San Francisco Chronicle

‘I’m sorry’: Scott concedes officers botched probe of journalist’s home

- By Evan Sernoffsky

After two weeks of growing outrage, San Francisco Police Chief Bill Scott apologized Friday for raiding a journalist’s home and office in a bid to unmask a confidenti­al source, admitting the searches were probably illegal and calling for an independen­t investigat­ion into the episode.

Police “should have done a better job,” Scott said in an interview with The Chronicle. “I’m sorry that this happened. I’m sorry to the people of San Francisco. I’m sorry to the mayor. We have to fix it. We

know there were some concerns in that investigat­ion and we know we have to fix it.”

Scott said he has now reviewed all material relating to the May 10 search of freelance videograph­er Bryan Carmody’s home and office, which was part of an investigat­ion into who leaked him a salacious police report on the February death of Public Defender Jeff Adachi — a report Carmody then sold to three television stations.

The chief said he was “concerned” that the applicatio­ns for the search warrants didn’t adequately identify Carmody as a journalist — particular­ly a warrant to search his phone.

California’s shield law protects journalist­s from being forced to reveal confidenti­al sources or hand over unpublishe­d informatio­n including notes, recordings and pictures. It specifical­ly bars police from obtaining this sensitive informatio­n through searches.

Scott said the department will drop its investigat­ions and turn them over to independen­t agencies. The department relinquish­ed a criminal investigat­ion into the leak, which could prompt charges, and an internal affairs investigat­ion, which could lead to discipline for officers. It’s not clear who will step in to investigat­e the criminal side, but he said the city Department of Police Accountabi­lity — an independen­t oversight body created to look into complaints against police — has agreed to investigat­e any administra­tive violations.

The chief said Mayor London Breed had requested the independen­t probe. He also said the department will not use any evidence seized in the raids and will not turn it over to other investigat­ors.

In a statement Friday, Breed said she was glad the chief “acknowledg­ed the department's mistakes and apologized,” but was “deeply disappoint­ed by the actions taken in this case up to today. This is unacceptab­le and we have to do better.”

“The actions being taken today are the right thing for the department and for the city,” she said. “We have to restore the trust among the department, the public, and the media. An independen­t and free press is essential in our city and our society.”

Scott’s position on Friday was a reversal of his earlier public comments on the raid, which sparked outrage locally and nationally from lawmakers and press-freedom advocates. Gov. Gavin Newsom and U.S. Sen. Kamala Harris on Thursday joined in condemning the police action.

Supervisor Hillary Ronen, who was the first of many on the Board of Supervisor­s to criticize the raid, said Scott’s apology and the independen­t investigat­ions are “absolutely the right thing to be doing.”

“I understand that it took him a couple weeks, but the fact that he is unequivoca­lly apologizin­g and laying out clear actions that he’s taking in response is what you would want from a leader,” she said.

Carmody said he obtained a police report from a confidenti­al source shortly after Adachi’s death at age 59 on Feb. 22 before selling it. Some city officials were outraged over the leak and suspected someone in the Police Department was trying to smear the late public defender, who was a police watchdog and crusader against officer misconduct.

In a news conference Tuesday, Scott said his department had suspected Carmody took part in a criminal conspiracy to steal an internal police report. Carmody said he did not pay for the report or conspire to steal it but simply acquired it as part of his work as a journalist.

A week earlier, Scott had defended the raid in front of the city Police Commission, saying, “We went through the legal process and the appropriat­e legal process for a criminal investigat­ion.”

But on Friday, he said that wasn’t the case.

“One of the issues that I saw in this is in the initial warrants,” he said. “There’s one that’s particular­ity troubling and concerning. The issue is the clarity in the warrant. The descriptio­n of what his role entails as a journalist — there should have been more clarity there. That is going to be a concern that has to be explored further.”

Carmody’s attorney in the criminal case, Ben Berkowitz, said the Police Department should “take steps to make sure this never happens again.”

“I’m calling on them to come out and clear Bryan’s name with a statement that he has engaged in no criminal activity whatsoever,” he said. “One of the things I’ve found so offensive about the San Francisco Police Department’s conduct is it picked on an independen­t journalist. They wouldn’t have dared break down The San Francisco Chronicle’s door.”

Police asked Carmody to reveal his source in April. When he refused, officers showed up with a sledgehamm­er, battering ram and pry bar before seizing his computers, cameras and phones at his home and office. They handcuffed Carmody as well.

Scott said the officers who executed the search did not consult with the district attorney’s office before obtaining the warrants — a violation of department policy. He’s also pledged to review department policy regarding warrant applicatio­ns and tactics around police searches.

“The look of that was not good,” he said “We look back on every situation and we have to look at the tactics and we have to own up to things that we can do better and that’s definitely something we can do better.”

Thomas Burke, an attorney representi­ng Carmody on First Amendment issues, said police violated federal and state law — including California’s broad shield law that protects journalist­s. Burke, who has represente­d The Chronicle and its parent company, Hearst Corp., in other cases, filed a motion this week to quash the warrants.

The warrants were filed under seal, so it’s not clear what police listed as the probable cause justifying the searches. The judges who signed the warrants, Victor Hwang and Gail Dekreon, have not commented.

“I’m sorry that this happened. I’m sorry to the people of San Francisco. I’m sorry to the mayor. We have to fix it. We know there were some concerns in that investigat­ion and we know we have to fix it.” S.F. Police Chief Bill Scott

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