Critics Ask County to Reject Review Board Changes Sought by Roache

A planned civilian review board to investigate complaints against the San Diego County Sheriff’s Department will be totally ineffective if last-minute changes requested by Sheriff Jim Roache are adopted, supporters of the board said Thursday.

Representatives from the American Civil Liberties Union, civil rights lawyers and people who are suing the Sheriff’s Department for alleged mistreatment called for the County Board of Supervisors to reject the sheriff’s requests at its next meeting Tuesday.

“The changes sought by the sheriff would destroy the review board’s ability to fulfill the voters’ mandate for independent, effective and credible civilian oversight,” said Betty Wheeler, ACLU legal director for San Diego and Imperial counties.

Of biggest concern is Roache’s suggestion that the review board wait four months after a complaint is filed to begin its investigation. The Sheriff’s Department would use that time to complete its own investigation and would turn its findings over to the review board.

Any information uncovered during the internal investigation would be kept from the review board until the investigation was finished.

The ACLU and others believe that evidence and witnesses would disappear during the four-month period.

In responding to the criticism, Roache defended his suggestion, saying that having two investigations going on at the same time would be confusing and inefficient.

As for withholding information about the investigation, “if you stop in midstream, the information that you send to them might give them a false picture,” he said, adding that, in any investigation, all data must be collected and evaluated before findings are released.

Wheeler noted the videotape of Los Angeles police officers beating a suspect that received national attention this week and launched an internal Los Angles Police Department investigation.

“If that were to take place in San Diego, and a review board like the one proposed (by Roache) is in place, it would have to say, “We’ll send that to the sheriff’s for review, and we’ll get back to you in four months.”

According to the ACLU, Roache also suggested that the review board avoid making recommendations on whether or not people under investigation should be charged with a crime. The board also should avoid passing judgments of criminal guilt or innocence.

Roache also called for the board to make all of its records available to the Sheriff’s Department, unless prohibited by law, while access to department records by the board could be denied.

The San Diego County Grand Jury in May, 1990, recommended the formation of a “strong and independent” citizens review board amid allegations of deputy misconduct and abuse. The jury also noted that the sheriff’s internal affairs unit is not equipped to handle the flow of complaints it receives.

Voters approved a measure to create the review board by a 61% margin in November, Wheeler noted.

The Board of Supervisors drafted an ordinance officially forming the review board and asked for public comment from Dec. 13 to Jan 10. Roache said his suggestions came in late because he did not take office until Jan. 7.

The first reading of the draft ordinance is scheduled for Tuesday, Supervisor Brian Bilbray said. Roache’s suggestions, as well as the public’s comments, will be considered then.

“There is no way in the world you are going to see the Board of Supervisors sell out the people’s mandate on this issue,” Bilbray said.