Pasadena Police Department Audit

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Veritas
Assurance Group Inc.

PASADENA POLl
DEPARTMENT
l-'01q.·ive Operations

De

Ronald C. Sanchez, CGAP

(661) 803-9364
[email protected]

TABLE OF CONTENTS
I

I. Introduction
II. Acknowledgements

5

..

Ill. Engagement Staff Qualifications

...

IV. Engagement Work Plan

..

Audit Scope and Methodology

.

Audit Sampling
Audit Impairments
V. Training

.

Training Programs for Follow-up Investigators
Objective No. I: Training Management Syste
Objective No.2: Training for Detectives

1

:-~~"~t....

17

.

19

Objective No.3: Training for Profess'

22

VI. Detective Policies and Proced~;:l'l=:tlo.:

25
25
26

28
30
VII.

35

35
36
38
Objectil
hiecti

o. I: Response to Crime Scenes
No.2: Evidence Collection & Analysis

Objective No. "3: InterYIew

&

..

39

.

41

Interrogation

Objective No.4: Investigative Documcntation

.

58

.

Objective No.5: Organization of Case Book

.

67

Objective No.6: Supervisory Oversight

.

71

Use of Informants

.

75

VIlI. Non-Homicide Investigations

.

79

Audit Sample & lmpainnents

..

79

Audit Methodology

.

81

Objective No.1: Follow-up Investigation

..

82

Objective No.2: Charge & Case Disposition

..

86

Objective No.3: Disposition of Evidence

..

Objective No.4: Case Management System

..

Objective No.5: Supervisory Oversight
IX. Unconstitutional Policing Personnel Complaints
Background

"

"

"

"

Audit Sample & Methodology

94

Policies Governing Personnel Complaints

95

Objective No. I: Complaint Intake

r

~:,;,;:~

Objective NO.2: Classification of Com lld'Tllt

97
99
101

Objective No.4: Quality of Ad'

103

Objective NO.5: Retentio

106

X. Closing Comments

108
ACHMENT

AllachmeD'~~ru~~~'

Verifas

~

Assurance Group Inc.

As you approach the Pasadena Police Department, you can't help b

buildings that comprise Pasadena's Civic Center. To the left i

.ght lies the old

Pasadena Library and directly ahead is the Police Buildin
approach the front door to the Police Station. there is a larg
of the floor. The Pasadena Police Department bad~~~~~!ll~he center of that plate and it is
surrounded by three of the Department's mOll

In writing this report, we

'ch is:

. alance between the actions a police officer is

rlI"[~~t.:;J~~rntices."

So, in keeping with the Department's motto so

on lat brass plate, the focus of this engagement goes beyond simply
·nt'· compliance with minimum legal standards. Instead, it provides a
road

ap for

I

'

e'

ent to "get the job done" in a manner that is effective, while remaining

respc 'lful of7ilizens and consistent with this great nation's Constirutional principles.

Ronald C. Sanchez,
President and COO
Veritas Assurance Group, Inc.

PASADENA POLICE DEPARTMENT
PERFORMANCE AUDIT OF
DETECTIVE OPERAnONS
FINAL RF:rORT
December 8, 2014

CHAPTER I: INTRODUCTION
For several years now, the Pasadena Police Department has been the subje
scrutiny. This has been punctuated by several key incidents most l)!
involved shooting ofLe Roy Barnes. the 2010 shooting of She

In

W,

II

shooting of Kendrec McDade. These incidents were all in' ·tiga
the Department's HomicidelMajor Assault Unit. I
Department entered into a contract with the Los:
(OIR).2 Under that contract. the OIR review
and McDade officer-involved shootings.
and, while identifying some areas fo

~~

f he Barnes case has been released

investigation.
tar News, the FBI has "opened a probe" into
ey's office is "reviewing the material" it received
lit h' ac

1

~ of some detectives J In addition. an unusually acerbic

n the homicide detectives and some members of the (defense)
l!Ili.:;e",.~1

newspaper articles and televised interviews airing the attorneys'

'the m nner in which the detectives have conducted investigations. Those
included peljury, bribery and hiding exculpatory evidence. One lawyer sent the
. ~''''''JI:.::.r.claration from an alternate juror stating that she believed one of the detectives
"invented evidence" against a murder defendant. There was also an allegation that a detective
kicked down the door ofa lawyer's home to serve a search warrant in retaliation for the lawyer

1 The
2 The
3

unit's name has changed somewhat over the years. but its area of responsibility has remained fairly CO!1o;;stcnl.
County has deactivated the Office ofTndependent Review in lieu of the Office ofTnspcctor General.

Various Pasadena Star Ne"\'$ articles including one on February 13, 20l3.

Pasadena Pol ice Department
Perfonnance Audit of Detective Operations
Final Repon
Page 2

insisting that he be present when the detective interviewed his client. It is not surprising that
several of these incidents have become the subject oflawsuits, some of which are currently
pending in court.
The community itselfhas expressed its concern. Mr. Joe Brown, fonner President of the
NAACP's Pasadena Branch, has been quoted in several newspaper articles expr~sing his
concern that, "The residents' patience with the police department is running thin.'
expressed concern about several specific homicide detectives describing II
keep hearing when our young men bring up the cops they are havin~ssues \
But Mr. Brown was also quick to commend Chief of Police Ph-) p a
Chief Sanchez, there has been a change.

vha

disciplinary action."
In 2012, Chief Sanchez asked the Los Angeles C
several of these misconduct complaints_ On
the Sheriff s Department had completed_-__ ~"

he Department announced that
d that six of the eight allegations that

officers beat suspects, threatened wil
sustained due to lack of evidenc,J'lI?... y
In February 2013, Judge
dismissed a 2007
failing to produc
detective .tes required to I

homi~

Fidler, a highly respected member of the Los Angeles judiciary,
case

I~r ruli~ that the detectives had committed misconduct by

• cui atory evidence_ In the hearing leading up to that ruling, a
ad never heard of the Brady rule and was unaware that he was
-de,,'c thaI might be exculpatory_ In his ruling, Judge Fiedler
mce 's testimony by asking rhetorically, "Does he think I'm a turnip fanner

that ruling, Pasadena Mayor Bill Bogaard and Chief Sanchez announced they
were initiating a comprehensive independent audit of cases handled by the Detective Bureau.
Specifically, they asked Veritas Assurance Group to examine the Department's homicide
investigations dating back to 2005 as wcll as a cross-section of other investigations and criminal
case filings to ensure consistency in reporting and evaluate procedural adherence_ Shortly after

Pasadena Police Department
Performance Audit of Detective Opcrations
Final RCP0rt
Page 3

the engagement commenced the review was expanded to include an audit of personnel
complaints alleging Unconstitutional Policing by detective personnel.
Veritas' team of subject-matter experts (SivlEs) spent the next six months conducting a rigorous
review of homicide cases, non-homicide cases, personnel complaints, detective practices and
training programs. The Institute of Internal Auditors (IIA) provides the followi
internal auditing;

"Internal (luditing is (In independent, objective a,uurance and consulti
0
tfi:ation
designed 10 add vallie and improve an organization's operation t help"
accomplish its objectives by bringing a systematic, discipline
ach 1 eva"~ate and
vernan
ro. Us,
improve the effectiveness ofrisk management. co1ltrol GIl

established procedure has been followed and. if no
.corrective action taken at the supervisory and!

eficlcncy was identified and
t levels, Audit assessmcnts tend to

concentrate on risk exposures and make recom
those exposures while maintaining op. .!lion I
focus on deficicncies while reco

ing

Auditors cannot simply bask ·li"\l,e t

So audit reports such as this tcnd to
t deal of the work was pcrformed correctly.

s tli

ent right. but need to identify the things that

uialfacto~, be it human error, control weaknesses, or systemic
I

supervis0r or manager review it and, if so, did they identj fy
control weakness or systemic failure, why didn't the controls

ace idcntify the exposure and bring it to the attention ofa supcrvisor
orgal .at on's ability to identify and correct errors is a critical componcnt of its
el~ent

strategy and every significant error must be evaluated under that

stan
With respect to this engagement, we found a group of extremely hard-working detcctives who
frequently brought violent criminals to justice. However. we found a serious lack of formal
training for those detectives, weak policies regulating the way in which criminal investigations
are to be conducted, very little visible supervisory oversight of day-to-day operations and serious

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 4

flaws in the Department's records and case management systems. ln some cases, we found that
supervisors either knew or should have known that subordinates were violating Department
policy, but took no corrective action: Some officers were allowed to operate extremely close to
the line of legality with little or no visible ovcrsight from supervisors who either knew or clearly
should have becn aware of their subordinates' actions. These supervisors had a r
the Department, their subordinates and the people of Pasadena to correct these "
they did not. Equally important, their managers did not hold them account3ble.
It is important to kecp in mind that most of the cascs reviewed in t
2005 and 2009; many improvements have bcen made over the
that were being implemented wllile this audit was being co 1
improvements throughout the report. Additionally, this au
homicide and felony-assault cases. This engagem~~~m~~~
investigations done by other detective "tables'
Prior to continuing, we want to take this

I two potential misconceptions:

I. Ron Sanchcz, President an,t.I~"'.'"
ot met prior to this engagement.
2.

lfnchez and Senior Perfonnanee Auditor Dan Koenig,
..:ment executives. This may lead some to believe that our
epartment is something less than honest, thorough and
t skeptical group, we can only say you have never actually met us
iar with our work. s
.."

... 1

,
THIS SECTION LEFT INTENTIONALLY BLANK

~ Officers approving felony bookings and failure to repon uses of force are two prime examples.
S References are available.

Pasadena Police Department
Performance Audit of Detective Operations
Final Rep"l1
Page 5

CHAPTER II: ACKNOWLEDGEMENTS
We were extremely pleased with the professionalism, transparency and receptivity displayed by
nearly every member of the Pasadena Police Department we encountcrcd during this project.
We very much appreciate their candor and commitmcnt to providing the people of Pasadena wilh
the best possible police service. In particular. we would like to recognize four i
provided invaluable support to this engagemcnt.


Police Chief Philip Sanchez has been consistently receptive and Sl
entire effort. Throughout this engagement each and every
understood that Chief Sanchez expected complcte tra
expectation was met and the members of the Dep)!
provide us with the information we needed.

Ve mus

lat on the two occasions

we encountered potential impediments tl
cases Chief Sanchez dealt with the is!

isively and most importantly, with

honesty. His commitment to a t

review is greatly appreciated.

Chief: Thank you sir!


t

We had access to the training and internal

nsured that we were pro,,;ded with any missing infonnation.

n Perez facilitated our review of detective operations. He was the

to Improve the Department's detective operations. Most of the improvements the
Department initiated since we began this audit were Commander Perez' doing. (These
improvements are enumerated in Chapter VI: Detective Policies & Procedures.)
Thank you Commander Perez!

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final RCP0l1
Page 6



Lieutenant Terysa Rojas was our daY-lo-day contact. She assisted us with obtaining
cases, describing Departmental workflow and interpreting the myriad subtleties that arc
part and parcel of every large organization. She proved herself to be, without question,
one of the most competent mid-managers we have ever encountered. Without her, this
study would not have been completed and the Department is truly fortuna"c to have her.
Thank you Lieutenant!

We would also iike to acknowledge the key detectives we interviewed wit
anonymity. While they won't be named in this report, they deserv
comfortable having a stranger come in and dissect your investi
mistake you made. Homicides are very complex investiga i
parts." As one of our Subject MaUer Experts commented, •
paperwork and not make some mistakes." The d~
candid. We greatly appreciated their cooperatim.

i

lank

We also want to recognize the Chiefs Offi";;;::>..!o:.u"~
like to personally thank Ms. Beverl
Fyles. Lastly, we want to take

We would
aray, Ms. Susana Castro and Ms. Lola

recognize Police Cadet Brandon Anderson
is attention to detail was simply amazing and

greatly appreciated!

THIS SECTION LEFf INTENTIONALLY 8LANK

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 7

CHAPTER 1II: ENGAGEMENT STAFF QUALIFICATIONS
The Project Manager (PM), Ronald C. Sanchez, has 38 years of related professional experience.
Thiny-one of those years were as a law enforcement professional. Of those 31 years. 24 were in
investigative, supervisory. mid-level management and

comm~nd

positions. The PM has

extensive experience as a law enforcement perfonnanee auditor and Chief Audi
(CAE). He is a Certified Government Auditing Professional (CGAP) and has an
in Internal Audit Quality AssessmentlValidation from the Institute oflme
has completed numerous professional post graduate courses inelud' ~ The
HalVard University's Kennedy School of Govemment and Stat'

IC

IS

by the United States Department of Agriculture (USDA) C
the Institute of Internal Auditors (ITA). The PM currently t
national level and his company, Veritas. provides
testimony for numerous clients. The PM has

management assignments include ro

es, homicide. burglary. auto theft and
Institute of Criminal Investigations (ICI)
Auditor for the Commission on Peace Officer

The Senior Constll

inve

Inve

n! ost KnOWledgeable (PMK) of this engagement. Dan

galt ns a.!!§l, as.; command officer. supervised and managecj detectives assigned to
ate maj r crimes including homicides. robberies. bombings and extortions. He has
rous management audits and has published several major reports that have

proven themselves to be of interest to the broader law enforcement community. He has served as
the executive director for a major city police department's Board of Police Commissioners. He
has extensive experience providing management support to several public safety agencies
including the development of risk management strategies as well as assessment and adjudication

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 8

of personnel complaints and use-of-force incidents. Veritas' Senior Consultant is also a
Management Consultant and Special Auditor for the California Commission on Peace Officer
Standards and Training (POST).
TIlis engagement's Senior Subject Matter Expert, Mike Thrasher, is a retired Detective Supervisor
with more than 32 years of Law Enforcement experience with a major city police d~L¥nn
spent 21 of those years supervising detectives responsible for the investigation ofrobbe
extortion, fraud., gang-related crimes, officer-involved shootings (non-hit),

sex.1@Io~

homicides. He has extensive knowledge in the areas ofrobbery and h
investigated more than ISO homicides and in over 5,000 robbery

He was the

Officer-in-Charge (0lC) of a Robbery and Gang Crimes Uni
Homicide, Gang Crimes and Sex Crimes Unit for five years.
homicide and robbery investigations and has testifie

~i1ime;~~p'

retiring from his full-time position, he became
Agency's Cold Case Homicide Unit. He h

~

the Los Angeles County District Atto
completing the five-day Homicid
Agency Training Council and
Investigation Service an

Investigation course through the Public
Co

Case Seminar through the Naval Criminal

orcement Training Center. Mr. Thrasher is a long-time
'fomia Robbery Investigator's Association and the Califomia

SUbj~

maj

Expert

city poh

arks retired in 2008 as a Detective Supervisor after 35 years with a
ent. During that time he was the primary investigator on 128 murder

I

d assisted with or supervised the investigation of several hundred more. During

fN~l2'<i.rs of his

career, Marks led a team of investigators who were responsible for the

investigation of officer-involved shootings and arrest-related deaths, along with their attendant
risk-management issues. Since 1990, he has co-instructed a block of instruction on Crime Scene
Investigation at a POST accredited Homicide School. After retirement, he became a reserve
officer for a major city police department where his primary responsibility continues to be the

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final RCP0rt
Page 9

review of unsolved murder cases, assessing the evidence and investigation in order to make
recommendations regarding the practicality of pursuing additional investigation. Over the past
four years, he has also provided prosecutors in two Southern California jurisdictions with written
murder scene reconstructions and testified in Superior Court regarding those reconstructions.
Subject Mattcr Expert Jim Freund has 33 years of law enforcement experience,
in a variety of investigative assignments including homicide, robbery, sexual assau
auto theft, extortion, embezzlement, insurance fraud and street gangs.
he was assigned specifically to homicide and death investigations.

..-

Duflll"!}:n~

,..

assigned as a homicide investigator/supervisor and for the last
investigators who were responsible for the investigation of

I

Freund was involved in over 200 homicide investigations an
investigation of over 100 more homicides. Duri,
100 times in Superior Court and has also

Throughout his homicide career,

Subject Matter Expert Ja

tes~

Freund::J~~~

r y 30 ycars oflaw enforccment experience which
tigations and supervising detectives. She has extensive

~ii&i~l::!t~:llve>1Igations of assault-related crimes, particularly those of a
~:d

in several assignments as a homicide investigator and at one

lleartread a Gang Homicide Unit. When her law enforcement agcncy
deci
Offi
range 0

alized Sexual Assault Unit. she was selected as the unit's Assistant
-in-~e. She has also been assigned to Intemal Affairs where she investigated a wide

duct complaints against the department's employees. Prior to her retirement two

years ago, she supervised detectives assigned to investigate Major Assault Crimes as well as
detectives assigned to investigate Crimes Against Persons.

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Rcpon
Page 10

CHAPTER IV: ENGAGEMENT WORK PLAN
On May 20, 2013, Vcritas provided the Department with a detailed audit work plan wbich was
subsequently approved. That plan detailed Veritas' commitment to conduct a full review of the
Department's policies, practices and procedures governing detective operations, as well as, the
level of investigative training provide to its detectives and Professional Standar
Affairs) investigators. Vcritas also committed to conducting in-depth audits ofho
investigations, non-homicide investigations and personnel investigations i
unconstitutional policing.
Generally, Veritas begins its audit reports with a chapter desc .
methodology and sampling technique. However, in this a
homicides, non-homicides and personnel investigations-rc
In some instances auditors evaluated entire popu
methodologies.

some random and others using dirccted and p
"T1le directed or plllposeJul sampl-"';·.nJ''';J;'l~,
manipulation and walll either to
lq
many ofthe suspected ilems
sampling. II is pure detec(' "
his or her sample will b But au I
from a directed sam e.
,

ors suspect serious errors or

cLto fluctuate in order to compensate for unrel iable data or to

probe areas of COl~lC~C~:m~~~.duringtbe audit. Tbe end result is that ample audit evidcnce

en to SUppOlt meaningful risk management and process efficiency
reco
Facl
that a

4a
udit

cha~ns with a description of the scope, methodology and sampling utilized for
a \'\s applicable, each chapter also ulentllles any auolt Impalnnems mal were

encountered. As an overview the following infonnation is provided as a general description of
the audit's scope, methodology, sampling and impainnents.
6

Sawyer's Internal Auditing 5 1h Edition, The Practice of Modem Internal Auditing, Lawrence B. Sawyer, JD, CIA..

P A. et-al (Page 438)

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page II

Audit Scope and Methodology
Consistent with sound audit mcthodologies, auditors conducted a full and thorough review of
each investigation selected for this engagement. Spccifically. auditors used the standard of due
professional care to evaluate each investigation for sound investigative practices, completeness,
timeliness, appropriateness of disposition.. report accuracy and evidence of superv.·sory and
management reviews. Auditors also evaluated each case for compliance with
policies and procedures as well as any evidence of inordinate risk-managL'ht nt expo•."""",,,.
The auditors developed a unique audit matrix for each of the three
auditors to capture specific data points for each investigation i
with sound audit standards and, as communicated in the A

vork papers went

through at least two levels of review. All homicides and th
subjected to a third or quality assurance level of r
Accreditation in Internal Audit Quality Asses' en
Auditors. conducted additional quality ass onC
spreadsheet which was used to comp'

. gs and support the recommendations

proposed to address anomalies
investigations.
Audit Sampling
Each ofthe three

~~~

sampling approach tailored to the scope and purpose of
g audited and the sampling impairments encountered. In

Ie data from the Department's computer systems in order to identify
a significant challenge. Auditors worked with the Department's subject

Audit Impairments
Each of the audit chapters describes the impairments encountered during that portion of the
audit. But in order to provide an overview of the Department's challenges in this area, we will

Pasadena Police Department
Perfonnance Audit of Detective Operations
final Rcpon
Page 12

summarize the dit1iculties encountcred in our cffort to identify the population of non-homicide
investigations.
The first set of data we received was supposed to identifY the number of cases assigned to each
detective; separate them by the "solvability" factor they were assigned (A, B & C); and, identifY
the disposition code for each case.' The data we received showed that 15,743 ca¥:s were'
assigned to detectives, but 7,135 of those cases (45%) were recorded under a hea
"blank." While it is not unusual for police departments to assign miscella.."."",,;:
number solely for tracking purposes, these "blank" cases included
robberies, 3 purse snatches and 48 burglaries. Cases of that

nan~;:-",~ ""'-Q~

data, PPD experts
.. They found different
disposition codes for the same case depending on ~~~ljlli.a~as conducted.
In addition to the unreliability of case classi

sition data, there were reliability

issues in two other key areas. First, the

e occurred. (The subsequent audit findings
of ese releases.) Secondly, the data did not identify
cases where a detective.

;;demeanor filing (hi-pass) without flTSt presenting the
here was absolutely no indication of any impropriety on
s, dele .ve releases and misdemeanor referrals have created problems

in other dep

ost egregious cases, abuse of release and referral authority has led

to po

rruption when unscrupulous detectives literally sold releases and misdemeanor

r"f", _Is to

crim0hts. f So. these investigative decisions need 10 be reported accurately,

judici

Iy rev' wed and approved. FaIlure to capture accurate aala ror lOese aClIvuit:s prt:st:IllS

a serious exposure in the Department's ability to manage risk.

Solvability factors and disposition codes are described in Chapter VI: Detective Policies and Procedures
Releases and referrals are discussed in detail in Chapter VI: Detective Policies and Procedures
Q This was ~ a Pa.-.adena Police Dep'1T1ment case.

7
1I

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page 13

In May, auditors met with the Department's Technical Services Section Admini trator to clarify
the relationship between the Department's key data systems. The Computer Aided Dispatch
System (CAD) manages calls for service and other field activity. Case file numbers are issued in
CAD upon request by the officer handling a call. When the officcr completes the reports,
preliminary data is entered into the Records Management System (RMS). Folio
information on cases assigned to detectives is supposed to be entered into the

ina1

Investigations (MCI) module which, in tum, updates RMS. When MCI is·
which was not being done to one degree or another during most of t e perio c
audit, then neither MCl nor RMS is able to produce reliable info
of individual cases, case dispositions by crime catcgory or
reliable information is exacerbated by the fact that no on
responsibility for imputing data into these systems iI

Recommendation No.1:

.. ~".oo:::::rtll,.
. t detective personnel use MCI to

track and manage cases.

Recommendation No.

,

I?artment should conduct a full review of its automated
I u

captured correctly and that those systcms are producing
nanngers and supervisors with their responsibilitics.

Re

urces and responsibility for fulfilling that critical function.

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page 14

THIS SICcrlON LEFT INTENTIONALL\' BLANK

Pasadena Police Department
Performance Audit of Detecti\'e Operations
Final RcpOl1
Page 15

CHAPTER V: DETECTIVE TRAINING
Training Programs for Investigators
Detectives in California are truly fortunate 10 have an entire array of training available to them
through the Commission on Peace Officer Standards and Training's Robert Presley Institute of
Criminallnvestigation (ICI POST). This unique program was started in the mi
State Senator Robert Presley expressed his concern that training for criminal inve.
seemed to be missing from POST's training programs. After holding seve
a core course curriculum was developed and piloted in 1989. The ~u(cess 0
quickly led to the development of foundational specialty cours
ICI. In 1994. ICI was formalized under California Penal C
"T7.e Robert Presley Institute ofCriminallnvesJjJ:ftU '
investigators ofCalifornia's 1m,· enforcement g,en itS
to meet the needs qfworking investigators

r. lted

I

which states:
Jv..llake vai/able to crimillal
..,"ifk'lIICed training program

w/

Since its inception, the motto of the ICI J;P-~Iffi~'~
Contemporary Curriculum." This 01

program's focus on providing a

y is the driving force behind the
cquipped with the knowledge. skills and

tools to deliver training usi
That focus ensures that
lbe rapidly changing tools available to today's follow-up
investigator.
to meet tod'

dunte highly trained and competent investigators who are able
hallcnges. To receive a Certificate from ICI, students must

comp el~e ore Course, one foundation specialty course and thrce elective courses relating to
the, dent's sp ~

a·If{. Because ICI courses are unique and have been designed especially for

'-lip i ·estigator. POST will not accept other courses as equivalent to the Core COllfse
or Foundation Specialty Courses.
The ICI Core Course is specifically designed to meet the needs of the Law Enforcement
Investigator in performing the multi-disciplined, multi-leveled tasks required for a thorough and
comprehensive criminal investigation. Through the use of practical and interactive experiences.

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page 16

officers are exposed to investigative techniques, including the use of cutting edge technology.
Students are involved in the investigative process through case studies: field exercises, such as
evidence collection and preservation; crime scene simulation; surveillance activities; and,
victim/suspect interviews and interrogations. The course culminates in preparation of search
warrants and presentation of the case to a Deputy District Attorney. At the concl
course the student will be able to:


Manage and reconstruct a crime scene;



Organize and employ effective case management skills;



Utilize effective interview and interrogation techniqu
witnesses and suspects;



Identify and access useful sources of info':':;;~l~~'Jl~:'::~



Validate their work through docume

Another core ICI course is the

Intervie:~!\M~

elective."lo It is specifically desicrn,,,,,,..,tA..

. vestigator's ability to gather testimonial

evidence legally from victims,
time investigator and is no

class, which is a ''universal

ects. It is specifically designed for the fullallaw enforcement use. In addition to the Core and

Interview/Interrogatio




tion (Basic)

":!:o'"

estigation (Advanced)




10

Domestic Violence Investigations

A universal elective can enhance any student's training program regardless of specialty.

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 17



Gang Investigation



Homicide Investigation (80 hour)



Homicide Investigations (36 hour)



Identity Theft Investigations



Internal Affairs Investigations (Basic)



Internal Affairs Investigations (Updates)



Narcotics Investigation



Ofticer-Involved Shooting Investigations



Robbery Investigations



Sexual Assault Investigation



Technology in Investigations



Vehicle Theft Investigation

ed specifically for those who are responsible for tbe
w-up investigators.

her assistant. Auditors reviewed tbe Department's Training Plan and examined
printouts of the training provided from 2005 to 2012 to all officers assigned to Detectives and
Professional Standards.

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 18

Findings
The Department clearly has made a major investment in providing its officers with high-quality
training. The training records for the vast majority of the supervisors and managers selected for
this portion of the audit indicate that they have attended either the Supervisory Leadership
Institute or Command College. These are both high-intensity "masters level" co
to develop leadership and critical thinking skills in organizational leaders.
We also noticed a high concentration of training in firearms and other sel
not minimizing those critical skills whatsoever, one has to wonder·
maintained between those and core investigative skills. (There· q
that apparent imbalance in the objectives that follow.) Wi
not appear that supervisors have much input and, therefore,
their subordinates receive. Additionally, oversi

t."~~~~~
histories which indicated they

attended the same 40+ hour class twice within a
duplication we found in each case th
rescheduled for the next availabl
the detectives were shown a

s. In researching the apparent
as cancelled and the detective was
no one notified the Training Coordinator so
e class twice. While beyond the scope of this

etective's training history indicating the completion
e rescheduled. Finally, we noticed numerous TMS entries of

~~ffiij;H~~ssesdescribed only as a "training seminar."

.-~

Without a

t was taught there is no way to document an officer's actual

menda 'on No.4: The Department should include supervisors in the process of officers
training

sts. This will allow supervisors to fulfill their responsibility of ensuring their

subordinates are properly trained.

Pasadena Police Department
Performance Audit of Detective Operations
Final Rep0l1
Page 19

Recommendation No.5: The Department should require that supervisors review their
subordinate's training records with them in conjunction with annual personnel evaluations.
That review should verify the record's accuracy and establish the employee's training plan for
the following year.

. Recommendation No.6: The Training Management System should inc
any seminar lasting 8 hours or more.

Objective No.2: Training for Detectives. Identify the
the Department's detectives have received.
Assessment
Auditors obtained list of all Police Officers, Co
assigned to Detectives from 2005 to 2 .


began (March 2013)


The training histo .

Auditors reviewed all oft

\ ere 7 Lieutenants. 8 Sergeants, 32 Corporals and 25 Officers
_",,,,,,,,,,,.or a total of 72 officers. The following chart shows the detective schools
leers attended by ranle

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 20

Detective Training by Rank 2005 to 2012
Investigative

Scene

Search &
Seizure

SpecialtyU

Homicide

OfficerInvolved
Shooting

S

4

Interview or

Assigned to
Rank

Detectives

Basic or Core
Course"

lieutenant

7

1

1

4

6

Sergeant

8

2

2

5

7

Corporal

32

6

9

25

26

Officer

25

0

1

11

18

Total

72

9

13

45

From fu, d,'" w' =ciw,d

Crime

rm <ill, porti"

'''h'

A'
'"

""~

-.

4

10'Yo
)

\~
X"23

y

15

'"d~~~J"



The one Lieutenant who attended the Basic~r~~:I}J:e<!t~ec~trive Course did so in 1998.



The one Lieutenant who received cri

did so in 1990.






ne training did so in 1992 and 2007.
nd an investigative specialty class also did not attend a
Scene course or an Interview or Search & Seizure course.
Basic or C:;pf~~~~f
He s\lDl~iw~ . HomicldelMajor Assault Unit during the time that most of the
.gat) ns selected for tlJis audit occurred.
_....~,o,eants (75%) attended SLI.
fthe 6 orporals who attended the Basic or Core Course, 1 attended in 1997,3 in 2004,

II

Specialties other than homicide and OIS investigations.

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Repon
Page 21



Of the 9 Corporals who attended a Crime Scene course I did so in 1992, I in 2005, 1 in
2006, 1 in 2008, I in 2009, 3 in 20 IO and I in 20 II.



All but 7 of the Corporals attended an Interview/Interrogation or Search & Seizure
course.



Six of the Corporals have not attended a specialty course. (We were

un~

if they were in an investigative assignment with mandated Irainin •.)


No Police Officer (excluding Corporals) has been 10 the Basi
least 2005.



The one Police Officer who received Crime Scene t



Eight of the Police Officers (excluding Corporals) h
(We were unable to determine if they wer

n

training),

Generally, mandated training is require",.,=r>;
regulated specialty. Because Poli

~

after a year in detectives, one

r of an officer's assignment to a
Lional" and are supposed to return to patrol
irement docs not apply to them. But. failure to

anyone assigned to conduct follow-uQ investigations is an
sure. t':rearly, the Department has a great deal of work to do
in ensuring its inv~~~~~g::o~

receive the formal training required for their jobs. Some

will argue th

. n-the-Job training" can compensate for a lack of formal training. That

may be true

'uP' Ions and may even be true in some facets of police work. but it is

abso

it comes to detectives who must:
Have a

I

orough understanding of the myriad scientific resources, investigative
es and interview skills that are available to solve crimes.



Be prepared to pass voir dire sbould their testimony be challenged in court;



Remain current on case law pertaining to nearly every aspect of police work; and.

Pasadena Police Department
Perfonnance Audit of Detective Operations
Fina I RCpO'1
Page 22



Have a good working knowledge of computer systems and resources available in the
cyber world.

Recommendation No.7: The Department needs to conduct a full review of its training
programs for detectives. The Department must begin the process of ensuring that each and
every detective, including officers rotating through the division, receives the
to be successful in their assignments.

Recommendation No.8: The Department should audit its
that is mandated by law, e.g., sexual assault, domestic vjJ e

programs attended by sworn staff assigne

...

~""'""'

Affairs) Unit.
Assessment

s and Lieutenants who were assigned to

Auditors obtained list of all
Professional Standards

hen auditors obtained:
everyone who was assigned to Professional Standards





ce 2005 for everyone who was no longer assigned there.
those training records to identify the internal affairs and detective~lmll!S

each officer attended.

o 2012, there were 4 Lieutenants, 5 Sergeants and 1 Corporal assigned to
Professional Standards. 12 The following chart shows the investigntive schools each group of
officers attcnded by rank.
I:!

Technically, Lieutenants are not assigned to PSU, they rn.:mage PSU as well as several other units.

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 23

PSU Training by Rank 2005 to 2012
Number
ProfStand

Basic Dr
Core
Course

SCene

Interview Dr Search
& Seizure

IA Invest

OfficerInvolved
Shootlns

Ul!uteniint

4

0

1

0

4

3

Sel1le.nt

5

0

0

4

5

Corporal

1

0

0

1

10

0

0

5

Assi8l'~to

Ronk

Total

CrimI!

From the data provided to us for this portion of the audit, it apl!


No one who has been assigned to PSU since 2005
detectives.



rse on crime scenes and thm
was in 1989.



None of the Lieutenants assig

05 attended the fnterv;ew or Search &

Seizure course.




nended the fA Investigation course.
SU since 2005 attended OIS school. (Two of the four
ti.ool are currently assigned to PSU.)
investigations routinely involve complex investigations. With lhat
I has a great deal of work to ensure its key personnel. such as those in

the
train!
of litigi

ining required for them to excel in their assignments. "On-the-job"
is simp~ inadequate, particularly for officers who are responsible for the investigation
:>,p'crtfonnel matters. While beyond the scope of this audit. the Department should also

ensure that PSU has sufficiently trained personnel to investigate critical specialties such as
domestic violence and narcotics/alcohol-related misconduct.

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 24

Recommendation No.9: The DepJrtment should conduct a full review of its investigative
training programs for PSU. The Department must begin the process of ensuring that each and
every investigator receives the training they need to excel in their assignments.

Recommendation No. 10: The Department should ensure that PSU investigat

/alcohol-related misconduct.

JON I)t:I'T INTENTIONALLY BLANK

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 25

CHAPTER VI: DETECTIVE POLICIES AND PROCEDURES
6.1 Detective Organization
Criminal Investigations Division (ClD) is one of three operational divisions headed by a
Commander who reports directly to the Department's Deputy Chief. The CID Commander is
responsible for conducting all of the Department's follow-up criminal investiga . ns as well as
special investigations including. but not limited to, vice, narcotics and the Departm
participation in various investigative task forces.
From about 200 I to mid-2011. ClD was organized under crime-s
which was the industIy standard at that time. For example, tl
robberies, but they also handled purse snatch crimes. Th
commercial burglaries, but they also handled thefts.

~::::-.~

upon the table's projected workload.
In May 2011, the Department shifted its app

te

ti,,~staffing

and implemented a two

.on and the other handles crimes
e ch section and sergeants are distributed to

eration structure from 200 I to the present time:

THIS SECTION LEFT INTENTIONALLY BLANK

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Rcpon
Page 26

Detective Organizational Structnre: 2001 to Present
May 2011 to Present

Jan 2001 to May 2011
Cill

cm

Robbery/Homicide

Crimes Against Person

Homicide (Deaths & Assaults)
Robbery (Purse Snatch)

Homicide (Deaths & Assaults)
Robbery (j'urse Snatch)
A.1i.lsi ng Pe~n
Youth & Famjl~ Crim~

Missing Person

Sexual Assaults

~Youth

Commercial Burglaryffheft

(Checks & Crcdit Cards)
Youth & Family

Forgery

Special Investigations

Vice, Narcotics. Organized Crime, Task Forces

Over the years, the Department

ub

in~atio

'~ti~Sl

the functions and respo

y

,!(

"

.....-

VicefNarcotics

'ugitive Apprehension Ta<;k Force

" Cri'll\~, Again,i'rropcrty
)... V
Residential Butglaryrrheft

.A..-~'

6.2 Investigative Procedures

procedures for follow-up

,

Crimes Again't P~operty\ .......
_~esiden\t! Bur!lrrl!),rrheft
/""' ~I(lerci!jjlurglaryrrheft
,,~
~to TheftlBFMV
A' "
' Financial Crimes

Auto Theft
(Auto Theft & BFMV)
Illlrglaryrrhe[t
Residential Burglaryrrheft

cd va Dus directives governing its policies, rules and
In

~

1996, a lengthy directive was issued identifying

fDepapmental entities including CLD. 13 That directive was

revised in December 2001

, variety of organizmional changes. Additionally, directives
, U1g the investigation and prosecution of criminal cases and

~ants,"

controlofc
~"'~~oming mired

in too many details, the Department's process for handling cases has

bee _ssentiall;!re s:l'me for at least the last 20 years:

l.

&~:i."lIil'le given

to the detective supervisor who is responsible for investigating that type

of case.

I)

Order No. A.6.

IJ

Policies 200 and 608 respectively.

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Repol1
Page 27

2. The supervisor reviews the reports and assigns it one of three "solvability"
classifications:


"A" Good investigative leads.



"B" No particular leads, but actionable, such as requesting forensic analysis or
contacting the victim for a serial number.



"C" No viable leads.

3. A copy is sent to the assigned detective and another copy to detect
4. Clerical staff enters the case into the detective Case Manage
5. The detective investigates the case:


If he seeks a criminal filing, he completes a
indicating the disposition.



~

.

If he does not seek a filing, he com

~

m

'''''~.l;~1il:

port stating why.

6. The case is returned to the supervisor
7.

There have been some variations to I
how the Department and most O"ffi.Ar",

e past two decades, but that is essentially
ments, process their criminal cases. With

respect to case dispositions

0

Fillci

S

Suspended

DA Reject

RP

Refuse to Prosecute

CP Filed

R!U

Resolved/Unfounded

P

Pending

ROA

Rere' Outside Agency

ICP Reject
C

Closed

0

Open

Note: These codes are consistent with those used by most other law enforcement agencies.

In sununaty, every case is supposed to be given a solvability code: assigned to a detective;
closed either with a CDF or ADD report; reviewed by a supervisor; and, entered into CMS.

Pasadcna Police Department
Performance Audit of Detective Opcrations
Final Repol1
Page 28

6.3 Sample of Investigative Cases
Written policies and procedures are clearly important and should reflect actual organizational
processes. An integral component of any performance audit such as this engagement requires a
comparison of written policy and procedure statements to actual operational practices. In order
to tcst for actual practices, auditors used the 125 cases that were identified for the
Investigation portion of this audit (Chapter VIII). It was determined that 77 0 t
had a suspect in custody or appeared to have leads worth investigating. 15

'u

se 77 c

reviewed in detail to assess cach case's level of compliance with De artme


Nine of the 77 cases were classified as "C" cases (no via
had named suspects






The date entcrcd into CMS fo

t.ll'~~/ls~~lPe.ars

to be the date the clerk entered the

r two after the date the cn me occurred and
date and

day-ot~the-week

an incident occurred

ment, ' e management and managing a detective's work
I e date a clerk enters a report into a system has no analytical

r

:ocess compliance, auditors also tested for compliance and supervisory

cases. Penal Code Section 849 (b) (1) allows an officer to release an
este

vnen,

fie ur ~lle

is

scui.}jll:U (mil ~;It;:.1 ~ HIt: JIt.ltlJJ lI..,u;n, 0' VU"UJ JVI

mu.lu"5 ....

15 Those 125 cases were from 2010. Auditors used directed and purposeful sampling techniques thal were fully
disclosed to De artmem executives.
I.

Pasadcna Police Department
Performance Audit of Detective Operations
Final Report
Page 29

criminal complaint agaillst the persoll arrested. .. There was no evidence of supervisory
approval prior to releasing an arrestee under this section in any of the cases evaluated.
This is a significant risk management exposure. A supervisor simply must be involved in
the decision to release an arrestee, if for no other reason than to prevent the appearance of
impropriety. We brought this to the Department's attention mid-audit an(Lthey now
require a Lieutenant's approval for these releases.
2. Certificates of Release. Section 851.6 PC requires officers to iss
Release to any arrestee who is:


Released pursuant to 849 (b) (I); or,



Released when "no accusatory pleading is fi I

Certificates of Release are not being issued to all a

3.

misdemeanor prosecution
detective. Several ca
there was no

evi""/~""I-,-,

4.

02 WIC preflx. Technically, ajuvenile cannot violate a

crim'

ails under the delinquency statute defmed in section 602 of the
and In itut,ons Code. Laws pertaining to juveniles are unique. The Department
~\llOe<ll1l juvenile

'n order

0

arrests to use the WIC prefLx to the arrest and booking charge

readily recognize those cases.

Reeommeu atioD No. 11: The Department should require supervisory approval before
referring an alternate felonylmisdemeanor case directly to the City ProsecutoL"
11 The 'nepal1ment has opted to address this issue through training and supervisory ca~e review. This may suffice as
the City Prosecutor can always return a case for felony consideralion.

Pasadena Police Department
Performance Audit of Detective Operations
Final RCPOlt
Page 29

criminal complaint against the person arrested. " There was no evidence of supervisory

approval prior to releasing an arrestee under this section in any ofthe cases evaluated.
This is a significant risk management exposure. A supervisor simply must be involved in
the decision to release an arrestee, if for no other reason than to prevent the appearance of
impropriety. We brought this to the Department's attention mid-audit an
require a Lieutenant's approval for these releases.
2. Certificates of Release. Section 851.6 PC requires officers to iss
Release to any arrestee who is:


Released pursuant to 849 (b) (I); or,



Released when "no accusatory pleading is fi

Certificates of Release are not being issued to

all~

proVISIOns. Again, we brought this to the ~~~~~~~
require a Certificate of Release to be is ed.
3. DA Bypass. When a charge is punishaelony or a misdemeanor, Penal
ed to the City Prosecutor (CP) for

Code Section l7(b) (4) allows
misdemeanor prosecution

be made by the District Attorney or the

detective. Several ca

misdemeanor prosecution by the detective, but
approval for that decision.
majority ofjuvenile arrests only show the criminal code

4.

violation ~~~:rn~~~ 02 WIC prefix. Technically, a juvenile cannot violate a
ails under the delinquency statute defined in section 602 of the
itu IOns Code. Laws pertaining to juveniles are unique. The Department
fui1l!~l'ill

juvenile arrests to use the WIC prefix to the arrest and booking charge

o readily recognize those cases.
Recommen alion No. 11: The Department should require supervisory approval before
referring an alternate felony/misdemeanor case directly to the City Prosecutor. 17

17

The Department has opted to address this issue through training and supervisory case review. This may suffice as

the City Prosecutor can always return a case for felony consideration.

Pasadena Police Department
Performance Audit of Detective Operations
Final Repo11
Pagc 31

We would also like to take this opportunity highlight the following Detective operational
improvements, policies, procedures and controls that the Department has initiated in the past two
years: 18


Development of an Excel spread sheet to track Witness Relocation funds.



Development of a confidential infonnant registry to be queried prior to the disbursement

,
of funds


Requiring seetion lieutenants to review Operations Plans before submittal to the
Divisional Commander



Consolidation of myriad forms and conversion of many to a simplified electronic format



Implementation monthly cm audits



Requiring monthly reporting ofoverdue investigations



Development and implementation of a Latent Print lD hit log



Development ofCID and Forensic major incident debriefs



Development of a format to track minimum and advanced training required by
assigmnent.

18



Development of an intra-net repository for all manuals and directives



Development of a Detective Resource Guide for training new detectives



Utilization ofthe Detective Resource Guide by detectives to enhance skill sets



Updated training on MCI and mandated use by sergeants and detectives



Use ofMCI system as a chronological log for all major investigations



Development of logs to record discovery requests

This list represents the highlights. but not all changes to detective operations.

Pasadena Police Department
Performance Audit of Detective Operations
Final RCP011
Page 32



Requiring Discovery requests logs signed by DA are copied and filed in investigative
records



Mandating sergeant's review of on-going cases every 30 days



Requiring tape recording of informant agreements



Requiring annual audits of informant tiles



Purchasing and using of video cameras by detectives



Monthly Major Case Brief for managers with a memo detailing the cases discussed and
direction for follow-up



Editing & Updating the Detective Manual (on-going)



Requiring the approval of a Section lieutenant to modifY Certificates of Release



Mandating six month performance review for rotational detectives



Providing Brady training provided to all detectives by the DA's Law Enforcement
Liaison



Encouraging Detectives to move from six pack photo line-ups to sequential photo
presentation



..

Completing a total re-write of the Department's Informant Manual

~~
. the pr

'

ess of revising its Detective Resources Guide to incorporate

lis~ore consistent

and effective superviwry and management control

rations The Department is to be commended for that outstanding effort! In that
reo,
.~

"'""':.

follow

w" .."",,,,,
test the on-I!oinl!
... _the
.I)enartment
.
- manual revisions to see ifthev address the
luI)· tfissues with respect to detective operations:

I. Is the detective command structure accurately described?
2. Is the detective command efficiently organized?
3. How are cases received, assigned, tracked and monitored?

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 33

4. How are cases classified and are the indicated classifications appropriate?
5. How does management monitor backlogged cases?
6. How does management review case clearances and are they consistent with the FB[
Unifonned Guide[ines?
7. How are investigative case packages reviewed for completeness and q,A . of
investigation?
8. Are investigative case packages filed and stored in an acces..
easy retrieval?
9. What are the time limits for investigations and the
[0. \\!hat is the process to "bypass" a felony pro~~==_~~.
Ii. \\!hat is the process to release an arrest
[2. Is there an audit schedule?
13. What are the types of cases

0

m Detective Operations' Audits acted upon

.;;.~&(v>'" \:y

rega ing due diligence and how are due diligence efforts being

t is the policy regarding supervisory and management review of search warrant

M~~lpolicies regarding sources of information and the use of informants effective and

being utilized?
19. How are digital media. recorded interviews, photo line-ups and crime scene
documentation being maintained?

Pasadena Pol ice Department
Perfonnance Audit of Detective Operations
Final Repan
Page 34

20. What are the perfomlance measurements for detective personnel, supervisors and
management personnel?

These are some of the main topics we use to evaluate detective operations and detennine if the
appropriate level of risk management is occurring.

r....

-

""-

j

",

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 35

CHAPTER VII: HOMICIDE INVESTIGATIONS
Audit Sample
Department records show that from January 1,2005, through December 31,2012, the detectives
assigned to the Department's Homicide/Major Assault Unit'· conducted 53 major
investigations 10 Four of those investigations were Officer-Involved Shootings
were homicides. Of the 49 homicides, 20 were either open or still pending in COli
been completed and were through at least the trial court level

21



d 29

d

when the s

of the engagement was selected. 22
Initially, the Department considered having Veritas audit a ra
However, that sample methodology was refined during d'
Veritas' Senior Auditor. The Department already contracts \ . h the

alysis of the Department's

of Independent Review for a complete and inde!>.

from the audit popUlation as

OIS investigations. So, the 4 015 investigat'
auditing them would be redundant, not
work done by the Office of Indepen

; p "......" ...,;:

Angeles County Office

entially result in a meta-audit of the
is beyond the scope of this engagement.
estigations. It was decided that investigations

Discussions next centered on

lIdited at this time. One factor was the additional
curs phor to and during the trial process which would change
tivil' des and related documents) and require auditors to analyze
~ses

that were constantly changing. Further, in active cases, the

pie are both ably represented by trained lawyers (and their supporting
sta

sent and challenge evidence before the trial court judge. The strengths
aknesses of those cases pending trial are more appropriately addressed in that forum.

19 There have been some change..c; to the unit's name over the yeaTS. but its
consistent.
20

Some of these cases involved more [han one victim. As previously indicated. throughout this report all
were rounded up or down to the nearest whole number.
At least some of those cases are in various stages of appeal.

~ercentages
_I

area ofrespon"ibility has remained fairly

~~ The sample was selected on April 2.2013.

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page 36

Thus, the 20 homicide cases still open or pending in court were removed from the audit
population.
That left 29 homicide cases that were reported to have been closed or processed through the
court system, at least at the trial level. However, towards the end of the audit process, auditors
discovered that one case was actually an open unsolved cas~.

t that point,

auditors had invested significant time in evaluating the case, so the audit was com
Auditors utilized directed and purposeful auditing methodologies through
engagement. Our initial evaluation of the audit population reveale

!Jl1l'~

-~".

who were a significant focus of this engagement were the lea
homicides. 23 Therefore, alll3 of those investigations we
randomly selected 14 of the remaining 16 homicide i vestig
completing 7 of the 14 randomly selected cases,

. ·d that at least one case had

been audited for each homicide detective an

vidence had been collected to

support meaningful risk management an~!ltl::~
time, the Department and auditors

r:eeii~

insight into the effectiveness of,..o_ ......,

recommendations. At the same
au . lUg more recent cases may provide some
changes the Department has made to their

ffiijnmlllg 7 homicide cases were removed from the
assault cases were added to the non-homicide case
audit (Chapter Vll

~:-.::::::~

This ~:.liIlii~'1[t,the eng ement evaluated the Department's homicide investigations. Consistent
with ound audi
case

odologies, auditors conducted a full and thorough review of each homicide

ted fo \ this portion of the audit. Specifically, auditors used the standard of due

profession

care to evaluate each investigation for sound investigative practices, completeness,

timeliness, appropriateness of disposition, report accuracy and evidence of supervisory and

23

One of the detectives was the lead investigator on eight investigations and the other on five investigations.

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page 37

management review. Auditors also evaluated each case for compliance with Department policies
and procedures as well as any evidence of unnecessary or excessive risk-management exposure.
The Project Manager provided specific training for the highly qualified engagement team and
sought their input in developing various audit tools. The auditors dcveloped an audit matrix
designed to capture over 65 specific data points for each investigation in the au
matrix facilitated the auditors' evaluation of each case to detcrmine whcther:


The Department's response to the initial crime scene was ad
identified and the initial response was thoroughly docume
anal~(~n~1I..



Physical evidence was identified, collected and



Interviews and interrogations were conducted in a p
accurately in police reports;



The investigation was documented pr

. vant documents retained in the

case file;





......

investigation.

~

on a ...l'!\'!M
er, who I as an Accreditation in Internal Audit Quality AssessmentlValidation from the
al Auditors, conducted additional quality assurance measures. Specific
recommendations were proposed to address anomalies and minimize risk exposures. The
process was arduous considering that homicide casebooks often required multiple three-inch
binders and, in some cases, storage boxes to retain the case's investigative material.

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page 38

Audit Impairments
Record Keeping
At the start of the audit, Vcritas asked the Department to produce a list of all homicides from
2005-20 II and indicate which were solved cases (not pending in trial court) that did not involve
an OIS. The original list provided by PPD consisted of39 cases matching those.critcria. During
the review process it was discovered that several of the cases provided to Veritas
court and one was actually an open/unsolved case. As discussed previous

re still ~

Chapte

IIthe

Department needs to review its automated systems and ensure that;lft-aning .
captured accurately not only to facilitate case tracking and wor ~ dl
effective management oversight. Detective supervisors nn I
and readily available status inlormation on their major cas
Recordings
During the audit process, Veritas made seveC/l

'buti
ust have reliable

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page 39

More to the point, it appears that poor
record maintenance is one of the signi ficant causal factors in the Department's difficulty
responding to Discovery requests and its responsibility to provide evidence which may be
exculpatory. As discussed in Chapter VI, the Department desperatelv needs to reassess its
automated systems to ensure it is capturing and relying on accurate data.
ach
homicide scene in the audit sample to determine if the scene was secured i
area was canvassed for witnesses and the initial responders provid
report of their activities and observations.
Assessment
Auditors reviewed each case selected for the audit sample a
determine how the initial responders managed th
necessary, auditors interviewed key PPD per

--....

anagers for policy issues and

detectives for any questions on specific
Findings
Patrol officers and supervisors

we

resp' nders to most of lhe homicide cases reviewed

in this audit and there were

ig: lose initial responses. Most response times were

well within two to four

led by Incident History printouts. which were
udtt

"-"';fO=;:~....

;Y.

The initial responding officers and supervisors rapidly

rime scene perimeters and set up Command Posts as needed.

, . h the number of personnel assigned to each crime scene, insuring
ban adequate personnel were on hand to assist as needed. With very few exceptions,
the
depa

a1

ed Crime Scene Logs that were thorough and documented the arrival times.

d duties of those at the scene. Most crime scenes were photographed, some

with video andlor aerial perspectives. The PPD personnel utilized an extensive repertoire of
crime scene techniques and units in an effort to locate witnesses, evidence and suspects. Those
included, but were not limited to, gang officers. K-9 units from other agencies, forensics

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page 40

personnel and LASD ballistics experts. Due to patrol's efficient response, the suspect(s) were
.

often taken into custody before the detectives arrived
.~

._--....,.

r

-

.
...." ,

Patrol officers typically conducted an extensive canvass to identify witnesses. Their efforts were
chronicled in multiple ADD Reports documenting both the locations where they contacted
people and those where there were no answers. However, with few exceptions,
reports listed only a single occupant at each address, generally the person who ans €red the
door. Rarely was there any documented follow-up effort by detectives to
answer" addresses or locations not included in the initial canvass.

e ADD eports completed by officers accurately documented their individual efforts,
the overa 1

ameters ofthe initial canvass (as established by a patrol supervisor) were never

documented. Without that information, detectives would have difficulty confirming that all
locations within the designated area had been contacted.

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 41

Recommendation No. 13: Patrol officers should receive periodic training on the importance of
documenting all occupants at each address within the designated canvass arca and indicating
who was or was not present when the incident occurred. The parameters of the initial canvass
need to be documented in the case file as well.

Objective No.2: Evidence Collection &. Analysis. Examine the manne in which

Assessment
Auditors reviewed the documentation for each case sele
how the evidence was identified. collected. recorde II dana
the auditors interviewed key PPD personnel inc u/l,ug r

r policy issues and detectives

for any questions on specific cases.
Findings
2.1 Crime Scene [moestigation
Tn most cases, the detectives al

ni ans received a briefing at the crime scene from

the fust responders. Then

occssed the crime scene while the detectives began

their investigation and
evidence to collec}!
ADD ReportSO"l'v!li<.b
an initial c' e scene
parti

~

This p actice basically let the Technicians decide what
echnicians would then document their discoveries in

ally inc uded a diagram of the crime scene and site survey. Other than
alk 'rough, there was no documentation indicating that the detectives

~ in the detailed examination and retrieval of evidence from the crime scene."



. We understand from our interviews of
key detectIve personnel that the Department implemented a policy in about 2008 requiring that

~.11fthis did occur. it should have been documented in the investigation.

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page 42

dctectives stay with the crime scene Technician when possible. There was no evidence of that
occurring in the five post-2008 homicide cases in the audit sample

In the auditors' experience and training, homicide invcstigations benefit greatly when the
detectives and Technicians examine the crime scene together, as opposed to sep
promotes consensus in identifying potential items of evidence and deciding whicH
analysis would most benefit the investigation. This "partncrship" better e
item of potential evidence would not be missed and provides detec .
knowledge of what evidence was collected rather than having
later date.

2.2 Evidence Collection
The Department uses t

sep. te <eporfs' to document evidence. One is a Physical Evidence
gra

Technicians.

, latent prints and other evidence collected by crime scene

;;>oI'~~r::~\. erty & Evidence Report with check boxes for: I) Found

property; 2) rope

ok , 'for safe keeping: 3) Evidence; and, 4) Items seized pursuant to a

scarc~ant.--.!he ~rd is a Property/Evidence Continuation Report which has check boxes for
the

I~r
and property listed above.
..... types of#t.;nce
.

_...,."tple fonns by several people retrieving and booking evidence during a
murder investigation often resulted in different items receiving the same item number as
well as large gaps in the item numbers.
~s Auditors were told that such a policy may have been adopted in 2008. but we were unable to locate it in \Vriling

and there is no evidence it was followed in the five

post~2008

cases we reviewed.

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 43

109 disc,{pancies can bc explained later during t~slimony. there
lis fashion. The Department's current practice produces

vi

r

ee; presents unnecessary obstacles in proving an item's chain-of-

tectives and Technicians to accusations of carelessness in processing

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final RepOll
Page 44

Recommendation No. 15: The Department should adopt a more streamlined, practical system
for numbering evidence and other items gathered during criminal investigations. Each item
should be listed separately and assigned its own unique item number. The Department should
also consider transitioning to a single evidence report specifically designed to address the
Department's needs.

Another area of concern was investigations in which multiple officenr and t
numerous items of evidence.

6: An Evidence Officer" should be designated for each search
location, e ecially "lien
retr"
"VI

earch warrant is involved. The Evidence Officer is responsible for

~nd documenting all evidence seized at the location.

Anyone else who sees a piece of

_nc.p. <hnll1f1le"ve it in place and notify the "Evidence Officer" who would then photograph
place, recover it and complete the evidence report.

v
-

26 in lieu of this recommendation, the Depanment requires [hal the search warrant officer photograph evidence in
place prior to collection. This effectively Siltisfies the concern addressed by this recommendation.

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Rcport
Page 45

2.3 DNA Analysis
This audit identified several areas of concern regarding the request or failure to request
appropriate analysis of booked evidence.
During one initial crime scene investigation. the technicians processed the inside of a restaurant
for prints and DNA, with "an emphasis on" a particular table

analysis was not in the case file. Simply stated, a request for a
rationale for the requested analysis.
In another case. a cigarette butt was recovered from the side\
standing
no evidence the swab was compared to the cj"

Recommendation No. 17: The Department should establish a working group of senior
homicide detectives and evidence technicians to propose appropriate policy and procedure
recommendations associated with requests for DNA and other scientific analysis.

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page 46

2.4 Firearms Analysis

cartridge casings collected at the scene had been inter-co'I1jJ''lJ';U
database or if the evidence and coroner projectiles had been

compare~. This would have es It!5
involved and may have provided a link to any'
Eyewitnesses in another case believed t)ll"'~""":'o;
_ . However, the ten cartrid

'd 5 to 10 shots at the victim_
at the scene were found to have been

fired from the same 9mrn fires

ctcrisf s, but there was no documentation that the projectiles
'ey had been discharged from a single or differcnt firearms.

... Follow-Up Report offered no explanation for not including the second phone

""'.w~'

number in the court order, nor did it indicate whether any relevant information was gleaned from
the voluminous materials furnished by the respective service providers,
A search warrant was obtained to seize a murder suspect's cell phone and computer in order to
identify any co-conspirators, determine ifhe had a mistress, or locate evidence offmancial

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page 47

difficulty

Though the search warrant was served and the items seized, there


was no documentation indicating that any forensic analysis was requested or completed on either
the computer or cell phone. If any analysis was conducted and nothing was found, that in and of
itself, could be interpreted as exculpatory evidence and should have been documented. In that
same case, a suicide letter purportedly written by the victim and a partial eulogY1Titten by the
suspect contained sufficient handwriting similarities to warrant forensic exami~(l 1. Ifbo

1

documents were authored by the same person, it could support the notion Ila

ay

have been a premeditated murder.

--_...

eliminate suspects so they could better focus their i~\P;;:·:l!I1~,,_·
abundantly clear that a "fresh set of eyes" is
reasonable investigative lead is being purs

d.

Most importantly, it is

ing will be addressed in detail later

in this Chapter under Objective 6: Su
Recommendation No. 18:

2.6 Disposi

The

ce Disposition section of the Complaint Disposition Form (CDF) includes a section for

evid ce diSPO~Ol1

m,d a check box to indicate if a copy should be sent to Property & Evidence.

Audit rs ote iltat none of the CDrs indicated property dispositions and none of them indicated a
copy should be sent (0 Property & Evidence. During our interviews with key detectives we were
informed that they never fill out the Evidence Disposition portion of the form because "it does not
go to Property." Instead, they wait [or Property to send out a written request for instructions and
deal with it at that time. There is a great deal more to discuss about this process and the best

Pasadena Police Depanment
Performance Audit of Detective Operations
Final Report
Page 48

examples arose during the audit of non-homicide cases. So, this issue will be addressed in Chapter
Vlli Non-Homicide Investigations.
Objective No.3: Interview & Interrogation. Examine the manner in which witnesses were
interviewed and suspects interrogated to determine if they were conducted in a professional
manner, recorded when appropriate and summarized accurately in police report
Assessment
Auditors reviewed the documentation and available recordings for each ea
audit sample to determine how the interviews and interrogations w ~ condu
As necessary, auditors interviewed key PPD personnel includiq
detectives for any questions on specific cases.
Findings
3.1 Witness Interviews
We noted many investigations where detectiv

tive recognized that the suspect's mental state
a fu

I

vestigation into the suspect's past that included

es t<»determine the extent of his mental health issues. if

_.
time
susp

~I

~t

II roughly documented in ADD reports.
very thorough and digitally recorded by the detectiv". terviewed three times by the primary deteetive and then a fourth
. Jetecti e, Each of these interviews yielded additional information from the

u1timat<¥y resulting in a criminal filing and conviction. There were no corresponding

notes ....... "''-'~:.>::

There were other cases where supervisors should have ret1.llned the investigation to the detective
for clarification. In one case, the lead deteetive wrote in his ADD report that a credible witness
told another detective the suspect said, "I better nol see you (victim) on the street" only a short
time before the victim was murdered

. The lead detective referred to the other

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final RepOlt
Page 49

detective's ADD report for specifics on the statement, but that statement was not in the ADD
report and there was no other documentation in the case file or in Records that this witness was
ever interviewed.27
Another example occurred in a case, which appears to have been witnessed by several people
who were never identified or interviewed

Those potential w' nesses included

a man reportedly taking pictures of the scene immediately after the shooting, a na
who allegedly told some passersby about the shooting and a security guarY'."'_'L'
in the parking lot during the shooting.
3.2 Photo Identification of Suspects
In the Department's Policy Manual, issued June 3, 1996 ~
Section 600.5 Photographic Identification of Suspects states:

composing and the employee presenting the phor(fili.ne f. s

I II

cticable. the employee
t be directly involved in the

investigation ofthe case." Subsection (c) sta

employee presenting the photograpl
witness one photograph at a till'

neollsly. .. Section 600.5 further states: "The
III ' e dOCllmented ill the case report. A copy ofthe
eport. Witness comments ... should be quoted in the

... lineup ...should be in
appropriate repor)'~t=::=:=':~1o..
The DepartmP'llP't''f':

aiinvestigations Division, Detective Resource Guide. dated May 2011
f

''I;

0

should present the photographs to the witness. But the

""Ii:liiO;ytion and Prosecution Policy Manual, issued July 13,2012, reiterates longstan fig policy lhat, ''It'hen practicable. rhe employee composing and the employee presenting

the pho~<>~ should not be directly involved in the investigation ofthe case. ..

7

2 Because the detective referred to another detcclivc's ADD report, there is a possibility he aso;umed the other
detective conducted the interview.

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Repon
Page 50

In spite of these long-standing policies requiring an uninvolved detective to present a wimess
with photos, none of the cases in this audit sample complied with those policies, One could
argue that the policy says "when practical" but then one would also have to argue that it was
never practical to comply with the policy, We also understand from our interviews of detective
personnel that record personnel are used on occasion to put the six-pack photo Ii
It is the auditors' opinion that the Department's existing policy regarding an unin

detective presenting the photos to a wimess and the manner in which thos_"',...."'"
presented is a widely accepted "best practice" in conducting crimin'
Unfortunately, detective supervisors have allowed their subordi
policy in almost every case evaluated during this audit.
Recommendation No. 19: Supervisors should b":,'rt;l~'::J:J~~

There was one case in which
, At the conclusion of the witness' first (tape
as shown a prepared photo line-up, The wimess can be
heard on the tape sli:~gjJ!!.::o~~

looks like this guy" but no one vocalized or otherwise

w ' ch he was referring, When the detective asked him to explain his

recorded the

en')rned the nose, ears, sideburns and lack of facial hair. The
to ignore the "hail''' as it was subject to change, However, the

det
witn

••

_

. riirf not \.ltpr wh::at \V~<:. ::at h",d ::a vprv tPnt~tivp irlpnt1 fi,..::ation of \lIh~t
..

_.

u_

~ttg"photograph,

..

_



• • • • •

"

_

_

._ . . . _ . " .

__

••

_

\:u::ac;:

. . . . . . .

mno;:t

_.



The photo display presentation, the wimess' tentative

identification of the "filler" photograph and the descriptors provided by the witness were not
included in the detective's ADD Report.
A month later, the detective re-interviewed the witness, According to the detective's ADD
report, he showed the witness a six pack photo lineup and the witness declared, ''That's the guy,"

Pasadena Police Department
Perfonnance Audit of Detective Operations
Finai Report
Page 51

The six-pack photo array in the case package has one of the photograph numbers circled. it is
initialed by tbe witness and dated the same date as the second interview 28
First, the detective's ADD report states the identification occurred during the initial interview
even though it occurred and the array was dated a month later. Further, a review of the tape
recording of the second interview shows that the interview and identification un Ided quite
differently. Listening to tbe recording, the detective can be heard saying, "Look a
. indicating that the witness was first shown a single photo. When the witn
over the complexion and width of the nose. the detective stated tha
nose and asked "Does that look like the individual?" Vv'hen th
detective asked him to explain why not. The witness repli'
The detective asked if, despite the hair and eyebrow differe

witb which. the witness used for eli
that point. a six-photo array was

manstrate the change in appearance. At
nd til witness was asked to "point out the individual
ds of silence, tbe witness indicated "Right here."

"au

i e on the recording. (The suspect was not arrested and this

ron N .20: The Department should conduct a full biopsy of this investigation
.
. ,.
an d ta k e appropnate aCllon.

,.

~s It is unclear from the case file if this wa.;; a new arrav or the same array

Pasadena Police Department
Performance Audit of Detective Operations
Final Rep0l1
Page 52

Recommendation No. 21: The Department should consider a "cold case" review of this

investigatio~since there appear to be several potential leads and scientific
evidence available to support further investigation.

3.3 Interrogation of Suspects
Case and statutory laws allow police officers a great deal oflatitude in th

ey

interrogate suspects. Legally, officers are allowed to exaggerate and
any statement they elicit must withstand scrutiny in court where v.
decisions are applied to determine if the statement was "free
under duress." But when a statement is admitted in cou
obtained it will be scrutinized by a judge and/or jury IN.

0

are

determining if a statement is credible. Recogni
taught interrogation skills early on in their c
honed, often through

·Ils are continuously refined and

experientiallearn~~:::

r." So it is within the broader context

n Just staying within the confines of

of developing a high-quality invest"

nner in which Pasadena Police Department
w· entified the following areas of concern:






~~~~~~,s present in the interview room;

--

·cipants in the interview, as well as the date and time of the

ailure t, accurately synopsize the interview in police reports;


Fai ure to document all contacts and/or interviews (discovery);



Extensive use of an "implied waiver;" and,



Continued questioning after invocation of Miranda.

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 53

JO

Auditors are highly experienced law enforcement professionals, out not <Jttomey~. The Dcpanmcnr is en<:ouraged

to discuss our findings in this objective with District Attorney representatives.

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 54

.11

California POST "Basic Course Workbook" Inve~[ig3uve lnterrogation.s ~e\"1ion.

Pasadena Police Depanment
Perfonnance Audit of Detective Operations
Finnl Repan
Page 55

_.. _

__.

_._~J

..

he Depanment needs to decide the manner in which it expects its
det

ve,;'and ofiicers to conduct their interrogations, document those expect"tions in its

pol .es, proce ures and training materials and hold supervisor accountable for ensuring their

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 56

Recommendation No. 23: All detectives and their supervisors be required to attend periodic
POST certified Interrogation Law and Tactics courses in order to keep current on case law and
best practices.

Recommendation No. 24: Detective supervisors should listen to their detechv
interviews as frequently as possible and compare the interview to what i
report to ensure the interview was documented completely and acc ately.

Recommendation No. 25: The Department should con
review of court records and interviews of key witn~~~~~f'
and take appropriate action.

3.4 Recording Interviews and Inte
Auditors found inconsistency in
suspects but not others.

s to record the statements of key witnesses and
were not recorded, there was no rationale given
supervisory oversight or involvement in those
. ns such as a murder and particularly in gang cases,
-dramatically alter their statements often due to fear of

ctions, or in furtherance of an ongoing gang conflict. A recording
of wi.1Jl~;§S\;:s
the

or sus ects original statements adds another level of documentary evidence in
spute over what was stated or understood. When a statement is recorded,
ent it in the reports raises credibility issues during discovery at trial. The

following cases provide good examples of our findings in this objective.

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 57

...
Recommendation No, 26: The Department needs to deci

m>e 0

recorded, puhlish those expectations in the appropriate ~rcy and
supervisors accountable for ensuring their sUbordi,llll~e~'~:ii;~~
cases where the Department gives detectives

tion ' 1 the rec rdation of interviews, the

detectives should be required 10 document

~al

in 'e investigative file whenever they

decide not to record an interview,

During the course of this a

gue ed copies of recorded media to assist in the audit
casion, he digital media copies could not be opened because
myn d'electronic fonnats. On those occasions, auditors were

~==s~

etective Lieutenant who indicated that the Department has
recei .
to 0
by the

plaints from both the District Attorney and defense attorneys regarding the inability
n recorde~ Igltal media. Apparently, in addition to the audio/video equipment provided

~ artl lnt, officers have their own audio recording devices as well as the audio

equipment found in some of the patrol and detective vehicles. Each of these systems has its own
electronic format and the media from one cannot be opened in the other. As of this report, the
Department has not resolved this problem.

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page 58

Recommendation No. 27: As a matter of utmost urgency, the Department needs to do
whatever is necessary to ensure that recorded interviews are in a standard format that allows
them to be reviewed.

Objective 4: Investigative Documentation. Determine the completeness of ihV1~'1ltl"J
documentation both in the case file and records unit file.
Assessment
Auditors reviewed the documentation for each case selected for
the reports were complete and accurate, if the documentatio
investigation and, if the various investigative reports rec n . ed wit
physical, documentary, testimonial and/or other eVicl""'l\l~':;,;;;,~~~.
key PPD personnel, including managers for po .

d detectives for questions on specific'

cases.
Findings
There were numerous reports in t
or conflicting information an
many of the ADD Repo
Warrants and PCDs.
was presented to

for the audit sample that contained inaccurate
sstatements of fact. Those errors occurred in
ements of Probable Cause in support of Search
we reviewed, there was no documentation for the case after it
y and no information regarding the court disposition or

Another factor is that in many
e detectives worked for days with little or no sleep pursuing leads, serving search
warrants and arresting suspects. But in a much larger sense. the poor documentation flows from
a complete lack of supervisory oversight of the detectives' work product. None of the cases we
32

This was addressed and appropriate recommendations proposed in Chapter V of this report.

Pasadena Police Department
Performance Audit of Detective Opemtiolls
Final Report
Page 59

reviewed had anv documentation that a supervisor (or anyone other than the author) reviewed
affidavits before they were presented to a judge, or that a supervisor reviewed the case before it
was presented to a prosecutor. There call be no doubt that this lack of supcrvisory review was a
significant contributor to most, if not all of the discrepancies found in this audit. As discussed in
the introduction of this report, somc of those errors surfaced in court hearings. T
cases being dismissed, charges being reduced and the reputation and credibili. '
Department and its officers being challenged in the media.

4,1 ADD Reports
The Department is to be commended for its practice of havin
complete an ADD Report documenting their individual canlributl
practice makes it imperative that both the lead invcstigator 3 d the sUPJ -'isor review all reports
to ensure that they accurately reflect the facts.

)-11<0

n

A

'fficers and dctcctives would

refer to another officer's ADD Report for pe. 11 ent i 'esllg i 'e information, but the referenced

information was incorrect. followin

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page 60

Pasadena Police Department
Perfonnance Audit of Detective Operations

Final Rcpnn
Page 61

4.2 Search Warrants
There were numerous homicide cases in which the detectives obtai
residences. business, cars and records. Their diligence in obtai '~th
commendable. However. many of the reports and affidavi
warrants contained incomplete and incorrect infonnation, 0
located. There were myriad cases where there was ~()iNJ~fll]~~

requirement. Finally, there was no evidence of.
application was made to a judge.

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Reron
Page 62

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page 63

.



_

~

.__

... . ... _ .. J.

v-..-._~

~

Recommendation No. 28: A detective supervisor should b
search warrant before detectives submit it to a magistrat
be documented (initial each page). The Departmen

Iso ne

the return of search warrants and it needs to co
compliance with these requirements.

strategies employed by most law enforcement agencies
is a requiremcnt that ani
uninvolved superv',

allowed to book a suspect into jail. Whenever possible the

supervisor w

king aj> roval should also be the supervisor who approves the reports in

order to ens
the s
com

Icer aki'ng a arrest obtain written booking approval from an

ect the information the supe.rvisor was told and relied upon when

.sor approved the suspect's booking. This risk management control process is
o as "Separation of Duties" and is intended to prevent any conflict of
~~i"_rrests

are legally justified and prevent personal involvement from interfering

with what should be a very objective fact·based decision.
The Pasadena Police Department has had an essentially similar policy in place for many years.
However. there was no evidence of supervisory booking approval or report review in the
homicide cases we reviewed. During interviews with key Department personnel we were

Pasadena Police Department
Performance Audit of Detective Operations
Final Rcport
Page 64

informed that the booking and report approval requirement has not applied to arrests made by
detectives for several years. We also noted that the Department's Pre-Booking Review form J3



does not capture the name and serial number of the supervisor who approved the booking.
We found several arrest reports and peDs in the homicide case files that did not articulate any
probably cause whatsoever for the booking charge. In the following four cases 6t only was no
probable cause articulated in the arrest reports, but there was no probable cause fo ,'the bookin::,
charge in the entire case file. 34

PPD 0729 (Rev 09/08).
3.. In each case, several lesser felony charges were available. but not Ihl: one for whi-.:h thty wen~ booked.

3J

Pasadena Police Department
Performance Audit of Detective Operations
I'inal Report
Page 65

where Corporals (non-supervisory rank) gave tl
those cases, the Complaint Dispositio

Yshows that a Corporal approved the

. allows Corporals to approve misdemeanor
t policy has eroded in this area creating a high-risk
d IX"

v and risky practice.

The Departmcnt should conduct a biopsy of the four cases cited in

ion No. 30: The Department should amend its Pre-Booking Review form to

include the name and serial number of the supervisor approving the booking.

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page 66

Recommendation No. 31: The Department needs to enforce its policy that every arrest must
be reviewed and approved in writing by an uninvolved supervisor and every arrest report must
be reviewed and approved by a supervisor, preferably the one who approved the booking.

4.4 Chronological Logs
Note keeping is an essential tool in managing the tremendous volume of i
in a typical homicide investigation and for establishing a chronologv
note keeping tool lor an investigator is a comprehensive Chrono

forms of a Chronological Log but discontinued usi g
consuming. Other detectives viewed their AD
The necessity for all detectives to keep . .(f
That is not to say that every case reS!

I because logs for simple cases can be
ions, especially those involving numerous

witnesses and forensic sup

n. simply must usc a log to capture all the "moving parts." Of most

importance, chronologie.. log. 1'C an invtf!uable tool required for an effective management
review of comple.

~~~, uc diligence efforts to locate and apprehend suspects. For

used to doclltJjro:nl~
example, on of the

1

(lic es in our audit sample involved a suspect who was a fugitive for

over Jh~'ears after the murder

. The case file had no information on the Due

Dili4?ce perto?ll'"d'~n the murder warrant between the time it was issued in 2007 and its

J5

Practical Homicide Investigation, Vernon Geberth, Elsevier Press, 1983

Pasadena Police Department
Performance Audit of Detective Operations
Final Rcport
Page 67

Recommendation No. 32: The Department should create a Chronological log and require all
detectives to use it and document their actions including court proceedings, discovery requests
and final court disposition. The log should also indicate when the detective supervisor
reviewed the case to cnsure thc invcstigation was thorough and on track.

4.5 Documentation of Recordings
Please see our findings and related rccommendations in Objective 3
Interrogations.
Objective 5: Organization of Homicide Case Books.
investigation selected for the audit to detennine if it was co
Assessment
~ selected

Auditors reviewed the case book for each mu

...

determine if it contained all necessary in~
.--..:
book(s) was (were) organized in a m
allows supervisory and manage
in the case file with materia

for the audit sample to

t!'the case and to determine if the
effective management of the case and
ersight. Auditors also compared the material
to ensure all relevant reports had been included

itors ipterviewed key PPD personnel including managers for
uestions on specific cascs.
Findings
The audit m

Veritas consisted of copies of the material in the Case File, as
f repor from the Records Unit files. Auditors conducted a detailed comparison

of th
Audi

e files to the originals to ensure they were consistent, which they werc.
found hat in most cases, the Records Unit files did not contain all of the reports found

in the Case lIes. Conversely, there were reports found in the Records Unit file that had not been
included in the Case File. Auditors also found that most detective-generated ADD Reports
found in the case file had not been signed by a supervisor but, the same reports found in the
Record Unit files had been signed. In most cases, the signed and unsigned reports appeared to be
the same but, in one case they were substantially different

We were also

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 68

unable to establish which reports (Records or Case File) were produced for the prosecutor or in
response to discovery requests. This finding is an untenable risk exposure that surfaced
repeatedly throughout the engagement.
Although most cases contained a Table of Contents (TOC) and the contents were arranged and
organized in a logical manner, there was no unifonnity of the TOC sections use
investigating officers. The organization of the TOC also differed between cases i
the same investigating oflicer.

y different
stigatetl by

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page 69

.HI

Auditors had to inscribe numbers on the clear tabs to facilital<: their revle,\..

Pasadena Police Department
Perfonnance Audit of Detective Operations
Fillol Report
Page 70

Pasadena Police Department
Performance Audit of Detective Operations
Final Repol1
Page 71

In the auditors' opinion, tbe lack of clear expcclations for the organization and maintenance of
these case books, along with the utter disorganization of most homicide case books evaluated ,
during this engagement, creates a significant risk exposure in the Department's ability to
evaluate its investigative efforts, ensure compliance with discovery requests and document Ihe
materials that were presented to prosecutors.
Recommendation No. 33: All detectives and their supervisors need to receive pen
training on case management and organization.

Recommendation No. 34: The Department needs to de '"
organization of all homicide case files is consistent and un

Recommendation No. 35: The Department s
"....··'''-alion. The detective should store all of

rv Oversi ht Homicide Investi ations. Review the case file for each
for the audit to assess the level of supervisory oversight that
r each case.
Ass

ment

Audito

\
.' Jed the documentation for each case selected for the audit sample. These

included reports, correspondence, logs and emails 10 identify the frequency and thoroughness of
the supervisory review and inpul for each case. Included were report approvals and evidence of
supervisory review at critical junctures such as obtaining search warrants, presenting the case to
the prosecutor and reviewing the case package before it was filed away.

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page 72

Findings
The vast majority of the errors identified through this audit werc caused both by supervisors
failing to review reports thoroughly before signing them and failing to periodically review the
case, especially at critical junctures, such as, before the detectives sougbt a search warrant or
presented the case to the prosecutor. In one sense, a supervisor's report approval 5ignifies that
the supervisor is familiar with the information being reported and concurs Will

I.

supervisor is also responsible for ensuring the reports are written clearly, rna any

crr~"'__j.T

. corrected and that the investigating officer's actions were appropriat .
in this chapter bore a supervisor's signature. But the approving
recognize the significant issues as pointed out in this chapte
responsibility to provide their subordinates with effectiv
training. Several of those subordinates now find th
'udicial scmtinv for crrors that in manv cases b h t al
corrccted b" the su elvisors who a
[n most of the homicide cases, there
personnel, which were supported by the
"ould have periodic meetings and "round table"
rove re

search warrant or even be

risk management ~~

~

rts rior to seekin ' a

'>resenting the case to the prosecutor. This is inconsistent with the
I .

i!ining a "separation of duties and effective monitoring."

--.

-

.

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 73

-

.'

..... ,-_..

~

--

Pasadena Police Department
Performance Audit of Detective Operations
Final RCP0l1
Page 74

'up
have occurred in some of these c

Department's abili

sion and management oversight may

he Department's ability to defend itself in

( lentary evidence of effective supervisory and management

oversight.
Rcconmlc
det~,tive supc~nd Department
=

.

.\.....

.-·::-;~~~::"'.~Z ~~~::~.""!

search~s,

':-:.~:::."'!.-

::.:-

~

. .

managers who oversee investigative functions. Those
... .
. . .. ...'-:-:"."-Z:;""':-:::.'"':':"':':
.
..:-:-:...'

~:~~-;-:.::~

~ ~_-~

.""~ :!"'::-::"':-:-:-::~'.'

:-:::~:-: ':'"":~:.~

felony arrest reports, case filings and the seizure of high risk evidence

including narcotics, money and firearms. The Department should also conduct regular periodic
biopsies of major cases to ensure adequate and documented supervision is being provided.

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page 75

Use of Informants
Note: Because of the risks associated with inadvertently disclosing the identification of
informants we have not provided any identifying audit numbers in this section. That
information has been communicated confidentially to the Pasadena Chief of Police so he
can follow-up on the issues identified. The ChiefofPolice has deemed the
this section to be confidential. In the event this report becomes the subject 0
records request or discovery motion, legal guidance should be sought
We recognize that the use of informants is a legitimate andjudicio=

I

<..:c

tool. In many cases the effective use of informants is crucial t
prosecution of suspects. However, informants, especiall
risk to the case, as well as, to the detectives' personnel safet.
deserved reputation for being self-serving and m

informants have a well. require careful handling by

detectives, including close supervision and
Over half the homicide cases in this all
or another. However, none of tho

f

,

the use of informants, to one degree
denti fied beyond a broad tenn such as
I I ormant, or Anonymous Informant. It appears

Confidential Reliable Inform

in two cases, but there was insufficient information in the
T
roval was required to use either juvenile as an informant
pursuant to PenalJt<'ll!I::S:~·io

70 . and, ifit was required, whether judicial approval was

obtained.
The Departmcnt needs to conduct a biopsy of both cases involving
JUV

i1e infonnanrs to determine ifjudicial approval was required and. if it was, whether or not

Veritas discussed the use of informants with the Department's dctective managers. Detective
supervisors are always supposed to be aware of a detective's use of an informant. If the
informant is financially compensated, a 'chit' (receipt) is filled out to document the payment.

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 76

The following are examples of cases which underscore the necd for the Department to further
refine its standards governing the use of infonnants.

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 77

. 3 -,.'The Department should conduct a management review of the cases
d take appropriate action.

)
Recommeliuation No. 39: All detectives and their supervisors should receive periodic POST
certified training regarding the use and documentation of infonnants.

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page 78

Recommendation No. 40: The Department should conduct a thorough review of its policies,
practices and procedures governing the use of informants. This should include supervisory
review, management oversight and implementation of effective control systems.

Recommendation No. 41: The Department should conduct regular and
informant filcs, policies and controls.

During the course of this engagement our findings assoclat
communicated to Department management. The
directed that an Informant Manual be develop

THIS SECTION LEn INTENTIONALLY BLANK

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 79

CHAPTER VIII: NON-HOMICIDE INVESTIGATIONS
Note: Many of the issues identified during this portion of the audit mirror issues that
have already been addressed in earlier chapters of this report, mostly the Homicide
Chapter. To avoid redundancy, we have not proposed recommendations when the
underlying factors have already been addressed in our previous recommend
Audit Sample and Impairments
One of the detectives who was a significant focus of this engageme
lead investigator on non-homicide cases. Veritas was tasked wi
homicide cases with an emphasis on cases in which this det
During our initial meeting with the Department in February

·:eived a one -inch thick

printout of what was purported to be a list of this
of that material disclosed that most of the cas , occ

tout of the investigations, to which he
ed to detectives. Due to a change in computer
e da, we received was in two files. The two data sets
assigned less than two cases per month while he was
assigned to detectives.

. ation of the data disclosed huge discrepancies
a

a""''''

managers a !l data"

rreliable H After discussing the data issues with PPD

other request was submitted for a list of cases assigned to the

detect" ~nng 20 I0, Ie most recent full year in which he was assigned to detectives. There
wer 125 cases r

d as being assigned to him during that time and those cases were separated

ollowi g categories:

37
JS



41 "A" cases, Suspect Not in CustodyJ8



37 "A" cases, Suspect in Custody

Data problems were discussed extensively in Chapler VI.
Cases are assigned a letter indicating solvability: A: strong lead: B: forensic evidence; C; no viable leads

Pasadena Police Departmcnt
Perfonnance Audit of Detective Opcrations
final Repon
Page 80



47 "C" cases, No Viable Leads

A review of those 125 cases gave auditors very strong indications that this data was also
W1feliable. For example, 13 of the 47 "c" cases, No Viable Leads, had named suspects. Two of
the other "C" cases did not have a named suspect, but the disposition for both cases was "Filed
with the City Prosecutor." Twenty-one of the 37 "A" cases, Suspect in Custody,
Lastly, 21 of the 41 "A" cases, Suspect Not in Custody, showed Open though '''.''--.'

ed

suspects.
Auditors reviewed the data with Department experts and conclude
the best infonnation available. Auditors reviewed the data an
identified 38 cases that appeared to have involved the arre
those cases wcre included in the audit sample.

detectives. were selected to test the Depann
detective follow-up procedures

J9

four

These 8 cases were sekcted by aud't

ion of several improvements to its
. from 2011 and four wcre from 2012.

y, •n cons

tiQ with Department managcrs as examples
cide cases that have been completed at the trial

"

he audit of non-homicide investigations. Even with all this, it
was discovered in-1}jii~iII:i~~
There were no significant issues with those cases and
audit analysis. This resulted in a sample of 44 cases for this

'I
}~ These arc the 8 cases selected in lieu of? homicide investigations and not purported to be random. Thest: cases
were purposefully selected to detennine if the recent policy improvements were working as intended.
..jQ

Because auditors were unable to validate the completeness of the population statistically valid sampling could not

be conducted. Appropriate recommendations have been proposed in this report.

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page 81

Audit Methodology
This portion of the engagement evaluated a sample of the Department's non-homicide
investigations. Consistent with sound audit methodologies, auditors conducted a full and
thorough review of each case selected for this portion of the audit. Specifically, auditors used
the standard of due professional care to evaluate each investigation for sound inv stigative
practices, completeness, timeliness, appropriateness of disposition, report accu a
of supervisory review. Auditors also evaluated each case for compliance
policies and procedures, as well as, any evidence of unnecessary or
exposure.
The auditors developed an audit matrix designed to captur
investigation in the audit sample. That matrix facilitated th
determine whether:


A follow-up investigation was requir

d when it was, to determine if the

investigation occurred and if it ~rS:zl~~~ed p. perly and all relevant documents
retained in the case file;



. the case was disposed of properly;





The

Data for th~~~S;~~
and,

nto the Department's Case Management System properly;

c of both supervisory and management review and oversight of the

for all 44 cases went through two levels of review. One-third (17) of those

cases were SU dected to a random quality assurance process by Veritas' Senior Consultant. The
results of each audit were entered in a spreadsheet which was used to compile the audit's
findings in this area, which included specific recommendations to address anomalies and
minimize risk exposures. The Project Manager, who has an Accreditation in Internal Audit

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page 82

Quality Assessment/Validation from the Institute ofIntemal Auditors, conducted additional
quality assurance measures.
Objective 1: Follow-up Investigation. Determine if the follow-up investigation of the cases in
the audit sample were complete and well documented.
Assessment
Auditors reviewed the documentation for each case selected for the audit sample to

if

the documentation reflected a thorough and complete investigation.
interviewed key PPD personnel including managers for policy issu
on specific cases.
Findings
Unlike homicide cases where detectives almost alwa

.me scene to begin their

investigation, the preliminary investigation of no . -~oii~te:i~~· s usually completed by patrol
officers. The next business day, a detective'
completed. In this scenario, the detectiv

and given the reports patrol
functions within a law enforcement

agency and by extension within the l<"IoOLU,U"l
o· e work is that most criminal cases are "solved"

1. Develop Good Cases.

e scene and arrest the suspect(s). When patrol
'te good reports, the detective has little to do except present
the report.sA1~~~~~

t when there is a piece missing or the reports are not clear,

job to Identify those issues and locate the missing information or

it is

example, locating a key witness can bolster any case; a medical
.ore evidentiary value than someone's statement; photographs of injuries

"'ii:!!_~

I when a case goes to trial long after the injuries have healed; and, a suspect's
These are just some of the "missing pieces" that turn a
good arrest into a good case.
2. Pursue Investigative Leads. When the suspect is not in custody, the detective needs to
follow any viable lead to identify the suspect(s) and take them into custody. This
requires, among other things, a working knowledge of forensic evidence, good

Pasadena Police Departmcnt
Perfonnance Audit of Detective Operations
Final Report
Page 83

interview/interrogation techniques and expertise in the myriad computer systems
available in a modern law enforcement agency,
In assessing the quality of the follow-up investigations for the non-homicide cases selected for
this portion of the audit, we considered both of these responsibilities. In 19 of the 44 cases
(43%), the reports completed by patrol contained sufficient information to file
they did not require and did not receive any follow-up by the assigned detective'
1.1 Cases with Deficient Reports Filed "As Is."

Auditors discovered 6 cases in the audit sample in which the det
reports were adequate and submitted the case "as is" to a pr
subject to additional investigation:

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Repon
Page 84

Pasadena Police Department
Perfonnance Audit of Detective Operations
Finnl Report
Page 85

1.2 Cases with Follow-up Investigation.

There were 13 cases in which the detective assigned the case conducted a follow-up
investigation 42 In 3 of those cases the follow-up investigation was lacking:

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 86

1.3 Cases with Investigative Leads NotPursued.
There were two cases with clearly viable investigat~'-~~~;ra::::s;.'
up investigation by the assigned detective.

Objective 2: Charge & Case Disposition. Determine if the charges filed and case disposition
were appropriate for each case in the audit sample.

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 87

Assessment
Auditors reviewed the documentation for each case in the audit sample to identify what, if any,
charges were filed and to assess the final disposition for each case. When necessary, auditors
interviewed key PPD personnel including managers for policy issues and detectives for questions
on specific cases.
Findings
The charges filed and case disposition for 41 of the 44 cases (93%) select
supported by the facts found in the case package. That is not to say
was pristine, for many of them (as pointed out elsewhere in this
documents and important, but not crucial, infonnation.
were unable to assess the case disposition for the reaso

Pasadena Police Department
Performance Audit of Detective Operations
Final Rcport
Page 88

Recommendation No. 42:
_

including"

allowed to take place witli

ould conduct a full biopsy of this c a s , of a)<lotice to Appear to a felony arrestee; how this was
.. dence of supervisory intervention; and. what control
supervisors to track arrestees assigned to their subordinates.

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 89

Objective 3: Disposition of Evidence. Detennine if evidence seized during an investigation

was disposed of properly.
Assessment

Auditors identified those cases in which evidence was seized and determined if an appropriate
disposition was made for that evidence. When necessary, auditors interviewed k y PPD
personnel including managers for policy issues and detectives for questions on sp
Findings

There was evidence booked for 24 of the 2010 and earlier Non-Ho
sample. Of those 24 cases, only 1 (4%) had the evidence portio
. In contrast. 6 of the 8 (1'
Non-Homicide cases with evidence booked had the

eVid~

0

orc reecl

portio

two cases so the CDP should have authorized t

=====:">='::ii;;;:::::"~~~i7="'- Detennine if the cases in this audit sample are being

eac

ers for policy issues and investigative personnel for questions on specific cases.
Findings

As we have discussed several times in this report and most recently in the Audit Sample and
. Impainnents section of this chapter, the information produced by the Department's automated
systems is extremely unreliable. With respect to non-homicide investigations. 22 of the 38 pre2010 and earlier cases (58%) showed they were Open when, in fact, 21 of them had been closed.

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page 90

There is no record of any disposition On

This case was also a

graphic example of the issues associated with unreliable data of this nature. In this case, it
appears a detective was assigned to process a felony arrestee, but there is no record of him
having done so and the case remains categorized as an "Open" case. That "Open" designation
should have stood out and been addressed by a supervisor. Instead the case got I t in the 29
other cases that also showed as "Open" but were not. Now, three-plus years la e
Department will have great difficulty ascertaining the basis for the release
and why the investigation was never completed.
Objective 5: Supervisory Oversight. Review the case file f<
the audit to assess the level of supervisoty oversight that Of
Assessment
Auditors reviewed the documentation for each c
documented supervisory oversight of the cas

if the supervisor returned or

should have returned the case to the dete

;,P'~"'"

Findings
n-homicide cases selected for this portion of
east
majority of the errors i

1

the CDF. As with the homicide cases, the vast

tHe no~omieide cases were caused by supervisors failing to
ing them. In the interest of brevity, we won't repeat the
en caught and corrected nor will we repeat our
,. sors must review these cases carefully and consistently. We will,

Pasadena Police Department
Performance Audit of Detective Operations
Final Repan
Page 91

Pasadena Police Department
Perfonnance Audit of Detective Operations
final Report
Page 92

..

Regardless of one's assignment, supervisors have a responsibility to take corrective action any
time they become aware of employees violating Department policy especially w (en the policy
being violated is a risk management control e.g., having an uninvolved supervisor
approve a booking. In these (and many other) cases the detective supervis

did so.

'I

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 93

CHAPTER IX: UNCONSTITUTIONAL POLICING PERSONNEL COMPLAINTS
Background

The focus of this engagement was to examine the Department's detective operations and, in
particular, the manner in which it conducted homicide investigations. However, because the
issues underlying this audit involve allegations of unconstitutional policing, the
asked that auditors also examine personnel complaints alleging Unconstitutional
detectives.
With respect to personnel complaints, Penal Code Section 832.5

"Each department or agency in this state that employs
procedure 10 investigate complaints by members ofth"
these departments or agencies and shall make a ' ,'t1en
available to the public. .,
Penal Code Section 832 goes on to state that'

ose complaims shall be retained for

"ComplainlS and any reports orfi I
a period ofat least five years"
"The depanment or agen
the disposition ofthe co
The California State Alt

ten notification to the complaining party of
ays ofthe disposition, .,

WI.l

eral halissued a formal opinion that:

a1iml~'Im~~~ntagency may destroy peace officer inrel7lal investigation
Jf'l'i'I'''.''·e

etention period n' when the destruction is solely a matter of
tine lid no other factors are present that would establish 'bad

""-...01~":.:J~ ofprudent policy, a law enforcement agency may determine that a longer
period would promote greater public confidence in its procedures and practices. .,

.:3 California Attorney General Opinion 99-1111 issued May 2. 2000

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Repon
Page 94

In accordance with Government Code Section 34090, the Pasadena Police Department is allowed
to destroy personnel complaint files older than five years, however Pasadena Ordinance requires
that the Department obtain approval from the City Council prior to destroying any personnel
complaint files. One of the personnel complaint files being considered for evaluation during this
engagement had been destroyed pursuant to that process. Auditors were provide
documentary evidence that the file had been destroyed in full compliance with s
local ordinance. We also noted that the Council Report for that destructio
Police Department will maintain all internal investigations, regardle
allegations of sexual misconduct, integrity, lies and officer invo
Audit Sample and Methodology
This portion of the engagement was limited to completed pe
contained one or more allegations of unconstituti· nal
auditors obtained a printout from the Depa
personnel complaints involving detectiv·· 'rs
some cases, that list was expanded t

mts made against certain officers since

their employment.
The summaries for seye

A printout were too vague to determine if a case

whatsoever, while"li~~lil!.1~~a~riz (J the allegation as improper investigation or improper
osc cases, the auditor reviewed each case and made a more specific

,"T~nnM

\'S

of t

!

!'lJrpose of this audit engagement. auditors conducted preliminary

Department's IA personnel and preliminary evaluatIOns ot personnel

investigations involving allegations of unconstitutional policing. Pursuant to our initial findings,
we elected to use a directed and purposeful audit sample.

44

City Manager's report to the Public Safety Committee October 6,2008.

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Rel'Olt
Page 95

Ultimately auditors identified and selected 30 personnel investigations involving potentia]
allegations of unconstitutional policing for the audit. As will be discussed in the following
section, the Department's policy governing personnel complaints was amended in 2004 and
again in 2011. Fourteen of the audited complaints occurred prior to the 2004 change. 12
occurred between 2004 and the 2011 change and 4 occurred after the 20 I I chan\!. .
Auditors requested and reviewed the Department's file for each ofrhe 30 cases sel

e

audit. It was discovered that one ofthc cases did not contain an allegation
policing so it was removed from the audi
developed to capture information regarding the background. i
discipline (sustained allegations) and overall quality for e c
given a summary for each case identifying any missing info
identified by auditors. This gave the Department
information and clarifY any significant issue
sheet to facilitate analysis of the nearly 1...,..-.._",

i'5I'<ii~tives

intake, investigation and

issued governing the Department's

nnel complaints. Pasadena Police Department

Order No 8-8 was issued
and responsibiliti (-'T~1II'lititll~:S'~r,sonnel complaints. That order was superseded by another
order. whicl

with

aintained the same process for initiating and investigating personnel

.......:l1i.::I,:i/"''' It also activated the Values Review Board. which met periodically to

adju
More recently, the Department has adopted a modified version of the policies provided by
Lexipol. a private company that provides law enforcement agencies with template policies which
allows customization to fit their unique needs. Along with that revision. the Department also
adopted the Review Panel model in which management personnel meet to adjudicate personnel

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page 96

investigations. This process, which is generally regarded as the current "best practice" for
adjudicating personnel complaints, is divided into four parts:
1. Investigators brief the Panel on the investigation and Panel members ask whatever
questions they may have. If important information is missing, the investigator is asked to
obtain it and report back to the Panel.
2. If the Panel concludes that the investigation is complete, the investigators a
and the Panel deliberates on the case.
deliberates on the penalty.
3. A report is prepared for the Chief of Police regardinli¥......~
report contains any minority opinions, should th
4.
Without getting bogged down on the subtle
while the exact words may change,

q.'

ther~e,........","

directives:
l. A personnel complaint'

ged violation of the law or allegation which, if

cip1)nary action;
)'

2.

nJidence in the Department and protect its integrity, all
personnel

investigated, documented and filed;
laints will be referred immediately to an on-duty supervisor who will

3. All

plainant (record<:d, if possible), provide the complainant with a
;"l!~..,(f.aint form and take whatever remedial action is appropriate;

4.

....._~.plaint will be forwarded to the Professional Standard's Unit (PSU) for
recordation and assignment;

5. A supervisor will conduct a thorough investigation and submit it through his chain-ofcommand to PSU;
6. The complaint will be adjudicated based on a preponderance of evidence; and,

Pasadena Police Department
Performance Audit of Detective Operations
Final Reran
Page 97

7. The complainant will be notified of the disposition.
Auditors used these broader standards to make their assessments and comparisons of the
personnel complaints in the audit sample.
Objective No. I: Complaint Intake. Determine the Department's policy and practice for the
intake of personnel complaints made by members of the community.
Assessment
Auditors reviewed the Department's policies since 2000 governing t
complaints made by members of the community. Auditors revie ."

Department's attention. As necessary. auditors intervie\

Findings
The Department does not display informatio

a 1:; informing the public of its

expectations regarding employee behav·......,·••IM••

. ignage or printed material regarding

1'1"mnJra,int. It does have on display a form titled
rson to file a personnel complaint. But most
Ie involved the complainant filling out a "Contact
Form" which allows th

indicate whether the "Nature of the Contact" was "Positive or

Negative." At th~~~~~l
indicate the
Rcc

III

da1~ll'ld

ndation No. 43: The Department should prepare a brochure describing the process

for 'tizens to

aICe a personnel complaint. That brochure should be available in the
ublic spaces and on its webpage in languages commonly spoken in the

community.

Pasadena Police Depanment
Pcrfonnance Audit of Detective Operations
Final RCP0l1
Page 98

None of the 24 pre-20W cases selected for this audit contained any intake infonnation from a
supervisor or manager, which makes it impossible to determine the statute of limitations for the
completion of the investigation.
Recommendation No. 44: All personnel complaints should be brought to a supervisor's and
manager's attention immediately and that notification must be documented.
None of the 30 complaints in this audit contained any documentation of a p
investigation by a supervisor. Policy requires that the intake sup
evidence supponing or refuting the allegation. The most egre
a complaint alleged that officers brought him to the stati
interview room when he would not talk
r photographs of the
t to suppon or refute the
allegation.
Recommendation No. 45:
personnel complaint shoul
submit it to PSU along

ith

tified or otherwise becomes aware of a
e requir

duct a thorough preliminary investigation and

fsonm!1' complaint before end-of-watch.
PI.inant alleged misconduct, the supervisor assigned to the

k t rmplainant what he or she wanted to do regarding the complaint.
isor would, m effect, give the complainant complete authority to decide if the
Dep

ift!to pursue the allegation or not. In one case. two very credible witnesses

Pasadena Police Department
Performance Audit of Detective Operations
rinal Repnn
Page 99

complaints based on the desires of a complainant. Once a complaint is made, the Department
should pursue it to the best extent possible. Even if a complaint becomes uncooperative. the
Department still needs to interview key witnesses. examine physical, scientific and documentary
evidence.
Recommendation No. 46: Department policy should state very clearly that, n
is made, it is the Department's responsibility to determine how it should

handle

complainant's mere desire to withdraw a complaint should not resul
automatic closure.

Recommendation No. 47: When a complainant
recorded whenever possible. When it is not

t~[rI.!lf:E

- ......

what prevented it from being recorded.

====="'-~====~~~~r='.t.;!:P Determine if personnel complaints were

Assessment
Auditors reviewe
personnel co

nt's policies since 2000 governing the intake classification of
e by members of the community. Auditors reviewed the personnel
th audit sample to determine they were classified in accordance with

the

t that time. As necessary, auditors interviewed key PPD personnel
ers for policy issues and investigators for any questions on specific cases.

Prior to 20 I I, there does not appear to have been much consistency in the classi fication of
complaints. For example. the classification of Administrative Investigation (AD) was supposed
to be used for, "Complaints involving an employee ofthe police department initiated by another

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 100

employee ofthe department. .,.,5 But all 12 complaints in the audit sample that were classified as
AD wcrc initiated from a community complaint. The other classification of"lA" is supposed to
indicate a fonnal citizen complaint which it did in the 7 cases with that designation.
Beginning in about 2006, the classification of Resolved Complaint (RC) started appearing in the
audit sample as a third classification. While we understand RC was to be used .
or conflicts in which a citizen disagrees with the way they were treated or an inci c
handled, it was used as the disposition for significant allegations such as p
and false arrest. For example, one case alleging false testimony



""'l..U,[l

as an Internal Affairs Investigation and issued an IA number
divisional investigation, it was recommended that the con

complaint (4) or the complai
withdrawals were

recor~d

complainants who alleg~l

-'Oft~~~~

w their complaint was notified of the complaint's disposition
because the complainant would not cooperate, only one did

not receive

personnel complaint printouts produced by PSU often contained incorrect or vague
;nf" _ of;""

Th",

• "I"tion was often shown as "Closed" rather than Unfounded, Exonerated,

Sustained. The "Complainant's Concern" otten dId not provlOe surnClem
infomlation to describe the allegation, e.g., "improper conduct" and "treated unfairly." In
fairness, auditors did not review the full capabilities of PSU's computer system and we recognize
we were provided infoffilation in response to our specific requests. So, the system may well
"S

Department Order B-8, page 6, section V. issued June 24. 1996.

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page 101

have the capacity to provide Department managers with adequate information for its riskmanagement efforts. But, the information we received often did not match the information
gleaned from reviewing the actual complaint files.
Recommendation No. 48: The Department should review all of the classifications for
personnel complaints and ensure those classifications are adequately defined.

Recommendation No. 49: The Department needs to review i
PSU databases to ensure the summary information capture
provides sufficient detail to meet its risk-management r<s
be addressed again under Quality of Adjudication...)1I~_ _~1to.

Ob'ective No.3:

ualitv ofInvcsti

provide adequate information to s
Assessment
mplaints contained in the audit sample to detennine if the

r

investigator gathered su

ormation to adequately investigate the complaint. This

included a reviewJlSl~5t\!!!!.~~

lysical evidence and testimonial evidence. As necessary,

'PD personnel in an effort to locate any evidence not found in the IA

Mos hfthe 25 qre-2010 personnel complaint investigations contained in the audit sample were
either

Q

;{contained insufficient information to adjudicate the eomplaint with any degree

of confidence. One case involving an allegation of excessive force during an arrest outside a
night club was not investigated at all

. In the following four cases, the

supervisor assigned the investigation was intimately involved in the activity that generated the
complaint. In one case, the supervisor witnessed the complainant being searched and then was

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page 102

assigned to investigate the allegation that the search was done to humiliate the complainant
In three cases alleging false arrest, the supervisor assigned to the
investigation either approved the arrest at the time it was made

or

. This is not necessarily a reflection on the

actually made the arrest

supervisors, one of whom went to great lengths in his report to document that he
conflict to the Department's attention, but was told to investigate the complain a
_

We understand that during that time the Department's pract; "

personnel complaints to the accused officer's supervisor regardless 0 the c
That ractice has been discontinued and com
uninvolved supervisor.
Recommendation No. 50: Department policy sho Id p
investigation to a supervisor who was in any \'

~~~ ncident being investigated or

who has a conflict of interest with the aecu."""'- "',."'..
develop a form to be completed and s','

~

tr

regard, the Department should

\!1'~lpe~.sor assigned

complaint stating whether or not

to investigate a personnel

tential, or perceived conflict of interest.

'-';;='__

by PPD supervisors were extremely well done

ce post-20 I0 investigations conducted by the Los
so extremely well done
the L SO investigation not only proved that the accused officer did
mis,P6nduct, but proved that the alleged vehicle stop never occurred

personnel complaints. As we have previously stated, sound risk management
control procedures mandate a separation of duties and effective monitoring in inherently high
risk activities. In the law enforcement arena, inherently high risk activities include the
investigation and adjudication of personnel complaints and any other. administrative investigation
(e.g. use of force, pursuit, or traffic collision). The investigator's job should be to conduct a

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Report
Page 103

thorough investigation, gather alI the evidence (physical, scientific, testimonial. documentary.
etc.) and submit a well-documented report of hisfher findings. The adjudicator's job then is to
review that investigation, ensure it is complete, identify the final allegations and detennine the
appropriate disposition for each allegation. I"nvestigators should not adjudicate and adjudicators
should not investigate.
Recommendation No. 51: Department policy and procedures must den
separation of duties in the investigation and adjudication of personn
investigations.

Objective No.4: Ouality of Adjudication. Dete:~~:::=:==~~
nce of evidence standard.

personnel complaints had a sound factual basis
Analysis
Auditors reviewed the personnel compll\i!mr:l!utl

'e audit sample to determine if there
usi g the preponderance of evidence standard.

was adequate evidence to support

r nnel in an effort to locate any documents not
found in the IA package a
Findings
investigations discussed above rests with the adjudicator

First, responsibili

that an adequate investigation was conducted by an impartial

who should

e 2 . re-2010 cases contained no evidence in the case package that they

supervisor.

had ' ...!::r";!r.... 'iewed by a manager



~

ose cas s appeared to have been submitted directly from the investigator to PSU where
C~i2!.AOS=lT

Where there was evidence of management review, it frequently consisted only

of a Lieutenant's signature ot initials.
Several of the complaints that were adjudicated by a manager had significant deficiencies that
appear to have gone unnoticed in the review process. In one case. the investigator consistently
referred to the complainant by the wrong namc

In another case, PS U

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Repon

Page 104

wrongly identified two officers in the complaint they sent to the officers' supervisor for
investigation. The supervisor identified the error in his investigation, but the error was not
corrccted and the complaint remains, to this day, on the wrongly identified officers' complaint

Recommendation No. 52: The PSU complaint files and the officers' compl
be corrected to accurately reflect the disposition of
There were several serious complaints that appear to not have becrl'l'''l,,~

weapons violations ifhe did not get his sOn to tum h'm
discovered that a warrant had been issued for hi'

ater the complainant

=::'t,~~;;;~ll..dhimself in.

complaint he became uncoopcrative and, as

After filing a

igation was closed. We were

unable to detennine jf a manager revie\'

re was no search warrant, return of

search warrant, arrest warrant (and

, or arrest report in the case package.
sing

I, we were infonned that those reports have

cpartment s regular records destruction process (2004 case).

now been destroyed as pa

leports diere is no way to determine if the complaint had any

Without being able to

validity, let alone,..,~~:.:::;~~
~,in

cu

laint with any degree of confidence

another case, which was reviewed by the Values Review Board

lprainant became uncooperative, the supervisor closed the case and
sub

·~~,.,nle

'rauvt;'jlt:

Values Review Board found that even though the complainant became

11IVC;::'11~allJl~

.3Up""J

VI..,Ul

.:.i,v"",i....i ;.. . .:.-.-..:. vv;;';""

~ ;~;v.i:..: ~u..;.;v_bu

u

••

::::..-~o-•• __ •

The same supervisor investigated both the 2004 and 2008 cases. Despite
recognizing that the investigation was inadequate, the Values Review Board decided to
adjudicate the case as "No Misconduct" any way.

Pasadena Police Department
Perfonnance Audit of Detecti ve Operations
Final Report
Page 105

On the positive side, two of the pre-20 10 case adjudications were very well done. One case even
included a discussion of the accused officer's prior complaints (both sustained and not-sustained)
. In the other case, the adjudicator ensured that the complainant was

reimbursed for her impound fees, even though the impound was reasonable given the facts
known to the officer at the timc

As noted earlier, both of the "nvestigations

for these two cases wcre extremely well done.
Recommendation No. 53: Department policy and procedures mus clear

adjudicator's responsibility to ensure the investigation is adequ
documentation required for a thoughtful adjudication.
The Department's current practice for reviewing per
~~~~
opening part of this section. The use of a Revie
't sample were adjudicated using

law enforcement agencies welL

'he reoorts containing the Board's

Ider requiring adjudicators to take a broader view in
5ti ations. Specifically, managers should seize the
opportunity to
include ade

con<'dffii~rt;1~~llI.n cach case and examine the entire incident.

This should

" supervisory effectiveness, compliance with Department procedures.
authority, etc. For example:

In two c ses, plain clothes officers decided to initiate non-emergency police work outside
While the officers had the legal
authority to take police action. there was no documented management insight regarding a
lone plain clothes officer engaging in police work outside of the City limits.


In one case, officers working with a Probation Officer conducted a probation search of a
residence at 0400 hours

. The investigation did not contain any

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page 106

management insight or commentary related to the time of the search or the related
inherent risks.
Recommendation No. 54: Department policy and procedures should require a manager
adjudicating a personnel complaint to identify any other significant issue that arose during the
incident under review and take appropriate corrective action.
Finally, all of these investigations were suhmitted to PSU. There is no indl
packages that PSU reviewed them for deficiencies or returned the
Further, PSU's authority and responsibility for the final revic

d appr

personnel investigations is not entirely clear. Our review f
indicated that prior to 20 I0 the division lieutenant a

~~~

determination on these cases. That authority ha dl'o.w s .fte
cases. But, the Chief of Police does not hav

. uct a Review Board for every

complaint made to the Department.

utho 'J, responsibility and accountability

for reviewing and approving all ot!

,atever form they may take and under
ced under the direct authority of a Department

;ptlty Chief of Police should be designated as the tinal
I complaints that are not presented to the Review Board.

• "tinn nfPersnnnel COffiolnint Case Pack3j!cs. Determine if personnel
ing retained properly.
Analysis
Auditors reviewed the case packages for the personnel complaints selected for this audit sample
to determine if the investigative material was maintained in each package and if the packages
themselves were being retained in in a secure manner in compliance with local and state laws.

Pasadena Police Department
Perfonnance Audit of Detective Operations
Final Rcpon
Page 107

Findings

Once a personnel complaint is completed, the entire package is supposed to be retained at PSu.
The package should include all the reports pcnaining to the complaint, all material gathered for
the investigation and any material used in the adjudication. Twelve of the 29 audited cases
(41 %) were either missing tape recordings or critical documents.
Department was able to locate the missing recordings and report


recordings were not in the IA case package and the Depa
them
accused officer clearly shows that he attached fou
But, the recordings were not in the personnel compla
locate them.
unfounded



·nywhere else can be destroyed inadvertently.

0.56: All documentation and every recording that is pan of a personnel
.....~....... - I

ould be placed in the case package and retained at PSU.

Recommendation No. 57: PSU should inventory every personnel complaint package to ensure

that all materials are in the package before it is closed and filed.

Pasadena Police Department
Performance Audit of Detective Operations
Final Report
Page 108

CHAPTER 10: CLOSING COMMENTS
In conclusion, we would like to take this opportunity to again thank Chief Philip Sanchez for his
unwavering support for this engagement. His wiJlingness to put his Department under this level
of scrutiny is a testament to his character and his commitment to ensure that the Pasadena Police
Department provides the best law enforcement service possible. While this enga

it also identified numerous improvements that have been made or are in th

ment did

.........

~

implemented under Chief Sanchez' leadership.
Those improvements notwithstanding, leadership cannot be
information and control systems in place. The Departm'

managers must be

held accountable for doing their job effectively and c.(\
Department's leaders must have access to an ob'e
of the Department's inherently high risk fun

::liv=e~,\7:::f!!:~lil."ateand unfiltered analysis
an only be met by establishing a

professional audit unit assigned to the
regular audit and analysis of the DWii.i"Qm
ce should request funding to staff an audit and

,~
This has been discussed with the Chief of Police on several occasions and he supports this
recommendation.

Attachment No.1
SUMMARY OF RECOMMENDATIONS
I. The Department should require that detective personnel use Mel to track and manage
cases (Page 13).
2. The Department should conduct a full review of its automated systems to ensure that data
is being captured correctly and that those systems are producing quality information to
assist managers and supervisors with their responsibilities (Page 13).
3. While the automated systems are being reviewed, the Department s
entity best positioned to verify the accuracy of this data an
resources and responsibility for fulfilling that critical
4. The Department sbould include supervisors in th~
This will allow supervisors to fulfill their re'jl:,~:s!;';;;:3:
properly trained (Page 17).
5. The Department should require su...:.::
with them in conjunction wit

....

~

valuations.. That review should verify
g plan for the employee during the following

the record's accuracy an
year (Page 18).
6.

7.

System should include a description of any seminar lasting 8

'"js to conduct a full review of its training programs for detectives.
must begin the process of ensuring that each and every detective.
ti'/;~lrc~ers rotating through the division, receives the training they need to be

I in their assignments (Page 21).
8. The Department should audit its compliance with detective training that is mandated by
law, e.g., sexual assault. domestic violence, etc. (Page 21).
9. The Department should conduct a full review of its investigative training programs for
PSU. The Department must bcgin the process of ensuring that each and every
investigator receives the training they need to exccl in their assignments (Page 23).

10. The Department should ensure that PSU investigators are sufficiently trained to
investigate critical specialties such as domestic violence and narcotics /alcohol-related
misconduct (Page 23).
11. The Department should require supervisory approval before referring an alternate

felony/misdemeanor case directly to the City Prosecutor (page 29)46
12. The Department should require all officers to enter the appropriate Wl
juvenile arrestees (Page 29).
13. Patrol officers should receive periodic training on the impo .
occupants at each address within the designated canvas
was not present when the incident occurred. The p
be documented in the case file as well (Page 40).
14. The Department should implement a pol'

the basics of the case work side-by-s'

detective who is familiar with

-eq
itl

C

each crime scene and include dy.c1ll'it1lc1l!

e<:r'cian(sl during the processing of
collaboration in the investigation

(Page 41).
15. The Department sho

eamlined, practical system for numbering
ring criminal investigations. Each item of evidence
assigned its own unique item number. The Department

~i:;;;;'-:=~),";'IlOning to a single evidence repon specifically designed to

I""~

t's needs (Page 43).
flicet" should be designated for each search location, especially when a

search 1rrant is involved. The Evidence Officer is responsible for retrieving and

..

.~::~ ~~i.:: ~!! e'::de~:::e ~e:z~ ~! !~e !~et!0!!_ A!!Y0~~ ~!~~ who

C:PP.l::

~ f1ip.Cop. of

evidence should leave it in place and notify the "Evidence Officer" who would then

J6

The Depanment has opted to address this issue through training and supervisory case review. This may suffice as

the City Prosecutor can always return a case for felony consideration.

photograph the evidence in place, recover it and complete the evidence report (Page

43).47
17. The Department should establish a working group of senior homicide detectives and
evidence technicians to propose appropriate policy and procedure recommendations
associated with requests for DNA and other scientific analysis (page 44).
18. Supervisors should be held accountable for ensuring that the detective.

_

receive sufficient training to maintain their expertise on the variou
tools to needed to fulfill and to excel in their investigative res
19. Supervisors should be held accountable for ensuring th . s bo
Department policy governing the conduct of Phot~ eare conducted to ensure detectives and officers

ates

and th

C;~i" with til

.~ply

with

egular inspections

policy (Page 49).
and

20. The Department should conduct a full b'
take appropriate action (Page 50).

I leads and scientific evidence available to

ecide t Ie manner in which it expects its detectives and officers
to

conduct,(l~~!~:e~

documenrthose expectations in its policies, procedures
hold supervisor accountable for ensuring their subordinates'

d their supervisors be required to attend periodic POST certified
nterrog tion Law and Tactics courses in order to keep current on case law and best

4i In lieu of this recommendation. the Depanmenr requires that the search warrant officer photograph all evidence in
place prior to collection. This effectively salisfic$ the concern addressed in this recommendation.

24. Detective supervisors should listen to their detectives' recorded interviews as frequently
as possible and compare the interview to what is written in the ADD report to ensure the
interview was documented completely and accurately (Pagc 55).
25. The Departmcnt should conduct complete biopsies, including a review of court records
and interviews of key witnesses, for the five cases cited in Objectivc 3.3 and take
appropriate action (Page 55).
26. The Department needs to decide the type of interviews it wants re

4)

expectations in the appropriate policy and training directives
accountable for ensuring their subordinates' compliance
where the Department gives detectives discretion in t

t that allows them to be reviewed
(Page 57).
to review and approve a search warrant before

an the supervisor's approval needs to be documented
artment also needs to implement controls to track the return
to conduct regular audits and inspections to ensure

should conduct a biopsy of the four cases cited in Objective 4.3 and take

serial number of the supervisor approving the booking (Page 64).
31. The Department needs to enforce its policy that every arrest must be reviewed and
approved in writing by an uninvolved supervisor and every arrest report must be
reviewed and approved by a supervisor. preferably the one who approved the booking
(Page 65).

32. The Department should create a Chronological log and require all detectives lO use it and
document their actions including court proceedings, discovery requests and final court
disposition. The log should also indicate when the detective supervisor reviewed the case
to ensure the investigation was thorough and on track (page 66).
33. All detectives and their supervisors need to receive periodic training on case management
and organization (Page 70).
34. The Department needs to develop a system so that the content and
homicide case files is consistent and uniform (Page 70).
35. The Department should assign an external hard drive (
investigator for each major police investigation. T1
case's investigative material on that device and mail
the drive's contents. When the case is co
Case Book in a secure location (Page
36. The Department needs to clearl

tations of detective supervisors and
ative functions. Those expectations should
tty high risk investigations. search warrants,
the seizure of high risk evidence including
e Department should also conduct regular periodic

biopsies o",u~~~

to epsure adequate and documented supervision is being provided

(Pag~m...

;;"l;'~.;'""'cicial

approval was required and, if it was, whether or not it was obtained

38. The Department should conduct a management review of the cases cited in Objective 6.1
and take appropriate action (Page 76).
39. All detectives and their supervisors should receive periodic POST certified training
regarding the use and documentation of infornmnls (Page 76).

40. The Department should conduct a thorough review of its policies, practices and
procedures governing the use of informants. This should include supervisory review,
management oversight and implementation of effective control systems (Page 77).
41. The Department should conduct regular and periodic audits of its informant files, policies
and controls (Page 77).
42. The Department should conduct a full biopsy of this case
the issuance of a Notice to Appear to a felony arrestee; how this w
place without any evidence of supervisory intervention; and,
place for detective supervisors to track arrestees assigned to
43. The Department should prepare a brochure describ·
personnel complaint. That brochure should be avai
spaces and on its webpage in languages

partment's public

co~~~~~~in the community (Page 97).
.sor' s and manager's attention

44. All personnel complaints should be h1'l"l'.,h
immediately and that notificatio)~m;;it
45. A supervisor who is noti

ecomes aware of a personnel complaint
preliminary investigation and submit it to PSU
efore end-of-watch (Page 97).

46. Departme....~~~:ss.:
Dep

e very clearly that, once a complaint is made, it is the

onsibihty to determine how it should be handled. A complainant's
aw a complaint should not result in the complaint's automatic

When a 'omplainant recants a complaint, the recant must be tape recorded whenever
POSs] e. When it is not possible, the supervisor needs to state in the report what
prevented it from being recorded (Page 98).
48. The Department should review all of the classifications for personnel complaints and
ensure those classifications are adequately defined (Page 100).

49. The Department needs to review its procedure for popu lating the PSU databases to ensure
the summary information captured for those systems is accurate and provides sufficient
detail to meet its risk-management responsibilities (Page 100).
50. Department policy should prohibit the assignment of a personnel investigation to a
supervisor who was in any way involved in the incident being investigated or who has a
conflict of interest with the accused officer. In that regard, the Departm

t should

personnel complaint stating whether or not there is any actual, potc." ..."",,,,
conflict of interest (Page 101).

52. The PSU complaint files and the officers'...·,_...".,
accurately reflect the disposition of
53. Department policy and procedur~~"'",
ensure the investigation is

ndate an adjudicator's responsibility to
ntai 1$ all supporting documentation required

auld require a manager adjudicating a personnel
ny lIe significant issue that arose during the incident under

R=:t-~

alice should be designated as the final review authority for.!!!!

..

~ ~i:tiio;;.;'I'

aints that are not presented to the Review Board (Page 105).

entation and every recording that is part of a personnel investigation should be
pia < in the case package and retained at PSU (Page 106)
57. PSU should inventory every personnel complaint package to ensure that all materials are
in the package before it is closed and filed (Page 106).

58. The Chief of Police should request funding to staff an audit and inspections function,
which would be assigned to his office, to conduct regular audits of inherently high risk

functions including, but not limited to: use-of-force investigations; officer involved
shooting investigations; detective operations; search warrants; arrest booking and
charging reports; gang enforcement; the control and use of Informants; and, deployment,
command and administrative functions (Page 107).

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