Correspondence - CS Item No. 3 - Laserfiche WebLink

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1 63. With regard to post-OI Report communications,Commander Moreno's complaint also stated: 2 "On 4/11/23, I met with DC Rodriguez and we discussed the OIR's Assessment report. DC 3 Rodriguez did not deny that I had reported misconduct to him shortly after the Culichi Town incident 4 . . . 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 5 "On April 6, 2023 I spoke to Sergeant Barragan; we discussed the Assessment by the OIR and his 6 initial reporting of the alleged misconduct. 7 I spoke to Commander Alvarez on April 7, 2023 and I advised him that I was going to make an 8 allegation of misconduct against DC Rodriguez about this incident. Commander Alvarez stated he 9 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." 10 11 64. Commander Moreno's complaint also detailed some of the reports to him and by him: 12 "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 13 from Sergeant Barragan, that he was not working on the night of the incident, however when he 14 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 15 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 16 patronizing the Culichi Town Restaurant. Sergeant Barragan indicated that his officers told him that 17 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 18 viewed a cell phone video that had been taken by an unknown patron. According to this officer,he 19 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 20 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 21 been involved and other officers (on-duty and off-duty officers) ensured that the proper 22 documentation and notifications were not conducted.They also expressed concern ofretaliation from members of other SAPD personnel if they reported this alleged misconduct in a formal manner. 23 24 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 25 Barragan. Deputy Chief Paulson was immediately concerned about the allegations and we agreed that I would formally advise Deputy Chief Rodriguez, who at the time of this incident still held the 26 rank of Commander and was the Commander of the Internal Affairs Unit.As I prepared to meet with 27 Deputy Chief Rodriguez, he stopped by the Watch Commanders Office. I told DC Rodriguez that I had something important to discuss with him. He sat down and I reported the alleged misconduct 28 that Sergeant Barragan had reported to me. 12 MENENDEZ V. CITY OF SANTA ANA CASENO. COMPLAINT