OAKLAND POLICE DEPARTMENT INTERNAL AFFAIRS DIVISION REPORT OF INTERNAL INVESTIGATION FILE NO. 15-0771 OMPLAINAN T: ABSTRACT OF ALLEGATION: APPLICABLE DISCOVERY OF ADDITIONAL Oakland Police Department It is alleged of?cers engaged in improper conduct with a prostitute. b3,b4 It is alleged of?cers had sex in a public placealleged of?cers were aware of misconduct and failed to report it. MOR 314.03-2 General Conduct MOR 314.42-1 Obedience to Laws Felony b3 b4 3 4 MOR 314.48-1 Repo?ing Violations of Laws. Ordinances, Rules, or Orders b3 b4 It is alleged an of?cer was 1u1t1uthful. MOR 398.80-1 Truthfuhiess NOTE: All definitions, concepts, facts, conclusions and recommendations contained herein are strictly administrative in nature without force of law and have no bearing on any legal body with competent authority. Summary statements have been written to re?ect the individual ?5 recollection of the incident. No portions contained therein have been supplemented by the Internal Affairs Division. SUBJECT OF COMPLAINT: Officer Terryl Smith, 9238 Officer James Ta’ai, 9240 Ofc A, (b)(3), (b)(4) Officer Warit Uttapa, 9254 Ofc B, (b)(3), (b)(4) Ofc C, (b)(3), (b)(4) Ofc D, (b)(3), (b)(4) Ofc E, (b)(3), (b)(4) Ofc F, (b)(3), (b)(4) Officer Luis Roman, 9251 Ofc G, (b)(3), (b)(4) Ofc H, (b)(3), (b)(4) Ofc I, (b)(3), (b)(4) Ofc J, (b)(3), (b)(4) Sergeant Leroy Johnson, 7806 Ofc K, (b)(3), (b)(4) Ofc L, (b)(3), (b)(4) DATE/TIME OF INCIDENT: 25 Sep 15 / 2245hrs LOCATION OF INCIDENT: 455 7th Street DATE COMPLAINT RECEIVED: 25 Sep 15 ASSIGNED INVESTIGATOR(S): Lieutenant Alan Yu (Primary) Sergeant Mildred Oliver Sergeant Nicholas Calonge Sergeant Jason Skrdlant 2 Table of Contents BACKGROUND 5 COMPLAINAN STATEMENTS Compl. 6 SUBJECT STATEMENTS 26 Of?cer Terry] Smith 26 Of?cer James Ta'ai 39 3? 4 46 Of?cer Warit Uttapa 55 Sergeant Leroy Johnson 69 1) 3'126 Of?cer Luis Roman 133 Ofc G, (b (3 (b (4 146 ?fn (hWRl (mun 152 174 INVESTIGATION AND OTHER RELEVANT INFORMATION 177 Physical Canvass 1 77 Social Media amass/Evaluation 178 Press Coverage and Media Analysis 181 Phone Evidence 184 Compl, I'hone Evidence 185 Facebook Friends list Audit 186 Facebook photos/ comments Audit 186 Facebook Warrant Data (July 11. 2016) 187 Instagram Wan'ant Data (July 7. 2016193 CREDIBILITY ASSESSMENTS 194 TRAINING AND POLICY RECOMMENDATIONS 199 RECOMMENDED FINDINGS .............................................................................................................................. 201 As to Officer Terryl Smith: ......................................................................................................................... 201 As to Officer James Ta’ai: ........................................................................................................................... 202 : ........................................................................................................................ 203 Ofc A, (b)(3), (b)(4) As to Officer Warit Uttapa: ......................................................................................................................... 204 As to Sergeant Leroy Johnson: .................................................................................................................... 205 ................................................................................................................... 206 Ofc B, (b)(3), (b)(4) : ................................................................................................................ 207 Ofc C, (b)(3), (b)(4) ........................................................................................................... 208 Ofc D, (b)(3), (b)(4) ............................................................................................................. 209 Ofc E, (b)(3), (b)(4) .......................................................................................................................... 210 Ofc F, (b)(3), (b)(4) As to Officer Luis Roman: .......................................................................................................................... 211 .......................................................................................................................... 212 Ofc G, (b)(3), (b)(4) :.................................................................................................................... 213 Ofc H, (b)(3), (b)(4) ......................................................................................................................... 214 Ofc I, (b)(3), (b)(4) ........................................................................................................................ 215 Ofc J, (b)(3), (b)(4) : ........................................................................................................................ 216 Ofc K, (b)(3), (b)(4) ............................................................................................................................ 217 Ofc L, (b)(3), (b)(4) Appendix A - Witness Interviews ........................................................................................................................... 219 Unavailable / Refused Witnesses ................................................................................................................ 245 Appendix B - List of Evidence ................................................................................................................................ 248 Appendix C - (b)(3), (b)(4), (b)(5) Suicide Note .................................................................................................... 251 (C) 4 BACKGROUND On 25 Sep 15, the Oakland Police Department (OPD) discovered that (M6) took his own life at his residence in Oakland and a Criminal Investigation was subsequently initiated. During the com?se of the criminal investigation, Homicide Investigators recovered a suicide note. The suicide note appeared to have been written by 03) ho also le? the passcode to his personal IPhone. In the claimed that suicide. 3, 4, 5 was the "catalyst" of his _stated that-advised OPD Sergeant Leroy Johnson that she had been sexually involved with many OPD of?cers while underage. The Criminal Investi ation Division (CID) discovered the names of current and fonner OPD of?cers in W11 phone that linked them to As a result, Lieutenant Roland Hohngren ommander) contacted the Internal Affairs Division (IAD) ormnander (Captain Donna Hoppenhauer) to advise they had discovered potential misconduct. This internal investigation was initiated following the noti?cation. COMPLAINANT omp' (Video recorded statement taken by Homicide Sergeant B. Baker and Sergeant J. Andersen 011 30 Sep 15. from 0750 1026 hours. at the Police Administration Building. Room 203.) I began the intelview by refusing to answer Andersen?s questions about her bilthdate and age. _said that she does not want to ?snitch? and ?get people in trouble.? After ?fteen minutes and several requests. _wrote her birthdate on Andersen?s notepad. (8:24) Andersen asked about her relationships with all OPD personnel and_ immediately responded. ?Well then. I was 18 when I was fucking with all of them.? When Andersen responded that was not tlue. did not respond to him. (8:26) Baker stated that-was a victim and that age and age difference were factors. Compl responded. like older men.? '0 '0 (8330)- quickly replied. didn?t touch them. I didn?t touch nobody. when asked about other of?cers. b3 b4 b5B _immediately replied. have never fucked that man: I have never done anything sexual to him.? after being asked about Sergeant Leroy Jolmson. Johnson was friends with ompl and r-espected him. i b3 b4 OW 3 4 - then stated, didn?t touch nobody and nobody touched me.? b3 b4 b3 b4 (8:33) Compl replied. ?No? when asked if she had a sexual relationship with anyone in the CPD. At this point in the interview, takes a sel?e with her cellphone and Changes the topic br talking about her purse and items inside her purse. (8:49) denied any sexual interactions with OPD of?cers by stating never peived any of them.? also denied having sex with 3 4 or retired Sergeant Leroy Johnson (OPD). admitted having sex with three of?cers after being assured that they would not get in trouble if she was 18. At this point in the interview shows Andersen O?icer James Ta ?ai?s (OPD) Facebook page on her phone and identi?es Ta ?ai as someone she had sex with. stated she had sex with Ta?ai on a picnic table when she was 18. (9:44) Compl denies that she had sex with Ta?ai; however. _Con?rined she had sex with (9:01 9.07) During a break, used her cell phone to call an unknown person. talked about deriving eveijrthing and not ?snitching on anyone. said there was a person in the OPD who thought she was his only one; therefore, she did not want him to find out. stated she is a ?badge burmy? 3 4 continued to state she would deny everything. (9:46) Baker confronted with her contradicting statements and stated she just wanted to say she did not sleep with anyone. 3 4 was asked to provide the names of the of?cers she slept with in order to prevent b3rte (ff3(er?s hurting themselves. Compl responded by writing dow (W4) 11d Ta?ai. 4% At this point in the interview, phr?sica/ly spun around in the interview chair. (10:00i Baker advised- the interview was going in circles. stated she only had sex with Baker provided with a yellow victim resoru?ce card and continued his attempt to elicit additional clarifying information. After 30 minutes of asking for additional information. the interview ended with no fruther details. (Recorded statement taken via telephone by Sergeant Mildred Oliver on 30 Oct 15.. from 1147-1300 hours. No one else was present.) b5B . - knew Sgt. Johnson respected Johnson ompl stated she told Johnson she was ?fucking with officers.? but did not mean she was having sex with them. stated she was ?perving with them? but could not really explain what perving was during the phone interview. attempted to explain ?perving? by stating it was. ?like fucking with them over the phone.? i b3,b4 b3 b4 i ompl told Johnson she was ?fucking with? but did not believe she told olmson they were having sex. CO sent Of?cer James Ta?ai a friend request 011 Facebook and he accepted it. then stated she and Ta?ai began having sex ?oral and penetration?) approximately three weeks ago. Compl stated the only of?cer she had sex with when she m1de1? eighteen was _and she told Johnson about this relationship. Sgt. Oliver was in the and initial/1 assigned as the printari investigator. On March 15, 2016, called the regarding O?icer e7 71/ Smitl_ The investigation was later reassigned to Lt. as the pi imam iiSIvestigator. Sgt. Ski dlant and Sgt. Calonge were also assigned to the investigation as secondaij investigators. As a esnlt, additional investigative steps were completed. (R_3corded phone conversation with Police Records Specialist B. Lee- Stephens on 15 Mar 16. No one else was present.) called the LAD became irate as Lee-Stephens attempted to gather additional information. cursed at Lee-Stephens and eventually hung up the phone. Follow-up Interview with (Recorded phone conversation with Lt. A. Yu on 25 Apr 16.) was initially hesitant to talk. but began speaking openly about Smit then talked about how much she hated Smith and the things he (Smith) did to her. While talking to_ about her dislike of Smit/1, there were continual requests for an in-person interview to obtain more details. advised she befriended Smith on Facebook prior to her turning 18 but did not actually talk to Smith rurtil after -e.ath attempted to obtain more information regarding (W3) suicide and as a result ended up talking more to bSmith. The conversations quickly turned sexual and they had sex the night after or before _?meral. The time the two had sex- requested a bag of "Flaming Hot heetos" from Sinith. Smith complied with this request from_ Sex between- and Smith became routine. and Smith would have sex ahnost every Satlu?day night following his shift arormd 2:00 am). Smith would pick_ up in his personal car and they would go to a nearby park and engage in oral and vaginal sex. The sex would occur inside Smith?s car. Smith also provided- with information regarding the "track" a street term referring to the location of street prostitution). Smith knew worked as a prostitute in Oakland: therefore. he (Smith) would message_ and advise when the "track was hot." claimed she had erased some of those messages. requested the IAD download her phone to retrieve those messages. On an unknown date. while_ was on the track. Smith drove 11p in his personal car and asked to participate in a tln?eesorne. stated Chelsea was with her when this occurred. told him Smith it would cost $100.00: therefore, Smith declined. stated Smith also gave her an unknown pill out of an orange container. asked if Smith wanted to do "lines with her" a street term for inhaling lines of cocaine). Smith did not do cocaine with her. but offered her an unknown pill out of an orange prescription bottle. did not know what it was. As months passed. Smith would request sex from more frequently. In February 2016. Smith wanted to have sex on a particular day. offered Smith a "blowjob.? and began to bend down to provide him oral sex. Instead. Smith wanted anal sex and began pulling? pants and underwear down from her hips. did not want to have anal sex and attempted to pull her pants back up. stated Smith "Virtually raped" her because he (Smith) tried but could not get "it" (his penis) inside her. b5 Prior to the conclusion of this interview. agreed to be interviewed. at a neutral location the next day 26 Apr 16). Follow-up Interview wit_ (Recorded interview conducted by Lt. A. Yu and Sgt. N. Calonge on 26 Apr 16. from 1500-2100 horu?s. at the IAD Conference Room. This interview was broken 11p into three parts.) was picked up at her house in Richmond and a recording device was activated. The first hour of the interview involved the transport and small talk about involvement in prostitution. agreed to participate in the interview once she arrived at the IAD. During this interview. elaborated on her relationship with :Smith). had befriended Smith 011 Facebook but did not message him rmtil after death. CompI was looking for answers about (W4) death and Smith was there to talk to her. stated their discussions quickly evolved to sexual talk as they began talking about prostitution and how much she charged. sent Smith a screenshot of an internet prostitution post and told him she would only charge him $100.00 because he was a cop. then told Smith that sex with her would be free. Smith responded. "Just in case my curiosity turns into action one day." joked that she wanted a bag of ??aming hot lime ?avored Cheetos.? . . . . The night before funeral. Smith wanted to meet 11p for sex. Compl was too dnurk to go to Oakland to meet Smith. Around 10:00 pm or 2:00 arm was unsru?e): Smith drove to house in Riclmiond and picked her up. then directed Smith to Wildcat anyon, which was ?ve (5) minutes away. where they engaged in oral and vaginal sex in Smith?s car. Smith then drove back to her house. stated Smith brought her a bag of Cheetos. but she did not consider that as payment for sex. Afterwards. Smith and had sex consistently on Saturday nights around 2:00 am because that was when Smith's shift ended. Smith drove a red truck and a silver "bucket." There was a bed in the red truck that they used for sex. The red truck was missing a door handle that would try to grab and miss because she was drunk dru?ing many of their encounters. Smith's messaging about the "track" also occrured around that time. but she was rmsure when or how the topic came up. At that point. offered up her cell phone to be download in an effort to try to ?nd the messages she had deleted. (1:58:00 Part was asked to elaborate on her previous statement that Smith had ?Virtually raped? her. stated approximately six (6) weeks prior (March 2016). she was on her menstrual cycle; therefore, she was giving Smith oral sex. While this was occurring Smith stated. "Come on. let me put in yoru? butt." They were at Wildcat Canyon in the back of Smith's SUV. Smith lived out of his car: therefore, he had a mattress in the back. replied, "Noz" however, Smith turned her around and began pulling down her pants. tried to hold her pants 11p but Smith overpowered her. stated, "He had me held down. I wasn't letting him and he was trying to put it in my butt." told Smith. don't want to. stop." stated Smith had a "tiny weenie" and could not get it past her butt cheeks. did not consider that incident rape because Smith "couldn't get it in." Smith "jacked up" and ejaculated into mouth and she swallowed. did not want to press charges. but she was willing to speak to the CID (refer to the Criminal Investigation Section for details). This was the last or second to last time that Smith and_ "hooked 11p." b50 During the interview, would verballv o?er her phone but not phvsicallv hand over her phone. also mentioned that an OPD o?icer (whom she refused to name) had told her to not to give the phone to the expressed concerns that she did not want the to discover eveijrone and all her many contacts/messages on her phone. After an hour of discussing her concerns regarding the phone, agreed to allow the download of her phone but onlv in her presence after signing a criminal consent form. he form indicated that onl_r_ Smith, Ta 'ai, and Uttapa ?5 information would be accessed. commented that she was aware she could be lied to; nevertheless, she allowed her phone to be download Phone Download Assessment). (W3), (W4) On January 14. 2016- stated she had oral sex with Todd Uttapa (OPD of?cer) at Wildcat Canyon. Approximately 3 year prior. friended Uttapa 011 Facebook; however. she could not recall who sent the friend request. and Uttapa chatted on Facebook and then stopped talking for a period time. They began talking again in January 2016. Uttapa picked_ up at her house in Richmond and drove to Wildcat Canyon where they parked 011 the street. 30mp gave Uttapa oral sex or a minute, an t1en ey stoppe an retrune iome. was not sure how it occ1ured. but she had lost her phone and believed Uttapa must have stolen it. was upset with Uttapa because she believed he had stolen her phone. stated Uttapa returned her phone a few days later. After that. Richmond "boos" knew about her Oakland contacts. believes Uttapa used her phone to contact other people and tell them not to talk to her because she was a "police 110." Two or three days before having sex with Smith for the ?rst time. had sex with James Ta'ai at Wildcat Canyon on a park bench. Ta'ai had picked 11p from her house and they 12 went to Wildcat Canyon. Ta'ai only had sex with_ that one time and then stopped talking to her. believed Ta'ai and Smith talked about her aftelwards and that was why Ta'ai had stopped talking to her. (51:00 Part I) was asked about the message she sent to Sgt. Johnson regarding sleeping with "hella" of?cers. denied sleeping with multiple of?cers; however. she admitted having sex with. explained that when she wrote "fuck" to Johnson. she meant that she was "fucking with" or "breaking" someone to the point where the person would exchange sexual messages with her. In other words. would establish a sexual relationship via text or 011 Facebook Messenger.- stated she never had sex with olmson. (55:00 Part I) was questioned in an effort to seek clari?cation regarding incidents involving "sexting" verses actual sex. explained that she brought l4 OPD of?cers to orgasm. stated she "conquered" or "broke" an of?cer if she got that of?cer to exchange sexual messages with her. (1:31:00) further elaborated how she would message of?cers and tell them how good she would make them feel good. stated the of?cers would then respond back sexually. proceeded to draw a photo to express what she did to the of?cers that she "conquered. l3 Throughout the interview, would, on occasion, refuse to cooperate and/or provide specific names of o??icers that she was involved with. Instead, provided the number of OPD o?icers that she had relationships with on varying degrees and spoke with innuendo about o?icers that she appeared to want to protect. Compl stated she had physical sex brought to orgasm) with 28 of?cers. stated 15- 17 of these of?cers were from the OPD, ?ve (5) were from the Richmond PD, six (6) were with the Alameda County Sheriff?s Of?ce, one (1) was from the Livennore Police Department. and three (3) were from the Contra Costa C01mty Sheriff?s Department. 3 4 claimed she kept a "trophy" list on one of her phones that contained the names of the of?cers she had sex with: however. ompl refused to provide the list. i (2:07:30 Part I) When asked if there were any cops that were inappropriate toward her, stated, "No. cause I came at them." b3 b4 When asked whether she ?con uel?ed? 01? sexted women. Compl stated she 0111 "messed" with men. (3), stated she did not "fuck with" evelyone that was her friend on Facebook. b3 b4 15 b3 b4 ompl (Recorded phone conversation taken by Lt. A. Yu on 5 May 16, from 1630 - 1722 hom's) b3,b4 b3 b4 was questioned again about James Ta'ai during this i11te1view.- con?rmed that she had vaginal sex (no condom) with James Ta'ai at Wildcat Canyon on top of a picnic table. It occurred three or four days prior to having sex with Smith. was very proud because she had sex with three of?cers in seven (7) days. refused to provide any details or the name of the third of?cer. Ta'ai and_ only had sex once. and Ta'ai picked_ up in a silver Honda Civic. Ta'ai asked_ to come out to his house in Hayward for sex. but_ could not leave her babysitting duties. stated that after their encounter, Ta'ai stopped talking to her and blocked her 011 Facebook. As a result. Ta'ai was nothing to_ who stated. "Fuck that bitch." When asked why she lCompl deleted many of her messages. including messages with Ta'ai and Smith. stated she became really paranoid. remembered she was attacked by a trick in Richmond. 011 23rd Street, which made her paranoid. This caused_ to erase her messages. 17 Due to the alleged criminal allegations, was asked and agreed to provide an interview to investigators from the CID. As a result, was transported to the Special Victim Unit wlrere slre was snbseqnentlv interviewed bv SVU investigator, J. Creed. CID interview was consistent with information obtained during the interview. The CID interview is attaclred as evidence. (Recorded Inteiview conducted by Lt. A. Yu and City Attorney A. Cook 011 11 May 16 at the IAD Conference Room.) called the and advised Yn that the press lrad been calling her plrone. was worried and Ya convinced to come in for anotlter interview after agreed to provide and lrer list". Yn and Cook picked up from lrer house in Riclrmond and tlre recording begins prior to transport. began this intelview with the promise that she would provide everything to the and answer all questions. However. ultimately refused to provide the list of officers she had sex with as agreed upon. Yu and Cook spent approximately four (4) hours with Compl in an attempt to elicit this information from her. Although the list was not obtained from- during this interview, she provided the following new information: sexted or "conquered" Luis Roman. 3 4 Regarding Roman. stated she sexted him. but did not provide any further details. 18 later accompanied IAD investigators (Yu and oglio) to Wildcat Canyon and walked them through the locations where she had sex with Ta ?ai, Smith, and Uttapa. (See C(nn?assfVideo for Details) ompl (Record Phone Conversation taken called worried about the recent stories in the press and social media about her. Yu spoke to for 15 minutes and received no new information from her. was not willing to provide additional infonnation or retum for an inteiview. ?(Record Phone Conversation taken b3 b4 omplalled to p1?0v1de any new 111f01111at1011 w1th respect to 111vest1gat10n. Co I. 5 . mp Recorded phone conversa?uon taken by Sgt. alonge 011 b3 b4 stated no one from the OPD was still talking to her. tried two (2) days ago to contact Luis Roman but he did not pick upstalted sexting with Luis Roman. Uttapa, b3 b4 b3 b4 .) Compl, CID recorded intewiew conducted by Off. H. Webber and Off. R. Reymundo on 10 Jun 15. at the YFSD intewiew 1?00111.) om 5 (Record phone conversation taken called the IAD asking questions about whether "he" will be ?red. asked whether it looked like she premeditated everything. became upset when she did not receive any answers 5 b3 D4 The interview was concluded after thirty (30) minutes, and no additional information was obtained. b5C ompl (Record Interview conducted by Lt. A. Yu and Sgt. N. alonge on 19 Aug 16) I ompl was contacted to discuss additional follow-up questions and agreed to an in-person interview. (See phone conversation on 19 Aug 16) Lt. Yu and Sgt. R. Clark transported from 1050 Street, Oakland to the IAD conference room. 5 i b3 b4 b3,b4 .) (.0 was again questioned regarding er prevrous statement t1at 1a broug 1t 14 OPD oftcers to orgasm. stated she did not provide the names of the other of?cers because she failed to help those of?cers achieve orgasm. felt that she was a failure and was too embarrassed to provide the names. When pressed for those names, added that she was receiving ?bene?ts? ??om those of?cers. refused to describe the ?bene?ts? and at times alluded to the possibility that she was blackinailing the of?cers. eventually agreed to reveal her ?list? of of?cers that she had slept with. handed over her phone with the screen open on a "notes" type application similar in general appearance to a yellow legal pad. There were 10 entries, one on each line. each numbered sequentially. The list was reviewed while- stood nearby. The following six names were identi?ed prior to_ grabbing her phone back and refusing to provide additional access: 1. 2. 3. TJ Smith 4. James Ta'ai 5. 6. SUBJECT STATENIENTS Of?cer Terrvl Smith Account of Smith (Refer to_ statements for full details) befriended Smith on Facebook but did not message him until after eath. was looking for answers about Math and Smith was there to ta I '0 ?er. Their conversations quickly evolved to sexual talk as they began talking about her job as a prostitute and how much she charged. sent Smith a screenshot of an inteinet prostitution post and she told him she would charge him $100.00 because he was a cop. then told Smith that sex for him would be Smith responded. "Just in case my curiosity turns into action one day." joked that she wanted a bag of ?aming hot lime ?avored Cheetos. . . . The night before I ineral. Simth wanted to meet up With for sex. Compl was drunk that night so she could not go to Oakland to meet him. Around 10:00 pm or 2 :00 am ICompl was unsure). Smith drove to house in Riclmiond. picked her up and she directed him to Wildcat Canyon which was ?ve (5) minutes away from her house. They had oral and vaginal sex in his car and then he returned- to her house. Smith brought- a bag of Cheetos. but did not consider that payment for sex. Afteiwards. Smith and would have sex consistently on Satiu?day nights around 2:00 am because that was when Smith's work-shift ended. Smith would drive a red and a silver "bucket." There was a bed in the red tiuck that they had sex on. The red truck was also missing a door handle that would ?y to grab and miss because she was drunk many timesdownload her phone to ?nd the messages that she deleted. (1:05:00) 3 4 was asked to elaborate on her statement that Smith had ?virtually raped? her. I stated about six (6) weeks prior (approximately March 2016) she was 011 her menstrual cycle: therefore, she was giving Smith oral sex. During this interaction Smith stated. "Come on. let me put in yoru? butt." and Smith were at Wildcat Canyon in the back of Smith's SUV. Smith lived out of his car and had a mattress in the back. said, "No" but Smith tinned- around and began pulling down her pants. tried to hold her pants up but Smith overpowered her. stated. "He had me held down. I wasn't letting him and he was trying to put it in my butt." Smith stated. don't want to. stop." stated Smith had a "tiny weenie" and could not get his penis past_ butt cheeks. did not consider that incident rape because Smith "couldn't get it in." Smith "jacked up." ejaculated in mouth and she swallowed. It was the last or second to last time that Smith and- "hooked up". stated she did not want to press charges. but she was willing to speak to the CID. (See Criminal Investigation Section) Manual of Rules Allegations investigated regarding Smith: MOR 314.03-2 General Conduct MOR 314.42-1 Obedience to Laws Felony Of?cer Terryl Smith (Smith resigned from the Oakland Police Department during this investigation and refused all requests from the CID and the IAD for an interview) The LAD provided Smith multiple opportunities to provide his statement. However. Smith?s attorney responded that Smith had resigned and would not provide an interview. Summary of Investigation related to Smith - Due to the complexity of the investigation. below are short sunmraries of Smith's related evidence. Additional details and investigative analysis can be formd in their respective sections. (Click on the links to skip to that section.) . . . . 5 Suicrde Note - No evrdence related to Smith. . . ?hone Evrdence There was no evrdence related to Smith. The lack of evrdence the statement from that she began engagnrg Smith after suicide. Phone Evidence - Text messages. photos. and videos were discovered between Smith and_ The listed phone number for "Tijuana." nickname for Smith matches the listed phone number for Of?cer Ten'yl Smith. A total of 260 text messages were found on phone beginning 011 5 Oct 15 and ending on 25 Apr 16. stated her messages with Smith were mainly through Facebook Messenger but she had deleted it. (See Facebook Warrant Section) 3 4 In the text messages from_ phone. the two ?iited and sexted. On 11 Oct 15, and Smith exchange messages implying that they had met previously. 11/10/2015 Tijuana 11:38:11 (GMT-7) Outgoing sounds like fun lol 11/10/2015 Tijuana 11:38:26 (GMT-7) Outgoing If we get shot help us 11/10/2015 Tijuana 11:38:48 (GMT-7) Incoming Yea loads. Oh damn hopefully not. 11/10/2015 Tijuana 11:41:00 (GMT-7) Incoming You busy tonight? 11/10/2015 Tijuana 11:50:29 (GMT-7) Outgoing No im not 11/10/2015 Tijuana 11:50:45 (GMT-7) Outgoing Are yoy 11/10/2015 Tijuana 11:51:46 (GMT-7) Incoming Only if you want to keep me company. 11/10/2015 Tijuana 12:06:00 (GMT-7) Outgoing I would love to 11/10/2015 Tijuana 12:07:21 (GMT-7) Incoming Great, I'm off at 2 of course. 11/10/2015 Tijuana 12:22:30 (GMT-7) Outgoing I?ll thug it out for lol 11/10/2015 Tijuana 12:23:57 (GMT-7) Incoming 11/10/2015 You gona be all dolled up? I know you said I didn't give Tijuana 12:24:56 (GMT-7) Incoming you enough time the other night 11/10/2015 Tijuana 12:48:33 (GMT-7) Outgoing I have time to get pretty now lol 11/10/2015 Tijuana 19:24:45 (GMT-7) Incoming Do you know any good places to kick it? 11/10/2015 Tijuana 19:28:33 (GMT-7) Outngg For wat 11/10/2015 Oh I'm sorry, tonight when we hang out. Where did Tijuana 19:31:05 (GMT-7) Incoming you wanna go? There are no text messages between and Smith from Mar 16~ threatened Smith that she would report him to the IAD, tell his wife and happiness." later apologized to Smith in a few messages, but then retluned to threatening and insulting him again. Smith replied as if he did not know what was going 011 and questioned as ?0 Why She was 30 anle- ?The last messages between _and Smith occurred on 25 Apr 16, which included more insults directed at Smith without any replies from him. Video of Instagram message thread with Smith's wife - Lt. Yu recorded a Video of 39 b3 b4 b50 Facebook Friends list Audit - As of March 29. 2016, Smith was not I acebook friend's list. acebook photos/comments Audit - No evidence of Smith. Facebook Data (July 11, 2016 from Warrant) - 3 4 5 There was no other information regarding Smith. The Facebook data only contained the data send/received using the Facebook site. If both accounts used Facebook Messenger (private messaging) the Facebook data did not contain those messages that were sent through the phone-to-phone application. Instagram Data (July 7, 2016 from Warrant) - No evidence related to Smith. b) b) 4) 30 Assessment Of?cer Terry] Smith 9238 - Smith was not interviewed during this investigation because resumed and refused to rowde an 111te1v1ew. As a result. cred1b111t was not assessed. (bx (bu Discussion and Conclusion claim that Smith forced her to have sex without her consent requires further discussion and analysis. Did Of?cer Smith engage in unlawful sexual intercourse with? Yes, this investigation determined Smith attempted to forcefully commit the act of sodomy against The facts below are based on_ statement and phone evidence: 0 Smith resigned and refused to provide an interview. 0 and Smith met on Facebook around September 2015, which is after turning eighteen in August 2015. . . (W4) . began talking to The night of (MW I ineral, Smith had consensual sex with- 0 From September 2015 to March 2016, and Smith had consensual sex mostly on Satru?day nights around 2:00 am. 0 stated they had consensual sex and no goods or money was exchanged. 0 phone evidence confnmed the sexual interaction. 0 Smith and_ texts con?rmed that they met at night at 2:00 am. 0 The last sexual incident was not consensual. On February 2016, told Smith that she was on her menstrual cycle so Smith wanted to have anal sex. 0 Com I never a 'eed to anal sex because she asses out"d1u'in anal sex. gave Smith oral sex, but Smith physically spun_ body arormd and pulled down her pants. 0 0 said, "No" and physically resisted by attempting to pull up her pants. 0 Smith forced himself on top of her and attempted force his penis into her anus. 0 Smith was lmable to penetrate, according to_ due to a small penis and then fmished with consensual oral sex. (See Criminal Investigation Section) Penal Code section 286: Sodomy is sexual conduct consisting of contact between the penis of one person and the anus of another person. Any sexual penetration, however slight, is su?icient to complete the crime of sodomv. (2) (A) Any person commits an act of sodomy when the act is accomplished against the victim 's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for three, six, or eightyears. An analysis of the facts above show that in February 2016, Smith conmritted the crime of attempted sodomy. When Smith asked? for anal sex, verbally told him ?no? and physically tried to pull her pants up to reconfnm a clear ?no? response to Smith. Smith overpowered- by turning her around and pulling down her pants. 34 stated there was no penetration due to her large posterior and Smith?s small penis. Based on Smith?s actions above. his intent was to have anal sex with- even against her will. As a result. and based 011 a preponderance of the evidence, Smith?s intent and actions meet the elements of attempted sodomy. Smith was noti?ed of the rape charges levied against him and Smith was given an oppommity to provide countervailing evidence to the MD in order to refute_ allegations against him. However, Smith refused to do so and instead. resigned ?'om the CPD. Based 011 the above listed facts. the most appropriate ?nding is Sustained. Did Of?cer Smith violate the Department?s General Conduct policy? General Conduct MOR 314.03 - Members and emplovees shall conduct themselves at all times in such a manner as to re?ectfavorablv upon themselves, the City, the Department and the police service. Whether on or members and employees shall avoid any conduct that brings disrepute to the Department or impairs its e?icient and e?ective operation. Yes. this investigation determined Of?cer Smith violated the Department?s General Conduct policy based. in part. on the following: 0 Smith. a police of?cer, engaged in sexting with a known prostitute. This included the exchange of sexual messages and photographs . The media identi?ed Smith as an Oakland Police Of?cer involved with the "Sex Scandal.? (See Media Assessment) An analysis of the above listed facts reveals a pattem of unethical choices by Smith that were eventually made public by the news media. Smith constantly texted and sexted with a known prostitute. In addition, 3 4 Smith engaged in a pattern of reckless and inappropriate conduct that was likely to be made public and was likely to bring disrepute to the Department. Smith texted a known prostitute, showing little regard for the possibility she would save the messages and publish them. Smith?s conduct became public via media releases and the actions above have brought disrepute to the Department. as well as the law enforcement profession. 35 As stated in the Law Enforcement Code of Ethics: "1 FULL keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantli' mindful of the welfare of others. Honest in thought and deed in both my personal and o?icial life, I will be exemplary in obeying the laws oft/1e land and the regulations of my department. Based 011 the above listed facts. the most appropriate ?nding is Sustained for General Conduct. . . An analysis 3 4 0.) 8 3 Officer James Ta'ai account of Ta?ai consistently provided statements that she had sex with Ta?ai on a picnic table in Richmond, California in September 2015. expressed her pride regarding that particular week, because she had sex with three (3) of?cers (Ta?ai, Smith, and an unknown of?cer) in one week. elaborated to the IAD that she directed Ta?ai to drive to Wildcat Canyon and they walked down the path to the picnic table where they had vaginal intercourse on top of the picnic table. showed the IAD investigators the exact location). was able to recount that Ta?ai drove a silver Honda Civic. stated that Ta?ai blocked her on Facebook and that was the reason she ?snitched? on Ta?ai. Manual of Rules Allegations investigated regarding Of?cer Ta'ai: MOR 398.80-1 Truthfuhiess MOR 314.42-1 Obedience to Laws (W3), Officer James Ta?ai, 9240 (Recorded statement taken by Sergeant Mildred Oliver on 12 Nov 15 from 2236-2246 hours. Also present was Internal Affairs Investigator Sergeant Richard oglio. Ta?ai read and signed his Lybarger Advisement and his Acknowledgement of Rights and Obligations. However, Ta?ai elected to not have LDF representation present with him during the interview.) Of?cer James Ta?ai has been an Oakland Police Of?cer for approximately 11/2 years and was assigned to District 4, Dogwatch, Side. Ta?ai did not know Sgt. Jolmson but heard that he was a supervisor for the CPD. Ta?ai was friends with Johnson 011 acebook but had no communication withhim. b5 Ta?ai knew (W4) ecause ould work overtime with their squad from time to time. Ta?ai and(b)(3)v ere friends on Facebook as well but their conversations were limited to work-related matters. Ta?ai never talked (MM) bout- Ta?ai stated he became acquainted with- when she sent him a friend request on Facebook. Ta?ai decided to accept_ friend request after asking Of?cer Michael Camacho whether he should accept the request. Ta?ai stated that he and- would ??irt around? 011 Facebook and that their conversations were sexual in natru?e. Ta?ai claimed in his ?st interview that he never met in person and never had sex with her. Ta?ai stated he did not know that worked as a prostitute. Ta?ai admitted that it was not okay for of?cers to have sex with prostitutes. Ta?ai knew of no other of?cers who had contact with- Follow-up Interview James Ta?ai (Recorded Interview conducted by Lt. A. Yu and Sgt. N. alonge on 5 May 16 from 2204 - 2240 horu?s at the IAD Conference Room. Ta'ai read and signed his Acknowledgement of Rights and Obligations. Ta?ai con?rmed that that he wished to conduct the interview without legal representation.) Ta?ai stated he received ?iend request in September 2015, and he elected to begin an 39 online sexual relationship with_ Ta?ai was in a relationship with someone else and his only intent was to have an online sexual relationship with Ta?ai saw that her photos were provocative and wanted to see more. Ta?ai stated they messaged each other about having sex. sent a nude photo of her breasts to Ta?ai and even asked Ta'ai whether she looked like a "hooker." Ta'ai answered, ?No? because he had no indication that she was prostitute. Ta'ai also saw photos of her family and yorurg kids, so he did not think- was a prostitute. Ta'ai did not send any photos in return. Ta'ai claimed they role-played sex online. Their role-playing included Ta'ai picking- up from her house and having sex in a park. Ta?ai continued to initially claim in the second interview that he had never met- or had a sexual relationship with her. Ta?ai was confronted with the knowledge of his Honda Civic and that there were discrepancies with his statements to the IAD. Ta'ai was then cormseled that he should be forthright during the interview. Ta?ai eventually admitted to lying about not having sex with_ Ta?ai stated that he had lied because he was afraid of the allegation that he had Mhad sex with a minor. Ta?ai then disclosed that he had sex With? a week befor uicide. In the beginning of September 2015, arormd 9:00 pm, Ta?ai picked- from her house, drove to a nearby park (about a mile away) and had sex with her on a park picnic table. Ta'ai described a park across from a residential area with a long driveway that led to a shed and then picnic tables where he had sex with_ Ta?ai drove her home and a week later- committed suicide. Ta?ai believed that_ was associated with the suicide and heard rumors that she blackmailed (bxsresult, Ta a1 ended all contact With her. messaged Ta a1 again three weeks ago to meet her at the lar?emont, but he ignored her and deleted it. Ta'ai always deleted her messages in fear that his wife would discover them. had not contacted Ta'ai's wife or blackmailed him. 3 4 When asked why he lied, Ta?ai said he had received the complaint noti?cation from Sgt. Oliver which stated that he was being investigated for having sex with a minor. Based on the noti?cation, Ta'ai assumed that_ was actually a minor. Ta?ai did not want his family or the Department to know that he had sex with a minor. Ta'ai believed_ was in her? twenties based on her photos and appearance. Ta'ai had not spoken to any of?cers regarding- or his interactions with allowing the interview, a ?ai was placed on administrative leave. On 12 May 16, a ?ai submitted his letter of resignation and his resignation was effective on 13 May I 6. Summary of Investigation related to Ta?ai - Due to the complexity of the investigation 4O Suicide Note, hone Evidence. Phone Evidence, Various Social . and Media Assessment) below are sh01t summaries of Ta?ai's related evidence. Additional details and investigative analysis can be found in their respective sections. (Click on the links to skip to that section.) Phone Evidence No information related to Ta?ai. Facebook Friends list Audit - As of 29 Mar 16, Ta?ai was not on_ Facebook friend's list. That is consistent with Ta?ai's statement that he tmfriended- arormd September 2015 after suicide. Facebook photos/comments Audit - No evidence related to Ta?ai. Facebook Data (July 11, 2016 from Warrant) No evidence of Ta?ai. The Facebook data only contained the data send/received using the Facebook site. If both accounts used Facebook Messenger (private messaging) the Facebook data did not contain those messages that were sent through the phone-to-phone application. Instagram Data (July 7, 2016 from Warrant) - No evidence of Ta?ai. Ta?ai and- had no Instagram interaction. Ta?ai has no Instagram. Media Analysis The media identi?ed Ta?ai as an of?cer related to the ?Sex Scandal? and that he was placed on administrative leave and then resigned. No new infonnation was discovered regarding Ta?ai via the media. Credibility Assessment Of?cer James Ta?ai 9240 Ta?ai was found to be not credible. His initial statement was inconsistent with the evidence gathered diu?ing the investigation. In addition. during a subsequent interview Ta?ai admitted to being Discussion and Conclusion Did Officer Ta?ai engage in unlawful sexual intercourse with_ in a public place? Yes. this investigation detennined Ta?ai engaged in unlawful sex with_ in a public place. This investigation also revealed Ta?ai had vaginal sex with_ The following facts were identified with respect to this allegation: 41 and Ta?ai met via Facebook in September 2015. 0 and Ta?ai engaged in sexting while she was 18. Ar01md September 2015, and Ta?ai met and engaged in sexual intercom'se. and Ta?ai stated that the sex act occmred at Wildcat Canyon on top of a picnic table. 0 Both parties stated they consented to sex and no goods and/or money was exchanged. was 18 years of age. 0 took investigators to the public location. This investigation evaluated whether Ta?ai had a sexual relationship with_ while she was a minor An analysis of the above listed facts show that Ta?ai had consensual sex with_ in September 42 2015. while she was 18. Both alties consented to the sexual act without an exchange of Goods and/or moneyb)(4 (4) . 43 . 3) 4) (W3), (W4) . . . . 44 (W3), (W4) Was Of?cer Ta?ai untruthful? Yes, this investigation detelmined Ta?ai was 1mt1uthful during his internal affairs interviews. 0 On 12 Nov 15, during his subject of?cer interview. Ta?ai told Sgt. Oliver he never physically met_ nor did he have sex with her. 0 stated in multiple inteiviews that Ta?ai had sex with her 011 a park picnic table in Richmond. 0 011 5 May 16. dining a subject of?cer follow-up interview, Ta?ai again stated that he did not meet or have sex with When confronted with discrepancies and knowledge of some personal information the Honda Civic) Ta?ai admitted he had been untluthful. Based on the above listed facts. the most appropriate ?nding is Sustained. Of?cer Ta?ai was placed 011 Administrative Leave 011 5 May 16 and he resigned 011 12 May 16. 45 r0 7 g; 8 4 9 0 5 I. I 4 5 Of?cer arit Uttapa Account of Uttapa - 011 January 14, 2016. . Almost a year prior, friended Uttapa on Facebook. She did not recall who sent the request. but they chatted 011 Facebook and then stopped for a period of time. They started again in January 2016. In January, later claimed in her inteiview that she was upset with Uttapa because he "stole" her phone. Uttapa 1'etumed_ phone a few days later and suddenly her Richmond "boos" knew about her Oakland contacts. believed Uttapa used her phone to contact other people and tell them not to talk to her because she was a "police ho.? A (MW 5 0'1 56 Manual of Rules Allegations investigated regarding Uttapa: MOR 314.03-2 General Conduct Of?cer Warit Uttapa (Recorded Intewiew conducted by Lt. A. Yu and Sgt. N. alonge on 1 Jun 16. from 1306 - 1352 hours. at the IAD Conference Room. Uttapa's attomey. Doug Foley, was present. Uttapa read and signed his acknowledgement of rights and obligations.) Uttapa stated he received a Facebook request in September 2015. from_ Based on a couple of mutual ??iends Smith") Uttapa accepted the request. Uttapa thought_ was just "some chick." Uttapa asked about her age and- told him she was 22. There was no exchange between the two for two months because_ had left out of state and Uttapa found a girlfriend during that time. In December 2015 or January 2016. Uttapa ended his relationship. As a result- and Uttapa 57 started to ?irt and sext with each other. sent him two nude photos. which he liked. but he did not send photos in return. Uttapa admitted he was looking for a hook-up. or sexual relationship with_ Uttapa believed was over 18 since her photos appeared to match an adult with tattoos and she was going out drinking a lot. They exchanged phone numbers. continued the sexting relationship. and met 11p on 9 Jan 16. Uttapa then drove her home. Upon arriving home. began looking for her phone. but could not ?nd it. Uttapa left and the next day he saw a lot of threatening messages from about Uttapa stealing her phone. One of those messages stated that she was going to E14th to get her daddy to. in turn. get Uttapa. At that point. Uttapa realized that she was a prostitute and Uttapa was concerned about the threats and the sexual act the night before. Uttapa really wanted to distance himself from her. Uttapa searched his car and found Samsung phone. It was out of battery. so he plugged it in and looked into the phone. which had no password protection. Uttapa searched the phone and saw many more nude photos. which added to his suspicion that she was a prostitute. Uttapa saw some OPD names 011 the phone. but only remembered (W4) ame. All that combined. Uttapa really wanted to get rid of Uttapa dropped off the phone at? house without seeing her. Uttapa then messaged and she responded that she had her phone. However.- continued to threaten Uttapa that he had used her phone or purposely stolen it. Realizing that was a drug user. and prostitute Uttapa never interacted with again. Uttapa went 011 military leave 011 January 13. 2016 and retluned in March only to discover that sent him additional text messages. The messages stated that a cop was in trouble. followed by a message saying it was false. Uttapa never responded to those messages. b3,b4 Follow up Interview with Uttapa (Recorded Interview conducted by Lt. A. Yu and Sgt. C. Worcester on 29 Aug 16. from 1334 - 1412 hours. at the IAD Conference Room. Uttapa's attorney. 58 Regarding_ phone, Uttapa stated after- threatened him via messages. he searched and found_ phone in his car. It was out of battely so he charged it to look inside. Uttapa searched the phone because_ was threatening him and he wanted to know more about the person threatening him. While searching the phone. he saw some labeled contacts. However. Uttapa stated he could only recognize and remember Uttapa also saw Richmond PD contacts that he did not recognize. Uttapa did not search ?uther and returned the phone to_ Uttapa stated he did not contact anyone on? phone. Summarv of Investigation related to Uttapa - Due to the complexity of the investigation. below are short summaries of Uttapa's related evidence. Additional details and investigative analysis can be found in their respective sections. (Click on the links to skip to that section.) 3 4 . . . urcrde Note No ev1dence related to Uttapa. ?Ph0ne Evidence - A total of 233 text messages were discovered between Uttapa and dated Dec 15, Uttapa alum- text conversation began and quickly became sexual: 59 OPD 23/12/2015 17:06:37 Incoming You kiss dick for hot Cheetos? That sounds kinda Uttapa (GMT-8) rough. Lol OPD 23/12/2015 17:10:53 Incoming When do you want the Cheetos? Uttapa (GMT-8) OPD 23/12/2015 17:18:47 Outgoing Hahhaha no I usually charge for that but you're Uttapa (GMT-8) special OPD 23/12/2015 17:18:53 Outgoing Joking of course Uttapa (GMT-8) Uttapa asked f01_ age and she responded: OPD 24/12/2015 11:16:31 Outgoing How old you are? Uttapa (GMT-8) OPD 24/12/2015 11:16:57 Incoming You haven't told me your age Uttapa (GMT-8) OPD 24/12/2015 11:27:54 Outgoing Lol Uttapa (GMT-8) OPD 24/12/2015 11:28:05 Outgoing ass Uttapa (GMT-8) OPD 24/12/2015 11:29:08 Outgoing I can legally lick it Uttapa (GMT-8) OPD 24/12/2015 11:31:37 Incoming Lol Uttapa (GMT-8) OPD 24/12/2015 11:31:56 Incoming Why does it gotta be a secret Uttapa (GMT-8) OPD 24/12/2015 11:37:50 Outgoing Its not a secret daddy Uttapa (GMT-8) OPD 24/12/2015 11:40:29 Incoming I'm 29. I know I've told you that. Uttapa (GMT-8) OPD 24/12/2015 11:42:34 Outgoing Are you angry Uttapa (GMT-8) OPD 24/12/2015 11:42:46 Outgoing Im like 10 younger Uttapa (GMT-8) OPD 24/12/2015 11:43:01 Outgoing Old ass Uttapa (GMT-8) OPD 24/12/2015 11:43:03 Outgoing Jk lol Uttapa (GMT-8) OPD 24/12/2015 11:43:30 Incoming Lol got jokes Uttapa (GMT-8) OPD 24/12/2015 11:43:38 Incoming So are you 18 or 19? Uttapa (GMT-8) OPD 24/12/2015 11:43:54 Incoming I'm not angry. Never that. Uttapa (GMT-8) OPD 24/12/2015 11:50:10 Outgoing I'm jk you know that Uttapa (GMT-8) OPD 24/12/2015 11:50:16 Outgoing You're a baby Uttapa (GMT-8) 6O OPD 24/12/2015 11:50:22 Outgoing Bachelor Uttapa (GMT-8) OPD 24/12/2015 11:51:14 Incoming Uttapa (GMT-8) OPD 24/12/2015 11251243 Incoming So how old are you girl? Uttapa (GMT-8) OPD 24/12/2015 12:11:45 Outgoing Lol Uttapa (GMT-8) OPD 24/12/2015 12:11:50 Outgoing Is it important Uttapa (GMT-8) OPD 24/12/2015 12:12:56 Incoming It's important that we be straight up Uttapa (GMT-8) OPD 24/12/2015 12:17:18 Outgoing That's what we are doing Uttapa (GMT-8) OPD 24/12/2015 12:19:22 Outgoing Don't be angry Uttapa (GMT-8) OPD 24/12/2015 12:20:03 Incoming Lol I don't get angry Uttapa (GMT-8) OPD 24/12/2015 12:20:51 Incoming You know it's real easy for me to find out. But I Uttapa (GMT-8) just want you to tell me. OPD 24/12/2015 12:26:59 Outgoing Do you know anyone whose slept with me Uttapa (GMT-8) OPD 24/12/2015 12:27:13 Outgoing Lol I known Uttapa (GMT-8) OPD 24/12/2015 12:27:44 Outgoing But don't know my real name or address and Uttapa (GMT-8) thats how dude showed me he could check on his phoneloL OPD 24/12/2015 12:27:51 Outgoing I'll tell my age tho. Utta a GMT-8 OPD 24/12/2015 12:55:03 Incoming How many OPD have you slept with? Uttapa (GMT-8) OPD 24/12/2015 12:57:25 Incoming I do know your real name. Look, none of that is Uttapa (GMT-8) important to me. just don't think we have any reason to not be straight up with each other. Not to get all OPD 24/12/2015 12:57:28 Incoming serious on you, just want us to have fun and do Uttapa (GMT-8) what we do without anything extra. OPD 24/12/2015 14:03:25 Outgoing How many do kno ofl know its about the nut Uttapa (GMT-8) and that's my favorite part the important part but age isnt my fav topic OPD 24/12/2015 18:29:01 Incoming I understand that. But you gotta feel me too that I Uttapa (GMT-8) need to know how old you are before any nut can happen. Lol 011 9 Jan 16- and Uttapa met for sex. 61 OPD 09/01/2016 21:19:22 Uttapa (GMT-8) Outgoing I cant host tho OPD 09/01/2016 21:19:27 Uttapa (GMT-8) OPD 09/01/2016 21:20:15 Uttapa (GMT-8) Incoming I know you can't OPD 09/01/2016 21:20:32 Uttapa (GMT-8) Outgoing How OPD 09/01/2016 21:20:54 Uttapa (GMT-8) Incoming You've told me OPD 09/01/2016 21:22:23 Uttapa (GMT-8) Outgoing Lol 0 ya OPD 09/01/2016 21:45:33 Uttapa (GMT-8) Incoming Be there in 20. On 14 Jan 16, after Uttapa retluned her phone-texted Uttapa and accused him of stealing and looking at her phone without peimission. Uttapa ended the messages quickly by denying that he stole her phone and said goodbye. On 15 Mar 16. there were text messages from regarding an of?cer hinting himself. No replies from Uttapa. Facebook Friends list Audit As of March 29, 2016, Uttapa was not on Facebook friend's list. That is consistent with Uttapa's statement and_ statement that they did not communicate Via Facebook. Facebook photos/comments Audit - No evidence of Uttapa. Facebook Data (July 11, 2016 from Warrant) The Facebook data provides the messaging between _and Uttapa starting in August 2015. The interaction is introductory including Uttapa asking about age and_ responding that she is 19. They exchange phone numbers and the Facebook messages stopped in August 2015. The messages continued in December 2015 and were sexual in natm'e. On January 12, 2016, there is a string of messages from_ accusing Uttapa of taking her phone and talking about her. Insta ram Data Jul 7 2016 from Warrant - No evidence of Uttapa. Media Analysis - No evidence related to Uttapa. Credibility Assessment Of?cer Warit Uttapa 9254 Uttapa was found to be credible. His statement was consistent with the evidence. Discussion and Conclusion 5 r0 I - Did Of?cer Uttapa violate the Department?s General Conduct policy? General Conduct .MOR 314.03 - Alembers ana? emplot?ees shall conduct themselves at all times in such a manner as to re?ect?tvorablv upon themselves, the Citi', the Department and the police service. Whether on or o?-dntt?, members and emplOJ-?ees shall avoid any conduct that brings disrepute to the Department or impairs its e?cient ana? e?ective operation. Yes, this investigation determined Of?cer Uttapa violated the Department?s manual of rules (MOR) section pertaining to General Conduct based. in part, 011 the following: 0 Around December 2015 to January 2016. Uttapa engaged in sexting with via Facebook and text messages. 0 Uttapa asked for and received nude photos from- . Uttapa asked_ about her age multiple times and determined she was over 18. . (W3). (W4). . . An analysis of the above listed facts revealed a multitude of inappropriate conduct that was made public by the news media and (WM) (b Uttapa?s actions displayed a reckless disregard for 110w his actions might bring serious disrepute to the Department. A police officer?s job is to enforce the law. and the public must be able to trust police officers to perform their duties above reproach. As stated in the Law Enforcement Code of Ethics: ON WILL keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantlv mindful of the welfare of others. Honest in thought and deed in both my personal and o?icial life, I will be exemplary in obeying the laws of the land and the regulations of my department. The fact that these incidents became public knowledge did. in fact, bring disrepute to the Depaltment and undermined the Department?s ability to be effective in the community. Based on the above listed facts, the most appropriate ?nding is Sustained for General Conduct 8 6 I-.. Sergeant Leroy Johnson account of Johnson denied having sex with Johnson during inteiviews conducted Apr 16). response was consistent in all interviews stating that she respected Johnson -. stated Johnson had talked_ out of staying in Puerto Rico and she listened to him. Diu?ing her interview with the IAD. denied sexting with Johnson at any point because she respected him too much. acknowledged she sent the Facebook message (See below) to Jolmson regarding sleeping with OPD of?cers. Johnson claimed he did not believe ompl i Manual of Rules Allegations investigated regarding Johnson: 0 (WW 0 MOR 314.48-1 Reporting Violations of Laws. Ordinances. Rules, or Orders Sergeant Leroy Johnson, 7806 (Recorded statement taken by Sergeant Mildred Oliver and Sergeant Tyman Small 011 23 Nov 15. 0904-0942 hom?s. Also present was LDF Representative Doug Foley. Sergeant olmson read and signed his Acknowledgement ofRights and Obligations.) Sergeant Leroy Johnson has been an Oakland Police Of?cer for 24 years and was assigned to the Criminal Investigations Division Bm?glaly Unit. He worked in that assignment for a year and a half. When he was promoted to Sergeant in 2005. he was assigned to work in the onnmmications Johnson stated approximately a year Officer endv Cross advising of?cers not to ?friend? a person by the name of?on Facebook hen made a post advising her Facebook fliends not to friend ompl i Johnson became Facebook fliends with- aromid that time so he could reach out to her and help. Johnson stated the majority of his messages to were to encourage her to take inappropriate posts off her Facebook page. Johnson admitted that he received a message from- that stated, slept with hella yom? of?cers as a teen.? Johnson asked_ who she slept with because he did not believe her. Based on his experience 6 KO with his daughter he thought that Com I was t1 in to ain attention sa and doin thin for shock value. Of the names 3? included in her message regarding underage sex, Johnson could only r?ecall- - Ofc (bx . Johnson did not know who was or if he was even an of?cer. 0 a, had come to Johnson several weeks before Com I sent the text to him. stated . 4) he and_ had been texting back and forth. saw that Johnson was her Facebook ??iend and wanted to know how old she was. Johnson told that she was 16 or 17: however, told? she was 23. Johnson stated he believed Comp! was lying when she said she had sex with- because he knewm did not mess with her. Johnson believed this because_ knew Compl was a minor. Johnson stated it was too far-fetched to believe that _would have sex with- Johnson did not recall- saying she had sex with anyone else. olnrson did not take- for being truthful and stated, thought she was trying to get attention. I ?gured anybody she communicated with she would turn arorurd and say she is sleeping with them. That?s how I took it.? Johnson stated told- he would never say anything if she told him in order to gain her trust. If Johnson actually believed which he did not, he would have said something. By not reporting what_ told him, he was not attempting to cover-up of?cer (W3) . Johnson rm?'iended_ after he formd out that she may have been involved wit suicide. During this investigation, Jolmson chose to retire. This investigation attempted to contact Johnson for a follow-up interview three times. Johnson did not respond. Summa? of Investigation related to Johnson - Due to the complexity of the investigation -uicide Note, Phone Evidence, _Phone Evidence, Various Social Inquiries, and Media Assessment), below are short of Johnson's related evidence. Additional details and investigative analysis can be found in their respective sections. (Click on the links to skip to that section.) Suicide Note (M (5 suicide note-identi?ed Sgt. Leroy Johnson as a member of the police department who was advised by_ that she had slept with numerous of?cers. An excerpt from the suicide note states, in part, ?She sent the? screenshots of a conversation that she had with Sgt. Lerov Johnson, who I?ve never met. It appears that in her conversation she told Johnson that she has been involved with many OPD o?icers while she was still a minor. - . hone Evrdence _phone revealed the screenshots of nressages to "Jay" Johnson noted below. The photo matched the photo of Sgt. Leroy olnrson and he admitted to receiving this message thread. Note the censored or blacked out portions were added into the photo prior to taking the screenshot by Compl and cannot be removed. It appeared tha - - ma). bu). - wanted to hrde particular names from i5>i0)( Based on phone evrdence, (C) phone received the screenshots below on September 20, 2015. There is no tinre or date of when the messages between and_ and Johnson were exchanged. 7O (W3). 71 Phone Evidence phone provided no evidence related to Johnson. Facebook Friends list Audit - As of March 29, 2016, Johnson was not on Facebook friend's list. That is consistent with Johnson's statement that he "lm?iended" around the time of O'Brien's suicide. Facebook Data (July 11, 2016 from Warrant) The Facebook data did not contain any messages between- and Johnson. The Facebook data only contained the data send/received using the Facebook site. If both accounts used Facebook Messenger (private messaging) the Facebook data did not contain those messages that were sent through the phone-to-phone application. Instagram Data (July 7, 2016 from Warrant) - No evidence of Johnson. Media Analysis Several media reports alleged that Johnson knew about sexual misconduct and then retired from the department. The reports provided no new evidence to this investigation. Credibilig Assessment Sergeant Leroy Johnson - Johnson was found to be less than credible. Johnson admitted to his connmmications with and con?oborated the messages that exchanged with Johnson. Johnson also provided" ?3 name to the investigation when_ was not known. However. in the text messages. Johnson was veiy clear that he was not going to ?tell anyone? about relationships with of?cers. That message is vely conceming for this investigation and is a concern when detennining ohnson?s credibility about those particular of?cers. message to Johnson named additional of?cers. which was redacted in the screenshot. However. Johnson failed to provide those names to the IAD. Additionally, Johnson retired prior to the completion of this investigation and has not responded to any inteiview requests. Discussion and Conclusion 3 4 Did Sergeant Johnson fail to report violations of laws, ordinances, rules or orders? AIOR Section 314.48 - REPORTING VIOLATIONS OF LA WS, ORDIMAINCES, RULES OR ORDERS. This section states, in part, ?Alertthers and employees who become aware that other members or emplovees violated laws, ordinances, rules of the Department, or disobeved orders, of a Class I violation or any Class II violation which indicates a pattern of misconduct of which thev are aware, shall within 24 hours or sooner, If practical, report the o?ense, orallv or in writing, to his/her supervisor or the Internal A?airs Division. Yes, this investigation deteimined Sergeant Johnson failed to report underage sexual misconduct allegations based, in pait. 011 the following: 73 wrote in a Facebook Message to Jolmson that she had sex with several Oakland Police Officers when she was a minor. 0 In a message sent to Johnson on an ruiknown date, wrote, slept with hella your of?cers as a teen.? Jolmson asked_ ?Who did you sleep with?? He later wrote, ?They should all be put in would never say anything but it is sick to because you had a woman body you were a child.? 0 olmson acknowledged receiving the Facebook Message from and responding to the message 0 During an interview with IAD Investigators on 23 Nov 15, Jolmson stated that he didn?t believe was being truthful when she told him she had slept with multiple police of?cers as a minor. Johnson stated if he would have actually believed her he would have reported it. Johnson thought- was just trying to get attention, something that his daughter did. 0 Johnson never reported the possible misconduct to Internal Affairs. 0 olmson stated in his message that he ?would never say anything,? indicating he would not report the possible misconduct. told Johnson about the improper relationships she had with OPD of?cer's while rmderage. As a result, olmson had a duty to ascertain if she was in danger or actually being sexually abused and/or traf?cked. Regardless whether or not Johnson believed_ he had a responsibility to act as a police of?cer and mandated reported. ohnson?s obligation was to report the allegation(s) for further investigation, not assess whether or not this information was valid. By his actions. Johnson violated MOR Section 314.48-1 Reporting Violations of Laws, Ordinances. Rules or Orders. Therefore, the most appropriate finding is Sustained. A 7 Ofc 5 r0 7 78 0 8 8 I I I I 3 8 5 8 Ofc 6 7 8 89 9O 2 10 105 6 1 9 10 Ofc 1 1 2 1 1 I I- II 5 11 6 7 11 Ofc 8 9 - 0 2 I I - I 1 2 1 2 2 1 4 5 12 Ofc 6 2 1 7 2 1 8 2 1 I - 1 3 1 132 Officer Luis Roman Compl account of Roman – Compl stated she sexted Roman, but did not elaborate on their activities. Allegations investigated:  MOR 314.03-2 General Conduct  (b)(3), (b)(4)  (b)(3), (b)(4)  (b)(3), (b)(4) Officer Luis Roman (Recorded Interview conducted by Lt. A. Yu and Sgt. J. Skrdlant on 21 Jun 16, from 1031 - 1124 hours, at the IAD Conference Room. LDF representative Doug Foley was present. Roman read and signed his Acknowledgement of Rights and Obligations.) Officer Roman received a Facebook (FB) request from Compl Cedillo around August or (b)(3), (b)(4) September of 2015. Roman recalled that his friend and academy mate, Officer and (b)(3), (b)(4) were mutual friends; therefore, he accepted the friend request. Roman also felt that Compl was “cute.” Based on her FB photos (tattoos and body maturity) Roman believed she was 20-21 years old. Immediately, Compl sent him FB messages which Roman replied to and questioned her age and relationships. Compl replied that she just turned 18,(b)(5)(B) and her boyfriend was and OPD officer. Roman questioned who the boyfriend was, but Compl did not tell him. Roman was concerned that her boyfriend was OPD and did not want to be involved with her, so he initially did not engage in any flirting or sexting. Soon after the FB friendship, Compl followed Roman on Instagram (Rome_0311). Roman recalled liking some of Compl FB and Instagram posts. She would post photos of her face and chest. The messaging continued on FB and his phone, but not on Instagram. (b)(3), (b)(4) A week or so later, Compl changed her FB status to single and she began to message him again. Since she was single, Roman began flirting back and forth with Compl This eventually progressed to "sexting" messages about sexual acts to each other. Compl also sent him nude photos, but he did not send any in return. Compl would also ask Roman to get together at her house and sometimes at hotels; however, Roman declined because he did not want to drive from his house in Antioch out to Richmond or the hotel. Roman felt that Compl was not worth the drive. (b)(3), (b)(4), (b)(5)(C) 133 A (W4), Roman continued to sext whenever she initiated the conversation. Roman admitted he liked the nude photos and the sexting behavior. However. he "unfliended"- 011 PB in September- continued to sext him on his phone and he continued to entertain her even though he did not want to meet up with her. Roman had deleted his text messages with_ but he believed that the text message tln?ead would show that he constantly declined_ requests to meet up and have sex. Roman was adamant that he did not want to meet or have sex with her. but also did not want to upset her by blocking her completely. Roman would delay his responses so that_ would lose interest in him. His plan appeared to be working because would text him less frequently. The last text was regarding Of?cer Terry] Smith Roman did not text or talk to_ after that. Roman knew Smith from their academy together, but they were never close. Smith worked out in west Oakland while Roman was working in east Oakland. Roman and Smith never spoke about- A (WW I) (MM) W3), (MM) 13 Summary of Investigation related to Roman - Due to the complexity of the investigation (b)(4), Suicide Note, (b)(3), Phone Evidence, Compl Phone Evidence, Various Social (b)(5)(C) Inquiries, (b)(3), (b)(4) and Media Assessment), below are short summaries of Roman's related evidence. Additional details and investigative analysis can be found in their respective sections. (Click on the links to skip to that section.) (b)(3), (b)(4), (b)(5) (C) Phone Evidence - Text messages were discovered between Roman and Compl total of 465 text messages begin on 23 Aug 15 and end on 15 Mar 16. Compl On 23 Aug 15, the text thread began with sexual messages back and forth about Compl and messages about oral copulation: * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD 23/08/2015 18:30:23 (GMT-7) 23/08/2015 18:31:11 (GMT-7) 23/08/2015 18:41:57 (GMT-7) 23/08/2015 18:58:21 (GMT-7) 23/08/2015 18:58:26 (GMT-7) 23/08/2015 18:58:53 (GMT-7) A breasts Outgoing One for work one for family one for play and one as my decoy phone when I go to Oakland Outgoing Because I could have hella denied everything but my guilty conscious got the best of me Incoming So the other number you gave me is you play phone and this your decoy haha.. You got some nice ass tits. Outgoing Outgoing This is my family phone the one I gave u was play phone...by decoy I mean when I'm out in Oakland I've been robbed hella times and I don't want them to take my real phones Thank u daddy u can taste them Outgoing Why u thought this was decoy (b)(5)(C) (b)(5)(C) 135 From Oct 15 to Mar 16, there are multiple threads involving sexting back and forth. Roman requests photos and Compl and Roman message about how they would have sex. Then Compl would ask Roman to meet her for sex and Roman would decline. (See example below) * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD 08/01/2016 08:15:37 (GMT-8) 09/01/2016 08:41:31 (GMT-8) 09/01/2016 12:50:36 (GMT-8) 09/01/2016 14:18:37 (GMT-8) 30/01/2016 20:27:47 (GMT-8) 30/01/2016 20:27:50 (GMT-8) 30/01/2016 20:28:22 (GMT-8) 30/01/2016 20:40:23 (GMT-8) 30/01/2016 20:40:29 (GMT-8) 30/01/2016 20:40:38 (GMT-8) 30/01/2016 20:40:52 (GMT-8) 30/01/2016 20:42:16 (GMT-8) Incoming So you gonna send me the pictures I asked for? Outgoing Doing pee Incoming No of you getting fucked Outgoing I want u to cum in my mouth Outgoing Come to my room tonight xoxi Outgoing Xoxo Incoming I work tonight Outgoing I'm b at a room every night this week Outgoing Come see me Outgoing I make you feel good baby Outgoing In San fran tho Incoming I bet you would.. I've already told you tho.. I prolly won't fuck with you just given everything. Ofc C, (b) On 4 Feb 16, Compl is pleading to have sex with Roman and that he and possibly (3), (b)(4) were “messing up her numbers.” Compl became angry after Roman declined to have sex with her. Message threats and insults toward Roman then followed. In all the messages, Roman never 136 accepted or scheduled a meeting with Compl, (b)(5) (B) * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD 04/02/2016 01:17:16 (GMT-8) 04/02/2016 01:17:26 (GMT-8) 04/02/2016 01:17:53 (GMT-8) 04/02/2016 01:18:15 (GMT-8) 04/02/2016 01:18:25 (GMT-8) 04/02/2016 01:19:03 (GMT-8) 04/02/2016 01:19:16 (GMT-8) 04/02/2016 01:19:20 (GMT-8) 04/02/2016 01:19:36 (GMT-8) 04/02/2016 01:20:03 (GMT-8) 04/02/2016 01:20:07 (GMT-8) 04/02/2016 01:20:34 (GMT-8) 04/02/2016 01:20:36 (GMT-8) 04/02/2016 01:20:54 (GMT-8) 04/02/2016 01:21:02 (GMT-8) Outgoing Come daddy get your dick licked Outgoing Yes you can Outgoing I'm old now Outgoing Two consenting adults Outgoing Nothing illegal Outgoing I won't let you bring down my success rate luis Outgoing I don't agree with you Outgoing You will cum Outgoing I'm a champ Outgoing Tell Ofc C, (b)(3), (b)(4) to come see me too Outgoing I miss him Outgoing But you come first I've never met u and you've always been my favorite I only want you Outgoing So come Outgoing So you can cum Incoming I'm good.. Thank you tho. 137 * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD * LuisOPD 04/02/2016 01:21:14 (GMT-8) 04/02/2016 01:21:25 (GMT-8) 04/02/2016 01:21:35 (GMT-8) 04/02/2016 01:21:50 (GMT-8) 04/02/2016 01:22:12 (GMT-8) 04/02/2016 01:22:14 (GMT-8) 04/02/2016 01:22:30 (GMT-8) 04/02/2016 01:22:36 (GMT-8) 04/02/2016 01:22:48 (GMT-8) 04/02/2016 01:23:02 (GMT-8) 04/02/2016 01:23:06 (GMT-8) 04/02/2016 01:23:14 (GMT-8) 04/02/2016 01:23:44 (GMT-8) 04/02/2016 01:24:35 (GMT-8) 04/02/2016 01:25:24 (GMT-8) Outgoing I said come Outgoing No youre not Outgoing You're stressed and need to bust one Outgoing Just come Outgoing I'm harmless Incoming I'm sure you'll be just fine.. Incoming I'm not interested.. Thank you tho. Outgoing Why you're so mean to me Incoming I'm not trying to be Outgoing You're making me cry Outgoing Come Incoming I'm just letting you know I can't and won't be heading over there. Outgoing Then I'll delete your number in front of your face and we can be dead to each other Outgoing No one ever gets caught with me one of your boys paid me 200 today for a quicky Outgoing But you can and you will head over 138 04/02/2016 Outgoing But Luis come youre hurting my feelings and I'm crying 01:26:26 come (GMT-8) The messages end following the above thread. Facebook Friends list Audit - As of 29 Mar 16. Roman was not on_ Facebook friend's list. Facebook photos/comments Audit No evidence of Roman. Facebook Data (July 11, 2016 from arrant) The Facebook showed that Roman and- had messaged from July 2015 to September 2015. However, the content of those messages had been erased and only the date and time were provided. Instagram Data (July 7, 2016 from arrant) - No evidence of Roman. The East Bay Express Article titled "The real Reason OPD Chief resigned" (W3), (W4) 140 Credibility Assessment Officer Luis Roman 9251 - Roman was found to be credible. His statement was consistent with the evidence. Discussion and Conclusion 141 Was Roman?s interaction with a violation of the Department?s General Conduct policy? General 314. 03 - AIembeis and emploi ees shall conduct themselves at all times in such a manner as to re?ectfavorabl) upon themselves the Cit), the Department and the police senice. Whether on or members and emploiees shall avoia? am conduct that brings (lis'repnte to the Department or impairs its e?icient ana? e?ective operation. Yes. this investigation determined Of?cer Roman violated the Department?s manual of rules (MOR) section peitaining to General Conduct based. in pan. 011 the following: and Roman met on Facebook in August 2015 and prior to August 25th 18?b birthday). 0 Roman is an Oakland Police Of?cer. 0 admitted that she was actively searching for police of?cers via Facebook and Facebook mutual friends. 0 Roman believed_ was an adult. 0 Roman stated he concluded that- was in her 20's based 011 her photos. 0 consistently displayed herself as over 18 years old. 0 All involved parties and witnesses believed that- was over 18 years of age. 0 and Roman engaged in ?irting/sexting while? was 17. On 23 Aug 15, Roman and exchanged sexually explicit messages involving oral copulation. (See text messages above) 0 Roman admitted that he enjoyed the sexting behavior and the female attention from Roman admitted that he enjoyed the sexting behavior and chose to continue sexting- but not meet her. This investigation determined Of?cer Roman engaged in sexually explicit messaging and received 143 nude photos (MW Roman?s conduct re?ected poorly 011 himself. the Department and the law enforcement profession in general. As stated in the Law Enforcement Code of Ethics: "1 FULL keep my private life unsulliea? as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and of?cial life, I will be eremplaijr in obering the laws of the land and the regulations of my department. Based on the above listed facts, the most appropriate finding is Sustained for General Conduct. (W3), (W4) 144 14 5 II I I Ofc 6 4 1 7 4 1 8 4 1 15 1 15 Ofc 2 5 1 3 5 1 4 15 5 5 1 7 15 159 Ofc 6 1 1 6 1 2 6 1 3 16 4 16 Ofc 5 16 7 KO 8 16 17 Ofc 1 17 2 7 1 3 17 Ofc 4 7 1 5 7 1 17 6 INVESTIGATION AND OTHER RELEVANT INFORMATION Physical Canvass Canvass of Wildcat Canyon, Richmond - This investigation conducted a canvass of the area of Wildcat Canyon where Compl stated she had sex with police officers. IAD located a sign notifying the public of surveillance cameras in the area, but a physical search did not locate those cameras. The responsible agency, East Bay Regional Parks, advised that the cameras were located and focused on the parking lots. A walkthrough video of Wildcat Canyon was completed by the IAD with Compl on 10 May 16. revealed the location on the public street where she provided oral sex to Uttapa, the park picnic table where Ta'ai had sex with her, and where Smith and her "normal tricks" would usually park at the tree covered entry point of Wildcat Canyon because the park was closed at night. All three of those areas were not covered by any cameras. This investigation contacted East Bay Regional Parks who confirmed that the locations were not video recorded. The investigators walked the public street (Park Avenue) and found no residential cameras. Compl The location is the entrance to Wildcat Canyon Regional Park in Richmond. The street is the 5800 to 6000 blocks of Park Avenue in Richmond. The street and entrance area is open to the public. The park closes at 2200 hours and a swinging locked bar obstructs vehicle traffic. Pedestrian traffic is not obstructed by any barriers. IAD canvassed the house with a view of 5800 block of Park Avenue. Both houses below had obstructed views to the location where Compl stated that she performed oral sex upon Uttapa. (b)(5)(B) – No Answer – (b)(5)(B) stated that his window faced the street and he (b)(5)(B) had never seen anything out of the ordinary. He has never seen anyone having sex along the street or in front of his house. (See Recording “Canvass 5 Aug 16)) (b)(5)(B) 177 Using a satellite view of the location (via Google maps), this investigation labeled the locations where- physically showed investigators where she had sex with Smith, . (W3). 9mm Below is a link to the location using your browser using Google map. Link to Google Maps of Location Social Media Canvass/Evaluation A comprehensive social media canvass was conducted on acebook and Instagram: Facebook - This investigation revealed that actively used two (2) Facebook accomits: an_- Thc? account is a private account which used to friend several involved members and the accomit has over 2500 friends. When the IAD (using a fabricated account) attempted to friend Facebook advised that the account had exceeded the limits of ??iends on Facebook. OJ 17 180 (b)(3), (b)(4) Press Coverage and Media Analysis On 11 May 16, the press began to interview Compl and probe the details of her accounts and the investigations. Below is all the press coverage (11 May 16 to 3 Sep 16) as a result of this incident. All the media reports were reviewed for new facts or leads in the ongoing investigation. Title 1 Underage Sex Scandal Rocks Oakland Police Department 2 Sex Scandal Rocks Oakland Police Department 3 Oakland Police Department under investigation for underage sex scandal Underage sex scandal at Oakland Police Department as several officers are accused of sex with the same teenage girl including one who committed suicide Angry Mayor Demands Accountability In Wake Of Oakland Police Sex Scandal Celeste Guap Photos: Pictures of Woman at the Center of the Oakland PD Sex Scandal 4 5 6 Date Outlet Link 5/12/16 CBS 5/13/16 Leo Affairs Link 5/13/16 AOL Link 5/13/16 Daily Mail Link 5/13/16 CBS Link 5/14/16 Heavy Link Link 181 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Underage sex scandal rocks Oakland Police Dept. Celeste Guap: 5 Fast Facts You Need to Know ‘Corrupt in its roots’: as Oakland police scandals pile up, residents not surprised KRON4 Investigation: Oakland police sex scandal expands Oakland Police Sex Scandal Expands to Other Law Enforcement Agencies Oakland Police Chief Sean Whent resigns in midst of department sex scandal KPIX 5 Exclusive: Woman At Center Of Oakland Police Sex Scandal Speaks The Real Reason Why Oakland's Police Chief Was Fired Oakland Police Sex Scandal Blows Up Further With Details From Formerly Underage Prostitute Richmond officers may be involved in Oakland police sex scandal Saucy texts reveal Oakland officers tipped off teen prostitute caught up in OPD scandal about undercover operations Oakland police scandal spreads: Teen claims sex with dozens of officers KRON Investigation: Connection between underage call girl, wife of former Oakland police chief Sean Whent in alleged sex scandal Teen Prostitute who slept with at least 24 police officers reveals she was tipped off about prostitution sting Teen Alleges Having Sex With 28 Officers; Fifth Oakland Officer on Leave KRON Investigation: Graphic details revealed about alleged Oakland police sex scandal Badge of Dishonor: Top Oakland Police Department Officials Looked Away as East Bay Cops Sexually Exploited and Trafficked a Teenager Oakland Mayor Denounces ‘Frat House’ Culture Of Police Department As 3rd Chief In 8 Days Steps Down Shaken by Sex Scandal, Oakland Police to Get New Leader, Again 5/14/16 Khon2 5/16/16 Heavy Link Link The 5/21/16 Guardian Link 5/23/16 Kron4 Link East Bay 5/23/16 Express Link The Press 6/10/16 Democrat Link 6/10/16 CBS Link East Bay 6/10/16 Express Link 6/11/16 SFIST Link The Richmond Standard Link 6/12/16 Daily Mail Link 6/12/16 Mercury 6/12/16 News Link 6/13/16 Kron4 Link 6/14/16 The Sun Link 6/14/16 NBC Link 6/15/16 Kron4 Link East Bay 6/15/16 Express Link 6/17/16 CBS Link The NY 6/18/16 Times Link 182 26 ‘Frat House’ Police Department Loses Third Chief In Nine Days Amidst Underage Sex Scandal 27 3 chiefs in 9 days: Scandals plague police in Oakland, California 28 Mired In Sex Scandal, Oakland Police Department Loses 3 Chiefs In 9 Days 29 FED UP OAKLAND RESIDENTS CALL FOR MAYOR'S REMOVAL FOLLOWING OPD SCANDAL 30 6 Things You Should Know About the Police Sex Scandal That Has Oakland Reeling 31 OPD Teen Sex Scandal Puts Police Academy On Hold, Delays Plan To Hire New Officers 32 Black Oakland Police Officers Slam Schaaf over OPD Texting, Human Trafficking Scandals 33 OAKLAND POLICE SEX SCANDAL: WOMAN SAYS SHE SLEPT WITH 'MORE THAN 30' COPS 34 I-TEAM EXCLUSIVE: WOMAN AT CENTER OF OAKLAND POLICE SEX SCANDAL SPEAKS OUT 35 BELOVED COP'S MURDER PLAYED KEY ROLE IN OAKLAND POLICE SEX SCANDAL 36 SECRETS TO WHAT SPARKED OAKLAND POLICE SEX SCANDAL REVEALED 37 The Oakland Police Department Mess, Explained 38 Explosive details revealed by prostitute at the heart of Oakland police sex scandal send shock waves through Bay Area 39 Teen details police sex abuse scandal: ‘Hurry up and turn 18’ 40 Oakland police scandal: How often are cops having sex with prostitutes? 41 2 RICHMOND COPS LINKED TO OAKLAND POLICE DEPARTMENT SEX SCANDAL REASSIGNED 42 California Police Underage Sex Scandal Just Keeps Getting Wilder 43 Officers reassigned over Bay Area police sex scandal The Daily 6/18/16 Caller Link 6/20/16 CNN Link 6/20/16 NPR Link 6/22/16 ABC Link Mother 6/22/16 Jones Link 6/22/16 CBS Link East Bay 6/23/16 Express Link 6/27/16 ABC Link 6/27/16 ABC Link 6/28/16 ABC Link 6/28/16 ABC Link 6/29/16 SLATE Link 6/30/16 Daily News Link 7/1/16 SF Gate Link The Mercury News Link 7/2/16 7/2/16 ABC Link 7/3/16 Daily Caller Link 7/3/16 CNN Link 183 Of?cers reassigned over Bay Area police sex scandal 7/3/16 CNN gn_k 44 Can Oakland police save traf?cking Victims in the wake of its own sex scandal? 7/7/16 LA Times 4% 4_5 Three Chiefs in Eight Davs The Decline of We Are the Oakland Police Department 7/7/16 Anonymous _in_k 46 Oakland Police sex scandal: Former OPD East Bay captain fn?ed from of?ce 7/7/16 Express Link 47 Federal Police Of?cer Offered to Pimp East Bay Teenager at Center of Oakland Police Sex- East Bay Abuse Scandal 7/7/ 16 Express Link 48 . The Oakland Polrce sex scandal: Former OPD Mercury captain ?red from DA's of?ce 7/8/16 News _in_k 49 Inspector ?red, of?cer on leave in widening OCR Oakland police sex scandal 7/9/ 16 Register Link 50 Oakland police sex scandal: New revelations in Llicury death of of?cer and wife 8/5/16 News Lin_k 51 OPD Sex Scandal: Exclusive interview with Link grandmother of Celeste Guap 7/29/16 KRON4 Link 52 Celeste Guap decides to enter rehab 8/22/16 KRON4 53 Woman at center of Oakland police sex scandal Link arrested at Florida rehab center 9/2/16 ABC 53 Celeste Guap speaks ??om Florida jail cell for Link ?rst time since assault arrest 9/3/16 ABC7 In multiple articles and reports, the media showed a Facebook photo of an OPD patrol car Where conmrented ?Took me back to Richmond in style.? The post occurred on 27 Apr 16. LAD interviewed_ on 26 Apr 16 and then transported her to CID who interviewed_ into 27 Apr 16. After the interview, SVU investigator Herb Webber was assigned to transport- horne in a marked patrol vehicle as part of his normal duties for OPD. 14. The East Bay Express Article titled "The real Reason OPD Chief was Fired" . W4) A u? A Other than noted above, no new allegations or leads were discovered. In the news articles or videos. repeated facts from ID interviews above and conclusions/claims by the news were speculations based on those facts ah?eady discovered. Those conclusions and claims are evaluated as allegations of misconduct and evaluated per OPD of?cer. (bxsr (W) - hone Evidence 184 (b)(3), (b)(4) (b)(3), (b)(4) This investigation obtained phone download from CID following suicide. From the phone messages/photos, this investigation found evidence related to the following officers (See the officers’ respective sections for details):  (b)(3), (b)(4)  Ofc C, (b)(3), (b)(4)  Compl Leroy Johnson Phone Evidence This investigation obtained Compl phone and downloaded the entire phone on 26 Apr 16. The phone contained photos/screenshots, call logs, contacts, and 28,862 text messages. Any name or phone number that matched an OPD employee was separated and evaluated for allegations of misconduct. Any OPD member who appeared on the phone became a subject of this investigation:  Ofc D, (b)(3), (b)(4)  (b)(3), (b)(4)  Ofc C, (b)(3), (b)(4)  Luis Roman “LuisOPD”  Warit Uttapa “OPD Uttapa”  Ofc A, (b)(3), (b)(4)  Terryl Smith “Tijuana” (b)(3), (b)(4)  (b)(3), (b)(4)  (b)(3), (b)(4)  (b)(3), (b)(4)  (b)(3), (b)(4)  (b)(3), (b)(4)  (b)(3), (b)(4) (b)(3), (b)(4) (b)(3), (b)(4) (b)(3), (b)(4) 185 Facebook Friends list Audit On 29 Mar 16. Lt. Yu used a private account to search? private Facebook account for OPD members. Due to privacy settings. the private accormt could not access her full friend?s list. Only_ Facebook friends would be able to access the friends? list. The limited access revealed the following members were Facebook friends with Refer to their respective interview for details. Facebook photos/comments Audit Sgt. Ramirez?s Facebook Forensic Report also provided a searchable list/ ?le of photos (Jan 2015 to April 2016) and all the people who ?liked? or commented 011 each photograph. averaged about ?ve hundred (500) ?likes? per photo and posted several photos daily. Using that ?le. this investigation reviewed of all of Facebook posts of her photos to locate any OPD members who "liked" or commented on those photos since January 2015. The audit revealed the following OPD members: Facebook \Varrant Data (July 11, 2016) On 11 Jul 16. Facebook preseived and sent the C1D the contents of Facebook account (Facebook ID The contents were immense containing approximately 78.000 pages of data of_ Facebook ?life.? Using all involved of?cers? names and terms associated with this investigation the investigators searched/?ltered through the document and located information on the following of?cers/ involved parties: bxa(mmLuis Roman See Linked Section . Todd Uttapa arit Uttapa) See Linked Section Several key terms (such as sex heetos?. ?lick it?) were also ?ltered to extract any associated 187 members of the Department. The Facebook data only contained the data send/received using the Facebook site. If both accounts used Facebook Messenger (private messaging) the Facebook data did not contain those messages that were sent through the phone-to-phone application. Instagram Warrant Data (July 7, 2016) The Instagram data contained approximately 2.500 pages of Insta gram data including messages. A review of the data did not provide any new infonnation. . (4) Criminal Allegations This investigation revealed several allegations that had criminal elements. All criminal allegations were reported to the Criminal Investigations Division. Below are the summaries of each case: 1. 16-022375 – Attempted Sodomy (664/286 PC) – The suspect is Oakland Police Officer Terryl Smith. The incident occurred on 1 Feb 16, at Wild Cat Canyon, Contra Costa County. As an adult, Compl Cedillo (Compl met Smith, via Facebook, and had consensual sex. On 1 Feb 16, Compl met Smith in his car at Wild Cat Canyon. Compl was on her menstrual cycle; therefore, she did not want to have sex. Smith attempted to sodomize Compl in the car. The case was presented to Contra Costa County District Attorney (Paul Graves) on 17 May 16 and he declined to charge due to lack of sufficient evidence. 2. (b)(3), (b)(4) 3. (b)(3), (b)(4) 191 4. (b)(3), (b)(4) 5. (b)(3), (b)(4) 6. (b)(3), (b)(4) 7. 16 -033162 - Failure to report Suspected Child Abuse by mandated reporter (11172(e) PC). The suspect is a retired Sergeant with the Oakland Police Department (Leroy Johnson). Johnson is a very close family friend and knew Compl, (b)(5)(B) was working as a prostitute and having sex with officers while she was underage; however, Johnson never reported it. As a mandated reporter, Johnson is required to complete a phone call to Child Protective Services as soon as reasonably possible and complete the Department of Justice report 11166 within 36 hours. Johnson resides in another state and has not been interviewed. The case is currently pending. 192 3 OJ CREDIBILITY ASSESSMENTS - was found to be credible. She provided consistent statements to the LAD, CID and DA investigators about Officers Smith. Ta?ai- and Uttapa. All of sexting claims were also proven to be true and the of?cers corroborated her statement 0mp' (W4), WITNESS OFFICERS (W3), (W4). 194 Lieutenant Arturo Bautista 7909 - Bautista was found to be credible. His statement was consistent with the evidence Of?cer Michael Camacho 9206 - Camacho was found to be credible. His statement was consistent with the evidence. Officer Vernell Brothers 9346 - Brothers was found to be credible. His statement was consistent with the evidence. 196 7 CIVILIAN ITNESSES a? u? r? 1.: A - (5)03MEMBER EMPLOYEE ACCOUNTABILITY 198 (b)(3), (b)(4) Other than the direct supervisors, this investigation found evidence leading to allegations of failure to report regarding Sergeant Leroy Johnson, Ofc K, (b)(3), (b)(4) (See Ofc E, (b)(3), (b)(4) their respective sections for details) TRAINING AND POLICY RECOMMENDATIONS This investigation revealed and highlighted the necessity of a social media/internet policy. Facebook, Instagram, and future internet social media applications have and will greatly affect the mission and reputation of the Oakland Police Department. Our Department currently has no social media policy and this investigation revealed the need for such a policy. In addition to a policy, social media specific training needs to be incorporated in the academy curriculum. Officers need to understand that their social media posts are public and any links to the police department creates a nexus between their private life and their professional career. (b)(3), (b)(4) (b)(3), (b)(4) (b)(3), (b)(4) (b)(3), (b)(4) (b)(3), (b)(4) (b)(3), (b)(4) (b)(3), (b)(4) 199 200 RECOMMENDED FINDINGS As to Officer Terryl Smith: Obedience to Laws – Felony MOR 314.42-1 SUSTAINED The investigation disclosed sufficient evidence to determine that Smith committed attempted forcible sodomy in violation of 664/286(a) P.C. (b)(3), (b)(4) (b)(3), (b)(4) (b)(3), (b)(4) General Conduct MOR 314.03-2 SUSTAINED Compl, (b)(5) The investigation disclosed sufficient evidence to determine that Smith’s interactions with(B) brought disrepute to the Oakland Police Department. 201 As to Of?cer James Ta?ai: Truthfulness MOR 398.80-1 SUSTAINED The investigation disclosed suf?cient evidence to detennine Ta?ai was to investigators during this investigation. Obedience to Laws Misdemeanor MOR 314.42-2 SUSTAWED The investigation disclosed suf?cient evidence to detennine that Ta?ai committed misdemeanor lewd and lascivious conduct in public in violation of 647(a) P.C . 202 Ofc A, 3 As to Officer Warit Uttapa: (b)(3), (b)(4) (b)(3), (b)(4) (b)(3), (b)(4) (b)(3), (b)(4) (b)(3), (b)(4) Compl in committing a crime, evading arrest or disposing of evidence of any unlawful act. General Conduct MOR 314.03-2 SUSTAINED The investigation disclosed sufficient evidence to determine that Uttapa’s interactions with brought disrepute to the Oakland Police Department. Compl, (b) (5)(B) 204 As to Sergeant Leroy Johnson: (b)(3), (b)(4) Reporting Violations of Laws, Ordinances, Rules or Orders MOR 314.48-1 SUSTAINED The investigation disclosed sufficient evidence to determine that Sergeant Leroy Johnson failed to report a violation of law, ordinances, rules or orders when he did not report allegations of a minor having/had sexual contact with Oakland Police Officers. 205 Ofc B, 206 Ofc C, 207 Ofc D, 208 Ofc E, 209 (MM) 9 As to Of?cer Luis Roman: General Conduct MOR 314.03-2 SUSTAWED The investigation disclosed suf?cient evidence to deteimine that Ronian?s interactions with "brought disrepute to the Oakland Police Department. 211 Ofc G, Ofc H, 213 214 Ofc J, 215 Ofc K, 216 Ofc L, 217 Prepared by: Alan Yu Lieutenant of Police Internal Affairs Division Approved by: Donna C. Hoppenhauer Captain of Police Internal Affairs Division John M. Lois Deputy Chief of Police Bureau of Investigations Sabrina B. Landreth City Administrator 218 endix A - Witness Inter?ews A 19 220 A. ?an (b)(3), (b)(4), (b)(5)(C) (b)(3), (b)(4), (b)(5)(C) (b)(3), (b)(4), (b)(5)(C) (b)(3), (b)(4), (b)(5)(C) (b)(3), (b)(4), (b)(5)(C) (b)(3), (b)(4), (b)(5)(C) Officer Michael Camacho (Recorded Interview conducted by Lt. A. Yu on 2 May 16 from 1253 - 1301 hours. No one else was present. Camacho read and signed his Acknowledgement of Rights and Obligations.) Camacho has a Facebook account "Michael Camacho". He created another account at work last week (b)(5)(C) . The work account has not interacted with Compl Camacho has not logged onto his personal Facebook account for a couple years, he only logged on last week after he activated the work account. On Camacho's personal Facebook, he has not interacted (messages, "liked", comment, or friend request) with Compl He had not accepted or logged onto his account for years. Camacho stated he had never interacted with Compl in any way or on social media platforms. (Instagram, Twitter, Snapchat, etc.) Camacho was willing to allow IAD view his accounts to verify that fact. Camacho knew Ta'ai as a co-worker and they graduated the academy together. Ta'ai just got married to a girl that Camacho that Ta'ai brought to the academy graduation. Camacho did not recall a conversation with Ta'ai regarding Compl or any friend request. Camacho did not remember Ta'ai showing Camacho a profile or anything similar to that. Yu confronted Camacho with the fact that Ta'ai brought Camacho's name up. Camacho remained adamant that he did not recall that type of conversation with Ta'ai. Camacho stated that if it occurred, he might not remember since he has not spoken or worked with Ta'ai for 223 a while. 2 2 Of?cer Vernell Brothers (Recorded Inteiview conducted by Lt. A. Yu and Sgt. N. alonge 011 2 Jun 16 from 1603 - 1627 hours at the IAD Conference Room. Doug Foley was also present. Brothers read and signed his Acknowledgement of Rights and Obligations.) Brothers has a Facebook account under "Bo Brothers". Brothers goes by the nickname of He created the account only a couple weeks ago and he had a revious account that he closed in ?ii_ Compl Februal of 2014. On the new and old accounts. he never had orWas a friend 011 Facebook. Based on the new stories and press coverage. Brothers knew and saw- on the news. Aroruid September 2015. in the Eastmont locker room. Roman showed Brothers a phone photo of ompl and told Brothers to "check her out." Brothers interpreted it as guy-to-guy talk about just checking out a girl that Roman believed was good looking. Brothers recalled that Roman said he was talking to her. but Brothers did not know what their relationship was or whether the "talking" was messaging or phone or in person. Roman did not tell Brothers whether he had sex with her or not. No one else was pait of their locker room conversation. i Brothers recalled the photo was of in a bikini, but not nude. Brothers felt that the photo was too "racy" to be a Facebook post. Brothers' response was is that?" Roman?s response was "do you know her?" Based 011 that response. Brothers assumed that Roman did not know who she was either. 225 6 2 2 7 8 A. 9 (W3). (W4), Acting Lt. Arturo Bautista (Recorded Interview conducted by Lt. A. Yu and Sgt. J. Ski?dlant 011 20 Apr 16 from 1505 -1523 hours the Police Administration Building. Bautista read and signed his Acknowledgement of Rights and Obligations.) Bautista has a Facebook account under "Arturo Bautista" and he did not friend people that he did not personally know. Bautista would just leave requests pending and not accept or decline the requests. Bautista recalled that he received a friend request a year ago from? Bautista never accepted the request and probably just left it standing. Bautista believed he went into this account and removed_ request. Bautista was shown and con?rmed the message from was the exact message he received. Bautista became to doubt that he was friends or not with Bautista stated he was not "fancv" with Facebook. Bautista logged onto Facebook and volunteered his account for investigators. Yu searched Bautista's account and con?rmed that_ and Bautista were not friends. 2/ located the same message that_ sent to Bautista. There were no messages from No of?cer has contacted Bautista regarding any interaction with 230 1 3 2 2 3 2 3 3 a 234 5 3 r0 3 237 8 3 2 ?39 0 4 4 A 4?3 ?43 4 4 A 5 4 A 24 247 Appendix - List of Evidence OPD Crime Report dated 25 Sep 15 mm Suicide Note (See Appendix C) Printout fror_ Facebook Page with new screen name W3), Phone Download . . Vrdeo Recordmg of acebook Message between 25(3)? and- Phone Download? 0 Excel Spreadsheet of Text Messages from the phone download ?Report_SMSSection? Video Recording of Wildcat Canyon Canvass with- 0 Audio Recording of IAD Follow-up Canvass at 5800 block of Park Avenue Richmond Facebook printouts Facebook ?likes/comments? spreadsheet 0 Word document contain photos ?liked? by OPD members labeled ?Photos liked by Current OPD members?. Facebook Warrant for? Account 0 Data ?ltered by names Digital folder ?Facebook Report? and ?Facebook Data Celeste Guap? Insta gram Warrant for?Account 248 C) Insta gram Data f01?? Digital Folder ?Insta gram Dat_ . 0' Digital recordings of statements taken (Multiple) Ta'aiI James Leroy Johnson (Retired) Ofc A Ofc Warit UttaQa Ofc 9 999999 0 000000 0 Luis Roman Ofc Arturo Bautista it Wit it Compl it Wit Michael Camacho it :49 it DD Ii :50 yaw?w? Suicide Note 251 _She also sent me screenshots of a conversation that she had with Sgt. Leroy Johnson, who I?ve never met. It appears that in her conversation she told Iohnson that she has been involved with many OPD of?cers while she was still a minor. 252