Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
SAN BERNARDINO - Police administrators confirmed Friday that embattled Sgt. Bradley Lawrence, who faces allegations of unlawfully detaining suspects, has been placed on paid administrative leave.
"He's on administrative leave as of yesterday," Assistant Police Chief Walt Goggin said in a telephone interview.
The move represents an abrupt shift for the department. Lawrence had continued to work since July 2, when Sgt. Michael Desrochers first alleged that Lawrence may have illegally detained two suspects while securing a search warrant as part of a raid at a San Bernardino apartment complex.
City Attorney James F. Penman said Lawrence was placed on leave as the result of new information.
"His current status is not related to the case that has been the subject of recent news stories," Penman said.
Desrochers alerted police administrators about his concerns July 2, including sending a lengthy e-mail to Goggin. News of the arrests became public when documents and tapes surfaced days later.
The allegations gathered steam during a bail hearing Aug. 1 in San Bernardino Superior Court, when Desrochers and Lawrence offered conflicting accounts of the arrests during testimony under oath.
Two defendants at the heart of the arrest allegations, Carl Edward Alexander and Donald Joseph Mackson, remain in police custody on $1 million bail each.
Alexander and Mackson were detained during a traffic stop without cause - and
Advertisement
prior to the securing of any warrant for apartment, their lawyers allege.
Contacted by phone Friday, Lawrence declined comment.
Police administration said the allegations, which some have said could rise to a level of criminal misconduct, were not being investigated by an independent agency.
"We conduct our personnel investigations," Goggin said. "Administrative personnel matters are investigated internally."
After the story first became public on July 16, Chief Michael Billdt said the department would not "condone conduct that violates our departmental policies."
Speaking on Billdt's behalf Friday, Goggin sought to explain that the allegations may not constitute misconduct.
"I'm not commenting specifically on this matter," Goggin said. "I can say that from a broad perspective, there may be legitimate reasons as for why somebody may be detained for the service of a search warrant or other investigations."
Penman sought to draw a line between charges against Lawrence and police leadership.
"If it has happened on occasion," Penman said of the allegations of illegal detention, "it has not been approved by police administration."
Penman said Lawrence's conduct may be similar to what is alleged, yet still within the law.
"An officer can detain someone if they have a reasonable suspicion while they make some effort to discover whether there is probable cause to make an arrest," Penman said.
When told of the phrase "on ice" being allegedly written into booking logs and common parlance in the department, Penman reiterated that the words don't necessarily constitute unlawful detention.
"It's an unfortunate, and not very smart, phrase for them to use," Penman said.
Deputy Public Defender Sam Knudsen, who represents Alexander, took issue with Penman's comments. Alexander is being held on charges of drug possession and street terrorism.
"This isn't about words, this is about police conduct," Knudsen said. "Young men and women are fighting and dying in foreign countries for a way of life in which everyone is protected from this type of conduct."
And the situation isn't limited to the case of the seven suspects on July 2 or another matter alluded to by Penman.
Local attorney Gary Wenkle Smith represents 29-year-old Greg Parker, who he said was arrested Sept. 19 in Fontana before being handed over to Lawrence, who held him for hours before illegally searching his home and car, Smith said. Parker was charged with possession of marijuana for sale and gun possession.
"In my book, this is kidnapping, felony stuff," Smith said. "And I intend to file a motion to suppress evidence based on initial, warrantless searches without consent."
In a booking log obtained by The Sun dated Sept. 19, the name Greg Parker appears next to a series of columns labeled "unknown." In the last column, headed "case number," the phrase "unknown subject is on ice" is written.
Smith said he believes Lawrence has been involved in at least six incidents of illegally detaining people since last September and suggested the circle will enlarge as more evidence comes out.
"Lawrence doesn't operate alone," Smith said. "It appears the SBPD hierarchy approves of this tactic."
The court case, which has seven total defendants, was initially prosecuted by Deputy District Attorney Lisa Rogan. Three of the seven took plea bargains, which their lawyers are now fighting to withdraw through motions to the court, according to court records.
The case is now being handled by another prosecutor, James Hoffman.
When contacted this week, Rogan declined to comment and said she had been subpoenaed in the case.
The case has drawn the attention of other defense lawyers, who said they have heard rumors about suspects being held "on ice" against their Fourth Amendment rights prohibiting illegal search and seizure.
"People want to see San Bernardino cleaned up, but it should be done in a constitutional manner," said Deputy Public Defender David Menezes, who attended the Aug. 1 hearing.
The American Civil Liberties Union of Southern California has taken an interest in the case. Peter Bebring, an ACLU staff attorney, said an investigation into the matter has been ongoing since last month.
After testifying at the Aug. 1 bail hearing, Desrochers said his word has always been direct.
"I told the truth, the straight truth of the incident," Desrochers said. "I also said that the declaration to increase the bail did not match the information I was given on July 2."
As for Lawrence's account, Desrochers pulled no punches.
"It's absolutely inaccurate," Desrochers said.
In his e-mail to Goggin, Desrochers said one of his concerns is, "that this type of activity has occurred in the past with Sgt. Lawrence and his detentions to where they have been left in the jail overnight."
The misconduct allegations are not the first for Lawrence, who was accused of tying a youth to his patrol car and threatening to drag him in 1989.
News of the allegations has been on the minds of many officers in the department. One officer who asked not to be named called it "an unfortunate incident that I hope will be fully investigated and the appropriate action taken."
Four of the defendants in the case are scheduled to return to court Tuesday for a pretrial hearing. The three defendants who took plea bargains, and who are now trying to withdraw their pleas, are set to return to court Aug. 15, according to court records.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: San Bernardino County Sun
Copyright: 2008 Inland Newspapers
Contact: Home - San Bernardino County Sun
Website: Police officer on paid leave - San Bernardino County Sun
"He's on administrative leave as of yesterday," Assistant Police Chief Walt Goggin said in a telephone interview.
The move represents an abrupt shift for the department. Lawrence had continued to work since July 2, when Sgt. Michael Desrochers first alleged that Lawrence may have illegally detained two suspects while securing a search warrant as part of a raid at a San Bernardino apartment complex.
City Attorney James F. Penman said Lawrence was placed on leave as the result of new information.
"His current status is not related to the case that has been the subject of recent news stories," Penman said.
Desrochers alerted police administrators about his concerns July 2, including sending a lengthy e-mail to Goggin. News of the arrests became public when documents and tapes surfaced days later.
The allegations gathered steam during a bail hearing Aug. 1 in San Bernardino Superior Court, when Desrochers and Lawrence offered conflicting accounts of the arrests during testimony under oath.
Two defendants at the heart of the arrest allegations, Carl Edward Alexander and Donald Joseph Mackson, remain in police custody on $1 million bail each.
Alexander and Mackson were detained during a traffic stop without cause - and
Advertisement
prior to the securing of any warrant for apartment, their lawyers allege.
Contacted by phone Friday, Lawrence declined comment.
Police administration said the allegations, which some have said could rise to a level of criminal misconduct, were not being investigated by an independent agency.
"We conduct our personnel investigations," Goggin said. "Administrative personnel matters are investigated internally."
After the story first became public on July 16, Chief Michael Billdt said the department would not "condone conduct that violates our departmental policies."
Speaking on Billdt's behalf Friday, Goggin sought to explain that the allegations may not constitute misconduct.
"I'm not commenting specifically on this matter," Goggin said. "I can say that from a broad perspective, there may be legitimate reasons as for why somebody may be detained for the service of a search warrant or other investigations."
Penman sought to draw a line between charges against Lawrence and police leadership.
"If it has happened on occasion," Penman said of the allegations of illegal detention, "it has not been approved by police administration."
Penman said Lawrence's conduct may be similar to what is alleged, yet still within the law.
"An officer can detain someone if they have a reasonable suspicion while they make some effort to discover whether there is probable cause to make an arrest," Penman said.
When told of the phrase "on ice" being allegedly written into booking logs and common parlance in the department, Penman reiterated that the words don't necessarily constitute unlawful detention.
"It's an unfortunate, and not very smart, phrase for them to use," Penman said.
Deputy Public Defender Sam Knudsen, who represents Alexander, took issue with Penman's comments. Alexander is being held on charges of drug possession and street terrorism.
"This isn't about words, this is about police conduct," Knudsen said. "Young men and women are fighting and dying in foreign countries for a way of life in which everyone is protected from this type of conduct."
And the situation isn't limited to the case of the seven suspects on July 2 or another matter alluded to by Penman.
Local attorney Gary Wenkle Smith represents 29-year-old Greg Parker, who he said was arrested Sept. 19 in Fontana before being handed over to Lawrence, who held him for hours before illegally searching his home and car, Smith said. Parker was charged with possession of marijuana for sale and gun possession.
"In my book, this is kidnapping, felony stuff," Smith said. "And I intend to file a motion to suppress evidence based on initial, warrantless searches without consent."
In a booking log obtained by The Sun dated Sept. 19, the name Greg Parker appears next to a series of columns labeled "unknown." In the last column, headed "case number," the phrase "unknown subject is on ice" is written.
Smith said he believes Lawrence has been involved in at least six incidents of illegally detaining people since last September and suggested the circle will enlarge as more evidence comes out.
"Lawrence doesn't operate alone," Smith said. "It appears the SBPD hierarchy approves of this tactic."
The court case, which has seven total defendants, was initially prosecuted by Deputy District Attorney Lisa Rogan. Three of the seven took plea bargains, which their lawyers are now fighting to withdraw through motions to the court, according to court records.
The case is now being handled by another prosecutor, James Hoffman.
When contacted this week, Rogan declined to comment and said she had been subpoenaed in the case.
The case has drawn the attention of other defense lawyers, who said they have heard rumors about suspects being held "on ice" against their Fourth Amendment rights prohibiting illegal search and seizure.
"People want to see San Bernardino cleaned up, but it should be done in a constitutional manner," said Deputy Public Defender David Menezes, who attended the Aug. 1 hearing.
The American Civil Liberties Union of Southern California has taken an interest in the case. Peter Bebring, an ACLU staff attorney, said an investigation into the matter has been ongoing since last month.
After testifying at the Aug. 1 bail hearing, Desrochers said his word has always been direct.
"I told the truth, the straight truth of the incident," Desrochers said. "I also said that the declaration to increase the bail did not match the information I was given on July 2."
As for Lawrence's account, Desrochers pulled no punches.
"It's absolutely inaccurate," Desrochers said.
In his e-mail to Goggin, Desrochers said one of his concerns is, "that this type of activity has occurred in the past with Sgt. Lawrence and his detentions to where they have been left in the jail overnight."
The misconduct allegations are not the first for Lawrence, who was accused of tying a youth to his patrol car and threatening to drag him in 1989.
News of the allegations has been on the minds of many officers in the department. One officer who asked not to be named called it "an unfortunate incident that I hope will be fully investigated and the appropriate action taken."
Four of the defendants in the case are scheduled to return to court Tuesday for a pretrial hearing. The three defendants who took plea bargains, and who are now trying to withdraw their pleas, are set to return to court Aug. 15, according to court records.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: San Bernardino County Sun
Copyright: 2008 Inland Newspapers
Contact: Home - San Bernardino County Sun
Website: Police officer on paid leave - San Bernardino County Sun
