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Home My WebLink AboutORANGE COUNTY DISTRICT ATTORNEY'S OFFICEINSURANCE NOT REQUIRED WORK MAY pROUE0 CLERK OF COUNCIL DATEv 3Ep 2 3 2014 ~} , 3AP1) j ay1br G6 0 Orange County Cold Case Homicide Task Force (OCHTF) N- 2014 -140 This Plan of Cooperation (hereinafter referred to as "P,O,C. ") for the Orange County Cold Case Homicide Task Force (hereinafter referred to as "OCHTF'}, is made and entered into as of August 1, 2014, by and between the signed members of the Law Enforcement agencies and the Orange County District Attorney's Office (hereinafter referred to as "OCDA "), to memorialize the agencies' plans to cooperate in the Investigation and prosecution of previously unsolved homicides that are believed to have occurred in Orange County, The above - listed agencies may be referred to individually as "Party" or collectively as "Parties." I, OVERVIEW Orange County police agencies and the OCDA have aggressively and cooperatively pursued the investigation of unsolved homicides for many years. While many cold cases have been solved, over 1,000 unsolved cases remain open. Like many jurisdictions around the state and country, grange County has continued to review cold case homicides as time and manpower allows. History has shown that when concentrated effort has been given, previously unsolved cases can be solved and submitted for prosecution. However, budgets, caseloads, and other factors frequently compete for time, resources, and effort. It is the intent of this P.O.C. to further reduce the number of unsolved homicides through a consistent and coordinated taskforce composed of experienced homicide investigators, supervisors, analyst, and criminalist. They will diligently pursue unsolved homicides from any Orange County jurisdiction seeking their assistance. 1 II. PURPOSE The purpose of this P.O.C. is to set forth policies and procedures for OCHTF to complete the mission and objectives established by its Policy Committee as outlined in Paragraph III, Mission and Objectives. III. MISSION AND OBJECTIVES The mission of OCHTF is to reduce the number of unsolved homicides in Orange County. This will be accomplished utilizing a core team consisting of the following: Core Team: • Division Commander — (Santa Ana Police Department) ■ 2 Deputy District Attorneys, vertical prosecution 2 DA Investigators, vertical prosecution • 3 DA Investigators, case investigators • 2 DA Investigative Assistants • 1 DA Clerical ■ 1 DA Supervising Investigator • 1 Law Enforcement Supervisor — (Santa Ana Police Department) • 1.5 DA Investigator Foreign Prosecution • 1 Criminal Analyst • Number of full -time and part -time experienced homicide detectives and investigators to be determined by each participating law enforcement agency. Adjunct members: • Federal Bureau of Investigation (FBI). • Orange County Crime Lab. • Other federal, state and /or local agencies may participate in OCHTF with the concurrence of the Taskforce Policy Committee. N Specific objectives of the OCHTF will include: • Identify, target and apprehend persons suspected of committing murders in Orange County. • Enhance prosecution and sentencing of previously unknown murder suspects. • Provide high intensity effort and collaboration in the review and investigation of cold cases. • Enhance the sharing of intelligence information between agencies. • Implement proven cold case strategies and develop innovative new approaches. IV. TASKFORCE ORGANIZATION A. POLICY COMMITTEE The Taskforce Policy Committee will be composed of the heads of each participating agency or their designees. The Committee will be responsible for the approval of goals, objectives, and general policies and procedures that relate to the operation of the team. It will meet on an as needed basis to discuss OCHTF activities and mission accomplishments. B. OPERATIONS COMMITTEE The Operations Committee will be composed of the Assistant Chief or an Assistant Chief from the District Attorney's Office supervising the Homicide Unit and Cold Case Homicide Senior DDA, a Law Enforcement manager assigned to OCHTF (Lieutenant or Commander), and Deputy Chiefs of Police / Captains / Assistant Chief from each participating law enforcement agency. This Committee will have responsibility for the development and implementation of day -to -day operating policies and procedures. It will meet on a regular basis. Additional team members needed to make operational decisions may be included in committee meetings, as required. The Santa Ana Police 3 Crimes Against Persons Commander will serve as the OCHTF Operations Manager, C. ORANGE COUNTY DISTRICT ATTORNEY'S OFFICE (OCDA) As authorized by Government Code Section 26500.5, the OCDA agrees to provide two full -time Deputy District Attorneys (DDAs) experienced in the prosecution of cold homicide cases. The DDAs will be assigned to the OCHTF and will be readily available for consultation, for assisting in the preparation and review of search warrants, and for other legal requirements. The DDAs will also oversee the filing and prosecution of cases generated by the program and will retain complete authority as mandated by law over the filing and prosecution of the cases. The OCDA further agrees to assign two full -time District Attorney Investigators (DAIS) to OCHTF who will assist the assigned DDAs in prosecuting program cases. This assistance may include additional investigation, service of subpoenas, witness management, and work on special projects. Given the nature of the DAIS work, it is not anticipated that the investigator will devote much time to the routine investigation of the cold cases. Both the DDAs and the DAIs will be subject to flexible working hours in accordance with the needs of the Taskforce. Should the assigned DDAs or DAIs become unavailable for an extended period of time, the OCDA will provide an experienced substitute to preserve the effectiveness of the team. In addition to the assigned DDAs and DAIs, the OCDA will also assign its Taskforce Review Aimed at Catching Killers and Rapists (TracKRS) Unit to the Taskforce. TracKRS consists of one supervising investigator, three highly experienced cold case investigators (DAIs), one Criminal Analyst, one Investigative Assistant, and one Clerical position. TracKRS has a Review Committee consisting of police investigators, crime analysts, criminalists, forensic technicians, fingerprint experts, deputy district attorneys, District Attorney Investigators and other experts. TracKRS maintains and provides an information system for Orange County law enforcement agencies to remotely access a secure Internet site of solved and unsolved homicide and sexual assault cases to help M agencies identify cases with evidence that would likely benefit from advances in forensic technology. D. LAW ENFORCEMENT AGENCIES SANTA ANA POLICE DEPARTMENT (SAPD) The SAPD agrees to provide daily management and assign 1 Detective Sergeant, 1 Detective and 1 Civilian Investigator to work exclusively on OCHTF projects and cases. The assigned Detective(s) will work with other OCHTF team members in meeting the mission and objectives of the Taskforce. In addition, SAPD has agreed to provide work space or phone service at its location for the Taskforce members at no cost. The work space will remain available until such time as the needs of SAPD require the space. • PARTICIPATING LAW ENFORCEMENT AGENCIES Participating law enforcement agencies agree to assign a Law Enforcement manager assigned to OCHTF (Lieutenant or Commander), and Deputy Chiefs of Police / Captains / Assistant Chief to the Operations Committee (Section IV -B). V. PROGRAM IMPLEMENTATION Overall coordination of the OCHTF activities is the joint responsibility of the individual team participants consistent with the operation policies established by the Operations Committee. Each agency will cooperate in the team effort, while remaining consistent with the policies and procedures governing their individual agencies. Taskforce members remain employees of their own agencies, however, and are supervised solely by supervisory individuals within that agency, The OCHTF Operations Manager will determine investigation targets and make day -to -day operational decisions for the Taskforce with guidance from the Policy Committee and /or the Operations Committee I and based on input from all team members. Other agencies may participate in OCHTF consistent with any guidance from the Policy Committee. All such agencies, however, must comply with the provisions of this P.O.C. Any decision to seek prosecution of a cold case in federal court will be made by OCDA, with input from other participating agencies. Team members will work together as a team supplementing and enhancing the efforts of every other team member. Coordination and communication will be on a daily basis. Team members generally should not be involved in any work - related activities outside of the OCHTF during the days devoted to OCHTF team efforts. Press inquiries concerning the OCHTF investigations normally should be referred to the agency with original jurisdiction. Press inquiries concerning case filing decisions and pending criminal cases should be directed to the OCDA assigned Deputy District Attorney or the OCDA Director of Media Relations, All team members may comment on their own activities if consistent with the press policies of their respective agencies. L�ii1C�Ti�cyl�i To enhance team communication and responsiveness, Taskforce team members will be physically co- located at the SAPD. There will be no cost to participating agencies for use of space or phone service at SAPD, which can be reviewed annually. Depending on the number of participants, participating agencies may be required to pay the monthly cost of $40 per space at the SAPD adjacent parking structure, Further, the Taskforce team may utilize a transcribing service to transcribe and prepare written reports. If team members use an outside transcribing service, their respective agency will be responsible for payment for those services based on their individual use. In general, travel expenses will be the burden of the agency of original jurisdiction. Shared costs will be considered on a case by case basis. on VII. AMENDMENTS TO THE P.O.C. By a majority vote of the quorum, the Policy Committee may amend any portion of this P.Q.C. or add additional participant(s), as long as such amendments are done in writing and do not materially alter the obligations of the parties here under. VIII. TERM OF THE AGREEMENT This P.O,C. shall commence on August, 1, 2014, and remain continuously in effect, until the termination of the Taskforce. Any participating agency desiring to terminate its participation in this agreement may cease its participation without notice to the Policy Committee. IX. NO EXECUTORY OBLIGATIONS This P.O.C. is intended only as a framework within which the parties intend to pursue a common objective. It- is not intended to be a contract and does not create any mutual obligations. The parties agree that there shall be no legal sanctions available for its enforcement, or for any alleged "breach." 7 X. AUTHORIZATION The undersigned state they represent and have the authority to execute this P.O,C. on behalf of their respective agencies and, in signing this P.O.C., concur with and support the OCHTF mission, as set forth in this P.O.C. and for the period and purposes as stated herein, The parties, by their duly authorized officials, have executed this POC on the respective dates indicated below. v° Tony Ra auckas, District Attorney County of Orange Sandra Hutchens, She iff County of Orange r Carlos Rojas, Chief of Police City of Santa Ana Raul Quezada, Chief of Police City of Anaheim David Cavazo City Manager City of Santa Ana V_ Date ATTWt MiARIA D HUIZA CLERK OF THE COUNCIL Date PROVED AS TO FORM Date �1�� E � Laura A. Rossini Assistaut City Attorney Date 0 Dan Hug `)1s, Chief 6fjPolice City of P,i 1erton (l 1 Robert Handy, Chief of Police City of Huntington Beach / / Kevin J. Raney, Chief of Poll City of Garden Grove -- , .,? ED . Todd Mattern, Chief of Police City of Los Alamitos Date Date Date M 4, r1/1