4 San Jose Police Officers on Leave During Investigation Into Racist Posts
Four San Jose officers placed on leave after alleged racist and anti-Muslim posts
San Jose police officers’ racist Facebook posts exposed by blogger
Paul admits he hasn’t investigated yet,
but throws officers, active and retired, under the bus!
I tried to call the POA to quit the organization, but answering machine message was rude and the machine is unable to take a message. I went to the web page and clicked on the “Contact” icon, left a message to delete my membership.
GUILTY UNTIL PROVEN INNOCENT! THANK YOU PAUL
Blog post unmasks private ’10-7ODSJ’ group with current, retired officers
Thank you to everyone who sent emails and text messages voicing support for the stance your Board of Directors has taken. Standing united through these troubling times is how we will weather this storm.
The FBI will be investigating the‘10-7ODSJ’ Facebook group. Search warrants have either already been served or are being initiated. Furthermore, the Chief’s Office and Internal Affairs Unit have opened multiple Administrative Investigations. More may follow.
I want to clarify misperceptions that have arisen about LDF representation and actions against individual’s membership status.
LDF representation is governed by the Legal Defense Plan document (“the Plan”) and federal law. Under the Plan, members only receive LDF coverage if the alleged misconduct they engaged in is within the course and scope of their employment as a San Jose police officer. In other words, was the alleged misconduct within their duties and obligations as an officer.
One of the most important things to know and understand is OFF DUTY conduct does not receive LDF representation under most LDF Plans. SJPOA’s Plan explicitly does not cover non-course and scope activity.
For example, LDF sometimes receives requests for coverage from officers facing allegations for receiving a DUI. DUI is not course and scope and does not receive coverage.
In another example, in 2014, an officer posted a series of tweets that the SJPD determined was conduct unbecoming an officer. The officer was terminated. Because tweeting, whether off-duty or on-duty, is not part of the officer’s job duties, he was denied LDF coverage. The officer retained private counsel, at his own expense, and persuaded an arbitrator to reinstate him.
Turning to Facebook posts by participants of 10-70DSJ: The LDF has made a preliminary determination that, like posting tweets, posting on Facebook is not within the course and scope of employment of being a San Jose Police Officer.
Responses to FAQs
Below are some questions and answers about this issue and our LDF program:
Q: If I was on this FB group and didn’t say, see or support any hateful messages will I be subject to removal from the POA?
A: NO. Your status as a member in good standing will remain.
Q: If I was on this FB group will I be automatically kicked out of the union?
A: NO. If you participated in the hateful behavior, whether it was through a post, a picture, a “like” or a “share,” then we will take action. However, you will have due process rights per the bylaws. You will have the opportunity to present your justification to a three-member Hearing Committee per our bylaws.
Q: If I was on this FB group and didn’t say, see or support any hateful messages and I get contacted by our Chief’s Office in regards to this, will our Union represent me?
A: All decisions on representation of members will, as always, be decided by the Legal Defense Fund using normal LDF rules. Primarily, LDF considers whether the actions were within the course and scope of your employment with the City. Participating in a Facebook group is not part of your job. If you are being investigated for failure to report the conduct of others, the LDF may consider this course and scope. As always, the specific circumstances of each case is important.
Q: If I was on this FB group and said something hateful or ‘liked’ it, and participated in the hateful speech in some way, will our Union represent me?
A: Not unless you can explain to the LDF Committee why your actions were within the course and scope of your actions as a San Jose police officer.
Q: Does the POA cover non-course and scope cases (for example this one where officers are off duty on social media)?
A: No. If for example, you are on your own time and are arrested for a DUI, that is not within your course and scope and will not be covered. In 2016 there was a similar incident to what we are currently grappling with. An officer posted social media on his own time and the department moved to terminate him. This was not within the course of scope of his duties and the POA did not provide legal services to this individual.
Q: When a request comes in for Legal Defense coverage, either for an Administrative matter or a Criminal one, what is the process?
A: Here is the process:
Q: I saw the video and the original email that came out on Friday and I took it as there will be no coverage of officers who were just on the FB group. Is that correct?
A: Not correct. The LDF has made a preliminary determination that officers who participated in or encouraged hateful speech will be considered to have acted outside of the course and scope of their employment. Other members, who did not engage in or encourage hateful speech, and who are being investigated for failure to report those who did, will have an opportunity to present the reasons why they should receive coverage to the LDF Committee.
Q: If I was on the FB group and said or posted something that the Chief’s Office believes to be hateful yet I think it was taken out of context, do I get representation?
A: Not unless you can establish that your actions were within the course and scope of your employment.
ATTENTION: PAST ROBBERY UNIT DETECTIVES!
The Robbery Unit is making a display in their unit and wanted to reach out to past robbery detectives to see if they had photos they could put up in the office. Detective Amanda Estantito is the point of contact she can be reached at (408)277-4166. If they would rather go through me they can contact me as well! Thanks for the help.
Sgt. John Carr #3335
San Jose Police Field Training Unit
Please, take the time and read and share this.
to this – sending an unarmed civilian to these calls would be cruel, terrible, and deadly for everyone involved.
themselves” … They can “de-escalate.” Uuuuhhhh…O.K.?
in a “real” fight….I mean a real life or death struggle with a maniac who wants to murder you – not a “scuffle” at a bar or
family get together…You can train armbars, wristlocks, and chokes (not any more!!! Those are DEADLY according to the government) all you want – it will never prepare you for a truly deadly encounter with no refs, coaches, rules, or boundaries….
sweat, urine, and feces? In March 1997, I learned quickly that guys like this don’t want to talk….In fact, he threw 10 of us
around like little children….All the de-escalation and martial arts I knew were completely ineffective…It was worse than any
horror movie I’ve seen – and it’s one of about a hundred memories I wish I didn’t have….
I am truly and seriously scared for them…..
This is to advise you that Jordon J. Freitas passed away
Thank you. Georgia Freitas
Jordon J. Freitas
March 4th, 1934 – June 25th, 2020
Jordon was born on March 4, 1934 in Oakland, CA. He passed away in Escalon, CA on June 25, 2020. He was raised in Hayward, CA and San Jose, CA. Jordon was drafted into the Army in 1959 and served 6 years in Germany. Upon his return, he went to work for the San Jose Police Department in the Property & Evidence Division. In 1979, he and his wife, Georgia, moved to Angels Camp, CA and bought Helda Company. In 1988, Jordon and Georgia moved to Escalon, CA. He volunteered at the Modesto Police Department and then worked part-time as a police assistant issuing parking tickets.
September 23, 1945 – June 18, 2020
San Jose, CA
Thomas Ken Shigemasa passed away peacefully at his home in San Jose on June 18, 2020. He was born on September 23, 1945 in Waipahu, Hawaii to James and Ruth Shigemasa and loved the island life.
|Mark Irwin Anderson 1945 – 2020||Mark started on the SJPD after graduating from the San Jose Police Academy in 1966, graduating from San Jose State in 1968. He was with SJPD until he was drafted in 1968. He attained the rank of 2nd Lt in the MP branch of the US Army. He served in Viet Nam for a year, returning to rejoin the SJPD in 1971, where he was one of San Jose’s Finest, proudly wearing badge number 1285.
In 1979 he took a chief’s position in Lynden WA, and brought them into the 20th century.
He finished out his law enforcement career working for the state of Washington as a fraud investigator for the Department of Social and Health Services.
Though he didn’t have any silver bullets to hand out at the end of an investigation, he always left with a firm hand shake and smile.
Badge number 1285
A friend, Riverside City Police Detective, who goes above and beyond to help the citizens wrote this. Please, take the time and read and share this.
191 U.S. Police Officers have been killed in the Line of Duty so far in 2020…That’s only in the past 7 months…
The total war on police continues…. Now we are being “defunded” and replaced by unarmed social workers or some other sort of civilian worker. I only hope the city and county employers provide FULL DISCLOSURE to what these folks are signing up for and what they’re actually walking in to…..
These workers (as I understand) will respond to “non criminal” calls such as neighbor problems, roommate problems, evictions, mentally ill persons in crisis, and other sorts of non criminal public assistance. Here’s just a few cases from the past 7 months:
– 4 Police Officers were murdered while responding to Neighbor Problems and Civil Eviction Service
– 3 Police Officers were murdered while offering non criminal Public Assistance (e.g. disabled vehicle & stranded motorists)
– 1 Police Officer was murdered while responding to a Roomate Dispute (not domestic violence)
– 1 Police Officer was murdered while transporting a Mentally ill subject to a civil court hearing
I won’t even address the possibility of social workers responding to Domestic Violence calls…We’ve lost hundreds of officers to this – sending an unarmed civilian to these calls would be cruel, terrible, and deadly for everyone involved.
I’ve heard the arguments… “Social Workers know how to talk to people” … “We’ll teach them BJJ so they can defend themselves” … They can “de-escalate.” Uuuuhhhh…O.K.?
Persons in a psychotic state and absolute rage don’t want to talk… All the martial arts in the world will help you very little in a “real” fight….I mean a real life or death struggle with a maniac who wants to murder you – not a “scuffle” at a bar or family get together…You can train armbars, wristlocks, and chokes (not any more!!! Those are DEADLY according to the government) all you want – it will never prepare you for a truly deadly encounter with no refs, coaches, rules, or boundaries….
I wonder how these civilian responders will handle a 185 lb man in a psychotic state completely naked and covered in blood, sweat, urine, and feces? In March 1997, I learned quickly that guys like this don’t want to talk….In fact, he threw 10 of us around like little children….All the de-escalation and martial arts I knew were completely ineffective…It was worse than any horror movie I’ve seen – and it’s one of about a hundred memories I wish I didn’t have….
If you know anyone who gets hired for this civilian-response detail, please let them know what they may be signing up for…I am truly and seriously scared for them…..
San Jose Police Officers Save Baby’s Life
READING MATERIAL: BLACK LIVES MATTER MOVEMENT
|Retired SJPD officer/investigator “DrRon” Martinelli’s non-opinionated, factual and forensic book detailing the founding, development, funding, actors, goals, and objectives of the Black Lives Matter movement has now officially become a best-seller with thousands of copies sold. Ron has accurately prophesized everything that is happening to law enforcement right now and more. The book was recently removed from Amazon’s bookstore after CEO Jeff Bazos declared his financial support for the BLM movement. However, the book can now be ordered at Ron’s forensic site: DrRonMartinelli.com and also at the AmericaOutLoud.com bookstore by typing “Ron Martinelli” or “Black Lives Matter” in the search window. The book has received 98.5% 5-star reviews rating. You can write in your order you would like Ron to personalize and autograph your book. The book is $20 which includes S&H inside the U.S.
Thanks much for your support.
Ron Martinelli, Ph.D., CMI-V
Federal/State Courts Qualified Police/Corrections Practices Expert
Certified Medical Investigator
Martinelli & Associates: Justice & Forensic Consultants, Inc.
310 S. Maple Street, Suite ‘C’, Corona, CA 92880
“Forensic Solutions; not speculation.”
MORE ANTI-POLICE EFFORTS!
You may recognize this as a nationwide anti-police effort!
Schools boot police off campuses
Districts plan to put savings toward structural budget deficits
ALUM ROCK UNION, EAST SIDE UNION HIGH SCHOOL
By Maggie Angst
Two San Jose school districts have joined a nationwide movement to eliminate the presence of police officers on campuses by terminating their contracts with the San Jose Police Department.
The Alum Rock Union and East Side Union High School districts’ boards of education unanimously decided Thursday night not to renew yearslong contracts with the city’s Police Department that funded school resource officers and were expiring this summer.
San Jose Unified – the city’s largest public school district – will discuss its contract with the Police Department at the next board meeting Aug. 6.
“Thank you, community, for coming together, thank you for speaking up on behalf of our children. We look forward to walking with you all in truth for the best outcomes for all of our children,” Alum Rock board member Corina Herrera-Loera said at the meeting.
The terminated contracts will free up $100,000 for Alum Rock and $700,000 for East Side Union, which they plan to use to help offset budget shortfalls caused by the coronavirus pandemic and state funding cuts.
The moves align with similar decisions to terminate contracts with the police in schools across the nation, including in San Francisco and Oakland – a response to calls for police reform and redirecting law enforcement funding following the death of George Floyd when a Minneapolis police officer knelt on his neck for almost nine minutes last month.
But unlike many of other public school systems, law enforcement and education officials in San Jose took a prior step to diminish the role of officers in schools. At the beginning of 2
schools only to ensure safety, not administer punishments to rowdy students.
During the 2019-20 school year, officers who patrolled East Side Union’s schools, which serve more than 26,000 students, issued 31 citations and made five arrests – four of which resulted from fights that broke out.
East Side Union Superintendent Chris Funk said Thursday the law enforcement data clearly indicates that having officers on campus “does not prevent” students from misbehaving and there weren’t enough campus incidents to “warrant having officers on campus.” Police officers still may be used to monitor afterschool events, such as football games where adults and other outside community members may come onto campuses, but they no longer will patrol during regular school hours, Funk said. The district’s previous contract with the Police Department allowed one school resource officer per campus, though because of limited availability and a short-staffed police force only Mount Pleasant and Evergreen Valley high schools consistently saw officers on campus in recent years, Funk said.
Officers also still will be permitted to come onto school grounds for criminal investigations, but board member Pattie Cortese asked administrators to explore an agreement with the Police Department that would require parental notification and presence before interviewing students.
The current sentiment is a stark departure from the push in recent years to increase safety and security measures on campuses following deadly school shootings such as those in Parkland, Florida, and Newtown, Connecticut.
But when a board member pointed that out, Funk said “the chances of an active shooter being on campus is very, very low.” The district will establish a task force in the fall to create new policies for supervision and safety protocols in each of its schools.
Dozens of parents, teachers and community advocates – with newfound backing from elected officials and education leaders – called into the Thursday night East Side Union and Alum Rock board meetings to raise their concerns about officers disrupting student learning and causing fear and anxiety, particularly among students of color.
A Change.org petition created by East Side Union families to terminate the agreement between the district and the San Jose Police Department garnered more than 2,100 signatures in two weeks.
Daniella Acosta, a recent graduate of James Lick High School, told the East Side Union board that school resource officers on her campus have brought her – and other students of color – substantial stress.
“I have grown up with police officers knocking on my door since the age of 3 and gradually became a trigger for my anxiety,” Acosta said. “When I see them on campus, I feel traumatized.” Julia Souza, an attorney at the Law Foundation of Silicon Valley, told the Alum Rock board that the district needs to focus on “supporting children and families and not criminalizing them.
“Cutting the contract is a good start – but it’s just that,” Souza said about their agreement with San Jose Police Department. “ARUSD needs to continue implementing wholesale reform of all school interactions with police, especially when staff are calling the police for children with special needs.” In addition to eliminating school resource officers, East Side Union’s board also proceeded with a plan Thursday night to create a new ethnic studies graduation requirement for high school students. Once the framework is developed, the requirement will apply to students entering their freshman year in the fall of 2022.
Alum Rock School District last week voted to create a committee to explore its own options to implement ethnic studies for its students. The district hopes to launch a pilot program for the 2021-2022 school year.
In upcoming meetings, the Alum Rock school board plans to discuss new options for how administrators and teachers should respond to crimes on campus moving forward, such as establishing new policies around student safety and emergency management.
No, Apple Didn’t Just Add a Covid-19 Tracker to Your iPhone. Here’s What You Should Know
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