MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ CASE SUMMARY This case

involves both allegations made by the City of El Mirage against the MCSO 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 as allegations made by the 2008 SVU Audit members who not only audited all SVU cases generated from January 1st, 2005 until approximately July 1st, 2008, but also conducted inventories of SVU offices as a result of evidence found which had not been properly impounded. 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 were not worked properly by the SVU. It was at first decided that all sex crimes cases which had 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 in some sex crimes cases, MCSO staff looked into all sex crimes cases generated out of the City of El Mirage worked by the MCSO SVU and determined initially, that approximately forty seven (47) cases required investigative actions (that number has eventually been reduced to 37). After finding so many cases lacking in investigative actions, it was decided by the MCSO General Investigation Division (GID) Command Staff to perform a complete audit of all sex crimes cases assigned to the SVU from January 1st, 2005 thru July 1st, 2008. Those sex crimes cases within that time period which were still “Open” or had been cleared either “Exceptionally” or “Inactive”, would be either re-examined or re-opened and 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 investigative actions were lacking, what they were. This audit of the SVU began in March of 2008 and continued until February of 2009. The audit was extensive in reviewing, in part, the following areas 1) All SVU sex crimes cases generated out of the City of El Mirage 2) All Maricopa County SVU sex crimes cases generated from January 1st, _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 1 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ 2005 until July 1st, 2008. 3) Listing all sex crimes cases reported in MCSO’s CAD system 4) Listing all sex crimes cases reported in MCSO’s RMS system 5) Detailing the numbers of cases assigned to the SVU by year 6) Detailing the average number of cases generated by month 7) Detailing the average number of cases assigned to each SVU detective 8) Detailing the investigative actions lacking in those SVU cases “Case by Case” (The total number of cases examined/re-opened was approximately 508) 9) Identifying evidence which was not impounded properly per MCSO Policy.

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 covering January 1st, 2005, until July 1st, 2008. Those steps included, in part, organizing that data by the 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 cases inappropriately when, according to the SVU audit, there were investigative actions still to be conducted. (This investigation further identified those cases generated out of the City of El Mirage vs. those generated out of the Maricopa County Sheriff’s Office jurisdictional beats.) 2) Detailing the problems with both the SVU Detective Sergeant’s Case Tracking system, and the supervision over the SVU investigations. 3) Detailing the problems with how evidence was improperly stored by SVU Detectives. _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 2 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ SCOPE OF THE INVESTIGATION

This case had originally been assigned to Internal Affairs for investigation on November 28th, 2007, and was worked, in part, by Sgt Brandon Luth #1375, before being turned over to Lt Bruce Tucker #975 on May 12th, 2008. Lt Tucker investigated the case for 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 3rd, 2011 and assigned to Sgt 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 who conducted the SVU Audit. It should be noted that this Internal Affairs Investigation is not an assessment of the results of the SVU audit. It is instead, the overall findings of policy violations found from both, (1) interviews conducted and information collected after the investigation 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 in the SVU audit.

Internal Affairs Investigation On January 3rd, 2011, this case was assigned to this investigator through the chain of command in order to complete the investigation into this matter. Throughout the investigation, I reviewed the volumes of data provided by Lt Tucker (Volumes 10 through 25, & 34), as well as those provided by Sgt Lugo which detailed the “2008 SVU Case Audit” (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 I obtained from interviews with the following personnel, provided the basis for this investigation: (Capt Steve Whitney #611, Lt Fred McCann #976, Lt Henry Brandimarte #833, Lt Kim Seagraves #1018, Sgt Greg Lugo #1480, Sgt Craig Lewis #804, Deputy Roy Rojas #871, Detective Jon Felbab #1142, Deputy Eric Haarala #1157, Former MCSO Capt Penny Babb, Former MCSO Capt Brian Beamish, and Former MCSO Lt Kevin _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 3 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ Riddle) It should be noted that interviews with Former MCSO Detectives Mary Ward and James Weege were requested, however, to date both have declined to be interviewed by MCSO Internal Affairs Investigators. Both Mary Ward and James Weege are now employed by the Goodyear Police Department, as police officers.

Overview of the SVU operations from January 1st, 2005 thru July 1st, 2008

During this time, the SVU consisted of one (1) Detective Sergeant, and five (5) Detectives primarily assigned as sex crimes investigators, as well as two (2) Detectives assigned to the unit to handle the “Sex Offender Notifications” responsibilities of the unit. The SVU was assigned to the General Investigation Division (GID) of MCSO and was overseen by a Lieutenant and Captain within GID. Some personnel assigned to GID, as either SVU personnel or command staff over the SVU, transferred in/out of the unit over the the period of time from January 1st, 2005 until July 1st, 2008. Those personnel shown to have been assigned to GID working with the SVU during that timeframe were: Captain Bill Knight #1011, Captain Steve Whitney #611, Lt Fred McCann #967, Lt Henry Brandimarte #833, Sgt Darrell Newton, Sgt Suzanne Seagraves #1018, Det Mark Cockerham, Det Mary Ward #1125, Det James Weege #1291, Det Rodrigo Rojas #871, Det Eric Haarala #1157, Det Jonathan Felbab #1142, Det Mike Brooks #1451, Det Terry Lopez #925, Det Shannon Reed #1070, and Det Sherry Decker #980. In October of 2005 MCSO entered into a contract with the City of EL Mirage to oversee all law enforcement operations within the city, which also included El Mirage P.D. personnel. El Mirage P.D. was to continue to employ El Mirage P.D. Officers at that time who would respond alongside MCSO Deputies to calls for service. It was after the contract ended in October of 2007 and investigative cases had been turned back over to the newly appointed El Mirage Chief of Police, Michael Frazier, that questions arose concerning the MCSO SVU’s quality of work given to those sex crimes cases generated out of the City of El Mirage. _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 4 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ In an email from El Mirage Chief of Police Michael Frazier written to MCSO Chief Scott Freeman on November 6th, 2007, Michael Frazier wrote, in part:

“…On another issue, we picked up several cases from your staff on Monday, and they had a summary page as we had discussed; however, the vast majority said there was no work that had occurred on the case. When we met for lunch, your commander (I don’t know if he was a commander, but he was over violent crimes I believe) indicated most cases had been worked and that there was only some minor follow-up needed on some adult sex related cases. What I find out now is that there is a bevy of cases, including some that are sex-related involving some juveniles from 2006 and early 2007. The potential that they have been re-victimized is a possibility. We’re going to figure out a way to look into these cases (probably through contract help). I only mention this to you because I know of your high work standards and thought you would want to know. Thanks. Mike” (Volume 40 Tab 1)

The email prompted not only an audit of the sex crimes cases worked by MCSO’s SVU generated out of the City of El Mirage, but also an extensive audit (referred to as the “2008 SVU Case Audit”) of all SVU sex crimes cases generated from January 1st, 2005 until July 1st, 2008. Due to the extensive amount of dedicated time/effort required for this task, a “Power Squad” was formed. This squad was comprised of over eight (8) detectives and one (1) Sergeant which were pulled from within various MCSO investigative units, whose main priority was to review those SVU cases that were cleared either “Inactive” or “Exceptionally” and determine if (1) proper investigative actions had been taken, (2) if not, what actions needed to be taken in order to close each case properly, and (3) correcting all deficiencies found in the audit. _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 5 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ The number of cases reviewed by the SVU audit members during the period that fit the above criteria was approximately five hundred and three (503). Of those reviewed, approximately four hundred and eight (408) required further investigative actions to be completed. (Volume 7 Tab 8 Page 1)

Issues Brought to Light during the SVU Audit and the Internal Affairs Investigation This investigation pointed out several issues that were occurring within the SVU during that time period which may have contributed to both the “appearance” of case mismanagement of the SVU, as well as documented evidence of case clearance/case tracking/evidence mismanagement of sex crimes cases handled by the SVU. The following issues were brought to light during the investigation conducted by the Internal Affairs Division, as well as, the SVU audit lead by Lt Kevin Riddle and Sgt Greg Lugo, who organized an exhaustive investigation into the inner workings of the SVU at the division level. The biggest issues leading to case clearance/case tracking/evidence mismanagement appeared to include the following factors: 1) At the inception of the law enforcement contract between MCSO and the City of El Mirage, there was no plan in place to track sex crimes cases which were originally reported to the El Mirage P.D. dispatch. (It was several months before a procedure was enacted which allowed for a separate MCSO incident number to be generated and linked to the original El Mirage incident number for SVU tracking purposes.) Although the contract between MCSO and El Mirage was in effect on October 5th, 2005, it was several months before all detective cases were turned over to MCSO’s General Investigation Division (GID) for follow-up. Until those duties were officially turned over to MCSO, the El Mirage P.D. detectives continued to be assigned and work those cases which were reported. At the onset of the contract, El Mirage P.D. continued to dispatch El Mirage P.D. officers to calls for service. At his time, El Mirage P.D. officer’s would be given an El Mirage P.D. departmental report number for each call/case, which was not in any way linked to either MCSO’s Computer Aided Dispatch (CAD) _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 6 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ system, or Report Management System (RMS). By the time the SVU took over all sex crimes cases from El Mirage P.D. detectives, because of the separate tracking systems by both agencies being utilized, three issues arose which created the possibility of problems associated with the SVU investigating the El Mirage sex crimes cases at a later date: a) Often several months passed before many of these cases were assigned to the SVU detectives for follow-up. (Many of these cases were brought to the attention of the SVU, by either the victims or family members associated with the victims of each case, by calling either El Mirage or MCSO for an update on the status of their cases. In each instance this occurred, SVU members had to research the incident to obtain the details regarding the case before assigning it to the proper MCSO SVU detective for follow-up.) (Volume 40 Tab 2) b) Because of the time delay in the cases being assigned, there were some cases in which evidence could no longer be obtained, or pertinent follow-up could not be conducted in a timely manner. (Sex crimes cases often have a limited window of time where crucial physical evidence can be obtained for use in trial.) In addition, several of the victims/witnesses could not be found at a later date at the addresses originally listed in the initial report. Because of the delay in case assignment, the possibility of obtaining either crucial physical evidence, or vital information from victims/witnesses at a later date was not always possible. In a few instances where victims were later found, several declined to further proceed with prosecution as they explained that they had “…put the incident behind them and did not wish to relive the incident.” (Volume 7 Tab 2 Page 6) c) Due to the fact that the initial reports taken by El Mirage P.D. officers were not immediately forwarded to the SVU for follow-up, several cases eventually had multiple DR numbers assigned to them, giving the appearance of more active cases open than there actually were. During the investigation conducted by Lt Tucker, the list of active/open cases _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 7 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ that should have been turned over to El Mirage P.D. was reduced to approximately forty seven (47). This was accomplished through the exhaustive efforts of Lt Tucker (MCSO IA), Alan Quackenbush (MCSO Records Section), and Scott Jeffereys (MCSO CAD Coordinator), who searched MCSO’s Departmental Report database in order to determine the true number of sex crimes cases generated within the jurisdiction of the City of El Mirage during that period. (Complete Volumes 12, 15, & 17)

The issue of sex crimes reports not being properly reported to MCSO by El Mirage P.D. Officers, or later forwarded to the SVU for follow-up in a timely manner, was addressed by Sgt Kim Seagraves #1018 in a memo she wrote to Lt Fred McCann on 7/17/06. In the memo, Sgt Seagraves not only identified the problems, but recommened that a possible remedy to the problem would be to have El Mirage P.D. Officers contact MCSO Dispatch and have an MCSO report number assigned and referenced back to the El Mirage P.D. report number. The memo was received by Lt McCann on 7/18/06 who wrote “I concur, it was my understanding that this was going to be the process.”, before forwarding it up the chain of command. The memo was received by Capt Bill Knight on 7/19/06 who wrote “I concur” before forwarding the memo further. There were two “PostIt” notes stuck together on the front of the memo on which was hand written “Bill, This will resolve itself in a month. Meantime Kim will have to make effort to deal with this in house. Scott” (It was believed by Sgt Seagrave’s that the hand written note was written by Chief Scott Freeman to Capt Bill Knight.) (Volume 40 Tab 3 Page 1) In an email from Capt Bill Knight to Lt Fred McCann and Sgt Kim Seagraves on July 25th, 2006, Captain Knight wrote in part:

“I just spoke with Freeman about the difficulities in tracking _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 8 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ El Mirage reports due to them not having an MCSO number assigned as well. He suggested since we will be dispatching El Mirage traffic within a month to just deal with it as best we can, since once we begin dispatching the problem will be resolved.” (Volume 40 Tab 8)

Sgt Seagrave’s understanding from this was that the SVU would not receive any immediate assistance in this matter as it was believed that the issue would no longer continue to be a problem after MCSO took over dispatching responsibilities for the City of El Mirage. The issue of El Mirage P.D. Officer’s still not providing adequate information to the SVU when responding to calls for service continued, until it was addressed in another memo from Sgt Seagrave’s to El Mirage P.D. Sgt Witte on 7/24/07. (Sgt Seagraves included a hand written note on the memo on which she wrote that she had “Identified issues regarding case tracking, cases falling through the cracks – not getting to the unit – discussed w/Brandimarte”) In the memo, which contained a “CC” to Lt Brandimarte, Sgt Seagraves writes in part:

“Per Lieutenant Brandimarte in order for the Special Victims Unit to work and assign cases that originate from El Mirage, all reports still need to be on the proper Maricopa County Sheriff’s Office formatting, which also includes a face sheet. The current El Mirage format that you sent does not include information that is necessary to properly work the case. The report does not contain phone numbers, date of birth, social security numbers in order to contact the victim, and or the complainant in this case. Please resubmit this case back to our unit on the proper formatting.” (Volume 40 Tab 7)

2) Not all members of the SVU were utilizing case clearance procedures as _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 9 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ described in MCSO Policy GJ-6.5 (Criminal Investigation Organization and Administration). Because of this, hundreds of cases were cleared either “Inactive” or “Exceptionally Cleared” when there were still investigative actions to be taken. Of the five hundred cases that were re-opened, over four hundred were identified during the audit as requiring additional investigative actions to be taken before being properly closed. Those cases found “lacking” in investigative actions were found to require one or more of the following areas be addressed: 1) Contacting/locating/interviewing the: Victim(s) 2) Contacting/locating/interviewing the: Suspect(s) 3) Contacting/locating/interviewing the: Witnesses/Investigative Lead(s) 4) Old supplements need to be written 5) Evidence Impound/Research/Review necessary 6) Follow-Up with the County Attorney’s Office 7) Reports required from MCSO Record’s Section 8) Other (Copy of Blank Form Used: Volume 34 Tab 9 Page 2) Although a portion of the responsibility of ensuring each case was cleared properly fell upon the SVU supervisor who signed off the case clearance sheets (then Sgt Kim Seagraves #1018), initially, the responsibility fell to each case agent, who was responsible for knowing the details of each case in-depth. Each case agent was ultimately responsible for justifying what actions were taken with each case and why. In most cases, it became clear that the majority of cases that the SVU audit determined required further investigative actions, were re-opened because auditors concluded that investigative actions, although possibly conducted properly, were not adequately documented in departmental report supplements. Other cases were determined to be lacking in far greater investigative actions. _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 10 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ One example of improper case clearance involved a sex crimes case in which a juvenile female had been victimized by her father. The case was assigned to Detective Mary Ward #1125 (MCSO DR# 07-083425/Mesa P.D. DR# 2008134059). After Detective Ward exceptionally cleared the case after the victim’s mother no longer wished to participate in the case, Mesa P.D. had reason to look into the matter after the original victim’s younger brother became a victim of the same suspect in Detective Ward’s case. During Mesa P.D.’s investigation, they were able to obtain a confession from the suspect in the MCSO case who admitted to committing the acts of -1 count of Child Molest- and -2 counts of Attempted Child Molest- against MCSO’s original victim. The suspect later accepted a plea agreement from the court for 1 ct. of Child Molest and 2 cts. Attempted Child Molest. During the SVU audit, it was determined that there was no documented efforts on the part of Detective Ward to contact/interview the suspect. It was further believed that had Detective Ward not simply cleared the case and at least attempted to contact/interview the suspect, there was a possibility that not only would she have possibly attained a confession from the suspect, she may in fact been able to protect the second victim from harm. At the time of the SVU audit, the suspect was awaiting sentencing on Mesa P.D.’s case. (Volume 7 Tab 2 Page 6) Another example of SVU cases being found critically lacking in investigative actions was a sex crimes case assigned to Detective Rojas #871 (MCSO DR# 07-148976) in which a thirteen (13) year old female ended up getting pregnant by a twenty (20)year old suspect and giving birth to the baby when she turned fourteen (14) years old. The case was assigned to Detective Rojas, however, there is absolutely no documentation of any sex crimes investigation into the case. The only MCSO documentation is a face sheet showing Detective Rojas as the “Reporting Officer” and the following in the Synopsis area: “14 year old Mayra Ruelas gave birth to a baby boy on 5/9/07. The father of the baby was identified by hospital staff at Del Web Hospital as Geraldo Arroyo_Ponce (20 years old). According to staff the sex was consensual and the _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 11 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ family was supportive.” (Volume 2 Tab 1 Page 1/Complete Documentation Tab DR# 07148976) One case assigned to Det Weege (DR# 06-168598) involved allegations of a ten (10) year old subject molesting his five (5) year old cousin. The case does not have any documented follow-up action from Det Weege. (Volume 2 Tab 2 DR#06-168598) One case assigned to Det Felbab (DR# 05-130364) was audited by Lt R. Burden during the SVU audit. On the “Case File Audit Review Report” sheet, Lt Burden wrote “This case needs some attention!” The case involved children that had been allegedly molested by a male subject identified simply as “Uncle Robbie”. The incident had originally been reported by CPS workers and was assigned to Det Felbab for follow-up. Lt Burden stated that the case still required the following investigative actions: “This case needs some attention! *Victim’s need to be located & interviewed foresnsically. Suspect needs to be fully I.D. (There were two Roberts living at the location of the molestation). Interviewed and documented. *Interviews with Brenda Garcia (adoptive parent) on 12/5/07 requires supplement/recording placed into evidence of this interview. *CPS case report/supplement dated 7/22/05 needs to be obtained and attached, conducted by CPS worker Tonya Petterson. *Grandmother Christine Fitton (IL#2) need to be located, interviewed & supplemented. She was aware of the molestation taking place. *Robert Beverly (grandmother’s “boyfriend”) possible suspect needs to be contacted, interviewed & supplemented. Both victims refers to the suspect as “Uncle Robbie”. The listed suspect who is believed to be Uncle Robbie, is Robert T. Fitton (S1) 8/15/87- 17 at the time of the incident date 7/05.”

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 12 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ Det Felbab cleared the case on 12/06/07 as “Exceptionally Cleared”. He wrote the following in the “Remarks” section: “This case will be exceptionally cleared. The reported victim’s in this case have been adopted by foster parents/complainant and the rights of the biological relatives have been leagally severed. The adoptive mother reports that the boys are safe and their mental and emotional needs are being tended to professionally. The adoptive mother agrees that this case has become stale. She feels that at this point there would be little point in attempting to continue the investigation. She understood that the case will remain on file should the situation change.” The clearance sheet was signed by Sgt Seagraves with the following initials printed at the bottom: “SKS 1018”. (Volume 6 Tab 3 DR# 05-130364)

The following is an exhaustive listing of the cases determined in the SVU audit to have been cleared inappropriately due to the listed “Investigative FollowUp Actions Lacking”, and the detectives each case was assigned to:

Detective Rodrigo “Roy” Rojas #871 (Total: 67)

DR#: 0515065 05015648 0525419 0536535 0542580 05-

Clearance: Exception ally Exception ally Exception ally Inactive Exception ally Exception

Investigative Follow-Up Actions Lacking: Needs old supplements written, case should have been cleared "Inactive" not Exceptionally if suspect is unknown. Needs follow-up with victim, no supplements attached. Needs interview with suspect, Original forms need to be impounded, old supplements need to be written. Contact/locate/interview victim, old supplements need to be written. Change clearance to "Unfounded", old supplements need to be written. Supplements for suspect interview not attached, old supplements

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 13 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
48036 0554038 0556268 0561538 0573618 0584309 0595437 05104643 05107140 05123606 05127397 05152045 05179110 0621298 0627068+ 0630552 ally Exception ally Exception ally Exception ally Exception ally Exception ally none Exception ally Open Exception ally Unfounde d Exception ally Exception ally Exception ally Exception ally need to be written. Suspect not interviewed, evidence forms need to be impounded, old supplements need to be written. Suspect not interviewed, Old supplements need to be written. No supplements attached. Old supplements need to be written, contact/locate/interview suspect. Old supplements need to be written. Old supplements need to be written, follow-up with C/A's office for submittal Old supplements need to be written, Evidence Impound/Research/Review needed, Was medical exam conducted? Old supplements need to be written. Needs original report attached, write supplements, clearance sheet? Old supplements need to be written. Without a known suspect the case clearance should be "Inactive". Where are interviews w/victims?, supplements?, old supplements need to be written. Old supplements need to be written: Attempts to contact complainant. Old supplements need to be written: Victim Interview, Suspect Interview, Witness Interview. Clearance states suspect was supposedly out of county until Mid January 2006 but report says crime happened Feb-2006. (Reports 06-27068 and 06-30552 are linked together) Contact/Locate/Interview Suspect, Old Supplements need to be written, can suspect substantiate his being "out of the country" at the time of the incident? (Reports 06-27068 and 06-30552 are linked together) Contact/Locate/Interview Suspect, Old Supplements need to be written. Change to "Unfounded", Old supplements need to be written: Supplement on 3/30/06 interview with victim, No exam? State so!

0627068+ 0630552 0635486 0635538

Exception ally

Inactive Exception ally

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 14 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
0636333 0649616 Exception ally Exception ally Interviews are not attached, Old supplements need to be written. Contact/locate/interivew victim, Contact/locate/interview suspect, Old supplements need to be written, Interviews with all parties need to be conducted, and case properly wtitten, and filed for review by CA. Should be "Inactive" pending contact with suspect, Contact/locate/interview Suspect, Old supplements need to be written. Change to "Unfounded", Old supplements need to be written: Without known suspect the case should be cleared "Inactive". Case already re-opened after father of victim complained to Sgt Lugo via telephone. Old supplements need to be written: (Narrative), Interview Private Investigator Where is evidence? Locate! Was this submitted to CA? Contact/locate/interivew victim, No supplement re: Clearance and Suspect leaving state. No attempt to conduct a follow-up interview w/victim in past 8 months. Old supplements need to be written: Need supplements written for interview with Mary Cancino (mother) alsowith Becky Flores (Victim) on 1215-07, Was the suspect Jorge Mardid ever contacted/interviewed? Old supplements need to be written: Supplement for interivew w/Brenda Lee McBeath, supplement for interview w/Ricky Ray Walker, Evidence Impound/ Research/Review: Recorded Interviews? Old supplements need to be written: Supplement re:contact w/Lorena, Evidence Impound/ Research/ Review: Recorded interviews? Old supplements need to be written: Need supplement indicating Gilbert P.D.'s investigation and request by Gilbert P.D. for MCSO to clear this case. Old supplements need to be written: Supplements of Interview, Evidence Impound/Research/Review: (Evidence CD's, tape of interview) Contact/locate/interview Victim: attempts need to be documented, Victim's

0653508 0674894 0682357 0685018 06100019 06102393

Exception ally Exception ally Exception ally Exception ally Open Inactive

06107217

Exception ally

06117259

Exception ally

06119177 06127602 06131332 06131333

Exception ally Exception ally Exception ally Exception ally

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 15 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
parents need to be contacted inperson, Old supplements need to be written: attempts need to be documented. Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written, Evidence Impound/Research/Review, Recorded Interviews? Old supplements need to be written, Other: What about an adult providing alcohol + cigarettes toa minor? Contact/locate/Interview Suspect, Old supplements need to be written. Contact/located/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written, Evidence Impound/Research/Review, Transcribe interviews, if that is what is on the disc in the file. Contact/locate/interivew victim, Contact/locate/interview Suspect, Clearance sheet states based on information there is no evidence to support the allegations of sexual abuse. But in file is a fax from victim's stepfather where suspect supposedly admits to several sex acts against victim, No victim interview, No witness Interviews, No Suspect Interview. Old supplements need to be written: Supplements need to be written on all parties interviewed. Investigation to ID suspect not undertaken. Did someone at the party know suspect? Clearance sheet indicated there was no "inappropriate touching which is not the case. Victim was grabbed from behind in an attempt to lower his pants. Old supplements need to be written: Interview need to be attached, Without a known suspect the case should be cleared "Inactive". Old supplements need to be written. Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written, Interview all parties included and write applicable reports/supplements.

06136863

Exception ally

06136924 06139789 06148809

Exception ally Exception ally Open

06149823

Exception ally

06155326

Exception ally

06165016 06171884 06200117

Exception ally Pending CA Juvenile Exception ally

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 16 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
06211509 Exception ally Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written, Evidence Impound/Research/Review, Supplements need to be written, Doctor's report missing, Interviews need to be conducted. Old supplements need to be written: Supplements need to be written by Rojas Contact/Locate/Interview Suspect, Old Supplements need to be written, Supplements on this case need to be written. Contact/locate/interveiw Suspect, Old Supplements need to be written, Other: Victim made statements that the listed suspect was being investigated by MCSO maybe PPD for molestation case in the past. RMS/& PPD should be contacted and see if there is a record on file to help track suspect and locate. Supplement on attempts to contact & locate suspect. Get with SI and rund DES checks for employment and supplement. Report on findings. Find and interivew suspect…Run power & Unilities on suspect. Other: There are other adults listed in this case that could have been contacted. CPS could also have been included if parental involvement/cooperation was not evident. Had the case for nearly 1 year before writing it off. Contact/locate/interivew Victim, Need to contact Victim start investigation. *ID suspect & research history. No interviews conducted by detective, Contrary to clearance sheet the victim stated that teached moved hand down her back & she thought he was going to touch her buttocksbefore she stopped him, Principal interviewed some children who did not report seeing victim or activity. Parents reported rumors about prior incidents. One other student contacted by deputy & principal stated there were no reported incidents. Only suspect name & school is provided for his ID.

06212025 07-1260 07-6539

Exception ally Exception ally Inactive

0793003

Exception ally

0742078 0770949

Exception ally Exception ally

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 17 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
0771137 Exception ally Contact/locate/interveiw Suspect, Contact/locate/interview Suspect, Other: No interviews done-cleared from deputies report. Victim reports multiple sexual assaults by step-father with mother present. Sisters possibly victims also. Old supplements need to be written: Initially in report victim was to have disclosedto mother. Forensic interiview victim says "My mother told me that I don't know". Mother after non disclosure say info came from her son. No interview with son. Contact/locate/interview Suspect, Old supplements need to be written, Evidence Impound/ Research/ Review, Other: Nothing documented. Supplement needed for father Tommy Apodaca & victim Leah Apodaca. Both interviews were conducted at GID. Recordings need to placed into evidence & supplements written…Need Medical records from Del Webb Hospital (4-21-07). Contact & interview & identify Kristan Liamas who was with the reported victim Leah during the sexual assault??? Suspects need to be I.D. & interviewed. Take victim's computerresearch victim's MySpace. Contact/locate/interview Victim, Contact/locate/interview Suspect, No attempt to confirm families move to Mexico that was reported via phone by the mother. Victim made allegations with details of two occassions to patrol deputy-no informaiton in detective supplement regarding those incidents. No Child Help report. No evidence of an interview tape of either the victim or suspect. Contact/locate/interivew Victim, Contact/locate/interivew Suspect, Old supplements need to be writtten: No supplements written, Interviews conducted, medical exam, or CPS intervention. Basically nothing was done by detec-

0776822

Exception ally

0788267

Exception ally

07101982

Exception ally

07116785

Exception ally

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 18 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
07117727 Exception ally tives. Contact/locate/interivew Victim, Contact/locate/interivew Suspect, Old supplements need to be writtten, Old supplements need to be written, Evidence Impound/Research/Review: No follow-up doen with suspect. Original forms need to be impounded. Parents should be re-contacted. Contact/locate/interivew Victim, Contact/locate/interivew Suspect, Old supplements need to be writtten, Old supplements need to be written: Victim conducted initial interview. Suspect not located or interviewed. Contact/locate/interivew Victim, Contact/locate/interivew Suspect, Old supplements need to be writtten, Only one victim interviewed. Suspect not interviewed. Old supplements need to be written: Interview needs to be attached. Contact/locate/interivew Victim, Contact/locate/interivew Suspect, Old supplements need to be writtten, Verify if turned over to El Mirage. Old supplements need to be written: Supplements from Rojas not included. Contact/locate/interivew Victim, Contact/locate/interivew Suspect: The original report is all that's in the file? Needs Investigation Done… Contact/locate/interivew Victim, Contact/locate/interivew Suspect, Evidence Impound/Research/Review: No interviews done with suspect. Original sex crime evidence report not impounded. Contact/locate/interivew Victim, Old supplements need to be written, Evidence Impound/Research/Review: No Child Help report. No interview with victim. Original reports/CS's not impounded.

07124046

Exception ally

07137842

Exception ally

07148247 07159888 07165907 07166182 07172139

Exception ally Open Exception ally Open Open

07198204

Exception ally

Total Number of Cases Lacking Investigative Action: 67

(Volume 3 Tab 1) _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 19 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ Detective James “Jim” Weege (Total: 71)

DR#: 0523087 0525978

Clearance: Exception ally Inactive

0551927 0563427 0564135 0576428

Exception ally Exception ally Exception ally Exception ally

Investigative Follow-Up Actions Lacking: Old supplements need to be written: Victim does not desire prosecution. Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written, Evidence Impound/Research/Review. Reviewer: Whitney Old supplements need to be written: No supps attached indicating why the allegations are unfounded or what action was taken by Det. Contact/locate/interview Suspect, Old supplements need to be written. Old supplements need to be written: No supps attached. Old supplements need to be written: Says victim does not want to prosecute but no supplements. Calls to mother? How is victim not willing to aid???as stated on clearance report. No follow-up in report from Detective other than clearance sheet. 2 page DPS lab report for serology…don't know why. 14 year old pregnant by 30 year old man. Some work should probably be done… Old supplements need to be written, Other: Nothing written by case agent (Weege)?? Victim interview needs supplement & summary Conflicting evidence items: Question-where did evidence item 100a & 100b come from? - Needs supplement. Vic/susp's Phone?, Latent prints from items 100a & 100b need to be run through AFIS? Again, nothing written by case agent on what was or wasn't done? Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written: Suspect not contacted. Old supplements need to be written:

05111842

Exception ally

05116456

Inactive

05159252

Exception ally

05-

Exception

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 20 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
169573 ally No interview supplements in file? No suspect(s) identified, the case needs to be "Inactive". Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written: Clearance date is incorrect. Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written: Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written, Contact/locate/interview Complainant, Contact/ locate/interview Witnesses/IL: * No Supplements! * Potential for re-offending is GREAT! (Reviewer:Whitney) Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written: Re-Open! (Reviewer:Whitney) Conact/locate/interview Victim, Old Supplements need to be written: Now victim is adult, contact her. Old supplements need to be written. Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written: Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written: Suspect not interviewed. Welfare check should be done on victim. Contact/locate/interview Victim, Contact/locate/interview Suspect: Needs investigation, only original report and medical exam attached. Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written: No original report Interviews on CD with evidence sheet-no supplements No Supplements Wrong clearance date Case notes indicate work done but no supplements No evidence listed besides CD's

05169722 05171909 05183211

Inactive Exception ally Inactive

05210096

Inactive

06-4481

Exception ally

06-6962 0613208

Inactive Exception ally

0622342 0625925

Exception ally Inactive

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 21 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
0640058 Exception ally Old supplements need to be written: Clearance sheet states an interview was conducted by the detective but no supplements are written & no evidence/property sheet completed for interview tape. No evidence documented as being collected No research on suspect. Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written, Evidence Impound/Research/Review. Where is interview w/victim? Was there an interview w/suspect? Where is interview supp of complainant? Old supplements need to be written: Supplement needed to determine jurisdiction and why forwarded. Contact/locate/interview Suspect, Old supplements need to be written. No interview with suspect. What are the issues hindering prosecution? Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written, Evidence Impound/Research/Review. No Child Help Supplement, incorrect clearance date on clearance, no supplements. Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written, Other: Could be ongoing abuse. Old supplements need to be written: No supps attached. Old supplements need to be written, Other: I don't understand: IE…was the victim interviewed? - Was it recorded? - Was the mother interviewed? Complete supplemental reports. Documenting V's/Mother's interviews. Make sure the recordings of these interviews are placed into evidence. Contact/locate/interview Victim, Contact/locate/interview Suspect: No interview of victim/witnesses Interview of suspect done at his reception desk at hotel where he

0641195

Exception ally

0649757 0659817 0673531

Unfounde d Exception ally

Inactive

0688971

Exception ally

0696941 0696932

Exception ally Exception ally

06111678

Inactive

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 22 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
worked. No evidence collected. No indication tha the suspect interview was recorded. Old supplements need to be written, Evidence Impound/Research/Review: Old supplements Evidence goes in property and not on computer. Old supplements need to be written: Missing cleareance sheet, missing supplements, initial report states here are two suspects-unknown what happened to 2nd suspect. Need to be organized. Contact/locate/interview Victim, Contact/locate/interview Suspect: Needs investigation. Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written: Clearance based off of deputy's report No interviews or research documented by detective Clearance states no violation of statute but that should be reviewed. Contact/locate/interview Victim, Contact/locate/interview Suspect: Nothing attached after initial DR taken Needs investigation. Contact/locate/interview Victim: Clearance date (July 2007) is 2 months before Det says tried to call victim (Sept 2007) Victim said in early part of her interview-feared suspect. Victim provides both home and work phone numbers-shouldn't be hard to get ahold of them. Old supplements need to be written Old supplements need to be written, Other: Refer to El Mirage P.D. DR# 06-1148 Old supplements need to be written: No supplements attached? Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written, Evidence Impound/Research/Review,

06114987

Exception ally

06115232

Arrest

06122312 06123903

Exception ally Exception ally

06131330

Open

06132219

Exception ally

06140820 06144050 06163887 06166071

Exception ally Exception ally Exception ally Inactive

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 23 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
Contact/ locate/interview Complainant, Contact/locate/interview Witnesses/IL, Evidence Impmound/Research/Review: No Supplements attached for Detective 06172500 06174611 06191415 Exception ally Exception ally Old supplements need to be written: No supps attached. Other: Needs new clearance sheet (Incorrect DR on Previous Clearance Sheet) Contact/locate/interview Victim, Contact/locate/interview Suspect: Only original report from deputy in file Apparently no detective work performed Evidence on cell phone not collected but text photos placed in property by deputy No victim, witness, suspect interviews Contact/locate/interview Suspect, Old supplements need to be written. Incorrect clearance date. Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written: The case needs an investigation Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written, Evidence Impound/Research/Review, Contact/ locate/interview Complainant, Contact/locate/interview Witnesses/IL, Evidence Impmound/Research/Review: No supplements written by Detective Incorrect date on clearance Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written, Contact/locate/interview Complainant, Contact/locate/interview Witnesses/IL: Contact/locate/interview Victim, Contact/locate/interview Suspect, Contact/ locate/interview Complainant: Needs investigation Contact/locate/interview Victim: Conduct follow-up per C.A.

Inactive

06207974 06209982

Inactive Inactive

06213513

Inactive

06213987

Inactive

07-5280

none

07-9974

Arrest

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 24 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
0723152 0723498 0729579 Exception ally Unfounde d Exception ally Write up supplements outlining steps taken in follow-up investigation Contact/locate/interview Victim, Contact/locate/interview Suspect, Contact/ locate/interview Complainant, Old supplements need to be written: Clearance sheet needs to be corrected to "Unfounded" Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written: No contacts made by Detectives. Could be on-going abuse. Contact/locate/interview Victim, Contact/locate/interview Suspect, Contact/ locate/interview Witnesses/IL (Aunt/Mother) Cleared because victim's mother failed to show for appointment. No attempt to re-contact was documented. No interviews by Detective Contact/locate/interview Victim, Contact/locate/interview Suspect, Contact/ locate/interview/ Witnesses/IL: Victim interviewed by Child Abuse Assessment Center @ St Joe's reported molest by uncle and three other possible molests by same uncle (Also failure to protect by parents) Previous reports to MCSO No detective work beyond original report from deputy No evidence collected. Old supplements need to be written: No supps attached, follow-up with victim, ID and interview susp if victim will aid No interview with suspect. Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written, Evidence Impound/Research/Review: Supps w/Victims & suspects Recorded interviews? Contact/locate/interview Suspect, Old supplements need to be written. Old supplements need to be written: Supplements of forensic interview Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written, Contact/locate/interview Complainant, Contact/

0751326

Exception ally

0762372

Inactive

0764502

Exception ally

0766265

Exception ally

0780181 0711409 07134771

Exception ally Exception ally Unfounde d

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 25 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
locate/interview Witnesses/IL: Should not turn over to another agency at this point Finish off supplement necessary to turn over to Goodyear No supp on turning over to Goodyear PD No Clearance Sheet Mark as Unfounded! (Reviewer:Whitney) Contact/locate/interview Suspect, Old supplements need to be written. Supplements foucused on inappropriate behavior of CPS investigator Evidence indicates CD of victim, suspect, mother interviews but no supplements Attachment-transcript of victims interview with Child Help Previous 2005 reports from Air Force Base/Peoria attached USAF Investigators supposedly pursuing the case since suspect is active militaryunknow status Need to write supplements, determine statuse via USAF and possibly submit for charges. Old supplements need to be written, Evidence Impound/Research/Review: Old Supplements? Evidence Interview tapes? Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written 4 year old victim 13 year old suspect No follow-up has been documented Old supplements need to be written: Supp re: Buckeye PD from Sgt Butler Contact/locate/interview Suspect, Old supplements need to be written.Contact/ locate/interview Witness/Il: Victim interviewed by Child Help Witness to incident not interviewed Refers to suspect interviewed and "denied act" but no supplement or evidence that it was taped. Disclosure to father not documented. Refers to VHS tape but no evidence form. Conact/locate/interview Suspect, Old Supplements need to be written, Contact/ locate/interview Complainant, Contact/locate/interview Witnesses/IL,

07138369

Inactive

07139952

Exception ally

07167231

Exception ally

07168126 07179669

Exception ally Inactive

07206730

Inactive

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 26 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
Evidence Impmound/Research/Review: No supplements written by Detective 07222773 Exception ally Contact/locate/interview Victim, Old supplements need to be written Need to document attempts to contact Need to contact victim Contact/locate/interview Victim: Re-contact Victim - Start Investigation Conact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written, Reports needed from MCSO Records: No original DR attached Old supplements need to be written, Research with County Attorney's Office, Other: Need to attach Phoenix P.D. report? Need to research MCAO and gain court records and attach. Where are the supplements from case agent Weege on how he learned of prior/ alleged sexual assault adjudication! From MCAO, document it… Any Doctor's reporst? Contact/locate/interview Victim, Old supplements need to be written, Evidence Impmound/Research/Review: Need to contact victim Old Supplements Evidence, SANE kit? Old supplements need to be written, Evidence Impound/Research/Review: Old Supplements Evidence?? Audio recording?? Old supplements need to be written Document attempts to contact victim. Suspect not interviewed. Old supplements need to be written, Other: Need to verify Buckeye P.D. Forensic interview when? Where? By Who? Supplements

08-7798 08-9172

Exception ally Exception ally

0826652

Exception ally

0841357

Exception ally

0863429

Exception ally

0864688

Exception ally

0871518

Exception ally

Total Number of Cases Lacking Investigative Action:

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 27 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
71

(Volume 4 Tab 1)

Detective Mary Ward #1125 (Total: 69)

DR#: 05-2600

Clearance: Exception ally

Investigative Follow-Up Actions Lacking: Other: Original call to respond to a school No Investigation done. Suspect/Victim both 6 years of age There is a property invoice showing: smoking pipe, marijuana, syriges Taken from 201 S 96th Place No Supplement showing how drugs found & collected No property disposal sheet Not sure if drugs are related to case. Possibly wrong DR? Contact/locate/interview Victim, Contact/locate/interview Suspect, Contact/ locate/interview Complainant: Case Two yrs. Old Interivew: Victim, Suspect, Complainant Contact/locate/interview Victim: Tohave a case exceptionally cleared you need a suspect identified. The clearance should just be changed to "Inactive". More attempts to locate V1. Old supplements need to be written. No original report for review. Old supplements need to be written, Other: Original DR. Old supplements need to be written, Other: Original DR. Contact/locate/interview Suspect, Old supplements need to be written: Intel on suspect. Write supp on info discussed on clearance sheet. Contact/locate/interview Victim, Contact/locate/interview Suspect, Old Supplements need to be written:

05-6438

Inactive

0532071

Exception ally

0555689 0562972 0583027 0585251 05113282

Exception ally Exception ally Exception ally Inactive Inactive

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 28 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
Victim and Suspect need to be re-interviewed. Could be on-going abuse. Supplements need to be written. Contact/locate/interview Victim, Contact/locate/interview Suspect, Old Supplements need to be written: No follow-up done above initial report. No supplements attached. Contact/locate/interview Victim, Contact/locate/interview Suspect, Old Supplements need to be written: Interview need to be done & submitted to C.A. Contact/locate/interview Victim, Contact/locate/interview Complainant, Old Supplements need to be written. Old supplements need to be written, Other: Original DR. Nothing done on this case. Need to start from scratch! Contact/locate/interview Victim, Contact/locate/interview Suspect, Old Supplements need to be written: CD of interview - Impounded? Interview Mother, Interview Suspect Old supplements need to be written, Other: Clearance Sheet Contact/locate/interview Victim, Contact/locate/interview Suspect, Old Supplements need to be written, Contact/locate/interview Complainant, Contact/ locate/interview Witnesses/IL: No supplements in file. S/W in file - No paper, No supps, No Booking info, RMS shows inactive 11/20/07 Contact/locate/interview Victim, Contact/locate/interview Complainant: Interview Victim, Intel on Suspect and interview (2 year old) Contact/locate/interview Suspect, Old supplements need to be written, Evidence Impound/Research/Review: *Original reports victim taken to Det. Ward SVU, *Victim's clothing given to Det, *No property invoices, *Medical Doctor (lee) at hospital told deputy the he did not check to see if there were any signs of sexual assault, *Clearance sheet says victim mentally challenged & sexually active but this is no where stated in report. *Says suspect is mentally challenged - but not identified in

05115182

Inactive

05120402

Inactive

05129349 05142326 05151238 05151489

Exception ally Exception ally Exception ally Exception ally

05156057 05158103

Pending CA Arrest

05183750 05192047

Inactive Exception ally

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 29 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
report. *What was on the victim's underwear? 05207760 05218106 0632977 0634783 0636945 Exception ally Inactive Inactive Exception ally Exception ally Nothing on this case. Need to start from scratch! Contact/locate/interview Suspect: Suspect needs to be interviewed. An IL "Tyler" present but not listed. Needs to be interviewed. No clearance sheet. Should be cleared by arrest (eve though it was ultimately turned down by CA) No clearance, No supp on T/D, Shows Inactive. Contact/locate/interview Victim, Contact/locate/interview Suspect: Child Interview? Contact/locate/interview Suspect, Other: Obtain medical records, recontact victim & parent for status & possible attempt 2nd interview. Any further follow-up completed on witnesses of victim's behavior No attempt to interview suspect. Contact/locate/interview Suspect, Old supplements need to be written: No supps attached. How was susp indentified? How old is he when victim identifies him as "21" in report? Was other male subject identified that was seen @ suspect's house? Did victim buy a phone? Was there video tape of her with suspect? Was victim taken to hospital for a kit? Contact/locate/interivew Victim, Contact/locate/interview Suspect, Contact/ locate/interview Complainant: No follow-up attached & history of abuse by father per CPS. Evidence Impound/Research/Review, Other: Contact Pinal County/ASPD reference claim of 901H under suspect's trailer. Binders need to be impounded. Conact/locate/interview Suspect, Old supplements need to be written Contact/locate/interview Victim, Contact/locate/interview Suspect, Old Supplements need to be written, Contact/locate/interview Complainant: Other: Med records release signed & attached. Where are medical records? Old supplements need to be written, Evidence Impound/Research/Review:

0642436

Exception ally

0654482

Open

0655017 0663880 0676655 0681602 0685229

Exception ally Exception ally Inactive Exception ally Inactive

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 30 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
Evidence? Prop. Inv.?, No supplements. No clearance…RMS shows "Closed" 6/06, "Inactive" 2/25/08 Conact/locate/interview Suspect, Old supplements need to be written Contact/locate/interview Victim, Contact/locate/interview Suspect, Old Supplements need to be written, Contact/locate/interview Complainant, Contact/ locate/interview Witnesses/IL: *No clearance sheet attached, * Five victims involved, *Missing supplements, * Needs further follow-up, * Unknown what happened with suspect. Conact/locate/interview Suspect, Old supplements need to be written Contact/locate/interview Victim: Has supplement but no conclusion, no clearance sheet, RMS shows Inactive 11/20/07, Ward's face sheet shows that suspect admitted to sexual contact with his 8 year old grand daughter in Mesa during a preemployment interview. Old supplements need to be written Contact/locate/interview Victim, Contact/locate/interview Witnesses/IL: Int. victim, counselor, obtain couseling records, Int. mother, Did Det have any documented contact w/victim, parents, etc. No supplements, Change RMS from "Inactive" to "X-Cleared" Contact/locate/interview Victim, Contact/locate/interview Witnesses/IL: Who interviewed suspect & where is supp? Interview victim, interview wife, document actions taken by det, submt for review by CA Old supplements need to be written, Reports needed from MCSO Records, Other: Supplement needs to be attached for clearance. Any documentation from AK? Original report not attached. No supplements written about Det's efforts. Old supplements need to be written, Reports needed from MCSO Records, Other: Original DR Contact/locate/interview Victim, Contact/locate/Suspect,

0690460

none

0692515 0699371

Inactive unknown

06104669 06106500

Inactive Exception ally

06113293

Exception ally

06114989

Exception ally

06118172 06-

Exception ally Inactive

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 31 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
125602 Contact/locate/interivew Witnesses/IL, Old supplements need to be written, Evidence Impound/Research/ Review: **Elizabeth Michaelis (CPS) 623-977-5329 on 8/7/06 states that victim disclosed. Det. M Ward cleared case on 8/7/06 "Inactive" stating no disclosure?? **Det. Ward has only one supplement closing the case "Inactive" on 8/7/06. Nothing about supplementingthe interview/securing/placing into evidence video/ audio of interview. **No supplements with mother/boyfriend/grandmother Exception ally Unfounde d Inactive Reports needed from MCSO Records Original report needed. Interview w/mother needed. Old supplements need to be written: Suspect admits to touching buttocks of victim, no to extent that victim discloses. Contact/locate/interview Victim, Contact/locate/interview Suspect, Contact/ locate/interview Witnesses/IL: Int suspect, grandmother, re-interview motherquestion about incident @ St Joe's Hospital. Possibly re-interview victim. No supplements attached to report. No clearance attached. Contact/locate/interview Victim, Contact/locate/interview Suspect: Mother of victim contacted. Victim & Suspect not contacted. Old supplements need to be written: Orig. disks in file, no prop inv., Origanize case, Missing supps., No clearance sheet, RMS shows "Inactive" 11/20/07 Contact/locate/interview Victim, Contact/locate/Suspect, Contact/locate/interivew Witnesses/IL, Old supplements need to be written, Contact/locate/interview Complainant: * There is nothing attached to this report. No supplements. No follow-up, No clearance sheet yet RMS shows "Inactive" 12/5/07 Contact/locate/interview Victim, Contact/locate/Suspect: * Victim never has been interviewed and no attempts made to locate suspect. Old supplements need to be written: No supplements. Interview

06127834 06134716 06141714

06145315 06147619

Exception ally Inactive

06157533

Inactive

06167931 06-

Inactive Inactive

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 32 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
179419 06189841 06192732 Exception ally Unknown w/vict on 11/8/06 orig disk in file - Property? *No clearance sheet - RMS shows "Inactive" 12/5/07 Old supplements need to be written: Supplements for Child Help Interview & Medical Examination. Contact/locate/interview Victim, Contact/locate/interview Suspect, Old Supplements need to be written: * Nothing other than original report taken & faxed to Det. Ward. Nothing else. Contact/locate/interview Victim, Contact/locate/interview Suspect, Old Supplements need to be written: * No Supplements, * orig disk in file - No prop. Invoice?, No clearance sheet. RMS shows "Inactive" 1/22/08 Old supplements need to be written: Rojas supplements of interview, Where PHX P.D.'s reports come into play? Contact/locate/interview Victim, Contact/locate/interview Suspect, Contact/ locate/interview Complainant, Contact/locate/interview Witnesses/IL: No Clearance sheet. RMS shows "Inactive" 2/25/08. No supps. Contact/locate/interview Victim, Contact/locate/interview Suspect, Old Supplements need to be written: ** Original report only - Nothing else done. E-mail from Det. Edgar Fountain Hills providing possible suspect info. Contact/locate/interview Victim, Contact/locate/interview Suspect, Old Supplements need to be written: No interviews done. No Supplements to go along with clearance. Contact/locate/interview Suspect: Appears sex abuse allegations were unfounded yet susp still needed to be interviewed. There may be a child abuse/neglect charge applicable. To be followed-up on by Dist Det or SVU. Old supplements need to be written, Other: Original DR. Other: Original DR, Florence P.D. DR, DPS Analysis Old supplements need to be written: Supplements to back up

06203288

Inactive

06203981 06214020

Inactive

Inactive

06215394 06221646 07-5218

Inactive none Exception ally

0710994

Exception ally

0739020 0743245 07-

Exception ally Exception ally Inactive

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 33 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
58012 0769755 0773703 clearance Exception ally Inactive Old supplements need to be written Old supplements need to be written, Evidence Impound/Research/Review: No Clearance Sheet, S/W enclosed, No supplements, Evidence listed w/no supplements, RMS shows "Inactive" 2/25/08 Contact/locate/interview Victim, Contact/locate/interview Suspect, Contact/ locate/interview Complainant, Contact/locate/interview Witnesses/IL, Research with County Attorney's Office, Reports needed from MCSO Records: ** Four year old victim in this case I'm guessing doesn't understand why you give up on themn due to a deputy violating County Attorney Protocol. This case needs professional investigation immediately! Contact/locate/interview Victim, Old supplements need to be written: Clearance states there was an interview w/mother w/no supplement. Victim needs contact, if you can't find-supplement efforts. Contact/locate/interview Victim, Contact/locate/interview Suspect: No Det supp attached to this report. Was victim interviewed outside of what patrol did? Was susp ever interviewed? Case was never submitted to CA. Based on age protocol case should have been submitted. Old supplements need to be written, Other: Who did this get forwarded to? Contact/locate/interview Suspect, Reports needed from MCSO Records: Victim declined prosecution. Suspects could still be victimizing women. They need to be contacted. Evidence of 267 was found in residence. Was bong submitted for analysis? Old supplements need to be written: Could not evaluate without (original report)? Not all here. Conact/locate/interview Suspect, Other: Child Help reports needed. Who is suspect in relation to victim?

0777180

Exception ally

0783425

Exception ally

07123777

Exception ally

07176264 07199878

Exception ally Exception ally

07207445 0854010

Inactive Exception ally

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 34 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
0890750 Exception ally Suspect apparently in custody. CD of V-interview--Property? ** Victim 4 years old Suspect 31 years old, * Victim & suspect moved out of state prior to Detective working on report -- BIG SURPRISE -- * Clearance sheet says report was filed with Avondale P.D. even though alleged crime occurred within MCSO jurisdiction. Avondale closed their case, so MCSO Detective did as well. *No attempt documented to determine why Avondale closed case. Possible because it occurred in MCSO jurisdiction. * Suspect, victim moved out of state. Was another jurisdiction made aware to see if they could do investigation in event this is a real incident and victim isn't revictimized?

Total Number of Cases Lacking Investigative Action: 69

(Volume 5 Tab 1)

Detective Jonathan “Jon” Felbab #1142 (Total: 63)

DR#: 0561333 0569594 0570673

Clearance: Inactive Exception ally Inactive

0596019

Inactive

Investigative Follow-Up Actions Lacking: Contact/locate/interview Victim: Victim needs to be contacted. Initial interviews with victim was attempted through the father, but never done. Old supplements need to be written, Other: No narrative on original. Contact/locate/interivew Victim, Contact/locate/interview Suspect, Other: A supplement from Felbab is needed. Only case clearance sheet is attached. Need to locate victim and interview. Contact/locate/interview Suspect: Suspect was not located or interviewed.

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 35 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
0598291 05117083 Inactive Inactive Contact/locate/interview Victim, Contact/locate/interview Suspect, Contact/ locate/interview Witness/IL Contact/locate/interview Suspect: No supplements to indicate anyone made any attempts to locate possible suspect for any interview. Suspect was resident of group home-no one even identified suspect by anything other than name. Old supplements need to be written. Other: Clearance sheet needed. Check status. Contact/locate/interview Victim, Contact/locate/interview Suspect, Evidence Impound/Research/Review, Other: Warrant out for suspect? Lineup original in evidence, SANE kit submitted? Assume victim does not want to aid. Contact/locate/interivew Victim, Contact/locate/interview Suspect, Old Supplements need to be written, Other: This case needs some attention! Victim's Need to be located & Interviewed forensically documented & supplemented. Suspect need to be fully I.D. (There were two "Roberts" at the location of the molestation). Interviewed and documented. Interviews with Brenda Garcia (adoptive parent) on 12/5/07 requires supplement/recording placed into evidence of thie interview. CPS case report/supplement dated 7/22/05 needs to be obtained and attached, conducted by CPS worker Tonya Petterson. Grandmother Christine Fitton (IL2) need to be located, interivewed & supplemented. She was aware of the molestation taking place. Robert Beverly (Grandmother's boyfriend) possible suspect, needs to be contacted, interviewed & supplemented. Both victims refer to the suspect as "Uncle Robbie". The listed suspect who is believed to be Uncle Robbie is Robert Fitton (S1) 8/15/87 - 17 at the time of the incident date 7/05.

05117121 05125378 05127879

Exception ally Arrest Exception ally

05130364

Exception ally

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 36 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
05132599 05149493 Inactive Unfounde d Contact/locate/interivew Victim, Old Supplements need to be written: Victim needs to be found, try address. Contact/locate/interview Victim, Contact/locate/interivew Suspect: Vic & parents need to be contacted & Interviewed. Need copy of CPS report (not attached). Follow-up int. w/school couselor if necessary. Contact/locate/interview Vicitm, Old Supplements need to be written: Supplements need to indicate interview with complainant. Interview with child, Case cleared on opinion by father - Possible history - refer to MCAOJD. Old supplements need to be written: Supplements need to document apparent attempts to re-contact victim. *Physical attempt to locate. Old supplements need to be written, Other: There are no supporting documents or supplements in reference to the interivew with the victim: 17 yr old Emily Hancock, Mother: Brenda Hancock, or the suspect: Ronald Liston (Was there an interview or not with suspect?) Nothing at all written? It appears the X-Cleared status is okay, but there is no supporting doc's… Contact/locate/interview Suspect, Old supplements need to be written: Attempts to locate suspect weak. No attempts to identify suspect were made knowing suspect address. Cleared "Inactive" - All leads not exhausted, perpetrator's address and first name provided to MCSO. January 2006 last worked on case until 23 months later cleared. Photo lineup with victim as possible suspect has been identified. Contact/locate/interview Victim: No phone numbers, but how about address? Contact/locate/interview Victim, Contact/locate/interview Suspect: No supps on clearance info. Contact/locate/interview Suspect: Inappropriate statements on clearance sheet as reasons for clearance with

05153433

Exception ally

05155508 05172011

Inactive Exception ally

05172046

Inactive

05178077 05193182 05214792 05215547

Exception ally Inactive Inactive Exception ally

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 37 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
no supporting documents. 2 attempts on same day to contact mother with no response. No supplements written on either related case 04220793 or 05-215547. 05' report suspect is "Cody" 04' report suspect is "Thomas" (Dad) No research on either. Contact/locate/interview Victim, Old supplements need to be written: Need to contact victim/victim's parents. Need supplements to document attempts Submitt to CA?? Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written: Contrary to clearance sheet, victim is 8 years old and was reportedly also molested by 21 year old brother in Alabama previously to this molest in Mesa Brother now lives in Pennsylvania. No interviews of victim or suspect. No contact with Alabama or Pennsylvania. Contact/locate/interview Witness/Il: If equipment was broken, perhaps victim should be re-interviewed. Emma Newman needs interview along with her parents. (Suspect) Follow-up on his I.D., if he is rancher or maybe working locally. Any photo's taken by Newman's? Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written, Edivence Impound/Research/Review Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written. Contact/locate/interview Victim, Old supplements need to be written: Previous attempts need supplements. Need to locate victim and do an interview Use Texas LE if necessary. Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written, Other: Locate victim: Jeanay Mushaney 6/13/94-gain interview and document findings. Locate victm's mother: Tamara L. Lemke 9/29/73 interview and doc-

0625435

Exception ally

0642415

Exception ally

0647062

Inactive

50648854 0651984 0667102

Exception ally Exception ally Exception ally

0668187

Inactive

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 38 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
ument findings, locate victim's aunt Tanya Mushaney 9/25/73, then after the above contacts are completed and fact indicate a crime has been committed locate and interview suspect: Michael S Lemke 3/30/62. Contact/locate/interview Victim, Old supplements need to be written: Need to locate victim - begin investigation. Supplements needed for prior attempts. Background on parties. Contact/locate/interview Suspect, Other: Victim would aid in prosecution, waiting for contact with victm's father. Not contact made with suspect. Old supplements need to be written: Supp for contact w/juvenile County Attorney. Supp for CPS report. No interview with victim. Contact/locate/interview Suspect, Old supplements need to be written: Nothing in interv of victim indicates she was "delayed or lacking evidence" why? How many attampts were made to contact susp, who is an adult now? No documented contact w/vic, mother, susp, family etc. Old supplements need to be written: Clearance is fine, however, no interviews attached? Contact/locate/interview Victim, Contact/locate/interivew Suspect, Old supplements need to be written. Contact/locate/interview Victim, Old supplements need to be written: Reschedule interivew, or go ut to victim's house and meet with victim. Check on report from Mesa P.D. officer, as well as any report generated form crime scene unit. Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written. Contact/locate/interview Victim: Clearance sheet attached as well. Need to speak with victim. Clearance based on Suspect's interview. Old supplements need to be written: Supp info provided by Hyonok Yon at the Dept of Hild & Family Services in California. Contact/locate/interview Victim, Contact/locate/interview Suspect,

0675544

Exception ally

0684817 0689804 06102221

Exception ally Exception ally Inactive

06116049 06116602 06124206

Exception ally Exception ally Inactive

06129405 06130813 06139740 06-

Exception ally Unfounde d none Exception

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 39 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
142307 ally Old supplements need to be written: Victims and suspect never contacted or interviewed. Old supplements need to be written: Interview supp. w/witnesses (attempted interviews). Contact/locate/interview Suspect, Old supplements need to be written: Only attachments to original DR: * Sexual assault exam report * DPS scientific exam report * Property form * Transcript of victim interview & father's interview No supplements, No photographs of reported injuries, No interviews of several witnesses, No contact of security host/check-in post/crime scene at Lake Pleasant, No collection of evidence from scene, No question of victim if suspect knew her age and how. Contact/locate/interview Suspect Old supplements need to be written, Other: Confirm charges filed, Turned over to MCSO frm Mesa P.D., no supplements attached. Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written. Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written, Other: Is victim still at risk from suspect outside of Canyon State Academy? Were suspect-victim returned to their homes? * Victim enally penatrated 50 times and no victim interview or medical exam. * Exceptionally cleared parents seperated them. * They are friends-see each other at school-in the neighborhood or anywhere else, the suspect may want to meet. * No investigative work done on case other than note "21 to mom left msg", suspect is now almost 15, victim now 12. Evidence of interview w/file not

06153015 06158869

Exception ally Inactive

06160404 06184198

Exception ally Inactive

06191573 06193492

Exception ally Exception ally

06209832

Exception ally

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 40 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
06217373 Exception ally placed in property. Contact/locate/interview Suspect, Old supplements need to be written: Two cases reported done in Scottsdale one MCSO same suspect. No investigative work ever done on case other than one attempt to call victim. Eleven months only 1 attempted phone call to victim. Old supplements need to be written Contact/locate/interview Vicitm, Contact/loctate/interview Suspect, Old supplements need to be written: In person attempts need to be made. *Supp. Contacts w/parents/victim. Old supplements need to be written, Other: Contact suspect parents for interview. No supplements written in this case. Det should have contacted victim's parents & suspect's parents & documented. Give information to assist parents of suspect & parents of victim. No attempts to contact victim for 9 months after victim told police suspect comes into her place of employment in past. No attempts by Det to contact victim at place of employment. Contact/locate/interview Victim, Old Supplements need to be written: Contact CPS supervisor about worker, in order to locate victim. * Write supplements to info on clearance. Contact/locate/interview Victim, Contact/locate/interivew Suspect, Old supplements need to be written: Supplements from Felbab explaining clearance. All parties were at original location. Contact/locate/interview Victim, Contact/locate/interview Suspect: Clearance sheet comments are WRONG. Vicitm stated she DID want to aid in prosecution & knows of an additional victim who is currently also an employee. Check on statement about will or will not prosecute! Conflicting! Contact/locate/interview Suspect, Old supplements need to be written:

07-3249 0715504

Exception ally Inactive

07054414

Exception ally

0758789

Inactive

0774669

Inactive

0774995

Inactive

0775825

Exception ally

0795112

Exception ally

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 41 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
Suspect never interviewed. 07114764 Exception ally Contact/locate/interview Victim, Contact/locate/interview Suspect: Victim improperly interviewed per detective. No indication if victim's mother interviewed, if so, not in report. No indication if alleged suspect ever even fully identified. No interview ever done. Case exceptionally cleared but does not meet requirements. Contact/locate/interview Suspect, Old supplements need to be written, Evidence Impound/Research/Review: Original report 6/29/07 Child Help Interviews 7/16/07 One disclosure from 6 year old victim, nothing after that other thatn CPS reports. Aside from conducting interviews over the phone, and perhaps the manner in which the investigator tries to talk the victim out of aiding in prosecution, the rest of thie case seems completely investigated. (Reviewer: Whitney) Old supplements need to be written, Other: Missing supplements from Detective like interview with Parents, complainants, etc…Missing CPS reports, Victim disclosed info so case should be inactivated after complete investigation rather than "Ex-Cleared". (Reviewer: Whitney) Old supplements need to be written: Locate parties involved, conduct necessary inverviews, and write supplements Contact/locate/interview Victim, Contact/locate/interview Suspect, Old supplements need to be written: Make personal contact, write supplements! Copy of Mesa report. (Reviewer: Whitney) Old supplements need to be written: Missing supplemental reports of interview with parents and victim. Other:

07122065

none

07123254

Exception ally

07162368

Exception ally

0817924 0821178

Exception ally Exception ally

0856579 0872624

Exception ally Exception ally

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 42 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _
On 5/2/08 @ 1025 hours, an interview was conducted by forensic interviewer Sandy Corral at Child Help Center with the victim: Christopher De Rose. This report lacks the Child Help report with the victim. Contact/locate/interview Witness/Il: Contact Della Johnson and interview. Interview on Suspect Martinez. Interview victim's friends at group home.

0876130

Inactive

Total Number of Cases Lacking Investigative Action: 63

(Volume 6 Tab 1)

3) The supervisor of the SVU was not utilizing proper case tracking procedures as described in MCSO Policy GJ-6.D.1 (Criminal Investigation Organization and Administration). Shortly after the formation of the MCSO SVU, the Report Management System (RMS) went on-line for use. This database was to function, in part, by allowing users to track a variety of cases in a multitude of ways (by date, call type, district, detective assigned, etc…), as they were entered into the system. One of the functions of the RMS system was to allow individual detective units to track cases as they were assigned to them, as well as giving detective supervisors the capability to see all cases assigned to their unit by “call type”. When Sgt Seagrave’s was assigned as the SVU supervisor, instead of utilizing RMS as her primary case tracking system, she utilized a manual “logbook” to hand write each case and various notes, as cases were assigned to the SVU for follow-up. A review of MCSO Policy showed that a Detective Supervisor’s case log showed include the following entries: GJ-6.D.1 (Criminal Investigations Organization and Administration) Effective Date: 1/5/07 1. The detective supervisor shall establish and maintain a case control _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 43 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ system. The information recorded should include, but is not limited to, the following: a. The date and case agent to whom the case was assigned for follow-up investigation. b. c. d. e. The name of the suspect, if known. The due date of the final disposition. The final disposition of the case. The name and address of the victim.

A review of Sgt Seagrave’s SVU Case Log showed that there were several items lacking per the above listed policy. Sgt Seagrave’s Case Log had tabs for each detective assigned to the SVU with columns for the following entries in each section: 1. Date (If entered at all, the date often was entered with 2 digits only and did not always appear to have the year included) 2. Narrative Information 3. Victim 4. Suspect 5. Cross Reference DR# 6. Remarks (Mostly included case DR#’s) (Volume 25) That information that was lacking in Sgt Seagrave’s log book per policy GJ-6.D.1 included: 1. Complete Date (often missing or incomplete) 2. Victim’s address _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 44 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ 3. Due date of the final disposition 4. Final disposition of each case (Volume 25)

By using this manual system of case tracking, without either the due date for the final disposition or the final disposition entry in the SVU Case Log, it would be virtually impossible to determine the status of each case assigned to the SVU detectives, and therefore the overall performance level of the SVU. A review of all cases assigned to the SVU during that timeframe covered by the SVU audit also showed some cases that did not appear in Sgt Seagrave’s log book that were entered in RMS. One of many examples of this is a case assigned to Detective James Weege DR# 06-114988. The report simply contains an MCSO face sheet only showing the Reporting Officer as “S1291 Weege”. The case is not documented in Sgt Seagrave’s Case Log and the report contains nothing more than the face sheet with “Please Refer to El Mirage P.D. Report” typed in the synopsis area. The “RMS Entry Date” area of the face sheet shows entered on “7/14/06” by employee “#A5213” (Marjorie Chavez) (Volume 2 Tab 2 Page 1, DR# 06-114988) Due to the fact that all assigned SVU cases were not logged into the supervisor’s case log, there would be no way for the SVU supervisor to know if either the detectives were keeping up with their assigned cases, or if they were progressing with each case in a timely manner. This lack in proper case tracking procedures posed critical problems in the following areas: (1) Ensuring that all sex crimes cases were being assigned/investigated, (2) prioritizing each sex crime case assigned, (3) tracking the progress of each case in order to determine the next step in the investigation process, (4) and ensuring that each case received the proper investigative actions prior to clearance. It should be noted, however, that there were also issues with the Report Management System (RMS) as well. RMS was not always updated correctly _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 45 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ to show either (1) an accurate listing of criminal cases being worked by MCSO, (2) the correct units they were assigned to for follow-up. An example of this was shown in late November of 2007. In an email from Lt Brandimarte to the members of the SVU on November 20, 2007, Lt Brandimarte attached a list of SVU cases which he asked for clarification on. The attached list shows a total of forty (40) cases which were to be turned over to El Mirage at the end of the contract. Of the forty (40) cases turned over, ten (10), or one quarter (1/4) of them were either not entered into RMS at all, or assigned to the wrong unit for follow-up. (Volume 40 Tab 6 Pages 1-3) 4) Not all SVU detectives were storing/impounding evidence properly or in a timely manner. The SVU audit pointed out that hundreds of items of evidence were being left in the SVU detective’s offices, or in some cases, taken “home” with them when they transferred out of the unit, instead of being impounded into MCSO’s Property and Evidence per MCSO Policy. This posed possible major problems with sex crimes cases as seen in the evidence associated with the SVU Case DR#90-020876. While looking for paperwork unassociated with the case in Detective Rojas’s #871 SVU office in November of 2008, Sgt Lugo found a box of evidence stored underneath Detective Rojas’s desk containing forty seven (47) pieces of original evidence dating back to 1990. The defense attorney for the suspect in SVU Case DR#90-020876 wished to view the evidence, before allowing his client to accept the plea agreement offered by the County Attorney’s Office. Sgt Lugo had been searching for the evidence to this case for two weeks, including looking, where it should have been, in Property and Evidence. Had the evidence not been found, this could have forced the County Attorney’s Office to drop all charges against the suspect in this case. (This incident was later investigated under IA# 08-0192, during which, Detective Rojas admitted to not properly securing evidence. As a result, Detective Rojas was transferred from the SVU on November 24th, 2008.) (Volume 7 Tab 2 Page 7 / Volume 37 Tab “Rojas” Pages 1-3)) _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 46 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ After Detective Rojas transferred from the SVU, an inventory of his office was conducted. During the inventory the following was documented in the SVU audit: “While completing this process, an initial inventory was completed and a total of approximately one hundered and fifty (150) additional DR numbers were identified on documents, reports, evidence, CD’s, and audio tapes.” (Volume 7 Tab 2 Page 8 / Complete List: Volume 37 Tab “Rojas” Pages 1-10)

After Detective’s Mary Ward #1125 and James Weege #1291 resigned from MCSO on August 13th, 2008 to pursue careers with Goodyear P.D., an inventory of their SVU offices was conducted. The following is what was documented in the SVU audit concerning the evidence found in each detective’s offices during the inventory: “A total of two hundred and ten (210) DR numbers were associated with documents, CD’s, Audio tapes, VHS tapes and evidence that were removed from Det. Ward’s office.” (Volume 7 Tab 2 Page 7 / Complete List: Volume 37 Tab “Ward” Pages 1-6 / Photo’s Volume 40 Tab 13)

“A total of one hundred and fifty (150) DR numbers were associated with documents, CD’s, Audio tapes, VHS tapes and evidence that were removed from Det. Weege’s office.” (Volume 7 Tab 2 Page 7 / Complete List: Volume 37 Tab “Weege” Pages 1-4/ Photo’s Volume 40 Tab 13)

When Detective Eric Haarala transferred from the SVU to MCSO Patrol in June of 2007, he took with him a box of evidence, which he stored for a time, _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 47 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ in his personal garage before moving it to a locker at his patrol district office. It was on July 1st, 2008, that Sgt Lugo met Deputy Haarala to retrieve the box of evidence so that it could be properly impounded. Sgt Lugo documented in his “Supervisor Notes” the following for Deputy Haarala on 7/1/08 at 0615 hrs: “Meet w/Haarala C N/E corner of McClintock Rd/Baseline where he turned over box of CD’s, tapes, VHS, and some supplements he had at his house. Haarala claimed originals were in evidence other than one bundle of unfounded- He did not know what to do with them. Box collected- Cactus Towing notes were also present- Given to Vatistas” (Volume 39 Tab “Haarala” Page 1)

When the box Sgt Lugo received from Deputy Haarala was inventoried, it was found to contain evidence related to thirteen (13) SVU cases, including paperwork, CD’s (many of which were marked “Original”), and VHS tapes. (Complete List: Volume 34 Tab 12 Pages 12-13)

5) The SVU was Overworked and Understaffed. Lt McCann wrote up a request for the creation of an “Abuse Unit” which was submitted through the “Maricopa County Budgeting for Results – FY 2006-07 Results Initiative Request”. After being approved for creating/staffing/equiping an “Abuse Unit” and being fully funded to do so, although the full time employee (FTE) positions were created and filled, the “Abuse Unit” was never created. It was documented in the SVU audit that the average number of sex crimes cases assigned to the SVU for follow-up from 2004-2007, per year was as follows: _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 48 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ Number of cases assigned to the Unit 2004 2005 2006 2007 301 cases 314 cases 368 cases 274 cases (Volume 17 Tab 2 Page 1)

(These numbers equate to an average case load of approximately fifty five to sixty (55-60) cases per each of the five (5) SVU detectives assigned to investigate sex crimes.) Of those cases assigned to the SVU it was estimated in a GID Budget Request Report for FY 04’-05’ drafted by Lt Fred McCann, that from 1997 until 2003, over half of all the cases reported were crimes against children. (Volume 40 Tab 9 Page 4)

One of the main purposes of the proposed “Abuse Unit” being created, according to the budget request, was to augment the efforts of the SVU and absorb those sex crimes cases perpetrated against children, in order to meet the state mandated protocol for investigating such crimes. This initiative was requested and later shown to have been approved and funded through the “Maricopa County Budgeting for Results – FY 2006-07 Results Initiative Request”. The budget request shows the following names in the “Signature” block:

Department Director: Budget Liaison: Strategic Coordinator:

David Hendershott, Chief Deputy Loretta Barkell, Deputy Chief Suzanne Ashmore, Administrator (Volume 40 Tab 10 Pages 1-4)

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 49 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ The budget request further shows the following items/costs were approved for funding: Abuse Unit: (1) Detective Sergeant & (5) Detectives (6) Vehicles Technology Communication Miscelaneous Equipment Training/Certification $419,178 (On going) $172,702 (One time) $18,000 (One time) $30,000 (One time) $8,334 $6,000 (One time) (One time)

Total Funding Approved: $603,588.00 (Volume 40 Tab 10 Page 5)

Had it been created and implemented, The Abuse Unit’s (1) Sergeant and (5) Detectives posed the possibility of reducing the SVU detectives case load by approximately 50%, bringing the average number handled at any one time to between twenty seven to thirty (27-30) cases.

Interview with Former Captain Brian Beamish #831

On June 1st, 2011 I conducted an Internal Affairs Administrative interview over the _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 50 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ telephone with former MCSO Captain Brian Beamish #831. Brian Beamish stated that while employed with the Maricopa County Sheriff’s Office he was the Captain of GID from approximately October of 2001 until November of 2004, of which the SVU was a part of. At that time the Liuetenant of the Sex Crimes Unit (which later became the SVU) was Lt Fred McCann. When asked if he was aware of the case load the SVU when he was in GID, Brian Beamish stated that they were “buried” with cases. He stated that because he was personal friends with Chief Freeman, he had numerous conversatons with him about increasing the staffing levels of the unit because of the complexities of the cases and the state protocols for the sex crimes investigations.

BEAMISH: Yeah, I, I really don’t. Um, what I can tell you is they were buried, um, and, and they were always buried. I remember numerous conversations with, with, uh, Chief Freeman. I mean we, we’re personal friends so… LICKING: Right.

BEAMISH: …I mean lots of conversations about we really needed to do something, um, to, to increase the staffing levels back there. They were just always gettin’ beat up. And the problem is as you know the cases are, are exceptionally complicated. Um, the, the requirements placed on investigators are horrendous. And I actually sat on, um, the, uh, the multi-disciplinary or multi-jurisdictional protocol (unintel 6:51) committee, um, for Sex Crimes… (Volume 9 Tab 7 Page 7)

Brian explained that he was the Law Enforcement “Chair” for the Arizona State Multi-Jurisdictional Protocol that was responsible for developing protocols for the investigation of sex crimes, from 2002 until 2003. Because of the added requirements that the protocol placed on sex crimes investigators, Brian stated that there were several _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 51 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ conversations that took place where they discussed the possibility of creating a second squad for the sex crimes unit.

BEAMISH: And because of that it puts an incredible load on the investigator. And so there were, there were loads of conversations with regard to needing more help, a second unit, um, those types of things. And it was you know the money was you know in 2001, 2002 there were budget issues and budget constraints that came down that we weren’t able to do anything with. Um, you know that was back in the day when they took cell phones away and overtime back down to zero and… (Volume 9 Tab 7 Page 8) Brian stated that prior to taking over the roll as the “Chief” of El Mirage during the contract, he had been working with Chief Hendershott in order to work out the details of the take-over. Brain explained that when Chief David Hendershott worked to get the contract with El Mirage, he never factored in the additional manpower needed to cover the extra responsibilities. One of the problems that surfaced at the beginning of the El Mirage contract was the general lack of dispatcher/call-takers within the Communications Division. Chief Hendershott simply stated that by authorizing over-time, the problems would work themselves out. Brian Beamish stated that the problems did not work themselves out, instead, it “absolutely failed”. BEAMISH: And that was a real concern. If we take an extra you know say 60,000 phone calls in a year, what’s that gonna do to Communications? What’s that gonna do to the volume on the (unintel 13:20)? And Mary Mallard raised that concern early in the discussions and I _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 52 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ forwarded it on to Chief Werner, who I know in conversations because I was available and he talked about with Chief Hendershott you know it’ll be fine. We’ll authorize overtime. This will all work out. Well, it didn’t. LICKING: Right.

BEAMISH: I mean it absolutely failed. And it’s largely the reason why we got our butts handed to us goin’ out the door to El Mirage. People were really pissed off. They’d call 9-1-1, they’d be on hold forever. (Volume 9 Tab 7 Page 12)

Brian indicated that a number of the problems created during the El Mirage contract was a result of the decisions made by Chief Hendershott who was“…bitting off a way bigger bite” than the Sheriff’s Office could sustain. BEAMISH: You know everybody blamed her and Steve Werner, for that matter, just kinda like you know when things started to fall apart in El Mirage, I took the blame on that. Well, there were a number of things that that went into it but you know those were decisions that were made by Hendershott. He, he definitely was biting off a way bigger bite than he could, than the Office could, could sustain. (Volume 9 Tab 7 Page 15)

When asked if the number of detectives authorized in the SVU increased with the addition of the El Mirage case loads, Brian stated that he believed they stayed at the same threshold.

LICKING:

Right. Now when we officially took over El Mirage, did the number of

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 53 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ dedicated Sex Crimes Detectives stay four or did they, did they increase their numbers? Um. BEAMISH: My understanding is it stayed at the same, the same threshold. (Volume 9 Tab 7 Page 16)

Brian explained that he had also been tasked with helping to put together the MCSO training trip to Honduras. While the SVU was already shorthanded, Brian stated they were further tasked with giving up Detectives Rojas and Brooks to help his group put together training manuals for the Honduras trip. Both detectives, according to Brian, were not available for SVU details for several months. He indicated that regardless of who was aware of the staffing deficiencies in the chain of command from Sgt Seagraves to Chief Freeman, the majority of the decisions made regarding staffing levels at that time were made “directly by the Chief Deputy” (Hendershott). Even when he was made aware of the shortages and the potential problems, and was told in advance “…there’s no way this is gonna work.”, Brian said that Chief Hendershott would “…pull his glasses to the bottom of his nose and bark at you like hey, let’s just pretend for a fuckin moment that I’m the Chief Deputy and I get to make these decisions, Captain!”

BEAMISH: I mean there’s, there’s a lot of legs between Hendershott and, and Seagraves. LICKING: Right.

BEAMISH: Um, in, in my opinion you know I, I didn’t work with Whitney so I don’t know what his mind set was with regard to Sex Crimes. Um, I know Brandimarte, um, (pause) Brandimarte and I have history so you know it’s hard to say anything you know one way or the other. But I, I can say, um, you know I, I know Brandimarte, uh, had to have been aware. What his level of, of direction was I can’t answer to. _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 54 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ Um, but I know Chief Freeman was aware. Uh, I, I, I can’t imagine Bill Knight was not aware, uh, but a lot of those calls were made directly by the Chief Deputy. LICKING: Gotcha.

BEAMISH: I mean 100 percent I would stand on a stack of Bibles and swear in front of the Supreme Court that Chief Hendershott made those calls. He was aware of the shortages. He was aware of the potential problems. We pointed those things out to him in advance and said you’re gonna, there’s no way this is gonna work. LICKING: Um hum.

BEAMISH: And he would do things like you know pull his glasses to the bottom of his nose and, and bark at you like you know hey, let’s just pretend for a fucking moment that I’m the Chief Deputy… LICKING: Uh huh.

BEAMISH: …and I get to make these decisions, Captain! LICKING: Interesting.

BEAMISH: Right? So what do you do with that? (Volume 9 Tab 7 Page 19)

When asked if anything was ever put in writing up the chain of command concerning the lack of manpower, Brian explained that Chief Hendershott had directed that nothing be put in writing because “…he didn’t want a paper trail.”

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 55 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ BEAMISH: So it was real fluid. A lot of conversations Hendershott had called me down to his office. We’d talk about things. It wasn’t a lot of in written process and, and he’s not. I don’t know how much you worked with him, Brad but. LICKING: Uh, none. (Chuckle)

BEAMISH: Okay, well, you can, you can talk around and ask people. He was very big on don’t write anything to me. Um, it was very specific I don’t want a paper trail on anything. (Volume 9 Tab 7 Page 25)

Brian indicated that he believed the issues at that time were linked to a lack of resources. He further indicated that he felt that because Chief Hendershott had placed the Sheriff’s Office in a position of increased responsibility by adding the contract with El Mirage, without ensuring that those responsible were given the manpower and resources to ensure things could be done correctly, the “machine” didn’t work. BEAMISH: But I mean so resources were just the issue. Where, where is the manpower? So if you were to say you know gees, Brian, give me your, your best impression of where responsibility of this lies? I think it’s bigger than, than any one person. LICKING: Sure.

BEAMISH: Um, I think Ch- Chief Hendershott put us on the line for it, us meaning the Sheriff’s Office. I think he put us on the line for it. He said we will do this. And then he kind of held everybody responsible to it. The problem is unless you fund it, staff it, do those things that that make it work, the machine doesn’t work. (Volume 9 Tab 7 Page 44) _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 56 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _

Interview with Former Capt Penny Babb #660

On June 1st, 2011 I conducted an Internal Affairs Administrative interview over the telephone with former MCSO Captain Penny Babb #660. Penny stated that she transferred to GID as a Captain near the end of 2008. When she transferred into GID, the Lieutenant over the SVU was Lt Kevin Riddle. Penny stated that she was in GID when the SVU audit was being completed. She was the commander that re-opened approximately four hundred (400) SVU cases to be reworked. When asked if she had ever been notified, either verbally or in writing, about a lack of adequate staffing in the SVU, Penny explained that, without them first looking at the possibility of working more efficiently, that always seemed to be the first request from units when she asked her personnel what they needed. She further indicated that because the SVU members couldn’t even tell which cases were open, she believed that the issues the SVU were facing at that time were due to the fact that “…very basic management was missing” from the case load system. Penny stated that until they got control of the case management system, she believed that they couldn’t simply say “…I need more people”.

BABB:

If we find out that something’s been done wrong and that there needs to be discipline, you’re gonna have to take your l- your lumps but I have no intention of transferring any of you. I wanna get back to square one. You need a case management system. Your Sergeant needs to know what’s working. When you’re writing a supplement, the Sergeant needs to sign off on it, not just you send it off. You know _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 57 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ very basic management was missing from, from the case load system management of case loads. LICKING: BABB: Gotcha. And until you got control of that you can’t just go forward and say I need more people. (Volume 9 Tab 11 Page 10)

When asked if she felt that five (5) detectives assigned to the SVU would have been adequate compared to their case load, Penny stated that once they straightened out the management of cases and were assisted with better case clearing techniques, they could have continued with that number. BABB: Um, but I felt like once they straightened out the management of the cases and knew what we had and kinda gave some assistance on better ways to investigate and clear cases that that they could have continued with that number. (Volume 9 Tab 11 Page 16)

Interviews with Captain Steve Whitney #611

Internal Affairs Administrative interviews were conducted with Capt Steve Whitney by Lt Bruce Tucker on June 3rd, 2008 and again by Sgt Brad Licking on May 18th, 2011, and June 16th, 2011. Capt Whitney was the GID Commander in charge, of the SVU from approximately June of 2007 until, approximately January of 2008 when Captain Penny Babb #660 took over the SVU. When he took over GID, Capt Whitney stated that Lt Brandimarte was the commander and Sgt Seagraves was the Detective Supervisor of the SVU. Capt Whitney also stated that he required a weekly report of all significant cases. _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 58 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ WHITNEY: Okay. Do you want me to give you the history of, see I got here oh, I think it was February of ’07, and when I came in, when I came in, uh, the entire GID was under me that included Sex Crimes. Uh, the Commander of that unit was Hank Brandimarte and Sergeant, um, Kim Seagraves was the supervisor for the unit. And when I got here, um, and they were it’s a very busy place and there’s a lot of cases that they generate out there. And so there the chain of command was, obviously, her Detectives to Sergeant Seagraves, Hank Brandimarte oversaw the unit and then they reported to me. And I get a weekly report of all the you know significant cases that come up. I, I don’t have knowledge of all of the cases, uh, particularly the cases that were open before I got here. (Volume 8 Tab 1 Page 2) Near the time of the end of the contract with El Mirage, Capt Whitney was directed to have those GID units, including the SVU, compile a list and summarize all cases which were to be turned over to El Mirage P.D. When he reviewed those cases the SVU were turning over, he discovered that many of the cases were still open and over a year old. Capt Whitney became concerned about this due to the fact they were “people” crimes and questioned Sgt Seagraves about it. He stated that her response to his questions at that time satisfied him, making him think that there were not any cases at that time in which the suspect still had contact with the victim. He explained that because he found out that Sgt Seagraves was hesitant about clearing cases, he directed her to inactivate cases which were “going nowhere” and exceptionally clear those cases in which the victim refused to aid in prosecution. He further explained to Sgt Seagraves that a case could always be reactivated if further information regarding the case was found later. Of those older cases still open, Capt Whitney explained to Sgt Seagraves the importance of clearing a case “Inactive” when it met the proper criteria, so that the case was still not actively pending on their case log books. Capt Whitney explained that because of what he found, he implemented a program at that time to require GID _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 59 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ Lieutenants to audit cases on a quarterly basis and Sergeants to audit cases on a monthly basis to ensure cases were cleared in an appropriate time frame. Capt Whitney stated that his impression of Sgt Seagraves at that time was that she was very diligent and took her job seriously, working cases on a priority basis which had viable suspects or required priority work.

WHITNEY: Right. I wasn’t sure if you wanted me to tell about all this issue or that issue but, uh, when I got the reports Tuesday morning from Kim Seagraves, uh, I didn’t get the reports. I got a number on a piece of paper that said, this is the number of cases that we have active. This is the number that are, uh, you know just numbers, basically. And I when I sat with Kim I said, give me the dates these cases were active. When did we get these cases? How old are these cases? Uh, and to be honest, when she showed me the active dates when these cases were initiated, it did generate in my mind some questions like wait a minute, these cases are old. Why are these cases so old and not having, why are they not done? Why are they not completed? Why are they still open? Why are we carrying them open? If they’re inactive, they should have been inactivated. Kim at that point assured me that the cases that they had, and I don’t remember the number of cases, she assumed me ‘cause I met with her face to face. I think it was on Friday I met with her. They had no cases that, according to Kim, involved a live-in suspect, uh, the cases that were or, or cases that placed a child or a victim in, uh, a situation that would have you know put them in harm’s way. In other words, the cases that they had that were open were old cases that they were inactivated only because or not inactive, only because they hadn’t put a piece of paper indicating they should be inactive so they’re carrying them open, which kinda satisfied my, uh, concern there. Because I didn’t wanna have ac- you know cases that gosh, if you’ve got a victim with a live-in suspect or a suspect in close proximity who could reoffend you know that wasn’t gonna be. But the explanation as provided to me by Kim _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 60 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ was satisfactory to me at the time. In other words, she didn’t have any cases out there that I thought should have been worked in terms of incompetence, as the word you used, that wasn’t the situation that I, as explained to me by Kim. Uh, in my eyes Kim was very diligent about that job back there. She took it really seriously. Uh, when there was a suspect or a case that needed to get worked, it got worked on a priority basis. Uh, so the cases that they had open were old cases. And, again, victims who don’t wanna prosecute, they’re reluctant to testify; uh, suspects who have the area or the state, old cases that just they hadn’t gotten around to yet. I don’t remember the significance of how old they were but I know there was cases at least a year old. And that kinda of started a well, it brought to my eyes okay, we’ve got a situation we’re not inactivating cases that should be inactive so I instituted a program whereby on a quarterly basis the Lieutenants were to audit Sergeants’ cases. The Sergeants were to audit cases on a monthly basis, but the Lieutenants were to audit on a quarterly basis and then I would review the quarterly, uh, audits. In other words, cases wouldn’t get, uh, they wouldn’t just get ignored or if you got a case that’s three months old, I wanna know why the case is three months old. Is it, is there a reason why this case is sitting here idle? We can’t have that, especially with crimes against persons. So, uh, that’s, that’s kinda the only way I can really explain it to you. Uh, the reason that cases were old like that, again, uh, there was nothing to do on those cases but Kim didn’t wanna close them out. She and I told her, I explained to her my belief was if you’ve got a case that’s going nowhere, inactive it. You can always reactive a case, uh, but if you’ve got no suspects or they’re you know victim’s reluctant to prosecute or testify or aid in prosecution, whatever go ahead and x clear that case. Don’t leave it pending on your books. It looks bad when we go to turn those cases over because they’re still open. (Volume 8 Tab 1 Page 5) _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 61 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ Capt Whitney explained that when he first arrived at GID, because he wanted to ensure that there was a working case tracking system in place, he asked to see how each unit tracked it’s cases.

WHITNEY: That is correct. And, like I said, she was diligent about that. I did, when I first got here, I wanted, I don’t need to see individual Detectives case log. All I wanted to know was they do manage cases. There is a system in place that the Sergeant reviews the number of cases, whatever those cases are, and the Sergeant would have an active knowledge of what every single case was within that unit. And I was also confident that the Lieutenant had an overview of the number of cases and what those cases were. Generally speaking, they should have a more intimate knowledge of what those cases were. And when it got to me, I don’t need to know every single case. You could argue either way, maybe I should. (Volume 8 Tab 1 Page 9)

Capt Whitney explained that he requied the use of “RMS” (Report Management System) as the case tracking system for GID units at that time.

WHITNEY: I do know about the, right. The ones that are of, of note, the ones that come to me on a summary, I do follow up on to ensure those cases have been properly or let’s see what, where we’re at with those cases. But the answer to your question was yeah, I did know that they have active case you know management tools, books. Uh, and I also kinda started just lookin’ more at records management and how are we doing the records management? Are we putting it in the computer? Are we doing it by hand? I mean how are we doing it? And we had a discussion subsequent to this, uh, little, uh, it wasn’t an investigation. _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 62 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ My own inquiry on how we’re managing these cases. So after we did that then we said, okay, we’re all gonna use RMS now, ‘cause I wanna be able to pull up at any given time and look at, see for myself cases without havin’ to go down the hallway and ask. So, we did kinda put that in place. But I think over, we’ve had some movement around here and I’m not sure that’s, and (unintel 18:28) work under me now either, so (Volume 8 Tab 1 Page 10)

Captain Whitney further explained that he asked every Sergeant in GID to show him their case management books. Although he now believes that he did not see everything, Captain Whitney stated that at the time, Sgt Seagraves demonstrated that she was reasonably managing the SVU cases.

WHITNEY: I spoke with Kim and every Sergeant, when I took over here, I spoke, I spoke with every Sergeant in this unit and I had them show me their books and how they managed cases in terms of how do you receive your cases, uh, what do you do when you get the cases, who reviews them, how do you assign them and how, how do you follow up and check them. And Kim demonstrated to me how she did that and it looked like it was reasonable. LICKING: Okay.

WHITNEY: Um, and I was happy with, um, her case management at least in terms of what she showed me. Now I’m not, I’m pretty certain that she didn’t show me everything. (Volume 8 Tab 2 Page 8)

When asked if felt there was any level of incompetence which occurred on the part _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 63 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ of Lt Brandimarte, Sgt Seagraves, or any of the SVU Detectives, Capt Whitney stated that although Sgt Seagraves was a young Sergeant and performed more often as a “worker” rather than a “supervisor”, he felt that she “ran a pretty tight ship” in the SVU, and if a case needed to be worked “they worked it”. Capt Whitney further explained that he was impressed with both Sgt Seagrave’s detective and communication skills.

WHITNEY: In terms of incompetence? TUCKER: Correct.

WHITNEY: Is that what we’re talkin’ about? Uh. TUCKER: Whether it be through Lieutenant Brandimarte, Sergeant Seagraves or any of her subordinate Detectives?

WHITNEY: I really don’t, I personally thought that, uh, Kim ran a pretty tight ship back there. That was my perception of it. I didn’t, I felt confident in that if there’s a case that needed to get worked, she, they worked it. Uh, she was pretty hard working. She was we had to know pull her off cases because she would get involved with cases and, and every single case she would be, I wanted her to be more of a supervisor than a worker. And I wanted, I tried, I had coaching, uh, sessions with Hank Brandimarte to tell him how I wanted her to perform less hands on, more oversight. She needed to manage case rather than work the cases. And that was because she was a young Sergeant and, uh, ‘cause I went out on scenes with her I’d see her acting as a finder and, and not working more, not doing so much work as a supervisor and directing things, as of taking part in those things. And I, I coached Hank to coach her to be a better supervisor than a work-. She was an awesome Detective, I thought. And I thought she was, she communicated with the County Attorneys and, and everybody. Uh, I was pretty impressed with Kim. _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 64 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ (Volume 8 Tab 1 Page 13) When asked if he had any other thoughts on whether the unit was overworked, cases were “shelved” instead of being worked, or if incompetence played a part in the SVU, Capt Whitney stated that he felt that Sgt Seagraves acted in a “competent manner” and believed that she gave due diligence to every case that came across her desk. He further explained that he thought that she may not have received direction from her lieutenant (Lt Brandimarte) on the older cases. According to him, the lieutenant should have known that there were old cases and should have been more involved in actually reviewing those cases.

WHITNEY: No. I don’t, in my opinion, Bruce, I didn’t, I thought, uh, at the time Sergeant Seagraves was she acted in a competent manner. And I thought she gave diligence due diligence to every case that came across her desk. So in term, in my opinion, I don’t, I don’t think there’s any incompetence there. I, I can’t tell you. I think maybe she didn’t have the direction from her immediate supervisor on those case- the older cases. I think the Lieutenant should have been more involved in actually reviewing, he should have known all those cases were old. I don’t wanna place blame but if it gets to my level and there’s blame placed here, then consequently, there should be blame placed at the commander who actually oversees that unit. (Volume 8 Tab 1 Page 19)

Capt Whitney further stated that he felt that the SVU Detectives at that time were both “squared away” and “hard working”.

WHITNEY: I don’t think the Detectives, uh, those guys are squared away back there, honestly. They are hard working people. _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 65 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ (Volume 8 Tab 1 Page 21)

When asked if concerns of staffing in the SVU had ever come to his attention, Capt Whitney stated that from the time he took over from Capt (Bill) Knight, he never recalled the issue being addressed to him either verbally or in writing. Capt Whitney explained that if the issue had come to him, he would have asked that the request for additional personnel be justified in writing.

WHITNEY: And, and at the time when I took over that unit, I was basically assessing you know the needs, um, you know and I took over from Chief Knight, who was then a Captain here. LICKING: Um hum.

WHITNEY: And we never discussed you know the lack of personnel in any, any one of our, uh, GID, uh, units here. (Volume 8 Tab 2 Page 4)

WHITNEY: I don’t recall specifically Brad. Um, again, it’s possible. Uh, if, if they had come to me and demonstrated a need for personnel, um, I may have asked you know up my chain of command what the possibilities were. But I, I don’t recall that specifically. Uh, generally, though if a unit Commander comes to me and says we need more people, I’m gonna ask him to, to generate something in writing to, to justify an increase in personnel. LICKING: Gotcha.

WHITNEY: So, so if they had asked me that and if we had seriously considered you know adding people, we would have done it in written form. _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 66 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ LICKING: Gotcha. Okay. Um, are you aware of any like, uh, and we all know how the grapevine works. But were you ever under the impression that, um, I guess it had become more of just say like water cooler type complaints from people and that they and, and again like I said, I hate to put you on the spot ‘cause it’s been years. But, um, do you ever remember getting an impression that maybe the, the people in the SVU felt as if they were overwhelmed? Um.

WHITNEY: No. (Volume 8 Tab 2 Page 6)

When asked if he was aware of the fact that OMB had not only approved, but funded the Sheriff’s Office to create and equip an “Abuse Unit”, Captain Whitney explained that although that came about before he got to GID, he was aware that it had occurred and brought the issue up on several occasions. On one occasion that he addressed the issue with Chief Bill Knight, Captain Whitney believed that Chief Scott Freeman was present in the room. Captain Whitney further stated that he was told that the reason the unit was not formed was because there was a lack of manpower.

LICKING:

Uh, it was supposed to have been for domestic violence, um, child abuse, um, those types of things. Um, and kinda the way they made it sound, I guess, in the budget proposal was that, um, that unit had it been created would have kind of augmented the SVU, uh, with the child sex crimes investigations and what not. Um, I guess, my question to you did, were you ever made aware that that proposal had gone through and, uh, the Sheriff’s Office through OMB had actually been funded for that?

WHITNEY: I was aware of it. Uh, it happened before I got here. _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 67 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ LICKING: Okay.

WHITNEY: Um, but yeah, I raised that issue a number of times. LICKING: Okay.

WHITNEY: Because, in fact, sitting right here on my desk is a copy of the Board of Supervisors minute entry about the, the vehicles that we were supposed to have obtained. LICKING: Okay.

WHITNEY: And we never, we got the vehicles. Uh, the vehicles were sittin’ on top of the garage and I was told to leave them alone. LICKING: Okay.

WHITNEY: Uh, but they didn’t have the manpower. This came from above me. Didn’t have the manpower to you know initiate this unit. LICKING: Okay.

WHITNEY: And that it would, it would be later on at some point that they would, um, you know staff this child abuse squad. But as much as I brought it up and as much as I mentioned it, no one ever did anything about it. LICKING: Okay, gotcha. Um, do you recall off hand who it was that you had brought that up to?

WHITNEY: Oh, my boss, Bill Knight. _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 68 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ LICKING: Okay, gotcha. And, um, obviously, he was a Chief at the time?

WHITNEY: Right. LICKING: Um, do you know if anyone if, if it was ever, if you ever brought it to anybody else’s attention or if Chief Knight had ever raised the issue after that?

WHITNEY: Well, I brought it. Well, you know what, Scott Freeman might have been in the room when we talked about it. (Volume 8 Tab 2a Page 10)

When asked if either he or anyone working for him ever submitted anything in writing up the chain of command in regards to the creation of the Abuse Unit, Captain Whitney stated that he only discussed the subject verbally.

Interview with Lt McCann#967 On April 28th, 2011 I conducted an Internal Affairs Administrative Interview with Lt Fred McCann. Lt McCann was the lieutenant of the SVU from approximately January of 2001, until approximately February of 2007. Lt McCann stated in the beginning stages of the SVU being created, the case tracking system went from an “old paper ledger system”, to eventually using the computerized “Report Management System”.

MCCANN:

(Sigh) Uh, I’m tryin’ to remember what was in place in the very early stages. Um, I believe in the very beginning it was just the old, uh, paper ledger system, ledger book system that had been used in the District Detectives as well. I think that’s what was in place in the very beginning. Uh, this is about the same time that the County was going _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 69 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ towards it’s record management system as well, uh, in the early stages of, of development of the unit as well and so we were moving into that. (Volume 8 Tab 5 Page 7)

When asked, Lt McCann explained that once RMS came online, each detective and detective supervisor, had the ability to track their own cases and and generate their own case tracking reports. This also allowed the detective supervisor to see how many cases were assigned to each detective. Lt McCann stated that he believed that there was also a “paper log” system that was also being utilized at the same time.

LICKING:

Okay. Um, did were the Detectives that were there did, did, were they required to have their own case tracking system? (Sigh) I’m tryin’ to remember how they did it. This is several years back. I know that once we were using the record management system the RMS each Detective was able to generate their own report through RMS. They were able to look at what their case load was as was the supervisor was able to look at what the case load for each Detective was. Um, could enter them then and see okay, this Detective has 25 cases. This Detective has 30 cases. Um, I believe there was some paper log as well that was being generated. (Volume 8 Tab 5 Page 8)

MCCANN:

When shown Sgt Seagraves SVU case log discrepancies per MCSO Policy, Lt McCann indicated that the newer RMS system was designed to provide all of the case tracking data, per policy, if utilized correctly. LICKING: Okay. Alright. Um, I, I guess some of the concerns that and, and we read that in the NOI but some of the concerns that were raised were you know if we look at you know Policy when we talk about you know how, what the case tracking systems you know should contain and _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 70 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ what not, um, there’s information in here at least per Policy that says you know there needs to be at least a date, the agent that’s assigned, the name and address of the victim, uh, name of the suspect if known, uh, and a due date of the final disposition as, as well as the, uh, final disposition of the case. Um, and RMS just doesn’t seem to have all of that info. I mean like they don’t really have a, a case tracking system in that, I guess, you at least when we look at what was being used at the time, um, and not that that’s you know really anybody’s fault. If that’s you know the system that you guys had at the time, um, that’s the system. But you know per Policy GJ-6-4, um, it kinda specifies at least there should be some, uh, disposition times in there as well as the kind of the, the status of each case. Um, and when we talked to them you know about that particular system and why that is, that’s obviously so as a supervisor you know that could go in at any time and just see, like you said, this is you know like see Roy Rojas has this many cases and this is the status of each case you know type thing. Uh. MCCANN: The RMS system does do that. It does tell you a status of the case and the date that the status was modified. Okay. So if the status was changed from open to cleared or, or (unintel 12:42), whatever. Okay, so it would actually show what the,… Yes. …what the case status was? Okay. And I guess when I talked to, um, Kim Seagraves about it, uh, you know maybe she just wasn’t, um, you

LICKING: MCCANN:

LICKING: MCCANN: LICKING:

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 71 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ know I guess bringing up the right screen or I guess asking for, um. (Volume 8 Tab 5 Page 9) When asked, Lt McCann stated that Sgt Seagraves had been expected to use the newer RMS system for case tracking due to the fact the use of RMS was the direction that the bureau was headed at that time. MCCANN: I know that, uh, as far as training on the RMS she was given the opportunity to attend that and I thought she had. I believe she had attended the RMS training as well. And it sounds like she did, uh, she did go to that and, um, and what not. She said that she did learn quite a bit about RMS and, and what not. Um, when I talked to her, she made it sound as if Darrell Newton basically didn’t have any type of an actual like log to, to turn over, uh, to her so that she would have any idea. Um, would it be your understanding then that really the way that she as a supervisor would have had to have been able to track that accurately was to be able to use RMS? Was that the system that that you were expecting the Sergeant of SVU to use? I would expect her to be using RMS, yes because that was the direction that we were following at that time, uh, as a Bureau. We were using RMS, uh, trying exclusively to use it. Now it was difficult, though because, um, the CID Division under Kevin Riddle wasn’t. They were still using the old Quattro probably systems and some of the old databases also. So there was kind of a, a, a mismatch of things being used within the Bureau. Within GID, though within Homicide and, and Special Crimes Section at least we were trying to use the, uh, RMS system as much as we could. Uh, I believe they were still using a paper log, like I said, similar to what Seagraves had there. (Volume 8 Tab 5 Page 15)

LICKING:

MCCANN:

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 72 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ When asked if Sgt Seagraves ever had any questions about using the newer RMS system if she could get help, Lt McCann explained that help was available both through himself as one of the RMS system “designers” as well as several RMS “trainers” assigned to GID. Lt McCann stated that he would arrange for both detectives and detective supervisors to attend RMS training so they could become proficient with the system.

LICKING:

Okay. Would it be fair to say that if she ever had any questions, she could go to you? Oh, absolutely. Uh, in fact some of the trainers on the RMS system were Detectives in GID at the time as well. Okay. So that would at least be open to her? Yeah. I was one of the, um, designers if you wanna call it that of the system as well. So I, uh, the trainers were people that I would arrange for the training as well, uh, to put on classes for new Detectives or new supervisors to make sure that they were proficient on it. (Volume 8 Tab 5 Page 16)

MCCANN:

LICKING: MCCANN:

When asked what steps were taken after finding there were issues with El Mirage P.D. reports not being linked to MCSO for tracking purposes, and sex crimes cases were not being forwarded to the SVU in a timely manner, Lt McCann provided a copy of an email from Captain Bill Knight addressed to himself and Sgt Seagraves. The email stated that Captain Knight had a discussion with Chief Freeman regarding the issue, and that it should resolve itself when MCSO began dispatching for El Mirage. When asked what steps were taken by the SVU after this response from Captain Knight, Lt McCann indicated that the SVU continued to stay in contact with both the MCSO Patrol Sergeants and MCSO Detective Sergeants assigned to El Mirage to keep _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 73 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ apprised of any sex crimes cases generated out of El Mirage.

LICKING:

Okay. Um, with, with this particular and, and the reason that that became, uh, um, a, an issue at the time was because, um, Kim Seagraves said that you know it didn’t resolve itself within a month. It actually took quite, quite a bit longer for us to start dispatching for them and so that the, the cases started to come in. Um, but with this particular email, what impression did you have that that that you all were gonna be left to do in the meantime until it got fixed? I’ll be honest with you. I don’t recall what was, what was taken, what, what steps were taken to ensure that we were getting those cases beyond, um, the contact that was being made with the, the Detective Supervisor out there and the Patrol Sergeants that were out there. Okay. Um, as I recall the, the, the system was, was kind of cumbersome because we had MCSO Deputies and El Mirage Police Officers both working in El Mirage as part of that contract. And if it was an MCSO Deputy that responded, they pulled an MCSO report number and then we would get those. If it was an El Mirage Officer that responded and took the report, we were having the difficulty in getting those. I don’t remember what (unintel 26:39). And that would be because they’d pull an El Mirage Incident number? That is correct. (Volume 8 Tab 5 Page 21)

MCCANN:

LICKING: MCCANN:

LICKING:

MCCANN:

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 74 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ When asked what he would consider to be the appropriate time frame to review and update open cases, Lt McCann stated that if a case were still open, he would expect it to be reviewed and updated at least every thirty (30) days. If a case did not have any further work to be done on it, he indicated that he would want the case cleared appropriately and the detective move on to another workable case. When asked, Lt McCann stated that he knew Sgt Harvey had been in the practice of regularly sitting down with the SVU detectives, prior to Sgt Seagraves, and having them review their cases with him for regular updates. Lt McCann stated that he remembered sharing this with Sgt Seagraves and told her that he liked the way Sgt Harvey regulary hand reviewed each case with them.

MCCANN:

The old standard for years had been every 30 days something was done on the file. Um, it would depend on what the case was and what the case loads were, too though. Uh, for that unit, uh, we’d get a number of cases in, uh, on a regular basis that were high priority, high profile cases that needed to get worked. A, a high probability of, of insolvability was actually the term. Um, the case you know is a known suspect, a known victim. Uh, we had el- all the elements we needed to do so it was matter of we need to go get a search warrant, an arrest needed to be made. This case needed to be worked as opposed to a, a he said, she said type of a case or one where there was no evidence, no physical evidence at all. And in Special Victims Unit it was difficult because I’d say half of the cases were, were made up. Somebody got caught cheating or doing something improper and so they made up a story. And then the other half of the cases were, were these high profile, high priority cases that needed to be worked and you didn’t know what you had until you worked the case. So they all had to be worked on in a timely manner. Would it be fair to say that really and that at least there, there should been something done each, every month? Would that, would that

LICKING:

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 75 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ have been the, the what you would consider the proper procedure as Lieutenant of the SVU unit? MCCANN: At, at a minimum at least looking at every case. Uh, my request would be to, to look at the case and if there’s nothing that could be done on it to clear that case. To get it off of your desk, to put it away if it, if it’s unfounded, if it’s x-cleared whatever, whatever the status is. If it can’t be worked, take it off of that pending status and get it closed. If it can be worked, do something on it. Do you know if they were being required? Was, was Darrell Newton or Don Harvey or Kim Seagraves being required to make sure that each Detective looked at each case you know once a month to do that? I don’t know what their, what their time frames were. Uh, like I said, I know that Don Harvey was bringing them in I, I wanna say quarterly. It may have been more frequently that I was aware of. But, but least it was at least quarterly if not sooner they’d be bringin’ them in, reviewin’ all their cases. Um, but when I guess at least when, when Kim well, when Darrel Newton took over or when Kim took over, you didn’t require them to do that at that point? Do you, do you recall ever giving them any direction to make sure that they continue to do that or at least, at least do it quarterly like Don Harvey was doin’? I recall, I don’t recall my conversion with Darrell Newton. I remember with Kim Seagraves I made the comment, uh, I actually illustrated how Don did that and I said that I like that. I like the fact that he’s hands on that he’s brining in the Detectives and actually hand reviewing each case with them. Um, I remember that discussion with her.

LICKING:

MCCANN:

LICKING:

MCCANN:

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 76 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ (Volume 8 Tab 5 Page 25)

When asked if this direction was given to Sgt Seagraves when she was newly assigned as the SVU Detective Sgt, Lt McCann stated “Yes”.

LICKING:

Okay. Would that have been when she was newly assigned as a Sergeant? Yes. Okay. So at least you provided that type of training and direction for her as a SUV Sergeant to make sure that she did that? Yes. (Volume 8 Tab 5 Page 27)

MCCANN: LICKING:

MCCANN:

When asked if he had brought anything else to the interview that might be useful to the investigation, Lt McCann provided an email dated July 25th, 2006 in which he had informed Sgt Seagraves of an RMS training event that was open to the SVU on August 2nd. When asked if he provided this training to her because he wanted to ensure that she was proficient in the use of RMS, Lt McCann stated “Yes I did”.

LICKING: MCCANN:

Okay. Um, your, um, did, did you happen to bring anything else? I just wanted to see if there’s anything here to that would be relerelevant to what you’re doing. Um, (pause) this would be pertaining to an RMS training class. Just one that was coming up, uh, July 25th of ’06, uh, or August 2nd so that was a memo or an email from myself to Seagraves letting her know about that.

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 77 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ LICKING: Letting her know that there was training available for her… MCCANN: LICKING: Yes. …for the RMS system? Okay, perfect. And for the record that’s just an email, um, that we’ve got and I’ll attach that to the report as well. Um, so as the Lieutenant of SVU, you at least obviously wanted, it was at least your understanding that you wanted Kim to be proficient with report management system? Yes, I did. (Volume 8 Tab 5 Page 36 / Email - Volume 40 Tab 4)

MCCANN:

Interviews with Lt Henry “Hank” Brandimarte #833 Internal Affairs Administrative Interviews were conducted with Lt Brandimarte by Lt Tucker on June 5th, 2008, and by Sgt Licking on May 4th, 2011. In those interviews Lt Brandimarte stated that he was the SVU commander for from approximately February of 2007 until December 3rd, 2007. Lt Brandimarte stated that Sgt Seagraves was the Detective Sergeant for the SVU when he took over as SVU lieutenant. Lt Brandimarte stated that at the end of the contract with El Mirage, on around October 13th, 2007 several SVU cases were to be turned back over to El Mirage P.D. Of those cases returned to El Mirage P.D., Lt Brandimarte said he was led to believe that only one of the cases turned over had not been worked. The reason he was given, by Sgt Seagraves, was due to the fact that the SVU had never officially been assigned the case and therefore did not know it existed. It was approximately a month after the cases had been handed back, that Lt Brandimarte learned that there were issues with (1) some SVU detectives not keeping their case logs up to date, (2) some of the detectives did not even keep a case log at all, and (3) that Chief Frazier from El Mirage P.D. complained that many of the SVU cases turned back over to them had little or no work done to them. _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 78 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ TUCKER: Okay. And, uh, was there case tracking done by the Sergeant or the investigators themselves, do you know?

BRANDIMARTE: Well, what I learned, uh, kinda after this came to an issue once it actually got to my attention and, and I realized there was an issue that needed to be addressed, uh, what I learned was, um, Detectives case logs were not up to date. Uh, one, one Detective possibly two didn’t even maintain a case log. Uh, I know that Sergeant Seagraves maintained a case assignment log book and I took it on its face that that was, that was what she was using to track, uh, case assignments, clearances, uh, timely, time and closure of the cases as well as she was, um, intimately more familiar with the RMS system than I was. (Pause) TUCKER: Okay. And how did it come to your attention this issue?

BRANDIMARTE: Um, after, after we had turned over the case files, after we had turned over the case files, um, Chief Frazier at El Mirage had sent an email to Chief Freeman, um, and I, I was looking to see if I still had that email and I’m, I don’t see it here, um, but it said something like, uh, the title was, uh, missing court or something like that. And it basically had a paragraph that basically, uh, told Chief Freeman hey, just to let you know, you have some Deputies that aren’t showin’ up for their court appearances here and El Mirage is you know. Is there anything you can do? And then there was a second paragraph that said something along to the effect of, by the way, when we had met with your Commander, meaning Captain Whitney concerning case turnover, we were, we were given the impression that there were just a handful of cases that either needed to have suspect interview or were on the verge of being closed out _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 79 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ where just you know dot the I’s and cross the t’s kinda thing. Um, and after we got those cases turned over to us, my investigators went through and it turns out there is a vast majority of the cases that were never touched or not had any work done on them. And, and then there was a little statement about I know this, this is something that you’re probably not aware of but I know that you wouldn’t want this occurring under your watch that kinda thing. And he was basically, I got the impression he was kinda puttin’ Chief Freeman like hey, you probably didn’t know about this but this is what we found. It was a little different than, than the meeting we had two weeks earlier where we were given the impression oh, it’s, everything’s almost done. Just dot a few, few I’s and cross some t’s and that’s not what we find in, in the case files actually. (Volume 8 Tab 3 Page 7)

Lt Brandimarte explained that after hearing there were problems with the cases turned over to El Mirage, because Sgt Seagraves was working off-duty that day at PIR, he sat down with SVU Administrative Assistant Margie Chavez, who audited those SVU cases shown in RMS against what was in Sergeant Seagrave’s case log. Lt Brandimarte said that Margie Chavez found approximately twenty seven (27) cases that still were shown in RMS as “open”. Thirteen (13) of those cases that still remained “open” dated back to July, August, September, and November of 2006. Lt Brandimarte stated that the vast majority of those thirteen (13) cases they found originally came from El Mirage P.D. when the SVU took over the El Mirage cases in July of 2006.

BRANDIMARTE: After we did the audit, we came up with this list of and you can see 27 open cases is broken down by who had the most open cases that kinda thing. And what it showed was there was a vast majority of cases from 2006 starting from July of 2006 _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 80 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ when we took over the El Mirage contract, and also the same time she transferred into El Mir- or transferred in and I transferred in. But she went directly to SVU and there were 13 cases, I think it’s 13 cases. It shows 14 but we, we think that’s a District IV case. So there’s 13 cases that still show open from July, August, September and November of 2006. (Volume 8 Tab 3 Page 10)

After realizing the SVU had an issue with cases not being worked and left “open”, Lt Brandimarte said he sat down with the SVU detectives (without Sgt Seagraves because she was still working off-duty that day), and asked the detectives why many of the cases had not been worked. Lt Brandimarte stated that Detective Jim Weege “…specifically said, because those were all crap when we got them.” Lt Brandimarte said he explained to the SVU detectives that they still should have tried to “…fix them as best we could.” Because of the problems he found with the detective’s case logs, he then explained that, effective immediately, he would personally review every SVU detective’s case log, the first Monday of every month.

BRANDIMARTE: At this point it was a month, a month afterwards and when I got this list that’s, that’s when I called Chief Freeman and said well, I think we’ve got a little problem. And I haven’t been able, I have not reviewed any of these open cases to fine out what it was. What I did do was after I, after I realized you know we have Detective, uh, Jim Weege had nine open cases and Rojas has six and Felbab has seven. What I did was I got the whole group together or actually, um, no, I got the whole group together in the break room and as a unit and Sergeant Seagraves was off duty workin’ at PIR. I sat down and I showed them this information. Um, I was immediately met _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 81 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ with resistance, futility, aggravation, crossed arms, the eye rollin’ and I said, well, this is a problem. I had led to believe we only had one case. There’s all these cases. You guys were here before I got here. Why were these cases not worked? And Jim Weege specifically said, because those cases were all crap when we got them. And I said that doesn’t mean we shouldn’t have worked them. I said you guys put those on the back burner and didn’t do anything with them because you thought they were (unintel 18:01) and we should have tried to fix them as best we could. Um, I that’s when I found out in the same meeting who keeps a case log book. Who didn’t know they didn’t have these cases, who you know, so there were some issues that that came out of that meeting, um, specifically, we got (unintel 18:19) cases and we don’t keep case assignment log books and they’re not up to date. So I told them I wanted to review everybody’s case log book on December 3rd, which was the first Monday of December. And I told them effective immediately every Monevery first Monday of the month I’m gonna personally review case log books. Um, that was not, that did not make me a popular person with, with the Detectives over there because there was just a lot of grumbling. And subsequently, I found out as soon as they left the meeting, they called Sergeant Seagraves to kinda complain that he’s doin’ this and he’s doin’ that and he’s doin’ this. Um, when she came back to work, she and I had a meeting about how this all happened. (Volume 8 Tab 3 Page 13)

When asked if it was correct to say that there were cases that Margie Chavez _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 82 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ found still “open” in RMS that SVU detectives were not even aware existed, Lt Brandimarte explained that in their defense, the SVU detectives were “extremely busy”, and that collectively there appeared to be a decision to work the current SVU cases instead of the “crap cases because it’s gonna take too much time to fix them…” Lt Brandimarte further stated that “There is far more work to do than there are people to do it.” Within the time frame he was the commander of the SVU, Lt Brandimarte stated that there were also “high profile” cases that took up “a lot of their time”.

BRANDIMARTE: (Sigh) That wouldn’t be accurate. What I would say is what I learned was they were aware they had these open cases or at least one of them was aware that he had open cases and his excuse was, they were (unintel 19:53) and we had more important things to do, other cases. You know what I can say in their defense is they are extremely busy. There is far more work to do than there are people to do it. Um, it would seem to me that collectively there was a conscious decision not to work the crap cases because it’s just gonna take too much time to fix them and let’s focus on our current stuff. And we did have a couple high profile things pop up in the, in the six months or seven months that I was there, um, that took a lot of their time to do that kinda thing. (Volume 8 Tab 3 Page 15) Lt Brandimarte attended a meeting with Captain Whitney, Chief Knight, and Chief Freeman and discussed the problems found with the El Mirage cases. He suggested that possibly the best course of action at that time was to take those El Mirage sex crimes cases back from El Mirage P.D. so MCSO could complete the investigations on them. When asked, Police Chief Frazier declined the offer and decided that El Mirage P.D. would keep the cases. Some time after that meeting, around November 20th, 2006, Chief Knight _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 83 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ contacted Lt Brandimarte and instructed him to complete an administrative inquiry into the matter. BRANDIMARTE: Um, when I sat down with Whitney, uh, Chief Knight and Chief Freeman that was my suggestion was to take that back and that and the consensus after meeting with them was that’s probably the best course of action. So, Chief Freeman asked Captain Whitney to contact Chief Frazier over at El Mirage and ask him if he would be inclined to return those cases, uh, we didn’t. He said we’ll just take them. Um, but that was, that to me that was the easiest course of action. Subsequent to that decision, I got a call from Chief Knight at which point I was instructed to begin an admin inquiry. So officially, the admin inquiry came, I wanna say it was sometime, sometime around November 20th and I don’t have the exact day when I got that phone call. But I would assume that the reason I sent that email was because I had been instructed to do the admin inquiry. (Volume 8 Tab 3 Page 20)

When Lt Brandimarte later informed Sgt Seagraves of the administrative inquiry and told her he would be conducting it, Sgt Seagraves told him that she did not know why he was tasked with the inquiry, because she felt he was part of the problem. Lt Brandimarte said that although he believed that the overall responsibility for what happened in the SVU was his responsibility, the day to day case assignments, case tracking, and responsibility for ensuring cases got cleared in a timely manner rested with Sgt Seagraves. Lt Brandimarte stated that he felt that the problems noted with the SVU were a “training issue” and “completely correctable”. He further explained that he felt that it was a matter of detectives not being aware of how “case management works”. Lt Brandimarte stated that he told Sgt Seagraves that a “two or four hour block on case management” training could keep fix the issue and keep it from being a problem in the future. _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 84 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ BRANDIMARTE: Um, I had had a meeting with Sergeant Seagraves to let her know I’ve been asked to do an admin inquiry, uh, which didn’t seem to sit well with her. Uh, and in that meeting, she, she asked me specifically, well why are you doing the admin inquiry? I said, because that’s who they asked to do it and as a Commander of the unit that’s probably part of my responsibility. Her response was, well, I don’t understand. Aren’t you part of the problem? Which kinda rubbed me the wrong way because I thought well, if you’re asking me as a Commander of the unit do I have ultimate responsibility for what happens under my watch? Yes. But if you’re asking me, am I, am I responsible for the day to day case assignments and case tracking and making sure cases get cleared in a timely manner? No, that’s not my responsibility; that, frankly, is your responsibility as a Detective Sergeant. Um, that did not go over well with her and we had, I don’t remember the exact wording, but I remember she got a little, a little huffy and I remember looking at her and telling her, you know what, obviously, I didn’t want this to turn into, uh, an adversarial issue with you. I think deep down that this is a training issue and this is something that’s completely correctable. And it’s not a disciplinary issue in the sense that anyone needs to get eaten alive or it and that’s certainly not my intent and that’s not the direction I wanna go. I think this is strictly a matter of people aren’t familiar with how case management works. They don’t know how to keep their case loads, and if we put on a two or four hour block on, on case management which is something you should get in Detective school but I don’t even know what they teach there anymore, um, we could prevent this from. We can’t unring the bell now that it’s been rung, but we could fix it from this point forward. And that was strictly my intent in _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 85 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ talking to her. (Volume 8 Tab 3 Page 20)

Lt Brandimarte said that Sgt Seagraves became upset because he was going to be conducting the administrative inquiry. After he explained to her that at least he understood how much work the SVU had been doing, and that it could be either he, or Internal Affairs personnel conducting the inquiry, she calmed down. Lt Brandimarte then explained to her that the following Monday, November 26th, he would start the SVU administrative inquiry interviews. Another issue was raised in which memos were written on November 25th and 26th, after which Lt Brandimarte was told by Capt Whitney that he was being removed from conducting the administrative inquiry into SVU and it would be conducted by Capt Whitney instead. Lt Brandimarte was the told he was being transferred from the SVU on November 28th, effective the following Monday. BRANDIMARTE: That’s a personal, that’s a personal thing. Um, and I was trying to make her, I was trying to calm her down by saying would you rather? I, I think it’s better if I do it ‘cause at least I’m understanding and appreciative. I’ve been here. I understand how much work you’ve been doin’. I’m not the uninterested party who could care less. I have a vested interest in protecting my people. And, and I said but if you wanna make this an adversarial relationship, I would imagine that’s the way we’ll have to go. And I stood up and started to walk out of her office at which point she completely calmed down and said, no, no, no, no, please sit down. So we sat down, we had more of a conversation about what I needed them to do by Monday by next week, starting Monday which was November 26th. That was the day I was gonna start doin’ interviews regarding the admin, uh, investigation. Now subsequently, ironically, this second issue the memo was _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 86 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ written. One memo was written November 25th, which was a Sunday; and the, the other memo was written November 26th. Is it coincidental timing? I don’t know. That’s not for me decide. Um. TUCKER: Okay. So then the other issue develops and, and, and you’re, uh, removed from the admin inquiry issue?

BRANDIMARTE: Correct. When I came in that Monday morning, I was informed by Captain Whitney that Chief Knight had informed him that Captain Whitney was now gonna be doin’ the admin inquiry. Didn’t go into a big explanation. I gave him the copies of those, those documents and some other things. Um, I wanna say I provided him a copy with the child abuse protocol and gave it to him and I didn’t think anything of it. Tuesday, Monday, Tuesday and Monday and Tuesday were the only days I came to work. I had a couple of days off, um, because I had somethin’ planned with my son and his school, an overnight trip at the end of the week. So I took Wednesday off. Wednesday was the day, November 28th was the day Captain Whitney called me and said that I had been transferred to, uh, Homeland Security effective Monday, which completely caught me off guard and I had you know he, he didn’t go into a lotta explanation and then later that day is when Sergeant Luth called me and, and informed me that there was a secondary issue being looked at. (Volume 8 Tab 3 Page 22)

When asked if he ever had the opportunity to review the SVU detectives case logs, Lt Brandimarte said “No”, but further explained that at that time he was giving them time to ensure they were up to date. Lt Brandimarte stated that now that he was aware that a problem existed, he was attempting to not only correct it , but also keep it from occurring _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 87 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ again in the future.

TUCKER:

Okay. Alright. Uh, did you ever have a chance to actually look at individual Detective books, case log books?

BRANDIMARTE: No. No, I gave them until December 3rd which was the first Monday of the month to get them in order because I was tryin’ to be fair and I wanted to give them an opportunity to correct any inconsistencies or, um, fill in the blanks or get them up to date and, and basically, audit their files and make sure everything was accurate. ‘Cause my, my, like I said earlier, my thing was there, there was a problem. From this point forward, we can make sure the problem doesn’t occur any more while at the same time, try to resolve what caused the problem in the first place. (Volume 8 Tab 3 Page 23) When asked if Sgt Seagraves had been reviewing the SVU detective’s case logs, Lt Brandimarte said that when he talked to her about the issue, she wasn’t even aware of the fact that at least two of the SVU detectives, Mike Brooks being one of them, didn’t even have case logs. Lt Brandimarte said that had she been reviewing them monthly like she was required to do, she would have known that. At the time of this conversation, Lt Brandimarte said that Mike Brooks had been assigned to the SVU for four (4) months. BRANDIMARTE: My, my, my impression was she wasn’t physically reviewing their case log books every month. Had she, had she done that. I, I did have a meeting with her in which I talked about, did you know they didn’t have any case log books? Who doesn’t? And her response, who doesn’t have a case log book? And I gave her Mike Brooks and I forget who the second person was and kinda looked at me with a blank stare. And she, she didn’t _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 88 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ have a response. And I said that, that demonstrates to me that you weren’t reviewin’ case log books ‘cause you didn’t even know. And I mean Mike Brooks had been there four months. And if you were reviewing them monthly, which you’re required to do, you would know that they didn’t have a log book. (Volume 8 Tab 3 Page 24)

Lt Brandimarte explained that from this conversation with Sgt Seagraves, he learned that she believed that as detectives, they never closed cases by inactivating them or exceptionally clearing them, and that they were to remain “open”. This struck Lt Brandimarte as “funny”, which made him believe that this was a training issue with Sgt Seagraves. Lt Brandimarte told her that per policy, they could inactivate or suspend a case if they reached a “dead end”, but could always re-open it if they received a “tip” at a later date.

BRANDIMARTE: Now one of the issues with not clearing cases, and I got this directly from Sergeant Seagraves in that same meeting where I was informing her this is what I found out and this is why we’re doin’ an admin inquiry. She is under the impression that we do not clear cases. We don’t inactivate them. We don’t x clear them. We don’t do anything. All cases, in her opinion, remained open which struck me as funny. And that’s what made me start thinkin’ okay, I think this is a training issue because if she was truly under the impression that all of the cases, we just don’t inactivate cases. But and I told her I said, well, it says very clearly in Policy that one of the clearances is inactive or suspended status, um, and that’s for those cases where we’ve reached a dead end or we can’t locate a potential victim or you know whatever, whatever the information is, we’ve reached a dead end for now. Doesn’t mean we don’t get _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 89 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ a tip six months from now and we follow up and reopen that case. It just means we suspend that case investigation and we remove it from our open case load, which should have occurred in this case. And that would have prevented a lot of these problems. (Volume 8 Tab 3 Page 25)

Lt Brandimarte said that because she came from a “Homicide” investigating background and they would leave cases open until solved, he believed that this was Sgt Seagraves line of thinking regarding case clearance. Lt Brandimarte stated that it was his opinion that the “inexperience on her part and the fact that she wasn’t reviewin’ case, case loads on a regular basis”, led to the issues with the SVU.

BRANDIMARTE: Now the only person and, and what she said was, no, she and she told me she learned from Doug Beatty that we don’t close any cases. Now, I thought that was an unusual statement and at this point, I wasn’t doin’ an admin investigation so I was discussin’ it with (pause) I wanna say Lieutenant Palmer and Rick Morris. Well, this is what she told me. And one of them, and I wanna say it was Rick Morris said, she’s probably thinking Homicide cases. I know Kim’s career was as a Homicide investigator and that made quite a bit of sense to me that if her case management experience consisted solely of managing Homicide cases and the general rule of thumb is and, and I’ve since confirmed that they do not close Homicide cases. They’re open cases till they’re resolved. That would cause the confusion as to whether or not there was a case suspension that that was appropriate on, on these cases. So the inexperience on her part and the fact that she wasn’t reviewin’ case, case loads on a regular basis is my opinion led to this. (Volume 8 Tab 3 Page 25) _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 90 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ Lt Brandimarte explained that prior to the SVU issues being raised with El Mirage, he made the assumption, based on what experience he knew Sgt Seagraves had in the past as a homicide detective that she understood case tracking procedures.

BRANDIMARTE: Um, so I guess, uh, there was no, no requirement in place to do a monthly recap, um, at least not on my part and there was no directive by Captain Whitney to, to do that. Um, being an experienced former Homicide investigator I, I just made the assumption that she knew that that’s what needed to be done until it actually came to light you know. So I thought and based on her length of experience in GID, um, it just never occurred to me that she wasn’t handling it appropriate based on her experience as a Detective. LICKING: And what you knew about her experience?

BRANDIMARTE: And, and what I knew about her experience as a Detective. Only when I started to look into this issue in October is when I realized how badly, uh, when I realized how much she didn’t know so. (Volume 8 Tab 4 Page 12)

When asked what his perception of how Sgt Seagraves had been handling SVU cases to that point, Lt Brandimarte stated that they talked on a regular basis. When he asked Sgt Seagraves how the detectives were doing with their case loads, if there was anything needed work, if they were falling behind, or if they were keeping up, Lt Brandimarte said Sgt Seagraves indicated that there were no problems and that none of the SVU detectives were failing to keep up with their work. On a regular basis, Lt Brandimarte said he received verbal SVU case updates from Sgt Seagraves. _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 91 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ BRANDIMARTE: We, we talked on a regular basis about, uh, cases, how the guys are doing with their case loads, uh, if there’s anything that needed work, uh, were you falling behind, were we keeping up? We had a lot of those conversations in her office and at no time was I given any indication that there were any problems or no one was not keeping up on their work. I just physically did not see any monthly recap. LICKING: Okay, alright.

BRANDIMARTE: So but I, I had been led to believe verbally that. LICKING: Okay, so even though you didn’t get somethin’ in writing, at least verbally you had communicated with her and that you had received some type of a, an update at least verbally about the case loads?

BRANDIMARTE: Yes.

(Volume 8 Tab 4 Page 13) When asked if the addition of the extra work from the El Mirage sex crimes cases posed issues for Sgt Seagraves, Lt Brandimarte said “…that was a complaint voiced by the detectives….That they took over all these extra cases and didn’t get any extra bodies and that was a common theme the whole time.”

BRANDIMARTE: Uh, that was a common complaint voiced by the Detectives. LICKING: Okay.

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 92 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ BRANDIMARTE: That they took over all these extra cases and didn’t get any extra bodies and that was a common theme the whole time. (Volume 8 Tab 4 Page 14)

Lt Brandimarte stated that he talked with Sgt Seagraves and the SVU detectives and explained to them that the SVU was not the only unit to have an addition to their case load without the addition of more bodies. Lt Brandimarte indicated that although it would have been nice to receive more manpower, he didn’t feel that the additional work posed cumbersome issues to the SVU any more so than it did to any other GID unit that had to respond to El Mirage.

BRANDIMARTE: And in my conversations with, uh, the Sergeant as well as the Detectives, we had covered this topic and I tried to explain to them this is not the only unit that has taken on additional burden without additional manpower. LICKING: Um hum.

BRANDIMARTE: But I, I, I mean on average I didn’t think it was burdening us. It seemed to me there was anywhere from five to eight cases a month additional, uh, and that’s just a guesstimate,… LICKING: Okay.

BRANDIMARTE: …uh, so I didn’t, I didn’t feel it was. Would it have been nice to have two extra bodies? Of course, it would but I didn’t think it was cumbersome to the point that it was any more of an additional burden than it was say beyond Homicide or, or, um, any of the other units down there that that had to respond to El Mirage. _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 93 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ (Volume 8 Tab 4 Page 15)

After reviewing several cases in which the SVU audit showed that Sgt Seagraves had cleared with investigative work still needing to be done, when asked if that would have been the proper way to clear those cases, Lt Brandimarte stated “Not in my experience, no.”

LICKING:

(Chuckle) So and again, I don’t wanna put any words in your mouth but would this be considered a proper way to clear a case if, if, if obviously there were things that were lacking and yet she’s still signed off the clearance?

BRANDIMARTE: Not in my experience, no. (Volume 8 Tab 4 Page 36)

When asked if he ever had any indications that SVU cases were either not being worked or worked inappropriately, Lt Brandimarte stated “I had no idea based on my verbal conversations with her and the work that I saw her doing.”

LICKING:

Okay. And as you can see, I mean I’ve got just list after list of, um, I mean it just shows a trend that this is how many of the cases in the SVU were being handled. Um, were you aware of that that a lot of those cases were either not getting worked or and, and not being worked appropriately like, like supplements being turned in, evidence being turned in? Was that anything that ever surfaced?

BRANDIMARTE: I, I had no idea based on my verbal conversations with her and _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 94 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ the work that I saw her doing. LICKING: Okay. Um, at at any time did, did it ever become? Was there, was there any flags that were raised that led you as the Lieutenant to think hey, maybe I need to look at what she’s doing or what she’s signing off or just to kind of be kind of a second check and balance for any of that?

BRANDIMARTE: The only thing she ever, uh, encouraged me to look at were the sex notification files, ‘cause those were coming in every day. And I signed some of those based on what I was told how they should look, what, what files needed to be done. Um, but not the Detectives case load itself, ‘cause to me it seemed rudimentary that that it appeared to me that it was getting done based on the one hand notes that she saw and what I saw on the computer. (Volume 8 Tab 4 Page 41)

After explaining that Lt Seagraves had explained that she received directions from him to clear all cases older than a certain period, and asking Lt Brandimarte if that was what he told her he said, “Absolutely not.”

LICKING:

Okay. Um, and you brought this up. Um, that particular, I guess, weekend that she had asked for time off. She, basically, she had a, uh, copy of the email here and I’ll show it to you. That she had asked for time off, um, and that would have been November the 6th through the 13 is when she was asking for time off to, to work PIR of ’07. Um, and she said it was that particular weekend and you can see the note that she wrote there that she ends up havin’ a conversation with you, um, and that basically. And, and I had a chance to

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 95 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ talk with Craig Lewis as well, ‘cause I guess he was actually working out there with her at PIR and they had a discussion after she got off the phone with you. Um, and she was very concerned that at least the communication that she got from, from you at least how she understood it was that, uh, that they were supposed to go through and inactive or at least clear cases, uh, is how she put it, um, that were over a certain time length you know old is. BRANDIMARTE: Absolutely not. (Volume 8 Tab 4 Page 47)

Lt Brandimarte again explained that he tried to make Sgt Seagraves understand the importance of inactivating cases which could no longer be worked further after documenting the detective’s efforts, but she continued to believe that they “…never inactivate a case.”

BRANDIMARTE: We had talked about, uh, why cases weren’t inactivated and when I said well, some of these. Uh, she goes well, some of them there’s nothin’ to do. I said well, if you documented there’s nothin’ to do, suspect’s gone, no longer a threat to the victim, there’s questions about the victim’s credibility based on their interview with Chi-, whatever the issue was once you worked it to that point and this is clearly in Policy that you can inactivate a case or suspend a case and move on to the next one. I said why? You know these guys have case loads that you’re saying are too much. Why were they not done? And she looks at me and says, we never inactivate a case. We do it all the time in District Detectives. I, I mean you, you assess, you triage, uh, what cases have the highest probability of solsolvability and you assign those cases. Under a certain _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 96 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ threshold, uh, the Detective Supervisor has the authority to inactive cases that’s why you review a case. Some cases don’t get assigned. Some cases go back to patrol. Some cases just there’s nothing else to do. I’ve read it. There’s nothing else to follow up on. That’s what you’re supposed to be doing when you reviewing these cases. And she goes, uh, no, we don’t, we don’t do that. And I said, who told you we don’t inactivate cases? She said Doug Beatty. And when she said Doug Beatty that’s when I realized holy crap, all this time I assumed she knew what she was doing with this was, was, was a fallacy because her experience is in Homicide that you don’t inactivate cases. So I made a comment to her and I said well, it’s, it’s clear to me that we need a class on case management and case tracking. The Detectives don’t have case logs. Uh, you don’t know that you can inactivate a case based on solvability factors. So and I, and I made the comment to her we need to, we need to put this class on right away so we’re back all on the same page and you know you can’t unring the bell once it’s been wrung but from this point forward, this is what you do. (Volume 8 Tab 4 Page 48)

After reviewing several photographs of evidence found in the SVU detective’s offices during the SVU audit, I asked Lt Brandimarte if he was aware that SVU detectives were improperly storing evidence in their offices. Lt Brandimarte stated “Not at all.” Lt Brandimarte further explained that on the occasion he asked about various video tapes or CD’s, he was told that they were “working copies”.

LICKING:

…with DR. There’s actual property bags, evidence bags

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 97 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ and that type of thing. Um, and again, a lot of, a lot of the pieces that they have there were actually marked original, um, and what not. Were, were you aware of the fact that the Detectives were storing or improperly storing a lot of evidence in their offices? BRANDIMARTE: Not at all. LICKING: Okay. Did, did you ever see any of the evidence?

BRANDIMARTE: I, I you know when you walk into their offices, they the three of them kept cluttered offices. Uh, the only thing I remember was I had asked on one occasion about some video tapes or and, uh, CD’s and I was told that they were working copies. (Volume 8 Tab 4 Page 59)

When asked if the first time he received any direction from Capt Whitney to review cases on a regular basis, was after the issues were raised by El Mirage, Lt Brandimarte stated “To my knowledge, absolutely.” LICKING: Did, did you and maybe that would be a question to ask, too. Did you ever receive any direction from Captain Whitney as to whether or not he wanted you to do this on a regular basis and actually physically look at their cases or just?

BRANDIMARTE: When it all became the issue. LICKING: So that was the first time you ever got any direction to actually do it physically and look at what they had?

BRANDIMARTE: To my knowledge, absolutely. _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 98 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ (Volume 8 Tab 4 Page 67)

When asked if he felt he violated MCSO Policy CP-2.29.B.3 (Code of ConductIncompetence/Failure to Meet Standards – Failure to conform to work standards established for the employee’s rank or position), based on his management style of the SVU, Lt Brandimarte stated “Based on my knowledge and experience at the time, I don’t; however, in retrospect and the things I’ve learned as I gained more experience, I can see where yes, that wouldn’t have been acceptable. “

LICKING:

Okay, uh, basically that Policy, um, pretty much defines this particular Policy and this is, uh, CP-2.29.B3. Um, and if, if you’ll just kinda, kinda read that there, um, yeah, obviously, with that such a brass Policy to begin with. Um, nobody even ever likes the wording of that. I’m just gonna ask you basically based on, uh, the, the GB Policy, do you feel that as a Lieutenant, um, that you violated that Policy with your supervisory style back when you, um, supervised the SVU?

BRANDIMARTE: (Sigh) (Pause) Based on my knowledge and experience at the time, I don’t; however, in retrospect and the things I’ve learned as I gained more experience, I can see where yes, that wouldn’t have been acceptable. (Volume 8 Tab 4 Page 76)

Interviews with Lt Suzanne “Kim” Seagraves #1018

Internal Affairs Administrative interviews were conducted with Lt Kim Seagraves _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 99 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ by Lt Tucker on June 23rd, 2008, and by Sgt Brad Licking on April 19th, 2011 and June 13th, 2011. In the interviews Lt Seagraves stated that she was the Detective Sergeant of the SVU from approximately June of 2006 until approximately February of 2008. Lt Fred McCann was her lieutenant from June of 2006 until approximately July of 2007, when Lt Hank Brandimarte took his place. Captain Bill Knight was the captain over the SVU when she first arrived at the SVU, and was replaced by Captain Steve Whitney in approximately February of 2007. Lt Seagraves said that although the contract between MCSO and El Mirage was still in effect with she transferred to the SVU, they had not started receiving sex crimes from them at that time. Because the SVU was her first assignment as a sergeant where she was supervising employees, and she was new to sex crimes, she attempted to find out from the previous SVU sergeant, Darrell Newton, how he operated. Lt Seagraves stated that when asked, Darrell Newton simply stated that as cases came into the SVU, he would keep track of who he assigned them to in “his head”.

SEAGRAVES:

So I didn’t know what the procedure was in place prior to me getting there, so I contacted Darrell Newton. At that time he had taken my spot in IA, so I asked Darrell how, when these case come because when I got there, they were stuffed in my mail box. Cases from different divisions all over and I wasn’t sure what rhyme or reason they were assigned and how they were assigned. So if I had some sort of, um, you know packet of information or if he had a book goin’, I certainly wanted to keep the continuity up. He told me he didn’t have a book. Um, he told me that he just assigns them from his head. He remembers who he assigned them to and well, obviously, some cases are more complex than others. They require you know the use of the protocol which you know we’re on time frames you know getting interviews done, time management of the evidence that needs to be collected within 72 hours. So how does he remember who? There were, there were seven

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 100 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ detectives. How do you remember who you gave the last one to? Um, he had no rhyme or reason. (Volume 8 Tab 6 Page 6)

When she asked the detectives in the SVU how they were assigned cases, most everyone told her that they came from Administrative Assistant Cheryl Johnson. Because of this Lt Seagraves stated that she told Cheryl not to assign cases any further when they came to the unit and instead give them to her to read and assign. Lt Seagraves said that because she was not able to find any case tracking system at the time of her arrival, she devised a manual log book which she used to document sex crimes cases as they came in, to show who each was assigned to. From the beginning, Lt Seagraves said that she received direction from Capt Knight on how to prioritize cases as they came in, per policy. Those cases in which the victim was still in contact with the suspect, or had workable leads got first priority over cases which the victim did not appear to be in danger, or cases that lacked workable leads. Lt Seagraves stated that the number of cases assigned to each detective also varied on the type of case. She indicated that two cases involving an “old disclosure” might equal one “hot and heavy” case. Lt Seagraves said she enrolled in an RMS (Report Management System) class in order to learn how to look up cases on the computer. Before she got to the SVU, she indicated that cases often might be cleared either by the detectives themselves or given to Margie or Cheryl for clearance. When she realized this, Lt Seagraves indicated that she created a “base operation” for this so that there was a “single clearing house” for all cases getting cleared.

SEAGRAVES:

So that’s how I managed, how I did you know the, the case balancing. Um, and then I, I did not know how to use RMS because that wasn’t something that I had ever used before. So I enrolled in a class to learn how to do RMS so that way, um, I would have the ability to, um, to look to see, um, if the case

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MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ had been cleared or if I’d get a call I can you know query it up through RMS. And the majority of the time, the clearance sheets before I got there, instead of the Sergeant reviewing them, he may have signed them, I can’t speak for that. But they were given directly to Margie or they were given to Cheryl or in some cases detectives would clear them on their own. So there was no one single clearing house for the way that they were cleared, okay? So I kinda had to recreate I, I had, and in one way it was good because I got to do it and learn exactly how it went, but there was no, um, base operation in place when I got there. So that was one thing I, I did. (Volume 8 Tab 6 Page 9)

Lt Seagraves stated that it was shortly after the SVU started taking cases from El Mirage, that she realized that a problem existed. She stated that often sex crimes would be reported to El Mirage P.D. and would not have been linked to MCSO. Because there was no link to MCSO, many sex crimes reports were not being assigned to the SVU for follow-up. The only way the SVU would find out about these reports, was if either Child Protective Services (CPS), or victim’s families would call and ask for an update regarding their cases. When this occurred Lt Seagraves said that she had to take down the El Mirage P.D. report number and track the original report down in order to assign it to an SVU detective for follow-up. Lt Seagraves stated another of the problems that added to this issue was the fact that RMS was not always “accurate”.

SEAGRAVES:

Um, what I found out was that early on, and there was a, a big block of time, but I don’t remember I mean it was like months that this situation would be a common occurrence. That I’d have to try to track down their report. And then I would call

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MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ Records but Records wouldn’t have anything for it, because it was an El Mirage DR number. So there was no corresponding MCSO DR to link the two together. So I would have to call El Mirage and see, do you have this Police Report? Um, yes, no, not written, um, I don’t have it. I have to track down whoever took it and wait until they faxed it over to me. So that is why I, um, made, may I refer? (Volume 8 Tab 6 Page 12)

When asked if she identified the problem, Lt Seagraves said that she had. In an attempt to fix the problem she wrote a memo up her chain of command to Lt Fred McCann, stating not only the problem, but recommending that a possible fix would be for El Mirage P.D. Officers to be required to contact MCSO Dispatch and have an MCSO reference departmental report number assigned as well as their own, so the cases could be tracked. The memo was later received and forwarded up the chain by both Lt McCann and Capt Knight to Chief Freeman. Lt Seagraves said that she later received the memo back with a note from Chief Freeman stating “This will resolve itself in a month. Meantime, Kim will have to make efforts to deal with this in house.” Lt Seagraves provided the memo to Lt Tucker during the interview. Lt Seagraves indicated that until the situation resolved itself, several months later, she continued to stay in contact with MCSO personnel assigned to El Mirage in an attempt to keep apprised of sex crimes cases as they were reported. She also asked patrol units to fax a copy of the reports when they would call her about questions. SEAGRAVES: This is what came to me as a sticky note from, uh, Chief Freeman. This will resolve itself in a month; meantime, Kim will have to make efforts to deal with this in-house. So, um, this did not resolve itself in a month. It was many, many more months after that; however, I still you know, um, was trying to work with Brackman and work with the patrol people when _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 103 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ they would call me, um, for questions. Make sure that you send a report to me, fax it to me. And that did alleviate it; however, there were still a big pool that didn’t come back to me until later, okay? So I did try to fix something to make it and make my supervisor aware. And Fred McCann certainly he acknowledged that and he knew that that was an issue but that’s, um, kinda how it was in the beginning. (Volume 8 Tab 6 Page 13 / Memo found in Volume 40 Tab 3)

Lt Seagraves indicated that when the contract with El Mirage was about to end, near October 1st, she was verbally told by Lt Brandimarte to stop assigning cases and work on and clear what cases they had that would be turned back over to El Mirage P.D. Lt Seagraves stated that the assignement of “call out cases”, however, did not stop at this time.

SEAGRAVES:

And, um, the, the what’s really important here was that around this time frame, the Captain was meeting with the counterpart, his counterpart with El Mirage. And he had asked Hank, um, and I’m br- I’m telling you this, although it kind of meshes into the other investigation, but I’m only telling you this because I really think it plays a part in what comes later. So the Captain had asked for each case to be summarized and all the steps are done. And this part about being on hold for the past two weeks, I wanted you to know that I wasn’t holding cases that met the level of callouts or the priority, like I mentioned about the evidence. He told me to stop assigning cases. Hank Brandimarte told me to stop assigning cases and to work on and close what we already had, okay? So when you see that and that’s the reason I say, say this in there.

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 104 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ TUCKER: Okay, let’s go over that real quick. That instruction from Lieutenant Brandimarte to you, Lieutenant Brandimarte’s your direct supervisor at the time. He’s telling you to hold cases from what date? Do you have any idea at what point? SEAGRAVES: TUCKER: Around October 1st. Okay, from October 1st when he first tells you we’re preparing to transition back to El Mirage as control, he tells you to stop assigning investigations? Stop, stop assigning cases. This doesn’t mean callout cases. Now I wanna make sure it doesn’t mean like if I’ve got physical evidence or a little girl that’s got an injury or an adult that’s got an injury. Those cases were still done. As a matter of fact, we still had them like two days before we turned over El Mirage. Okay, let’s, let’s go over that instruction a little bit… Okay. …so there is so that’s clear. Um, was that instruction to you in writing or verbally? It was verbally. It was to me. And, and I know that he also said the same thing to other people that were in the squad. (Volume 8 Tab 6 Page 26)

SEAGRAVES:

TUCKER: SEAGRAVES: TUCKER:

SEAGRAVES:

Lt Seagraves stated that she received a phone call from Lt Brandimarte some time between November 6th through the 13th of 2007, during which he ordered her to clear _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 105 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ cases before turning them over to El Mirage P.D. Lt Seagraves stated that she got into a heated arguement with him about clearing cases before they were turned over, because she felt that it was “…disingenuous and not being honest about it.”

SEAGRAVES:

Um, and I got the order to do that. I was working with, uh, Sergeant Lewis, Craig Lewis… Um hum. …and, uh, I got a phone call from, um, Hank Brandimarte and it was during this timeframe but I took off because we worked together at PIR and we worked, first time we worked together and I got the phone call from Hank Brandimarte telling me that, uh, what he wanted to do which prompted me to generate this email. Okay. Okay? So and great, great ‘cause that’s that was my next question. So, um, (sigh) so if I ask you did you receive instructions from your chain for the SVU Detectives to clear these cases in this manner the way you put out there did, is that what you’re sayin’ is you got an email some communication from Lieutenant Brandimarte asking you to let the Detectives know to clear them out like this? No, he ordered me to tell them. Okay.

LICKING: SEAGRAVES:

LICKING: SEAGRAVES: LICKING:

SEAGRAVES: LICKING:

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 106 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ SEAGRAVES: It wasn’t a you can if you’d like that sort of thing. It was we got in an argument and it was a very heated phone call and I disagreed with that. Um, I told him that you know you know how rumors are in agency and I had heard that John Stirring had gotten in trouble for clearing cases that were not clearable that they shouldn’t have done that. And I told him that we had protocols and the cases should stay open and his argument to me was that if I would have, um, cleared all the cases, um, even exceptionally cleared cases the El Mirage cases, they would have stayed in house and therefore, we wouldn’t have given back any cases and we wouldn’t be in the, the mess that we’re in. LICKING: SEAGRAVES: Um hum. So that’s what prompted it. And when I got off the phone I was, I was angry telling him that you know that that’s not what we should do. It doesn’t really matter. They can stay open forever. Why? It just looks better on paper so that way you know when they were doing whatever they were doing, um, in reference to the audit that it would show that we had these cases. And I thought it was disingenuous and not being honest about it. And, um, I expressed that to him and Craig Lewis was standing right next to me and soon as I got off the phone with him I told Craig Lewis what we’re doing and, and I ended up making other phone calls to other supervisors to find out you know if that’s how they did things and which prompted a whole, um, a flurry of anger on me from Hank Brandimarte from that point forward. (Volume 8 Tab 7 Page 91)

In the end, Sgt Seagraves sent the following email to the members of the SVU _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 107 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ which included the following directions for clearing cases “Inactive”. (The following is a portion of the email sent from Sgt Seagraves to the SVU detectives on November 19, 2007):

“I need you to close any cases that you are carrying on your log that is over a year old. You can certainly go back and reopen at a later date, however if you have not touched it because it is a low priority then it needs to be cleared. You can write on your clearance sheet something to the effect that until there is further evidence in this case it will be inactivated…you can mention the fact that there is no evidence to support the case and may include information such as the victim and suspect are no longer in contact with each other…something to support the closure of the case. Make sure that I see them so that I can clear them in RMS. Any cases you are uncertain about, please see me. ThanksSgt K. Seagraves” (Volume 40 Tab 5)

Lt Seagraves explained that at that time, there were many cases that might have been reported, but because they were not in RMS, she might not even know the reports existed. TUCKER: SEAGRAVES: TUCKER: And again, we’re goin’ o- over 2007, uh, it’s 07-101850. Um hum.

And this report is not listed in RMS so, therefore, you may not even have received it? _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 108 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ SEAGRAVES: I don’t even know it existed. (Volume 8 Tab 6 Page 43)

Lt Seagraves further explained that part of the problems associated with RMS was due to the case data not being entered correctly/fully. She indicated that it was a two step process to (1) enter the report data, and (2) make the report a “case” which can be assigned to a unit for follow-up. If the second step of the process wasn’t finished, SVU cases did not get assigned to the SVU.

SEAGRAVES:

Okay, okay. Well, you know, um, something can be and this was something I learned as a result of you know finding out the deficiencies when reports not coming to me. Um, a case can be, you can pull a case a 262, you can pull it but if you don’t make it into a case to be worked, it’s just, it hasn’t gone to that final process. It’s like a two step process. You could pull it and it’s a 262 but then it’s lacking certain information, so there’s no, nothing comes to me. It’s just there. I don’t know where it is but it’s just. So an entry, an i- an initial is made but there, let’s say a second phase where… You have to. …someone needs to enter data and it actually has to get kicked out to a unit? Yes. (Volume 8 Tab 6 Page 44)

TUCKER:

SEAGRAVES: TUCKER:

SEAGRAVES:

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 109 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ When asked if she required the SVU detectives to turn in supplements to her regarding their sex crimes cases on a regular basis per MCSO Policy GJ-6, Lt Seagraves said “No”. She further explained that she and the SVU detectives would have regular meetings in which they would discuss cases and prioritize them.

LICKING:

Okay. Um, did when, when you took over did, uh, and, and the reason I ask, Policy’s you know fairly clear on this you know when you talk about GJ-6 that you know at least on a, what they consider a timely basis, there should be any supplements or something like that that get turned in on a regular basis. Did you have re- require the guys or the detectives there to turn in anything at that time? No, but we would have meetings and we would talk about you know where you are on a particular case and, um, you know we do prioritize according to Policy… (Volume 8 Tab 7 Page 22)

SEAGRAVES:

When asked if Lt McCann or Captain Whitney ever asked for regular supplements from the SVU detectives, Lt Seagraves said “No”.

LICKING:

You know and obviously the it wouldn’t be just the supervisor’s responsibility, but your supervisor’s responsibility as well to make sure that you know any of those supplements are you know turned in or whatever. Did you ever get any direction from Lieutenant McCann at the time to give any supplements to him or to the Captain… No.

SEAGRAVES:

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 110 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ (Volume 8 Tab 7 Page 22)

When I reviewed Lt Seagraves SVU case log with her, several discrepancies were noted when compared to what MCSO Policy GJ-6.4.D.1 required. Of the items required to be in the case log, those items that appreared to be missing on several SVU case entries were (1) The complete dates that cases were assigned, (2), Victim’s addresses, (3) The due date of the final disposition, and (4) The final disposition of the case. When asked if it would be hard to see the status of each case based on what he case log entries showed, Lt Seagraves said “Um, yes that would be.”

LICKING:

…um, at least me looking at the log book, um, that you had I mean unless you’ve got a different way to annotate it and I missed it, um, it would be hard for me to see the status of each case. Would that be fair to say? Um, yes that would be. (Volume 8 Tab 7 Page 42)

SEAGRAVES:

Lt Seagraves indicated that the SVU, among other units, were regularly having people tasked with details that left the SVU “…doing more with less.” She gave examples of SVU detectives participating in the following details: (1) The Honduras trip, (2) The Mother’s Day Roundup, and (3) Detectives being used elsewhere for there Spanish speaking abilities. With all the detectives being tasked with other duties, Lt Seagraves indicated that she believed that the SVU was still doing a good job with their limited resources.

SEAGRAVES:

It is. You know doing more with less. I mean we always were, um, tasked out in our unit, um, as everybody was. You know I’m not saying that, um, this was exclusive to you know the

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MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ Honduras thing, the the Mother’s Day roundup you know the civil warrant detail, um, or the fact that Roy Rojas spoke Spanish, um, that Mike Brooks spoke, spoke Spanish. You know there was there were always taking resources from everywhere not just from, from SVU. But to try to keep up with it and do the best that we could with the limited resources, I think we did really good. And I think everyone that was assigned to that unit, regardless of where the outcome is on, on any of this, it takes a special person to have to sit there and, um, deal with Sex Crimes. (Sounds like voice choked up a little bit) (Volume 8 Tab 7 Page 45)

Although she could not always remember the dates of the incidents, Lt Seagraves further explained that other detectives were tasked with details that did not pertain to SVU duties as well. She stated that, because of his ability to speak Spanish, Detective Roy Rojas was tasked not only with “SI” (Special Investigations) work because of his previous SI background, but also a case which he helped investigate “horse racing” in the desert. SVU Detective Mike Brooks was tasked with going to Honduras for a month to teach investigative courses. Although he was physically gone from the SVU for one month, Detective Brooks was not available to the SVU for two months total, due to the fact that he had to help prepare the lesson plans for the courses to be taught in Honduras. Because he needed to prepare for the lessons, Lt Brandimarte directed that Detective Brooks not be assigned any new SVU cases for that time period. Because of his Spanish speaking abilities, Detective Rojas was pulled from the SVU again, to help in translating the lesson plans for other units in GID that were going to be teaching in Honduras as well. When asked Lt Seagraves gave another example to illustrate those details the SVU would be tasked with that took away from their normal duties. Lt Seagraves stated that shortly after being assigned to the SVU, she was ordered by her command staff to participate in several days of meetings at the Arizona Division of Emergency _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 112 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ Management. Lt John Bailey gave her a large number of binders and told her “…you need to know this stuff”. Lt Seagraves said that it took her approximately a week to read all of the material she was required to read prior to the meetings. She attended approximately five (5) full days of the meetings until someone realized that she was a sergeant who was still on probation, at which time they told her that she “…had no business being here.” They explained that they didn’t need someone who would simply pick up a phone and make a call, they needed someone who could give the orders. After this, Lt Seagraves said she was “…dropped out of the meeting.” When asked what direct effect that her going to these meeting had on the SVU, Lt Seagraves explained that she was not available to supersive the unit.

LICKING:

And, I’m sorry, I didn’t mean to interrupt. I, I forgot to ask. So what impact would that have had directly on the SVU you being gone? Well, I wasn’t there. I mean I wasn’t there to oversee calls. I wasn’t over there to see if things were going on. I wasn’t over to see if there was issues that were happening, um, search warrants, how do we deal with this? Just anything as a supervisor… (Volume 8 Tab 8 Page 24)

SEAGRAVES:

Because a lack of approved overtime was an issue that Lt Seagraves believed contributed to the issues the SVU was facing at that time, I showed Lt Seagraves a memo that was written by Lt Brandimarte on November 6th, 2007, in which he states that overtime is being “reduced”. When asked if overtime for the SVU was approved on an, as needed basis, up until Lt Brandimarte wrote this memo in late 2007, Lt Seagraves stated “Um, yes”. _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 113 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ LICKING: Sure. I mean right, it wasn’t approved just rampant you know type thing. Yes. But if, if you guys had call outs or you had somethin’ special that happened a search warrant or you know whatever I’m assuming that overtime was approved up until then, is that correct? Um, yes. (Volume 8 Tab 8 Page 44 / Memo found Volume 40 Tab 11)

SEAGRAVES: LICKING:

SEAGRAVES:

When asked if she ever notified her chain of command in writing regarding her thoughts that the SVU was understaffed, Lt Seagraves explained that because Lt Brandimarte had told her to quit asking for things, she felt that she would have been written up for insubordination if she put it in writing. Lt Seagraves further stated that she felt that the Captain (Whitney) was unapproachable, and that she did her job by notifying her chain of command (Lt Brandimarte). Lt Seagraves said that she did not know what Lt Brandimarte did with that information.

SEAGRAVES:

…So I told my Lieutenant. That was all I was required to do was tell, notify my chain of command. I wasn’t entitled. I, personally felt that if I would have written a memo that he would written me up for insubordination. I felt that I could not go around him after he said quit asking, quit fucking asking and go to my Captain. I knew that he is not, he’s not approachable that I could do that. And know so because when

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 114 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ I gave him that memo about how this whole occurred with the Hank fuck me with incompetence or make it a training issue, um, and he’s like you know what? You need to go through Lieutenant. And I said no, per Policy you are required to listen to me because it’s about this Policy. And Policy says I can go around him. I never would feel that that would have been an in- an appropriate way for me to handle that. I felt like Hank would have been all over me in a heartbeat and I would have been written up for insubordination. So I felt like I, I did my job by telling my chain of command. With what he did with that I don’t know. (Volume 8 Tab 8 Page 46)

When asked if she knew of anyone in her chain of command in the SVU (specifically Captain Whitney, Chief Knight, Chief Freeman or Chief Hendershott), were aware of the SVU personnel shortages, or if she was aware of either Lt Brandimarte or Captain Whiteny ever communicating this up the chain, Lt Seagraves stated “Um, I would have to say other than me relaying that to my chain of command, which would have been specifically to Hank Brandimarte, I never went beyond Hank Brandimarte to let them know.”

LICKING:

Okay. Um, alright, pretty much the last, uh, question that I have for you is are you aware, uh, of any of the Command staff, um, at least at that time, uh, Chief Hendershott, uh, Chief Knight, Chief Freeman, Captain Whitney, uh, or anyone else, uh, that was in that SVU chain of command, are you aware of any of those people having any specific knowledge of SVU personnel shortages? (Pause) Um, (pause) you mean is your question like did they

SEAGRAVES:

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 115 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ specifically come to me and? LICKING: Right. Did, did you ever have a chance to speak with any of them directly? Um, did, are you aware of Lieutenant Brandimarte or Captain Whitney ever sending anything out to Command staff? We mentioned before are you aware of any of them ever coming to like say Captain Whitney or Lieutenant Brandimarte and asking them if their staffing levels were appropriate for the number of cases that they had, any, anything like that? Um, I would have to say other than me relaying that to my chain of command, which would have been specifically to Hank Brandimarte, I never went beyond Hank Brandimarte to let them know… (Volume 8 Tab 8 Page 54)

SEAGRAVES:

When asked if she was ever aware of an “Abuse Unit” with all of the employess, vehicles, and equipment being approved and funded by OMB, which would augment the SVU with child sex crimes cases, Lt Seagraves explained the following. Although she was aware that Lt Fred McCann had worked on a proposal with Capt Beamish, she did not know at the time she was in the SVU what the outcome of the proposal was. Due to the fact that she received new laptop computers after Lt McCann left GID (which she stored in her office), and the fact that there were several new cars parked in a parking structure waiting to be used, located near her office where she used to walk, she stated “I had an assumption that there was funding.”

SEAGRAVES:

So, um, I had no idea that there were funding, financial funding. I had an assumption that there was funding. And I remember when, um, when, um, uh, Fred McCann was the

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 116 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ Lieutenant. I know that he was involved with, um, Beamish, I think, writing up some, some stuff. And Fred McCann is a very articulate person, so I, I knew that that had happened. And but I didn’t know the outcome, whether or not it was approved or not approved. All I know is that we started getting stuff in. And stuff to me was, um, we got these brand new, um, um, hard laptop tuff books and they were put in my office. And at that point, um, McCann had already left because I had moved into McCann’s office and Felbab had moved into my office. So that’s the reason why I remember that. It was a bigger office. And they started coming all in and I had no idea what they were. (Volume 8 Tab 8 Page 49)

Lt Seagraves was told that the new cars had been purchased for the new “Child Abuse Unit”. Lt Seagraves stated that the SVU detectives became excited about hearing that there was to be an abuse unit soon to be created, however, the excitement soon dissipated after she was told to give the new laptop computers, set aside for the Abuse Unit, to the SVU detectives. When she asked why the Abuse Unit’s computers were to be assigned to the SVU detectives, she was told that there was not going to be an Abuse Unit created at that time because the “…people went elsewhere.” Lt Seagraves stated that she was then told to collect the SVU’s old computers, which were later sent to the HSU (Human Smuggling Unit). When she asked Lt Brandimarte how she would justify giving away computers which were slated to the Abuse Unit if it ever got created at a later date, Lt Brandimarte told her that “It was just what we were told to do.” Lt Seagraves said that the new cars in the parking structure soon left one at a time, and that she did not know where they went to.

LICKING:

I don’t mean to interrupt but these are brand new cars?

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 117 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ SEAGRAVES: LICKING: SEAGRAVES: Brand new cars. Okay. And there’s numbers on them you know like you know the numbers are written with chalk on them and stuff. And so I’m thinkin’ wow, where did these, who’s cars are these? Because some of the cars that we were driving were just you know ready to fall apart. And, um, I was told that those were the cars that had been purchased for the new child abuse, uh, squad. So I think there was an excitement that was in the unit like oh, good, this is gonna happen. And then but we and, and I know ‘cause we all talked about it like would you go work here? Would you go? Who would we get? Who could we recruit to work the Sex Crimes and some of the folks didn’t really. Like I remember Mary sayin’, I think I’m, I would like to stick with adults as opposed to children because she had a harder time dealing with little kids. And even though she’s very good at it, she kind of you know we were just all just round table. It was kind of an exciting sort of thing. And that kind of dissipated once we were told to, I was told to give those tuff books that were assigned to the child abuse squad to our current investigators that were involved in sex crimes. And I’m thinkin’ well, why would I do that? Because and well, we’re not gonna, we’re not gonna get this squad. (Sigh) Why? We’re just, people went elsewhere. They went elsewhere. So they were the people that were approved to come here, although I, I never saw that document before until later, so I didn’t know. Well, maybe they only gave us the equipment but they didn’t give us the manpower or the, the _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 118 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ full time employees that were assigned to it. So I gave the new computers, I was told to, I didn’t do this on my own. I was told to disburse them and I collected them back and my memory is that they went to, um, the, uh, HSU squad you know the, um, what does that stand for? LICKING: SEAGRAVES: Human Smuggling. Human Smuggling, thank you. They went there so our old ones went there. And then I thought okay, well, what happens if we get a new squad of the child abuse and these were slated for them? How we, how are we gonna justify that? Never got an answer for that. So then in, in light of. And who, who did you ask that to? Uh, Brandimarte. Okay. I don’t think he had an answer. It was just like well, I, I don’t really know. It’s just what we were told to do. And the cars one at a time started disappearing and I had no idea where they went. (Volume 8 Tab 8 Page 50)

LICKING: SEAGRAVES: LICKING: SEAGRAVES:

Lt Seagraves then indicated, due to the fact that approximately half of their SVU cases were crimes against children, she felt that had the Abuse Unit been formed, the SVU case load would have been reduced approximately fifty percent (50%) from fifty (50) cases to twenty five (25) cases.

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 119 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ SEAGRAVES: I had no way of knowing whether or not the funding was done, so I started to go online and I found out that there was funding. That we had been approved. And that had we been approved, and I’m just rough estimating in my mind, you would know better than I would by looking at you know going through all of the 261’s and 262’s involving children to have an accurate. But in my memory it would have been 50 percent of my case load that would have been taken off of the current investigators on to a new set of investigators. And although 65 cases or 50 cases are unmanageable in any place that you are at, I figure 25 is better than 50 is better than 60. Fifteen (15) would be great but we have to do with what we can you know do the very best that we can do. (Volume 8 Tab 8 Page 52)

A review of several SVU cases dating from 2006 to 2007 was done with Lt Seagraves in order to show that there were many investigative acitons lacking with the cases. Many of the cases had a clearance sheet that had Sgt Seagrave’s signature on them showing that she had approved the case clearance. Those investigative actions that were found to be lacking with the cases included, but were not limited to: (1) Missing supplements, (2) Supplements that did not include necessary information, (3) No Case Clearance Sheet, (4) No Property/Evidence Sheets, (5) No documented evidence that investigative actions/follow-up had been conducted at all. Lt Seagraves admitted that often she would not even get the whole case from the detectives to review, prior to signing the clearance sheet. Often she would simply receive just the clearance sheet itself because the detectives would send the reports down to the Records Section themselves. At times Lt Seagraves explained that she may receive fifteen (15) Clearance Sheets at once to sign off.

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 120 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ SEAGRAVES: Certainly. And if I could, um, add to that. Um, sometimes when I got there, uh, they wouldn’t even give me the case because they, they did it the way Newton wanted it to get done. And that was to they’d send their own stuff to, to Records. And so sometimes I would get this and I can tell you that Roy Rojas was notorious for not turning in a Clearance sheet, because when I would pull some of his stuff, he had almost double the amount of everyone. And I would sit with him and I’d go tell me about this. Wh- what, what’s going on here? And he would have cleared them. Oh, I, I cleared that. I arrested that person, whatever it would be. And I, I would end up getting you know 15 of these in one lump sum from him because he would always forget this step. LICKING: SEAGRAVES: LICKING: SEAGRAVES: Okay. Um, this I don’t know when this came in existence, yeah. So this, this didn’t necessarily come with the case itself? Sometimes it didn’t. (Volume 8 Tab 7 Page 50)

Lt Seagraves further stated that the SVU detectives did not keep copies of their sex crimes reports after they were cleared.

LICKING:

When you said they wouldn’t keep a copy of the report, you mean after they cleared it they would just send it down there and they wouldn’t have a file or?

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 121 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ SEAGRAVES: Yeah, they didn’t keep copies. We didn’t keep copies of the reports down in. (Volume 8 Tab 7 Page 51)

I reviewed several SVU cases with Lt Seagraves in which she had signed the case clearance sheets, where they were lacking in investigative actions. When asked if she considered the way she cleared those cases to be “proper case clearing procudures”, Lt Seagraves stated “Um, no, I would not.”

LICKING: SEAGRAVES: LICKING:

If but obviously you signed them off. I did sign them off that’s my signature. Yeah, at least, at least looking back now at what the cases contained as far as what the, the finished product is down in Records, would you consider that now to be proper case clearing procedures? Um, no, I would not. (Volume 8 Tab 7 Page 62)

SEAGRAVES:

One case in particular that had never been worked (DR# 07-148976), showed that it had been assigned to Detective Rojas #871 according to his case log, but was not entered in Sgt Seagrave’s case log. The case entailed a thirteen (13) year old girl getting pregnant by a twenty (20) year old suspect. The girl later gave birth at age fourteen (14) at a hospital, whose staff reported the incident to authorities. The incident was reported in an “Azizona Child Abuse Hotline” report. Detective Rojas authored a face sheet which stated in the synopsis block simply “14 year old Mayra Ruelas gave birth to a baby boy on 5/9/07. The father of the baby was identified by hospital staff at Del Web Hospital as Geraldo Arroyo_Ponce (20 years old). According to staff the sex was consensual and the _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 122 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ family was “supportive.”” A review of the Arizona Child Abuse Hotline report showed that the following was handwritten at the top “Rojas 07 148976 1502”. When I reviewed the report with Lt Seagraves, she stated that the handwriting belonged to her. Lt Seagraves could not explain either why the case was not entered into her SVU case log, or why the case had not been investigated.

LICKING:

And I’m assuming and I don’t wanna put words in your mouth, it’s not typical for a case to come in that your detectives would be assigned and that you wouldn’t have in your log as well. Would that be right? Well, I don’t know why I wouldn’t have it in my log. (Volume 8 Tab 7 Page 67)

SEAGRAVES:

SEAGRAVES:

So that’s my handwriting. That’s the DR and, um, (pause). (Volume 8 Tab 7 Page 68)

LICKING:

So is it just an oversight? You just didn’t happen to put that case in your, in your log book? Well, I that’s the only thing I can think of unless it’s under a different DR. (Volume 8 Tab 7 Page 69)

SEAGRAVES:

Lt Seagraves indicated that she felt that the issues with the SVU were present before she took over as the detective sergeant. She further indicated that she communicated to her chain of command that the SVU was “drowning” after the addition of the El Mirage case load. Lt Seagraves stated that in her opinion, her chain of command _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 123 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ knew what issues the SVU had with manpower. After stating that to this day there were more investigators assigned to the Animal Crimes unit than the SVU, Lt Seagraves stated “So what priority do you you know distribute the manpower?”

SEAGRAVES:

Like who, like who knew? Okay, first of all, I didn’t create this you know I mean I walked into this and in addition to walking into it, um, I was given El Mirage. And, um, of course, we wanna do the very best. If I wasn’t doing you know me, there are several people here that know me. I, I, I don’t like being in trouble. I don’t like a shadow of a doubt that I am in trouble. I if, if I’m doing something wrong, I wish that somebody would have said something to me sooner. But I was following orders of my chain of command and if they say for one second that I didn’t tell them that we were drowning I don’t, I don’t know how they could. And shame on the chain of command for not knowing if they are saying that they don’t because I, my opinion, they know what was happening. Even, even to this day in Sex Crimes there is more investigators in the Animal Crime unit than there are in Sex Crimes. So what priority do you you know distribute the manpower? (Volume 8 Tab 7 Page 95)

Lt Seagraves stated that shortly after Lt Brandimarte arrived to the SVU, she asked him for an updated computer case tracking system, similar to what the Internal Affairs Division used. When asked if he worked on getting it, Lt Seagraves stated that she did not know. She further explained that although Lt Brandimarte would tell her things like “stop _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 124 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ bitching and just do your job, do your fucking job”, and “I’m not going to go and ask the Captain for one more thing.”, she continued to “ask for things and to try to explain to him.”

LICKING:

…I mean that’s a good point. I mean that’s just part of being a good supervisor is let your chain know hey look, you know. Whatever tracking system you’re using with your book if you found another tracking system that you felt would be better, so you specifically asked for a computerized tracking system? I, specifically, asked for the IA, something similar to the IA one... (Volume 8 Tab 7 Page 98)

SEAGRAVES:

LICKING:

Did it ever I mean did Lieutenant Brandimarte ever make it look like he was trying to work on that for you for your unit? I don’t know. You know he’s an odd person for me to try to figure out. I know that he enjoyed his position at GID, as I did, too. And, uh, he did not want to, um, get transferred. And anything that was negative, regardless if it was the Captain inquiring, he would freak out and he would, he would yell. He would scream. Um, he would, uh, just shut you down, stand over you and not listen to why you need this or why it’s important or what positive outcome it could have if we had it. It was like I am not going to go and ask the Captain for one more thing. You need to quit bitching and just stop and just do your job, do your fucking job.

SEAGRAVES:

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 125 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ So at some point it’s very clear to me that no matter what I do and don’t, don’t think I didn’t continue to ask. I mean that was probably my demise with him is because I continued to ask for things and to try to explain to him. (Volume 8 Tab 7 Page 99)

When asked if she was aware of the evidence that was being improperly stored in the SVU detective’s offices, Lt Seagraves said that she did not know there was “original evidence in their office.” She explained that if she saw tapes in the detective’s offices, it would have been copies. Lt Seagraves said that she never saw anything that said “original”. She further explained that all of this evidence was found in the detective’s offices “months later after I left.”

SEAGRAVES:

Well, first of all, I didn’t know that there’s original evidence in their office. I wanna make that clear. And if I saw any tapes, um, you have 2002, you have 2001. Um, I was a Detective, myself and I know that you’re not to leave evidence out, original evidence. I know that you put it away. Um, I always made copies. My assumption would be if I ever saw anything, um, it would, it would be a copy. I wouldn’t if I’ve never seen anything that said original. Um, I don’t know if this is how it was found. Obviously, this is months later after I left. (Volume 8 Tab 7 Page 104)

Lt Seagraves futher stated that had she thought that the dectives were holding original pieces of evidence in their offices, she would have “written them up.”

SEAGRAVES:

Well, these are closed shelves here and no, I never saw stacks and stacks and boxes of things of evidence. Now I’m not gonna

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 126 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ say because I’m sure that I have. It’s, it’s almost like you know a pad of paper on a desk, we all have it. I don’t pay specific attention to it. But if I thought for one second that these Detectives were holding original pieces of evidence, I would have written them up. There’d be no reason not to. (Volume 8 Tab 7 Page 105)

When asked if she followed MCSO Policy GJ-6.D.1 (Detective Supervisor’s Case Log) by ensuring that the listed items were entered, Lt Seagraves stated “Did I put the date on every single one? Did I write the clearance on every single one? No I didn’t.”

SEAGRAVES:

Did I put the date on every single one? Did I write the Clearance on every single one? No, I didn’t. (Volume 8 Tab 7 Page 111)

When asked if she felt she had kept policy by ensuring that supplements were turned in, in a timely manner in keeping with MCSO Policy GJ-6.D.2, Lt Seagraves said “Uh, no, I don’t…”

LICKING:

Um, D2 says the Detective supervisor shall ensure that, uh, case report supplements and final dispositions are submitted in a timely manner as called for the Records Management System, RMS. Do you feel that as the supervisor of SVU that that was adequately done after goin’ over Roy Rojas’s cases? Uh, no, I don’t… (Volume 8 Tab 7 Page 111)

SEAGRAVES:

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 127 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ I then asked Lt Seagraves if she felt she had violated MCSO Policy CP-2.29.B.4 (Incompetence/Failure to make reasonable decisions or take appropriate actions), based upon the fact that she had signed off SVU clearance sheets when the reports were not complete. Although she first did not agree that she had violated policy, when I asked “You wouldn’t consider that to be appropriate to sign it if it wasn’t complete, is that fair?”, she stated, “Correct.”

LICKING:

But, but at least looking back now would you wouldn’t consider that to be appropriate to sign it if it wasn’t complete, is that fair? Correct. (Volume 8 Tab 7 Page 114)

SEAGRAVES:

When asked if she felt she had violated MCSO Policy CP-2.1.A (Code of Conduct/Conformance to Office Directives), Lt Seagraves stated “Well, if you’re going to hold me to the, um, case tracking system then I would have to say yes.”

SEAGRAVES:

Well, if you’re gonna hold me to the, um, case tracking system then I would have to say yes. (Volume 8 Tab 7 Page 115)

During the five minutes Lt Seagraves was entitled to at the end of the interview, she explained that she felt that she made the SVU a better place than what she walked into, with the limited resourses she was given. On the Sergeant level, she didn’t have the ability to make changes, nor did she feel that she had the support of either Lt Brandimarte or Captain Whitney at the time. She also indicated that she believed that her chain of _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 128 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ command knew the issues the SVU was facing with manpower, and that if they had more people, they could have done more things.

Interview with Detective Jonathan Felbab #1142

I conducted an Internal Affairs Administrative Inverview with Detective Jonathan Felbab #1142 on May 12th, 2011. Detective Felbab stated that he has been working in the SVU since 2005. When he was first assigned to the SVU, the Detective Sergeant was Darrell Newton, who was later replaced by Sergeant Kim Seagraves. Detective Felbab stated that he had been a detective prior to transferring to the SVU and had kept a case log both before and after he was transferred to the SVU. I then reviewed SVU cases that had been assigned to Detective Felbab that had been identified through the SVU audit as lacking in investigative actions. One case that was reviewed and found to only have a face sheet with “Refer to El Mirage P.D. report” and nothing further, was DR# 06-144298. When asked why there was no further documentation or even the El Mirage P.D. report attached, Det Felbab stated that often a report would be assigned to a detective, but the detective might not know it was assigned to them. Det Felbab stated that he did not know where the breakdown in the process of assigning cases was happening. Detective Felbab later stated that cases being assigned to him without his knowledge happened approximately four (4) times during this period the SVU was responsible for El Mirage sex crimes cases.

FELBAB:

The, the possibility that a report was assigned to me and I didn’t know it, yes, it’s absolutely possible. Okay. And I don’t wanna throw rocks at anybody else but

LICKING: FELBAB:

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 129 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ that was very, very, very common. Um, okay, maybe one, take off one of the very’s. It happened more than I liked, because you’d be goin’ along thinkin’ everything was great and you’d get a call and say hey, what’s happenin’ with this case? Huh? What case? And you’d go look and say, oh, gee, it is assigned to me. And I would have to call Records because at the time SVU and GID didn’t have a division file, so I would have to call and get the original from Records and look at it and say, huh, I wish I had gotten this a month ago when it was assigned to me. Um, where that breakdown happened, I have no idea. (Volume 9 Tab 6 Page 27)

Another SVU case reviewed with Det Felbab was DR# 07-039026. The report stated that the suspect, “Pedro” was the boyfriend of the victim’s grandmother, however, there was no documentation to show that any attempt had been made to either fully identify the suspect, or conduct further investigation into the matter. When asked if he recalled any reason that follow-up wasn’t performed to fully identify the suspect, Det Felbab stated that although his “feeling” was that something was done, he didn’t recall it.

LICKING:

Um, and so that was, I guess, that was their concern. So, um, again, I guess our question is you don’t really recall any reason why there wasn’t any, um, real follow up done to identify Pedro? I, I don’t recall no, I don’t. I, I, like I said, I can’t recall and, and I don’t wanna say it with certainty because of your cautions to me. But my feeling was that there was something like that done with this case. I just can’t be 100 percent sure I’m not confusing it with the other case that you talked about. (Volume 9 Tab 6 Page 37)

FELBAB:

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 130 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ The next case reviwed was DR# 07-095137. The basic premise of the report indicated that a young boy rubbed against a young girl at school. While Det Felbab agreed that because of the young age of the suspect, and there being a lack of a “culpable mental state” on his part making it not a crime, he could not explain why there was no documentation that there was either any investigation conducted or that the case was cleared. Det Felbab stated that he recalled clearing the case and questioned where the rest of the report was. Det Felbab admitted that this type of report, (based on what I showed him), would have been “…an easy one to clear.”

LICKING:

Is, um, I guess the question that we would have then would be, I mean that sounds like it would be an easy case to clear. Why wasn’t it just written up as you know and then cleared if that was the case then,… Um,... …instead of being turned back over to El Mirage? …my recollection is that it was. That’s why I’m like where is the rest of this? Okay. Alright. Because this would have been an easy one to clear. This would have, would have been a, a single supplement and a clearance sheet if I didn’t just summarize it on the clearance sheet. (Volume 9 Tab 6 Page 15)

FELBAB: LICKING: FELBAB:

LICKING: FELBAB:

The next case we reviewed was DR# 07-122065, which involved a grandfather (suspect), who appeared to have been generationally victimizing his daughter and his _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 131 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ grandchildren. CPS had gotten involved and made the suspect leave the house, but after that, there appeared to have been no further investigative actions done to the case. When this was pointed out, Det Felbab stated that he did not know why the case stopped where it did. He further stated “…you’re working one thing and you get to a point where the kids are safe and something else comes in and you have to put out another fire.”

LICKING:

You know it seems to become almost a generational thing with mom and now her kids are also being victimized and, and then you know there doesn’t seem to be any work done on it. Um, as for why it stops where it does I, I don’t know, except to go back to what I said about you’re working one thing and you get to a point where the kids are safe and something else comes in and you have to put out another fire. (Volume 9 Tab 6 Page 47)

FELBAB:

When asked why the suspect wasn’t taken into custody at that time for the above case, Det Felbab indicated that he did not know specifically why, but that the case revolved around allegations of “he said, she said”, and it was a “very busy time”.

LICKING:

He was made to leave the house. But again I guess the question is you- you’ve got a known suspect, I mean why wasn’t he like taken into custody at that point then? I mean. Well, at at this point and what, and where I remember it was it was, again, it was he said, she said and it was, um, uh, uh, again a very busy time and it would not have, specifically, nothing specific.

FELBAB:

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 132 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ (Volume 9 Tab 6 Page 48)

When asked if he was aware of SVU detectives clearing cases that shouldn’t have been cleared, or work being done improperly, Det Felbab stated “No. I was under the impression that we were all trying to do the best we could with impossibly, impossible numbers and our case loads and, and you know doin’ the, the right thing as best we could.”

LICKING:

Okay. Alright. Um, were, were you ever aware, um, of any of the other Detectives there that might have been say improperly working or, um, clearing out cases that shouldn’t have been cleared out? I mean were you ever under the impression that you know work wasn’t being done the way it should have been done while you were there? No. I was under the impression that we were all trying to do the best we could with impossibly, impossible numbers and our case loads and, and you know doin’ the, the right thing as best we could. (Volume 9 Tab 6 Page 55)

FELBAB:

In the five minutes at the end of the interview when Det Felbab was given the floor, he stated the following. He felt that during this time period, the SVU was “super understaffed” and “super overworked”. He stated that the SVU audit revealed “huge recordkeeping errors systemically not just with my unit.” He further stated “Um, as for missing documents in these things, I can’t, I can’t explain it. I can’t understand how it happened. Um, but the cases we talked about here if they were worked to a point and stopped, I feel like it was because I had to work on another fire thereby prioritizing.” Det Felbab further stated that he never “willfully neglected” his cases. _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 133 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ (Volume 9 Tab 6 Page 15)

Interview with Deputy Eric Haarala #1157

I conducted an Internal Affairs Administrative Interview with Deputy Eric Haarala #1157 on April 7th, 2011. Deputy Haarala stated that he had been assigned to the SVU from approximately February of 2005 until approximately April of 2007. His first supervisor in SVU was Sgt Darrell Newton, until Sgt Seagraves took his place. Deputy Haarala stated that he received a call from Detective Edgar from the SVU some time after he transferred out of the unit, asking him if he remembered photos from an investigation involving a fireman. After telling her that he had copies of the photos, he received a call from Sgt Greg Lugo stating that he heard Deputy Haarala had taken evidence with him and wanted him to turn it in. Deputy Haarala said that he turned all the items over to Sgt Lugo that he had taken with him when he left. When asked, Deputy Haarala stated that the items were simply either “copies” of evidence tapes/CD’s, or “originals” with no evidentiary value.. He further explained that if an interview with a pontential victim was conducted in which no statements of evidentiary value were obtained, although he would supplement the report to indicate this, he would not impound those recordings in Property and Evidence. Deputy Haarala stated that although he did not think that the items were of an use as evidence, he did not want to simply throw them away. He further explained that although he needed to deystroy those items, he had never “known of anywhere to destroy or, uh, get rid of VCR or CD’s.” Deputy Haarala stated that he felt it would be “irresponsible” to simply throw them away. An inventory of the box of evidence later showed that it contained fourteen (14) pieces of evidence along with case clearance sheets and supplements. (For Complete Listing See Volume 34 Tab 12 Pages 12-13) _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 134 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ HAARALA: I said, uh, well, I have copies of stuff. And the reason I had copies, when I was there for two years, every time I would do a interinterview, I would make a copy. The original would go into Property and I don’t know if you’ve dealt with the County Attorney but inevitably, they want your tape or your copy that you already sent them and now you have to get out of Property or you have to have somebody in Property make a copy or it’s just a hassle so I made a second copy. I kept it in my office and when I left, these copies I just needed to destroy them. These were these, these were either seconds or they or were originals of no evidentiary value. Like I’ll come and talk to some, uh, a kid at Child Health and she’ll you know I hear Uncle Charlie, somethin’ happened you know. We had ice cream. We went to the circus. No evidentiary value. I put that in my supplement but I don’t put the, uh, tape into Property because it’s, it’s not for anything. It’s, it’s a document just document and if the case ever recame up, the child would have to give evidence of a crime so there was no crime. So anyways, I have all these tapes. I just wanna get rid of them. But in my entire time in the Sheriff’s Office, I’ve never known of anywhere to destroy or, uh, get rid of VCR or CD’s. I mean you can, you can put one CD in little stripper you know like we have in the back computer room, but I had dozens and dozens and dozens you know over the years and I didn’t wanna just throw them away. I mean that’s that’s irresponsible. (Volume 9 Tab 5 Page 10)

After I explained the importance of impounding evidence of recordings that might exonerate a suspect in a sex crimes case, Deputy Haarala stated, “I’m not sayin’ I didn’t make a mistake ‘cause, obviously, I wouldn’t be here if I didn’t make a mistake. But in my mind, I didn’t take evidence with me. I took something that I wanted to destroy and if I had a box that said tapes and CD’s here, it would have been in there before I left GID.”

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 135 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ LICKING: You know you have to cover all your bases,…

HAARALA: Right. LICKING: …so obviously, the defense attorney’s gonna want a copy of the original saying now look, six months ago they said nothin’ happened and now six moths later they’re sayin’ somethin’ did happen.

HAARALA: I’m not sayin’ I didn’t make a mistake ‘cause, obviously, I wouldn’t be here if I didn’t make a mistake. But in my mind, I didn’t take evidence with me. I took something that I wanted to destroy and if I had a box that said tapes and CD’s here, it would have been in there before I left GID. (Volume 9 Tab 5 Page 13)

When asked why he kept the items if he felt that they were of no use as evidence, Deputy Haarala stated “Well, it’s somebody’s personal information. I’m not gonna just throw it in the dumpster behind my house.”

LICKING:

Well, I’m just tryin’ to that I guess that would be my question then you know. Based on that if, if it really wasn’t that big of a deal, I mean if, if I write somethin’ down like say in here, we’re talking, I write something down and make a note later.

HAARALA: Right. LICKING: I go I don’t need that; I throw it away.

HAARALA: Right. _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 136 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ LICKING: Obviously, you felt it was important enough for you to keep it ‘cause you had, you had. HAARALA: Well, it’s somebody’s personal information. I’m not gonna just throw it in the dumpster behind my house. (Volume 9 Tab 5 Page 16)

When asked if he ever asked anyone what to do with the items, Deputy Haarala stated that although he didn’t remember specifically, he remembered someone telling him about a warehouse “…behind the ball park on Third Ave.”, where they took those items. Deputy Haarala did not have an answer when I asked him if he ever followed-up with that information.

LICKING:

Okay. Well, did you ask anybody what to do with it?

HAARALA: N- I don’t remember asking anybody specifically. I’m sure I brought it up here and there. I said, where do you get rid of if somebody said? I, I, I probably had because I remember somebody said somewhere behind the ball park on Third Avenue there’s the warehouse and they go I think they take it. I go okay, I don’t, never. LICKING: Well, did you follow up with that after that?

HAARALA: I (clears throat). (Volume 9 Tab 5 Page 178)

When I indicated that it appeared to me that he placed some sort of “value” on these items and that was why he felt he couldn’t simply throw them away, Deputy Haarala stated “Right”.

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 137 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ LICKING: Hang on just a second. In my mind what I’m thinking is that well, you thought there’s some value to this and you know you can’t just throw it away in your own personal garbage can you know type thing. HAARALA: Right. (Volume 9 Tab 5 Page 19)

When asked if he was able to provide the photos that Det Edgar had requested originally, Deputy Haarala stated that he did not have them.

LICKING:

Okay. Um, when you mentioned before that, uh, Geri Edgar had called you about some photos,…

HAARALA: Right. LICKING: …did, were you able to provide those to her?

HAARALA: No, no. LICKING: So you,…

HAARALA: I didn’t have those. (Volume 9 Tab 5 Page 23)

When asked if he felt he had violated MCSO Policy CP-2.1.A (Code of Conduct/Conformance to Office Directives), and MCSO Policy CP-2.11.F (Code of Conduct/Performance or Dereliction of Duty), Deputy Haarala stated that he did not. When asked if he felt he had violated MCSO Policy CP-2.29.B.4 (Code of Conduct/Incompetence-Failure to Meet Standards), Deputy Haarala stated, “Maybe the _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 138 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ second part, failed to take reasonable action. It’s not really reasonable to lug old stuff around to get rid of it. I should have found somewhere, somebody who could tell me how to get rid of it.” LICKING: Okay. Uh, let’s see the next one is, uh, CP-2, uh, 29 and this, uh, particular one is B4 and it’s titled, Incompetence or Failure to Meet Standards. Uh, B says incompetence may be demonstrated by the following and number four is failure to make reasonable decisions or take appropriate actions. Do you feel you violated that?

HAARALA: Maybe the second part, failed to take reasonable action. It’s not really reasonable to lug old stuff around to get rid of it. I should have found somewhere, somebody who could tell me how to get rid of it. (Volume 9 Tab 5 Page 26)

Interviews with Deputy Rodrigo “Roy” Rojas #871

Internal Affairs Administrative interviews were conducted with Deputy Rojas #871 on April 7th, 2011 and May 12th, 2011. Deputy Rojas was assigned to the SVU from approximately May of 2001 until approximately November of 2008. Initially, the issues surrounding Deputy Rojas were allegations that he had not handled SVU case evidence properly and had left several pieces of evidence in his SVU office, instead of properly securing them in Property and Evidence. As the investigation continued, it was alleged that he had cleared many SVU cases that were lacking in investigative actions. During the SVU audit, an inventory of Detective Rojas’s office was conducted, during which approximately eighty six (86) pieces of evidence associated with forty seven (47) SVU cases, was found to have been improperly stored. I reviewied with Deputy Rojas, the evidence the SVU audit listed as having been stored in his office improperly. When asked, Deputy Rojas stated that he did not share an _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 139 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ office with anyone at that time and there would have been no reason for anyone else to store evidence in his office. When asked about the evidence in his office marked “original”, Deputy Rojas explained that most of the items on the list he believed were simply working copies for him to use while he was writing his case supplements. When shown that the list compiled by the SVU audit contained one envelope containing evidence on which was specifically hand written “Case done. Just impound as evidence” with (DR# 07-117727) and dated “7/3/07”, Deputy Rojas admitted that his office “wasn’t the best clean or organized” and that he had “stuff scattered all over”. He also admitted that he “procrastinated”, “dragged my feet” and “screwed up”.

ROJAS:

Well, uh, I mean I, yes, it, it. I mean I did this, right, yeah, I screwed up over it. And, uh, if I made I know that sometimes I would ‘cause my, uh, my office wasn’t the best clean or organized ‘cause I had stuff scattered all over. And if I would be working on a case I cou- you know I wouldn’t I couldn’t find my, uh, like working copy so the original that I would have then I would make another copy and bring it into the office and start working from that knowing that I mean that up in, in, in the future I would put my original or send it over to, to, uh, to Property and Evidence impound it. Yeah, I dragged my feet you know, uh, procrastinated. I screwed up you know. (Volume 9 Tab 3 Page 11)

When asked if that would have been the proper way to handle evidence per policy, Deputy Rojas stated that the proper procedure would have been to impound it.

LICKING:

Okay. Alright. Um, obviously, one of the questions that they would have us ask is what would have been the proper procedure for the items of evidence in your office?

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 140 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ ROJAS: Well, the proper procedure I mean if, uh, make your copy you know that you made and then send or forward impound the, uh, your evidence to for, uh, you know it’s evidence! (Volume 9 Tab 3 Page 13)

Deputy Rojas further explained that he procrastinated, but it was due to the fact that the SVU was the type of unit that had a “lot of fires popping up everywhere”. He would do what was important at the time during an investigation, bring the evidence to his office, and would have to set it aside because he had to “take care of that other fire that popped up”.

ROJAS:

You know and put it away. I mean that’s (chuckle), uh, like I said I, I procrastinated tryin’ to, ‘cause you know workin’ Special Victims Unit is it was, it was a, it’s, it’s a type of unit where you got a lot of, lot of fires popping up everywhere. And you’re going to work a case. You do it. You, you did what, what was important at that time the investigation. Bring your stuff into the office. All of a sudden you get another fire. I said, uh, I’ll work here. I’ll set this aside and get to it little as soon as I get a, a chance or an opportunity. Go over and take and, uh, take care of that other fire that popped up. Same time be another one that popped up. (Volume 9 Tab 3 Page 14)

Deputy Rojas also explained that in addition to his normal SVU duties, he was being “called out quit a bit” because he was the only one in the unit at the time that spoke Spanish. He stated that he would be called out even if he wasn’t the detective on call. ROJAS: Oh, man, I was gettin’ called out quite a bit because of Spanish speaking. At that time I was the only Spanish speaker in the unit and I would get called out 2 or 3 in. Even if I wasn’t on call… (Volume 9 Tab 3 Page 15) _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 141 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ When asked if he believed that he had violated MCSO Policy CP-2.1.A (Code of Conduct/Conformance to Office Directives), Deputy Rojas stated “Yeah, I violated that.” He further explained that he felt he had violated that policy because he had not been prompt with his actions regarding the impounding of evidence.

ROJAS:

Yeah, I think I did I guess. I mean I, I wasn’t prompt with my actions and knowing and with the experience that I have, um, and handling of you know my case management that’s one of the priority things. You need to secure you know your evidence that you have and CD’s, well whatever, recordings. It’s evidence. And, uh, I just, like I said, I mean fires popping’ everywhere. Yeah, I violated it… (Volume 9 Tab 3 Page 18)

When asked if he felt he had violated MCSO Policy CP-2.11.F (Code of ConductDereliction of Duty), Deputy Rojas explained that although his actions were “negligent”, they were not “intentional”.

ROJAS:

Yeah, my acts were negligent. They certainly weren’t intentional but,.. (Volume 9 Tab 3 Page 18)

When asked if he felt he had violated MCSO Policy CP-2.29.B.4 (Code of Conduct-Incompetence), Deputy Rojas stated that he “didn’t, uh, take the appropriate action as required.”

ROJAS:

Well, I think I made reasonable decisions but I just didn’t, uh, take the appropriate action as required. (Volume 9 Tab 3 Page 20)

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 142 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ When asked if he felt he had violate MCSO Polic CP-2.33.B (Code of ConductAbuse of Process, Withholding Evidence), Deputy Rojas stated “Yeah…”

ROJAS:

Yeah, I mean I didn’t put it in you know the Sheriff’s Office Property and Evidence, uh, section. Uh, every time I mean I, I, I went to left the office I locked my door. (Volume 9 Tab 3 Page 21)

A review of those cases assigned to Deputy Rojas when he was assigned to the SVU was conducted with him. After explaining that the investigation had found that there was a possibility that SVU detectives may have been assigned a case without their knowledge during the time MCSO had a contract to serve El Mirage, Deputy Rojas stated that was not an issue he could recall ever happening to either himself or other SVU detectives. When asked, Deputy Rojas stated that he kept a case log of SVU cases assigned to him that he tracked manually in a binder. When asked why the case DR# 06-119177 had been “Exceptionally” cleared, but the final report did not have a Property Sheet showing the the recordings of the invertiews had been impounded as evidence in the case, Deputy Rojas stated “No, I don’t.” He further stated “There should have been, I know that but…”

LICKING:

Okay. Um, do you know why that there wouldn’t have been, uh, property impound for like the audio tapes for those interviews? No, I don’t. Uh, (pause) I really don’t have, I really don’t know why. There should have been, I know that but,...

ROJAS:

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 143 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ (Volume 9 Tab 4 Page 12)

Deputy Rojas was asked why case DR# 06-131332 (an El Mirage case) had been cleared “Exceptionally”, but the finished report did not contain either any supplements from him, the original police report, or Child Help report, as the SVU audit showed that was required. Deputy Rojas indicated that at that time, he cleared cases with the intent to later go back and write the supplements.

ROJAS:

Yeah. Um, when we had cleared these cases or when I did anyway, um, it was with the, with the intent you know that once we, we clear them and then come back and write up all the supplements so that way it would show that it was already cleared. (Volume 9 Tab 4 Page 14)

DR# 07-076822 was reviewed with Deputy Rojas, the SVU audit showed that although the case had been marked as cleared “Unfounded” in Detective Rojas’s case log, there were no supplements written by Detective Rojas attached to the report to justify the case clearance. The SVU showed that in fact, there was not even a case clearance sheet attached to the report to back up what Detective Rojas annotated in his case log. When asked why the case had been cleared but he had not written any supplements supporting this, Deputy Rojas stated that he was “pretty certain I wrote something on it.”, although he could not explain why it would not have been attached to the report.

ROJAS:

Yeah, because I think I even remember talking to the, to the father about it and I, I, I’m pretty certain that I wrote something on it. _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 144 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ LICKING: ROJAS: it. (Volume 9 Tab 4 Page 38) Okay. Can you explain why it wouldn’t be? I have no explanation why it, it wouldn’t be attached to

DR# 07-088267 was then reviewed and it was shown that the SVU audit found that there was no documented proof of any investigative actions taken in the case by Detective Rojas. Deputy Rojas stated that he remembered the case and that it had been cleared because the victim was uncooperative. Deputy Rojas stated that he would not say whether or not he had written up information pertaining to the case, however, he was “almost certain” that he attached what he had written on the case and sent it to El Mirage.

ROJAS:

Right. And, and I’m pretty sure that well, I’m not gonna say that I did or but I, I’m almost certain that I attached, uh, information to, uh, this report when it was sent back to, uh, to El Mirage explaining you know what had happened and what the status was… (Volume 9 Tab 4 Page 40)

In reviewing DR# 07-101982, the SVU audit showed that although Detective Rojas had documented that he had talked to the victim in that case, the date he documented that the contact was made was very vague, due to the fact that Detective Rojas had written “Around 6/26/07 I received a phone call…” on the clearance sheet. When I explained the importance of being precise when documenting details in investigative reports, I asked why he did not recall the exact date he was contacted by the victim’s mother. Deputy Rojas explained that often, time would lapse, and he would later “…just write that day as such, like around, on , or about you know, this date, uh around _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 145 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ you know certain time. Um, just one of those things that that I, that I do.” ROJAS: I don’t. A lotta times so that we wouldn’t be because of the time they would lapse and stuff like that at the time where we just kind of just write that day as such like around on or about you know this date, uh, around you know certain time. Um, just one of those things that that I, that I do. (Volume 9 Tab 4 Page 43)

A review of DR# 07-120671 showed that Detective Rojas arrested a suspect after conducting, what appeared to be, a thourogh investigaton in which he was able to obtain a confession. When the full report was reviewed during the SVU audit, however, it was found that neither complete supplements were written by Detective Rojas concerning the interviews and interrogations conducted, nor were those recorded interview or interrogation DVD’s impounded into Property and Evidence. When asked why this had not been completed, Deputy Rojas explained that not only did he remember the case, but that it was a case that was submitted to the County Attorney’s Office (CA’s Office) and that complete reports had been sent to both the CA’s Office, but also MCSO Records.

ROJAS:

Uh, it’s another one of those cases again that was submitted to the County Attorney and everything that that belongs to that report was attached to that report, uh, including the, uh, Property and Evidence sheet and everything. That went to the County Attorney’s office and another copy was, uh, sent to, uh, Records. (Volume 9 Tab 4 Page 47)

A review of case DR# 07-148976 showed that MCSO had received notification by way of an “Arizona Child Abuse Hotline” (ACAH) report, that a fourteen year old girl had _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 146 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ given birth to a baby boy at the Del Web hospital. Hospital staff had identified the father of the newborn to be twenty (20) year old “Gerlado Arroyo_Ponce”. The only documentation attached to the ACAH report was a two page MCSO face sheet with “R. Rojas #871” in the “Reporting Officer” block. In the synopsis block of the first page was the following “14 year old Mayra Ruelas gave birth to a baby boy on 5/9/07. The father of the baby was identified by hospital staff at Del Web Hospital as Geraldo Arroyo_Ponce (20 years old). According to staff the sex was consentual and the family was supportive.” When looking at the age of the victim in this case, if she carried the baby to term, she would have been thirteen (13) at the time of conception. The report is not entered in Sgt Seagraves case log as being assigned to Detective Rojas, however, it is entered in Detective Rojas case log. Detective Rojas’s case log contained a hand written note stating “Need to contact”. There is no other documentation regarding the case in Detective Rojas log besides “07-148976”, and the date “08/14/07”. When I explained that both the mother and father should have been investigated for “Failure to Protect”, and the suspect should have been contacted, Deputy Rojas explained that he was going to have to be careful how the investigation was conducted because of the family relationship. He stated that he was going to conduct the investigation in this case “…but I didn’t”.

LICKING:

…I mean mom and dad should have been done for failure to protect. I agree. The suspect, obviously, should have been done.

ROJAS: LICKING: ROJAS:

I agree. And that’s why I was being very careful, uh, be-, uh, because of their relationship, their close relationship with the, with the family. And, uh, I was being real careful how to, uh, I was gonna proceed or conduct the investigation on this one but I didn’t. _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 147 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ (Volume 9 Tab 4 Page 51)

Deputy Rojas stated that although he had cleared several cases with only a clearance sheet, his intent was to go back and write the supplements at a later date. He further stated that he told Sgt Seagraves that he was going to write the supplements. When asked if that was something he was directed to do or something he decided to do on his own. Deputy Rojas stated that it was his decision and he had informed Sgt Seagraves of his intentions. When asked if Sgt Seagraves was aware that the supplements for many of the cases that were cleared with only a clearance sheet still had supplements that needed to be written, Deputy Rojas stated, “Yes, she did.”

MORTENSEN:

I just got one question. On all the ones that you exceptionally cleared and intended on going back and writing your supplements and attaching that to that is that just somethin’ that you decided on your own to do or were you ever instructed to do that? No, it was something that I decided on my own because I even told Sergeant Gr- Seagraves. I know that I told her, um, I know that you just have the clearance forms right now but I’m telling you I’m gonna go back. My intent is to go back and, uh, write up the necessary summaries for, for those reports. So she knew that you still hadn’t written summaries on those? Yes, she did. (Volume 9 Tab 4 Page 61)

ROJAS:

MORTENSEN: ROJAS:

When asked if he violated MCSO Policy GJ-6.4.C (Criminal Investigatons _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 148 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ Organization and Administration-Detectives Responsibility for Follow-Up), by failing to write the necessary supplements for SVU cases assigned to him, Deputy Rojas stated “… yeah, I would say that I have.”

LICKING:

So would, would you say that you violated that Policy by not? Goin’ back and doin’ it? Right. Well, now after the fact, yeah, I would say that I have. (Volume 9 Tab 4 Page 65)

ROJAS: LICKING: ROJAS:

When asked if he violated MCSO Policy CP-2.11.F (Code of Conduct-Dereliction of Duty), Deputy Rojas stated “…I would say that I have violated.”

ROJAS:

After two years, yeah, I would say that I have violated. (Volume 9 Tab 4 Page 66)

When asked if he violated MCSO Policy CP-2.1.A (Code of Conduct-Conformanc to Office Directives), Deputy Rojas stated “Oh, yeah, absolutely.” ROJAS: Oh, yeah, absolutely. (Volume 9 Tab 4 Page 66)

When asked if he violated MCSO Policy CP-2.29.B.3 (Code of ConductIncopetence), Deputy Rojas stated “Yeah, I mean I, I failed to meet standard…” _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 149 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ ROJAS: Yeah. I mean I, I failed to meet standard the, the part. (Volume 9 Tab 4 Page 67)

In the five minutes after the interview during which Deputy Rojas was entitled to speak freely, he indicated that the SVU was very busy and the addition of the El Mirage cases added to their already busy case load. With their busy schedule they went back and worked their cases when they found the time to do so. He stated that it was never his intent to be negligent in his duties and that he fully intended to write up the case supplements at a later date.

Interview with Former Lt Kevin Riddle #546

On June 3rd, 2011 I conducted an Internal Affairs Administrative interview over the telephone with former MCSO Lieutenant Kevin Riddle #546. Lt Riddle was in GID over the SVU from March of 2008 until after April of 2009. When he transferred, Sgt Greg Lugo was assigned as the SVU Detective Sgt. He and Sgt Lugo were responsible for overseeing the 2008 SVU case audit. Kevin stated that from early on he realized that there were problems with the case management of the SVU. He stated that when he first arrived and asked the unit how many cases they had assigned to them he got “…a deer in the headlight look.” When asked where their data base was for tracking cases, the SVU detectives stated “I don’t know.” Due to the fact that Sgt Seagraves had already transferred out of the SVU, Kevin _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 150 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ stated that on the two occasions he talked to her on the phone he found out that she didn’t have knowledge about the unit’s case data base or exact case loads.

RIDDLE:

So once I went down there, then fairly quickly Brad, I started seein’ some issues and some things going on and started hearin’ the grumblings from the troops and just sheer numbers. And that’s one of the first things that I did right off the get go and it kind of opened this whole thing is I, I asked what’s your case load? And it was incredible but I got a deer in the headlight look. Huh. And people were like case load? Um, well, I’d have to count my cases. Okay, well, where’s your, where’s your database on assigning cases of who’s got what? Uh, you know, you could just tell, uh, I don’t know. Wow. So right away I could tell somethin’s amiss. Now did that did you get that, um, from Seagraves as well or just the Detectives or who? Um, I didn’t really talk to Kim too much. Uh, there was only about two occasions that I really called her, um, and every time I called her it was pretty much she didn’t have any knowledge of data bases and, uh, exact case load. I asked her how she kept it and she said that each case agent kept their own case load. Okay. And.

LICKING: RIDDLE:

LICKING: RIDDLE: LICKING:

RIDDLE:

LICKING:

RIDDLE: And so I, I could tell right away that she really didn’t have a clue _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 151 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ because I’ve just learned through my career that when I get in charge of an area, one of the things that I need to get a handle on is how much staffing do I have, what’s the work load, uh, what’s my resources? Am I understaffed, overstaffed? Can I you know where am I? (Volume 9 Tab 10 Page 6)

When asked if it appeared that Sgt Seagraves didn’t have a handle of case management, Kevin stated “No, she really, she really didn’t.”

LICKING:

Wow, okay. Would it, would it be fair to say that, um, well, I guess I’ll just ask. Did, did she just not, uh, um, really seem to have a handle on any of the case management type stuff? No. Okay, gotcha. No, she really, she really didn’t. (Volume 9 Tab 10 Page 7)

RIDDLE: LICKING: RIDDLE:

Interview with Sgt Greg Lugo #1480

I conducted an Internal Affairs Administrative Interview with Sgt Greg Lugo #1480 on March 9th, 2011. Sgt Lugo had transferred to the SVU as the Detective Sergeant at the end of January of 2008. Lt Kevin Riddle transferred to GID and oversaw the SVU in March of 2008. _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 152 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ Shortly after his arrival, Sgt Lugo stated that he began receiving calls from people requesting the status of their sex crimes cases. After receiving a number of complaints from different victim’s upset that nothing had been done with their case, Sgt Lugo began to make a list of those cases that he called “Discover Reports” and kept them in a separate binder. Some of the incidents brought to light at that time were found to have been cleared “Inactive” or had been left “Pending” for an extended amount of time. Sgt Lugo stated that after a number of these cases were reviewed, it became apparent to him that some victims may not have been given an appropriate amount of service and some cases may not have received the appropriate amount of attention.

LUGO:

Um, originally at the time okay, well, um, maybe there wasn’t a, a belief that they were cleared inappropriately but there was a belief that obviously the service being provided to these to the victims of these crimes there was a, uh, what I felt, uh, just, uh, was not appropriate. They were not being provided with any type of, if you wanna call it, service, um, uh, that their case received, the appropriate attention, attention that needed to, to receive. (Volume 9 Tab 1 Page 12)

Sgt Lugo said that he brought up his concerns to both Lt Shoeninger, who left within a month of the discusion, and again with Lt Riddle when he took Lt Shoeninger’s place. After reviewing the cases presented, Lt Riddle appeared to have the same concerns. At that time it was decided to generate a “case log system” for all the SVU detectives open cases. Until then, it appeared that, although RMS seemed to be used to a certain extent, there was no clear system used by all the SVU detectives. When RMS was used, it appeared that it was not always accurate. It was then required for each SVU detective to compile a listing of all cases assigned to them. Sgt Lugo eventually created a computer spreadsheet case log system to organize each case by detective. The spreadsheet also contained entries for case status updates, which Sgt Lugo required to be updated every thirty (30) days. At one point, _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 153 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ since every case would have to come across his desk in order to get signed off anyway, Sgt Lugo took over the responsibility of keeping the detective’s computer case log updated. After this system was updated, RMS was also updated to show the correct status of every SVU case assigned. A paperflow system was put in place to organize the receiving and assigning of SVU cases and a written manual for this system was created for reference. When Sgt Lugo and Lt Riddle discovered that the SVU was not maintaining a division file for SVU cases, a division file system was put in place so that there was a centralized point of access for SVU cases. Sgt Lugo noticed that many of the clearance sheets turned in to him were in several different formats and many of the reports were lacking adequate supplements to justify the case clearance. A standardized clearance sheet was created and implemented to ensure that all cases would follow the same criteria prior to clearance. Sgt Lugo stated that they began to find cases in which the manner of clearance used was questioned. After finding several cases which had been cleared which had investigative actions that still appeared to be required, a decision was made to open up all previously cleared cases as far back as January 1st, 2005 forward, to ensure that the proper investigative actions had been taken with each case. When asked if they actually reviewed every case from that time forward, Sgt Lugo stated “Every single one.”

LICKING:

…you might not necessarily to look through all one hundred percent I’m assuming, but you would at least take a good number of each Detectives cases or did you actually go through? No, every one… (File two)

LUGO:

LUGO:

Every single one… (Volume 9 Tab 1 Page 35)

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 154 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ Sgt Lugo said that detectives and posse members were then required to go to MCSO Records and make copies of every sex crimes report that fit the time period in order to be audited. The cases were then reviewed to determine what, if any, investigative actions were lacking. A case review sheet was generated for each auditor to use when reviewing cases so that it if a case was lacking investigative actions, it could be documented and given to a detective for follow-up. (Sgt Lugo later stated that the number of cases that were reviewed was approximately five hundred (500).) When asked, Sgt Lugo said that he remembered gathering items of evidence from Deputy Eric Haarala some time in July of 2008. Deputy Haarala had been assigned to the SVU and when he transferred out of the unit, took the items home with him. At some point it came to light that he still retained the items so Sgt Lugo met with him to retrieve them from him. When asked if he was aware of any other SVU detective besides, Jim Weege, Mary Ward, Roy Rojas, and Eric Haarala, that had mis-managed property and evidece, Sgt Lugo stated, “…I would say, no.”

LICKING:

Okay. Besides those individuals, is there anyone else that you can think of that also had an issue with, uh, mismanaging property and evidence? No, not, not, uh, of those of the Detectives in Sex Crimes. I would say, no. (Volume 9 Tab 1 Page 51)

LUGO:

When asked, Sgt Lugo said of the reports that were reviewed, many of the clearance sheets had been signed off by the previous SVU Detective Sergeants. Although they had the previsous supervisors initials on the clearance sheets, Sgt Lugo stated that he could not say if they read them.

LUGO: And that’s also why we put into procedures a place. There are several _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 155 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ of them that we came across and I have, uh, well, I have copies of clearance sheets, um, that basically show that their initials or signature on the bottom. So it shows that it’s yes, it came across their desk. They had to have signed it or initialed it, whether they read it or not I, I can’t say. (Volume 9 Tab 1 Page 56)

Email Recovery for Lt Suzanne “Kim” Seagraves (Regarding SVU Case Supplements)

After requesting that the emails for Deputy Rodrigo Rojas, Lt Brandimarte, Lt Seagraves, and Capt Steve Whitney, be retrieved through a Maricopa County “Office of Enterprise Technology Infrastructure Support Email Recovery”, Case Disk #320633 was provided to me to review emails that were in reference to the Special Victim’s Unit during the period between January 1st, 2005 through July 1st, 2008. The following email was found in Lt Seagraves MCSO Outlook Email Account, which showed that the failure to write SVU case supplements by some members of the SVU, had a negative effect on the ability of the Maricopa County Attorney’s Office to conduct their business in a timely manner. The email was originally from Deputy Maricopa County Attorney John. F. Beatty addressed to James Weege on November 14th, 2007 and was in reference to the case “St v John Byrne”. The email disclosed the fact that case supplements had not been completed and were needed for the following individuals: “Sgt Seagraves, Det Ward, and Det Falbab”. The email from John Beatty read, in part: “Jim, In preparation for today’s hearing and during it, I came to realize there are many things we are still missing from your office regarding disclosure. First, every deputy that had anything to do with the investigation needs to compose a supplement, including but not limited to Sgt Seagraves, Det Ward and Det Felbab.

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 156 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ Second, I need copies of all physical evidence in this case, including all media. Third, I need all supplements and evidence sheets. Fourth, ANYTHING else, no matter how innocuous. Let me decide on whether it should be disclosed, okay? We need to disclose everything to the defense ASAP. This defense attorney is honest and competent. We may very well be proceeding to trial, which means the defendant will keep all of his appellate rights. Please get these materials to me no later than November 16. I need this because I have to disclose all evidence prior to giving a plea offer (Rule 15.8 allows a defendant to consider his plea options for 30 days after the last time evidence is disclosed to him). Thank you for your prompt reply to these requests.

John F. Beatty Deputy Maricopa County Attorney…” (Volume 40 Tab

The response from James Weege showed that he forwarded the email to Sgt Seagraves which simply stated “If you could write a small supplement thanks. Jim”.

SVU Audit-Procedures Enacted in order to both Identify and Correct Deficiencies found within the SVU

The following is a listing of the major actions taken during the audit in order to determine the extent of deficiencies within the SVU: _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 157 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ 1) The SVU case logs for each detective and the detective sergeant were investigated in order to determine what cases the SVU showed currently active/closed. 2) An extensive search of the MCSO Report Management System (RMS) was conducted in order to determine the true number of sex crimes cases generated between the affective dates that should have been assigned to the SVU. The total number of cases found was approximately 508. 3) A “Power-Squad” was created, which was made up of several detectives and a Sergeant from within GID, whose primary responsibility was to assist in the audit of the SVU. 4) It was determined, by comparing SVU logs with RMS reports, which cases that the SVU was not aware of being open and had need of being assigned to an SVU detective for follow-up. 5) The audit focused on approximately 503 sex crimes cases identified in RMS. Of those 503, it was determined that approximately 408 required additional follow-up before finally being cleared appropriately. Of the original 503, it was determined that approximately 40 of those cases belonged to the City of El Mirage. After notifying El Mirage P.D., it was determined by El Mirage P.D. that they would retain those cases and perform the necessary follow-up. 6) A complete inventory of the SVU offices was conducted in order to determine if there were any more pieces of evidence that required impounding into the MCSO Property Room. 7) The computer hard drives for Detectives Ward, Weege, and Rojas were “mirrored” and made available on the GID “W” drive, in order to determine if further case information could be obtained for those cases previously assigned the each respective investigator. 8) The City of El Mirage was notified of open/closed cases that might require a review to ensure proper investigative actions were taken for each. _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 158 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ At the completion of the audit, the following procedures were implemented in order to correct the deficiencies with the cases identified as “workable” and prevent future case mismanagement within the SVU:

1) SVU members were briefed on both, proper case clearance in accordance with MCSO Policy GJ-6 (Criminal Investigations Organization and Administration), as well as, utilizing the “Case Tracking II” software in order to establish a centralized electronic tracking system for all SVU cases. 2) A centralized SVU Division File was created in order to maintain a “hard-copy” of each case forwarded to the SVU for follow-up. 3) Of those 408 cases determined to have pending investigative action, it was found that approximately 40 of those cases belonged to the City of El Mirage. El Mirage P.D. was notified of the 40 cases and the fact that they had investigative actions requiring follow-up, in order to ensure each case could be investigated properly. 4) The remaining 361 cases (from the original 408) were re-opened and assigned to the SVU (assisted by the “Power-Squad”) in order to complete the remaining investigative actions required in each case. The remaining investigative actions for each case were completed prior to each case being cleared properly. 5) The items of evidence improperly stored in Detective Ward’s, Weege’s, and Rojas’s offices were inventoried and impounded into the MCSO Property and Evidence Room. Those items of evidence from Deputy Haarala were also inventoried and impounded. 6) Case Management for the SVU was properly implemented. This was accomplished, in part, through the creation of an Operational Manual for the SVU which described in detail the procedures each member of the SVU was expected to follow for the proper handling of sex crimes cases from the onset of being assigned a case, to its completion. Each member of the _______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 159 Holmes#S0982 Typed by: #S1122

MARICOPA COUNTY SHERIFF’S OFFICE Internal Affairs Division Case Summary IA # 08-0080 _______________________________________________________________________ _ SVU was both briefed on, as well as provided access to, the SVU operational manual. It was also required that MCSO’s Report Management System (RMS) would be utilized by the SVU, in conjunction with the “Case Tracking II” software, for proper case tracking.

In conclusion, this investigation showed that, not only were several deficiencies within the SVU revealed, but more importantly, several procedures were put into place to not only correct those deficiencies, but also enhance the SVU so that it would operate more efficiently in the future.

_______________________________________________________________________ _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K. 160 Holmes#S0982 Typed by: #S1122

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