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I It is my belief that if the Office of Independent Review,was made aware that Commander Alvarez 2 and I had indeed followed SAPD policy/procedure, with regards to the reporting of officer misconduct, they would not have made some of the assertions and recommendations they did. 3 Additionally, had an Internal Affairs Investigation been initiated in August of 2020 instead of 7 4 months later, our Internal Affairs Unit would have had the ability to conduct a more thorough and accurate investigation. This 7-month delay impeded and interfered with the alleged sexual assault 5 and Internal Affairs investigation." 6 31. With regard to post-OI Report communications,Commander Moreno's complaint also stated: 7 "On 4/11/23, I met with DC Rodriguez and we discussed the OIR's Assessment report. DC 8 Rodriguez did not deny that I had reported misconduct to him shortly after the Culichi Town incident 9 . . . I asked DC Rodriguez if he had told Chief Valentin about the misconduct I had reported. DC Rodriguez indicated that he indeed did notify Chief Valentin at the time I reported it to him"; and 10 "On April 6, 2023 I spoke to Sergeant Barragan; we discussed the Assessment by the OIR and his 11 initial reporting of the alleged misconduct. 12 I spoke to Commander Alvarez on April 7, 2023 and I advised him that I was going to make an 13 allegation of misconduct against DC Rodriguez about this incident. Commander Alvarez stated he 14 Would be available to be interviewed and discuss his interaction with DC Rodriguez regarding the alleged misconduct of our officers at the Culichi Town restaurant." 15 16 32. Commander Moreno's complaint also detailed some of the reports to him and by him: 17 "Approximately a week after the incident,I was approached by Sergeant Luis Barragan,who at the time was assigned as the Watch 2 sergeant of the Southcoast District(280). I subsequently learned 18 from Sergeant Barragan, that he was not working on the night of the incident, however when he 19 returned to work,he learned about the incident which had occurred at the Culichi Town restaurant. Officer's that responded to the call were concerned how the alleged sexual assault by one of 20 members of the MET team was investigated. Sergeant Barragan stated that his officers told him that some members from the SAPD's Major Enforcement Team (MET) were off-duty and were 21 patronizing the Culichi Town Restaurant. Sergeant Barragan indicated that his officers told him that 22 Officer Andres Gil also responded and proceeded to interfere and impede in the manner in which the investigation was conducted. Sergeant Barragan also learned that one of the responding officers 23 viewed a cell phone video that had been taken by an unknown patron.According to this officer,he 24 told Sergeant Barragan that the video had captured Sergeant Lizardi (off-duty) at the incident. Sergeant Barragan's officers were concerned because it involved members of the MET team and 25 because there was outside interference by on and off-duty officers at the scene. They felt that the sexual assault investigation had not been handled properly because members of the MET team had 26 been involved and other officers (on-duty and off-duty officers) ensured that the proper 27 documentation and notifications were not conducted.They also expressed concern of retaliation from members of other SAPD personnel if they reported this alleged misconduct in a formal manner. 28 After Sergeant Barragan's reporting of the alleged misconduct, I met with my direct supervisor, Deputy Chief Eric Paulson. I advised Deputy Chief Paulson of what had been reported by Sergeant s KACHnusKYv. CITYOFSANTAANA CASENo. COWLAINF