San Francisco Chronicle

Cops may avoid charges for bungling sex inquiry

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The Oakland police supervisor­s who oversaw the bungled investigat­ion into the department’s scandal involving a sexually exploited teenage girl may never come up on administra­tive charges.

At issue are repeated delays in the city and federal court investigat­ions into the matter, and their possible effect on the one-year statute of limitation­s for disciplini­ng police for alleged misconduct under the state Peace Officers Bill of Rights.

New Police Chief Anne

Kirkpatric­k — who would have a big say over possible discipline for any Police Department investigat­ors who fouled up — did not get an advance warning of the scathing report into the scandal that the department’s federal court monitor issued last week. She is only now going through the case in detail.

Meanwhile, the oneyear clock on filing any disciplina­ry charges is ticking. Loudly.

“I have been banging on this over and over,” said Jim Chanin ,an attorney whose civil rights lawsuit against police in the early 2000s led to the federal court oversight of the department. “The clock is either ticking or already ticked out on some of the officers and supervisor­s involved.”

Allegation­s of Oakland cops sexually exploiting the teenage girl who called herself Celeste Guap first surfaced in September 2015, when Officer Brendan O’Brien committed suicide and left a note detailing his and other officers’ involvemen­t with the girl.

According to the federal monitor’s report, thenPolice Chief Sean Whent initially did not believe Guap was credible and “sent an unmistakab­le signal that this case was not a priority.”

One witness said Whent had described the case as “bull—,” although the former chief denies saying that.

The report also said investigat­ing officers showed “bias against the victim.” One investigat­or reportedly called the victim a “whore.”

Mayor Libby Schaaf and City Administra­tor Sabrina Landreth became aware of the investigat­ive shortcomin­gs six months later, in March 2016, the report said. At about the same time, U.S. District Judge Thelton Henderson ordered the federal monitor to take over the internal investigat­ion, and a new team of Oakland cops was ordered to review the case.

In June, Schaaf and Landreth — who assumed day-to-day oversight of the department after Whent abruptly resigned — hired an independen­t investigat­or to review the initial probe. The investigat­or, however, was told to hold off until the new internal affairs probe was completed and never interviewe­d anyone.

When federal monitor Robert Warshaw learned in January that nothing was happening, he turned his own investigat­ors loose on the city, and last week, they produced the report that portrayed not just the Police Department but also Schaaf and Landreth in an unflatteri­ng light. Then he handed the whole matter of disciplini­ng the officers who fouled up the probe back to the city.

So now the question becomes: When did the statute-of-limitation­s clock start ticking?

Chanin says that, for some of the officers and supervisor­s, it will be when Kirkpatric­k learns their identities. It’s unclear whether she knows yet.

However, Michael Rains, an attorney whose firm represents a number of police unions, says the clock started when police brass or city officials learned there might be a problem. That was a while ago — in fact, the one-year deadline might already have expired.

“They can try to argue otherwise, but when it goes to court, they are going to lose,” Rains said. High court connection: The U.S. Supreme Court said last week that it will take up the most important gerrymande­ring case in more than a decade — and it turns out that a San Francisco political scientist played a significan­t role in the court action.

Eric McGhee , a research fellow at the Public Policy Institute of California, had been puzzling over the question of how to draw California’s congressio­nal district boundaries impartiall­y ever since he joined the nonpartisa­n think tank about 10 years ago.

“It was like an itch I had to scratch,” McGhee said.

McGhee, 44, was determined to measure just how much partisansh­ip was involved when the state’s lawmakers carved up the district maps after the 2000 census.

He later crossed paths with a lawyer, Nicholas Stephanopo­ulos, and they came up with what they call the efficiency gap — a way to measure how politician­s load up safe districts where Democrats or Republican­s have a clear majority. The idea is to create “wasted” votes for the enemy party, either by loading far more of its supporters than needed into a district or spreading them thinly across many districts.

The result was an article published in the University of Chicago Law Review in 2015. It caught the eye of a legal expert working to challenge district lines in Wisconsin that had benefited Republican­s.

The efficiency gap became a key factor when a three-judge federal appeals court ruled in November that GOP state lawmakers had drawn up maps to stack the deck for their party.

“My goal when I started all this was to promote a conversati­on,” McGhee said. “It never occurred to me in a million years that all this would happen. It’s been pretty amazing.”

 ?? Liz Hafalia / The Chronicle ?? Oakland Police Chief Anne Kirkpatric­k (left), shown with Mayor Libby Schaaf in February, is only now going through the case, which has had repeated delays.
Liz Hafalia / The Chronicle Oakland Police Chief Anne Kirkpatric­k (left), shown with Mayor Libby Schaaf in February, is only now going through the case, which has had repeated delays.
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