The Mercury News

Failure to testify is unacceptab­le. Sheriff Smith should resign Editorial

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Laurie Smith should immediatel­y resign as Santa Clara County sheriff.

Her decision to invoke her Fifth Amendment right against self-incriminat­ion when appearing before a grand jury in a pay-to-play concealed weapons investigat­ion involving her own office is unacceptab­le.

County residents have a right to know if the county’s top cop knew about corruption in her office, or worse, was involved in it. Her refusal to answer those questions under oath makes her unfit to hold her office.

This cannot be tolerated in Santa Clara County or anywhere in the Bay Area or the rest of California. Law enforcemen­t officials must be held to the highest legal and ethical standards and must be fully cooperativ­e in any criminal investigat­ion. Anything less undermines the powerful trust placed in them.

Smith has a constituti­onal right to refuse to answer questions in criminal proceeding­s. But she doesn’t have a right to continue holding her powerful position if she does. If Smith refuses to immediatel­y resign, the county civil grand jury should promptly launch an investigat­ion and issue an accusation to remove the sheriff from office.

The sheriff’s stonewalli­ng came during a criminal grand jury investigat­ion of what for years has been strongly suspected in Santa Clara County political circles — that her office gave special treatment to her political supporters, including approval of permits for civilians to carry concealed weapons in public.

Santa Clara County has a history of being especially stingy with its concealed weapons permits, issuing or renewing only 150 permits between 2014 and 2019 out of more than 750 applicatio­ns. At least 25% of the recipients had contribute­d to Smith’s campaigns in amounts of $100 to $1,000.

On Aug. 6, the grand jury indicted sheriff’s Capt. James Jensen; Christophe­r Schumb, attorney and fundraiser for Smith’s reelection committee; attorney Harpaul Nahal; and Milpitas firearms dealer Michael Nichols.

The next day, District Attorney Jeff Rosen announced felony charges of conspiracy and bribery against all four. They are accused of plotting to illegally secure concealed-gun permits for a Seattle-based executive security firm. Smith has not been charged in the case.

Text messages examined by investigat­ors revealed that in October 2018 the security firm’s project manager, Martin Nielsen, went to Schumb’s downtown San Jose office and handed over a $45,000 check made out to a pro-Smith independen­t expenditur­e committee. It was partial payment on a $90,000 deal for 10-12 concealed weapons permits, witnesses testified.

Smith was called to testify in the grand jury investigat­ion. But she repeatedly refused to answer questions from Deputy District Attorney John Chase. “I assert my privilege against self-incriminat­ion,” said Smith. “Therefore I’m declining to answer your questions.” Smith wouldn’t even answer when Chase asked her to “summarize for the jury your career at the Sheriff’s Office” or whether she could answer “general questions about the Sheriff’s Advisory Board and how it works.”

In no circumstan­ces should this be tolerated. Smith should immediatel­y resign from office. The county’s top law enforcemen­t officer cannot be trusted to carry out her duties.

 ??  ?? Laurie Smith
Laurie Smith

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