Internal Affairs Unit Investigation Report TO: Diana Teves, Deputy Chief Probation Officer FROM: Daniel Cortez, lnternal Affairs lnvestigator SUBJECT: Unprofessional Conduct & Criminal Charges DATE: August 24,2017 DATE OF INCIDENT(S): March 2016-September 2016 LOGATION OF INCIDENT(S): Juvenile Rehabilitation Facility and Community ¡A CASE #: 2016-09-0015 INVOLVED EMPLOYEE(S): Tricia Caparra COMPLAINANT(S): Santa Clara County Probation Department WITNESSES: ISSA Noorista Minors: Joe (Probation Cou Counselor), John Austin Probation Cou Mourik ALLEGATIONS: l. Gounty Merit System Rules 425-301(a) (1) "Violation of the County Charter, merit system rules and regulations, and written and published departmental rules and policies which do not conflict with this article." ll. County Merit System Rules A25-301(b) (f ) "Guilty of gross misconduct or conduct unbecoming a County officer or employee which tends to discredit the County or County service." lll. County Merit System Rules 425-301(b) (2) "Guilty of immoral conduct or criminal act." lV. Probation Department Juvenile Ranches Procedures Manual Part 12, Section 12.01 PREA POLICY AND STANDARDS BY CODE - "The Santa Clara County Probation Department is committed to providing healthy, safe and secure custodial care for its juvenile residents to include a zero tolerance standard towards all forms of sexual abuse, sexual harassment and staff sexual misconduct within its facilities and contracted programs in compliance with the Prison Rape Elimination Act of 2003. This policy prohibits sexual contact, sexual harassment and acts of sexually abusive behavior among residents and/or between residents and staff, volunteers, contractors, interns or official guests/visitors, regardless of consensual status. The Department will immediately respond to allegations, fully investigate reported incidents, pursue disciplinary action, and refer for investigation and prosecution those who perpetrate such conduct." UU: Sexual Abuse of a resident bv a staff member. contractor. volunteer. intern. official. quesUvisitor: includes anv of the followinq acts. with or without consent of the client: #4. Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact incidental to a physical altercation. . Contact between the mouth and any body part where the staff member, contractor or volunteer has the intent to abuse, arouse, or gratify sexual desire. #7 #11. Any display by a staff member, contractor, volunteer, intern, or official guesUvisitor of his or her uncovered genitalia, buttocks, or breast on the presence of a client. #12.Yoyeurism by staff member, contractor, volunteer, intern, or official guesUvisitor V. Probation Department Juvenile Ranches Procedures Manual Part12, Section 12.01(l) (A) Zero Tolerance Policy- "Means by policy and practice the Department will not tolerate resident sexual abuse of any kind in its facilities or in the community. All incidents of sexual contact, sexual abuse, sexual harassment and sexual misconduct within its facilities shall be reported and investigated and, if applicable, criminal charges may be filed. Disciplinary sanctions and penalties shall apply to any violation of the policy to reinforce importance and deterrence. Consensual sex between juvenile residents is not allowed in facilities and will be addressed by facilities' disciplinary process." Vl. Probation Department Administrative Services Procedure Manual 220 - Code of Ethical Conduct- - Part 200, Section The Santa Clara County Code of Ethical Conduct states that public service is a public trust. ln keeping with, and incorporating the County Code of Ethical Conduct, Probation Department employees are responsible for performing their duties in accordance with the highest standards of ethical conduct. The Santa Clara County Probation Department believes the following core values are fundamental to the success in realizing our mission and goals: . . . . Our employees are the foundation upon which we provide quality services. We emphasize unity, positive relationships and open communication. We respect our employees by providing education, training, appropriate tools and developmental opportunities. We value and embrace diversity, cultural competence, respect and equitable treatment. We strive for optimal performance through innovation and collaboration. We conduct ourselves with honesty, integrity and accountability. Professional and personal activities must be free of improper influence or the appearance of improper influence. lnappropriate conduct includes, but is not limited to: . . . . Activity which is in fact or could reasonably be viewed as in conflict with one's official duties; Using County time, facilities, equipment, supplies or the badge, uniform, prestige or influence of one's position for other than official purposes; Accepting personal favor or personal financial gain for professional consideration; Engaging in improper relationships with clients and/or their families. Staff with personal and/or family relationships with clients should notify their Supervisor and the client's assigned Deputy Probation Officer. Vll. Probation Department Juvenile Ranches Procedures Manual - Part 01 - Section 01.04 (lV) (3) (c) Responsibilities of Probation Department Employees "Professional and personal activities must be free of improper influence or the appearance of improper influence. lnappropriate conduct includes,but is not limited to: Engaging in improper relationshíps with clients and/or their families." Vlll. Probation DepartmentJuvenile Ranches Procedures Manual - Part 02 - Section 02.03 (l) (f 0) Guidelines for Conduct of Staff "We are a role models to the youth we serve. Staff shall ensure by their dress, language, and behavior that they render a positive influence. Staff shall not develop social relatíonships with youth once they have been released from custody absent special permission from Management." lX. Probation DepartmentJuvenile Ranches Procedures Manual - Part02 - Section 02.08 (V) (G) (7) - Guidelines for Conduct of Staff "Staff are not to discuss confidential information within the hearing distance of youth or other nonauthorized persons." X. Probation Department Juvenile Ranches Procedures Manual - Part 02 - Section 02.08 (Vll) (G) (a) - Guidelines for Gonduct of Staff "Because texting creates a record, if communicating job details with co-workers ín this manner, youth must not be specifically referred to unless necessary and then by initials only. Therefore, no specific physical characteristics or other identifiers should be used to refer to youth nor to the facility. " BASIS FOR ALLEGATIONS: On September 6,2016 Probation Counselor PC Caparra was placed on paid Administrative Leave pending the outcome of a criminalinvestigation conducted by the Santa Clara County Sheriff's Office case #16-248-0311G and an investigation of unprofessional conduct by lnternal Affairs. On March 15,2017 this investigator metwith Sergeant Sugey Jaimezfrom the Santa Clara County Sheriff's Office. Sergeant Jaimez provided me with a copy of the criminal investigation report along with nine AudioA/ideo DVD's, two Audio CD's and three attachment CD's relating to PC Caparra's iCloud artifact reports, AT&T search warrant returns, photos, Ranch logs, sketches, Emails, time details, and Fairmont Hotel receipt. Upon receipt of these materials this investigator began the lnternal Affairs investigation into PC Caparra's actions of unprofessional conduct in violation of County Merit System Rules and Departmental policies. SUMMARY OF INTERVIEWS: il!o*tber-3, 2ol.olnternal Affairs lnvestigator, Daniel cortez, met *ith H311"il,,å?;Tx.Tirï!:il'^å"""J'î11.#"if; Iat Juvenile l',iil',r;,îï,;::ìïå'5*'ãrFi ïi: assigned to Bravo pod for his entire stay at the James Ranch. times providing him with fast food from Chipotle, Jamba Juice and McDonalds. Despite PC Caparra consistently removing him from his assigned pod, seemingly every shift she worked, reports PC Cåparra wað not even his assigñed counselor, but raiher PÓ Mourik Nooristany Iwas. When asked about other Ranch staff raising questions about the frequency of meeting regularly with a counselor he was not even assigned to,I indicates he would respond by stating he felt more comfortable talking with PC Caparra s-o ayto dismiss any suspicion. When asked on how their relationship evolved from conversations about food and religion to topics of a more personal and intimate näture,I indicated PC Caparra was very subtle, manípulative and even complimentary when referrìñg to his maturity and intellect inferring he was wise beyond his years; "l could feel the connection already. She was really infatuated about how my vision of life and like how I see things. She kinda saw that I was more mature I guess." On one occasion reported PC Caparra stated, "Oh my God I I can't believe this 30 year old I met out... There is a bunch of men on the outs that don't even know what you're talking about. Like here you are just 17... speaking about these things." I their close personal relationship could evolve to a more intimate level and fadmittednowhe believed was intrigued by the possibilities. Despite his apprehension for fear of getting caught, decided to pròceed with gauging PC Caparra's interest. He would make ùain, fl¡rtatióus Is-atements "l'm in an effort to illicit a response from her. occasion,I On one recalled stating, a ladies man, you know? I get the girls on the outs!" to which PC Caparra reportedly responded by stating, 'Oh, I bet you do! Cause' you know you're handsome! You know?" recalled another occasion when sometime during the month of May, 2016, while in-custody-ãî-the James Ranch, he was walking up to the shower area naked and observed PC Caparra staring at him through a separation between the frosted privacy glass and clear window which divide the common living area and the shower area. After showering he reports confronting PC Caparra and asking, "Why are you looking at me like that all crazy? You're going to get in trouble!" to which -belie-ved she replied by státing, "l dõn't care!" lt was at this point he could take the relationship to the next level; "That's when, I knew I could startTile touchy feely stuff." Later that same evening, recalled wanting to shave, but needed to retrieve his razor from his bunk area. A male staff volunteered to escort him back to the pod, but PC Caparra quickly intervened and advised she would accompany him back to retrieve his razor. Upon entering the pod with PC immediately noticêd it to be unoccupied. Upon reaching his birnk, Þc caparra stated she would retrieve the razor, bent down directly in front of him while simultaneously looking back at him. interpreted PC Caparra's actions as "little signs" that she would welcome his advances and he relall_s thinking, "This is the time" referring to the opportunity to initiate physical contact with her. reportiapproaching and huggingier from behind ãnd began to briefly I f Caparra,I I I kiss her neck before getting scared and backing away. PC Caparra responded by grasping his robe, pulling him towards her and appeared to want to kiss him, but instead gave him a hug and, gave him a look like, "...she loved it." At that point he ãidn't want to get in accoràing tó get trouble or caught so he grabbed his razor and walked back to the bathroom area to shave. I r ln addition to the aforementioned incident from May of 2016, admitted to an additionalfour to six incidents of inappropriate physical contact and/or sexu al cond uctwith PC Caparra occurring while at the James Ranch. Although he did not recall the specific date for any of the additional incidents, he did indicate each incident occurred in the early evening usually between the hours of 6:30PM and 7:30PM. According PC Caparra would remove him irom Bravo pod under the pretense of engaging in a counseling session. They would enter the café, briefly sit in the dining area and talk before PC Caparq ggggested they get some ice to be brought back to the pod fór slushy drinks to be made later. inè i.e machine was located in an exterior closet at the rear of the kitchen nextJile exit door and is only accessible from the outside (attachment #8/photo #5) would then accompany her from the dining area, through the kitchen into a hallway adjacent to tþg__¡þqd prep area and stop directly in front of the staff restrooms (attachmeni +alpnoto #3) believes PC Caparra chose tñis location because it was partially obscured from the dininq area and they could be alerted if someone entered the tof Jindicates I f ::lî"liåî;x'"1:5f,.î.ï,îfl ;##i,:î'",'å?::,ruffi *:l:;ffl,ffi penis i::*l: and on the outside of 1ti5 Clothing before removing his penis from his pants where she began, "...jerking me off while lsucked on hertits and nipples and grabbed herass." ! also drew a sketch of the JRF kitchen illustrating the area in which the sexual misconductTook-place (attachment#35). I stated that he andPC Caparra neverengaged in oral sex or intercourse wnre ar James xaffi f stated as soon as his furloughs from RanchÞgn, he and PC Caparra's relationship $:Lixi:"ifi :",:'äffi :iHi'["'å'.:JH.i::::;H,fr ffil"fl '.'"ff 'rïåïßi1î.i on his first furlough around June 2, 2016, he reported PC Caparra wanted to-rneet with him right away þgt bj{ather had him on a tight leash and would not let him leave the home unsupervised. sJ"&F**:i:ïffi åïffi ;iii,3;îffi:Jlî':3ii[î:erff !ili"ål+î:it'JîH sent me pictures." When asked to describe the type of pictures ÐTãparra "Oh, naked pictures of her in showers and stuff like that and crazy stuff." sent,I replied Hotell After arriving at the Fairmont said that he was instructed to walk 10 to 20 feet behind PC Caparra and then wait at the lobFflfar to avoid any appearance that they were there together. After PC Caparra checked in and retrieved the room keys, she offered to buy him a couple of beers and meet him upstairs in the room recalls táfing the elevator to the ninth floor, but could not recall the room number. stated that once he arrived in the room he was nervous, but PC Caparra gave him a beer a-ñtl-stated "Well! Get undressed." recalls PC Caparra "Crazy giving started him oral sex and kissing me all over." When aslecflo describe anv other f I I i^ii*:iü'f åît",i,'i:ilt:îf,:î.î',î':?Ë$f,:,?liîr;'"f ff lL:i"î:x""*r-ffi iå condom so he put on a condom on and had sex with her. After that, he recalls having sex with her in the shower and all over the Hotel room without a condom. recalled leaving the Fairmont Hoteland upon returning to the Ranch he was questioned by IPC Nooristany privileges about smelling like alcohol. After further questioning and assured no would be revoked, he admitted to drinking two beers on his furlough. When asked about other instances in which they had sexual intercóurse on his furloughs,l stated that his Furloughs were reduced and spread further apart because of the two beers vioìãllon so he would just see PC Caparra at the Ranch and wait until he was on aftercare before they began having sex again. reported that PC Caparra asked for July 2,2016 off so tney coúto meet up anã requelted for this investigator to check it out with the Ranch. I 26,2016 !was released on Aftercare, a supervised Ranch program in where the youth ãre allowed toffiãin in the community on pre-release to monitor theiiprogress. f On August I was asked about the frequency of intercourse during his time on aftercare õt"t"o h€ a-nã PC Caparra engaged in'sexuäl intercourse between five and six times r?iEã more. describes the sexual relationship between PC Caparra and himself as "...That's whenitwas insane, that's when I was like having sexual relationship with her all the time." When asked about lff i""ï:::iliH:î:î::ffi I ::ïi:::t,ï:?i5llffi '"i#,'1,:ry:iiJ?:i,il-,il:iä wherel Caparra had a new assignment called QA, in states p-c Faparra would get off work at 3Ptvl. go pio< n"t up. IaKe hrm to n"t nouse ancj meer up wrrn untr 12 midnight, then drive back to Santa Cruz. He also recalls going to Santana Row shõÞÞiñg center with PC Caparra and eating at a restaurant called Veggie Grill and driving back to his house to have sex again. ton-l toil. I When asked if he had any knowledge about PC Caparra having inappropriate relationships with other minors at James Ranch, He recalled the night at the Fairmont Hotel in Slln Jose CA, while PC Caparra was in the shower her cellular phone rang and the name appeared in the caller lD He recalled saying to himself, that name sog¡gls familiar in reìãtl-ont,o a minor named (rrr then recars a text message fror appearing on pc Caparra's phone that read "Hey babe, I'm sorry I didn't see Vou yesterclãy.Fomething came up." I I I l F;g;:;ï,:îïr?:ìîîr:ä,:;iff ended. that î:ffi I I ìl:JJïîîJ,ï'l;;H^!sÍ"H He recalled feeling PC Caparra was playing him and that she was messing around with other minors. siated during his commitment at the Ranch he heard rumors I abóutl i",iil='üfi ËF*,ft !"il:1;:î:":i',,fff ffi ;:':,fl"i*å:f ":,!"ffi ,:i,å"åil.åi;y.,?trËEi#ãË *¡i*i*itrffiåifr iiäìffi *;*'f ËË-i[{ffi that! F,",""HH aboul it?' After said Pó Caparra threatened not to ever talk to him again if he brought it up. saiO tolñìms-eh "Maybe this is a bad idea. But then was like, No, no. I stitl want to get pulled ou.!_þy her." was asked if he could provide any more specific information regarding with PC caparra, but he saiâ she would set upset so they neve-r I !lgî:t I FJ.:F I When questioned regarding other James Ranch staff having any knowledge or suspicion Ranch,I regarding his and eC-Caparia's interactions at the sa¡á tnat ne rrád a feeling that some staff were suspicious but could not confirm that any stãflFnew what was going on between ""il"#,;ï;5:iå'J,.îfi ury'#åïåi,i*lffi:f "lî:i:,i,i'åî;ffi i":'å,iåli " That's what. . kind of role she He recalled Mr. Alatore would state--OF, by the way, your mom... ^fl would tell the staff. He's like my son. Oh, your mom said, "Good night". When ouestioned reo arding how I and PC Caparra communicated outside of the James Rancn racrrtv said Snapchat wãs their primary method of communication outside of the James Ranch facility. He recalled that they would text sometimes but his aftercare counselors - photograph ictu red with the caption reading When asked to explain p that photog stated "PC Ca rra was tn re blocked out her image and posted to avoid detection (attachment#58). When asked how many inappropriate p sent him via Snapchat, he said numerous picture recalled only saving one PC Caparra sent him via Snapchat. It was a photograp Caparra's buttocks in black oanties showi ng full back tattoo of a flower and waves (attachment #19 photograp h #5) was asked why he only saved one picture from Snaocnar srares rnar ù napchat lets th e sender know if the receiver saves the photograph, so to avoid explaining why he was saving photographs of PC Caparra, he waited until their relationship progressed to avoid suspicion. I I r ht Ãy,ä,îiîiå'åî'31åä:'?:T.iåls,,'',,-Hi:ï'""?dï?f 'Ëîäi:i,::ry"å:",î: meeting DPO Vento and another Officer in front of Red Robin restaurant. Acc'rFngtoI DPO Vènto wanted to look through his cell phone. After handing over his phone, lt ång6ñã grabbed it back from DPO Vento and took the phone call. Before returning the phone back to ópO Vento, I recalls going through the phone and deleting pictureJ and conversations between him and PC Caparra. He recalls DPO Vento telling him to stop it and give the phone back to her. ! stateä that after giving his phone to DPo Vento she gave him a ride back to his house and said she would return the phone to him the next day. F,,u¿ili:l#äiå:f:3ifl#igË:i:f"?iü[î13îitlåî¿H,;:îîil:fl [ålåtîJ;ìl was not right. He said he wanted to see other women and told her he wanted thirty thousand dollars by the end of the month or he would get her in trouble. He recalled that she started crying and statéd "Oh, you know this is not you rig-ht now. This is not you speaking." I state¿ põ put Caparra herêonl on the pnonä to make him feel guilty,'but rememnérsffi her I donit want to talk to him, stating "Either you call me later if you're going to help with my money, or that's it." She said... "Okay. l'll ca help you out with money." Except, PC Caparra never called and instead began deleting from all her social media accounts and would not return his ls or text messa to that's when he reported the incident to his counselor ry When asked what he hoped to gain from the relationship he was having with PC Caparra,I recalled PC Caparra promised n¡m a really good life. I stated Éc c"p"rra ialkedFout taking him on vacations to Hawaii, helping him financrãïf-had plans to become a Probation Officer in Santa Cruz and eventually they would move in together I stated he felt guilt, embarrassment and shame because of what was happening to PC Caparra especially since she had a young child. He stated that he loved PC Caparra and everything seemed to be going so good until he asked her for all that money. Despite the fact, that PC Caparra and his relationship üvas inappropriatel still had some reservations about reporting the relationship. Julissa Vento: On March 13,2017 lnternal Affairs lnvestigator Daniel Cortez met with Deputy Probation Officer Julissa Vento at the lnternal Affairs Office located at the Adult Probation Department. DPO Vento has been a Deputy Probation Officer for five years and reports to Supervising Probation Officer Ruben Johnson. DPO Vento said she has been supervising for aboufa year, and would about once or twice a week. DPo Vento was askeÌl-torecall the timsshe supervised I seel Hî:fiJ:1l,"*'#:3'#i:liiï,å"i'["#""J""i3:Il:'Jff'i"i%'.'.:;:l,i?*:å:¡jifi3 James Ranch or in the community. She did recallf saffithat certain counselors used to "Hook him up" with food, but does not recall anythiñffurther. DPO Vento was asked if PC Caparra was his assigned counselor. She said she doesn't ever recall PC Caparra participating in any case plan or couñseling program regarcing! Nor does she recall PC Caparra being his assigned pod counselor. DPO Vento was asked what occurred on the date of September 5,2016. DPO Vento stated SPO Utsey called her and said he was given a directive by Deputy Chief Probation Officer Jermaine Hardy to seize cellulãr phone. She remembers it was Labor Day weekend and she agreed to meet SPO Starbucks on Tully and King Road in San Jose CA. DPO Vento reialls trying to at his residence but he was noithere. According Aunt, he was at East Ridge MaïhãVing lunch at Red Robin restaurant. minorf @at locatef toI locatedf DPO Vento and SPO Utsey proceeded to Eastridge Mall and restaurant. DPo Vento asied to ceií phone and upon view! viÑiñõ in front of Red Robin it the phone rang, so she handed it back to I After he concluded the phone call, she stated, "l remember specifically he went intohis Tnstagram and started deleting like conversations, or messages." At that point ðhe recalls askingl for the phone back by s-tating "Give it to me, you don'tñeed to delete anything." He handeTthe phone back to her and she told I that she needed the phone overnight and he would get it back tomorrow. When asked if she saw any¡peç¡fic name or conversation attached to what he was deleting, she said "No." She just recallsl reviewing his lnstagram messages, and when she asked him what he was deleting, he stãtecf "Nothing." When asked if SPO Utsey had seen anything, she recalled that SPO Utsey was off to the side and she did not think he could see anything. After that, she recalls driving down to the Sherriff's Office to meet with someone about downloading the phone's contents. DPO Vento recalls there being an issue about howthe phone was obtained and downloading its contents without a search warrant. She then recalls having to hold onto the phone until another detective, Kevin Long contacted her to give her directions on how to download the contents of the phone. She recalls the next morning meeting-She with Detective phone. Long and going through the steps of downloading the contents recalls that pnoine, sne ooserveffio p,crures oi PC Caparra. orr,ñg rne proóess oioown,oaorng That was the first time she recognizecfher. She recalls stating "Oh, that's a Probation Staff." When asked to describe the pictures she observed, she stated "There was one of just her face, and picture of her with, I want to say her son, or a small child." When asked if she could recognize any background in the picture, she said "No, they were pretty close up." DPO Vento alsoiecalls cell phonä's browser history revealéd PC Caparra's salary on a website called Transparent California. DPO Vento does not recall anything further from the phone pertinent to the investigation. ofl I iliatl ll SN a g I conve on DPO Vento was asked how well she knew PC Caparra. She recalls knowing of her and just saying hello if they passed each other in the hallways. DPO Vento does not recallspeaking with PC Caparra regarding any probation work or personal matters. When asked if she ever saw any distinctive tattoôs on ÞC Caparra, she stated ''No." When asked if she ever heard the termsl ff ;)"*##:åffi J;:lf-'ffi 5ï:;.î,t#::-åIil*i*î Ë:ñJ:::Îiff PCCaparra, she said "No." She statediñãlãtnough she has good rapportwithl heËever a disclosed any inappropriate conduct he was having with PC Caparra to her. However, after the allegations câme io would try and talkãbout it as if he wanted people to know. She remember telling him to stoþ fringing it up or redirecting the conversation. tigfrt,I DPO Vento was asked to recall a home visit she conducted on October 7,2016. DPO Vento reported PC Joe was conducting a home visit with PC Austin, and when DPO Vento entered the was excitedly jumþing up and down, screaming at PC Joe "Tell her, Tell her what you saw." She recalls PC Joe "Kind of being taken aback." She reports PC Joe trying to redirect because he was so excited about what PC Joe observed on his phone. She remembers Elãe showing her a picture or mariju";. ;p-Ë;;.¡ to be disappointed because they were addressing the photogrãÞhiT-marijuan-a and_g¡qlng the inappropriate pictures. PC Joe had iust observed a picture of PC Caparra on phone. DPO Vento gaíe phone recalls that PC Joe his back and she never saw thãpictures that PC Joe observed. Knowing that there was an ongoing criminal investigation she remembers not wanting home,I f ph;;;,I ;;I f I ::l!1:,,f""5äil!ffi ËË.ii:ffi iif i:3::!i"î1#;,'*,',"'$,'åäs:F^i[ï3;i!i ffi to describe those pictures, she said "They were of her butt." When asked if PC Joe observed any other pictures, she said "No Just pictures of her butt." When asked about the timing of the pictures PC Joe observed on October 7, 2016 versus the September 5, 2016 photos she phone at Red Robin, she couldn't recall if those pictures were recently sent observed just to him or if he had them hidden on his phone. onI When asked if she ever experience rememberrl being very needy a and hustle someone else. DPO Vento recalls testing any physical boundaries with her, she askin g her for stuff and she would tell him to go always wanting to get real close every time lls if at er When asked if she could recall any other information to help this investigation, DPO Vento said she had heard PC Caparra was taking out $500 dollars every pay period to quiet and there were pictures and or video circuiating holding sóme of PC Capaiffiewelry with the caption, "l'm getting paid, I'm getting mine.'--She thinks the minor's name with the pictures/ videos *"t áåo was mãybe ãn Carmen Murray's caseload. when asked how she gathered that information, she could not recall. She also stated she heard that a staff from Probation ran into PC Caparra at a reggae concert in Santa Cruz around December of 2016, and describes the interaction as awkward. PC Caparra looked at the staff person and said "l guess I messed up, or something like that. Kind of caught that other person off guard." DPO Vento could not recall who she had heard that information from. with! I Melissa Joe: keeRl On March 14,2017 lnternal Affairs lnvestigator Daniel Cortez met with Probation Counselor PC Melissa Joe at the lnternal Affairs Office located at the Adult Probation Department. PC Joe has worked for the Probation Department for five years as a Probation Counselor. She is assigned to the Aftercare program where she works with the youth in the community for approxt4elely 10 weeks upon their release from the Ranch facility. PC Joe recalls working with for approximately three to three and half months on Aftercare. ! PC Joe was asked if she could recall any instances where she observed PC Caparra and I together at the Ranch, PC Joe stated she observed PC Caparra and I interact oiîã occasions in what appeared to be counseling sessions. Once on the bencfes in front of the basketball court and once in the administration building where she observed PC Caparra waiting to sayggggþye tol in preparation for his releasebn Aftercare. PC Joe recalls PC Caparrã givingl a hug upon his release from the Ranch, but she didn't think it was out of the ordinary because a lot of staff say goodbye to the kids before they leave. When asked if the hug PC Caparra gave ! seerieo a[propriate, PC Joe respônded by stating the hug "seehed you inappropriate, know?" andl When asked if PC Caparra were ever seen in the cafeteria or any other locations at the Ranch, she said "No." When asked if any Ranch staff or CBO provider raised any concerns to her about PC Caparra's and interactions, she said "No." I PC Joe was asked to recall a home visit she conducted with PC Austin, on October 7 ,2016. PC Joe stated during a routine Aftercare home r4þil4[e conducted a search of I cellular phone. PC Joe stated that she went through I Snapchat account becauEîñã?s where most youth try and hide their illegal activities. PC Joe stated the search on his phone revealed a tab under private conversations, with a picture of PC Caparra smiling with the caption "PC" above it. When PC Joe scrolled down she saw a second photo again with the caption "PC" above itwith "Someone's rear end in like yoga pants." PC Joe then recalls her colleague PC Austin stating "\,A/ho's Tricia?" PC Austin said it really loud, you know not realizing who he might have been talking about. PC Joe then recallrl "Jumþing up and down excitedly, screariing "l'm going to get paid from the Ranch. Fuck you guys." At that point PC Joe terminated the visit because, "it *ri gätting really uncomfortable." ug¡þ,¡ting f home she saw DPO Vento and they pñoiffi Joe recalls DPo Vento stating she haá discussed what PC Joe discovereo on! just confiscated the phone the week before ánd she didn't remember coming across those photos when she downloaoêol phone. This investigator asked PC Joe wny sne didn't confiscate phone for evideGñe stated "l think I was just more disturbed at what I saw, um, and I fguess I just wanted to get out of there. Especially, the way he was acting, I didn't feel safe." This investigator showed PC Joe two pictures with the caption "PC" above the photos one of PC Caparra smiling and another with a buttocks wlh !þçk yoga pants. PC Joe confirmed that those were the same two pictures she observed on I fnoie on octobe r 7, 2016. PC Joe was asked to describe her relationship with PC Caparra, PC Joe said they just saw each other at the ranch in passing and would say hi; but she never worked with her in a pod or in any assignment. When asked if she ever communicated with PC Caparra outside of the Ranch facility in a social setting, she stated "Yes." PC Joe recalls having PC Caparra's phone number and being friends with her on Facebook and lnstagram. However, since these allegations came to light, PC Caparra blocked her from all social media accounts and she no longer has her phone number. HT:å:ffi iil#i,îlli,îiruîñ:"J#Jålö';,xï:ts:iï,Ti:::i:j;il::1lii for his behavior. She recallsl lryLgto hug her in an effort to gain sympathy. However, PC ÈË,li'J3,:Lifff;:iiii:,fi.lï"i:"iilñ'ì3:i:l:,:'åiil-ìl",ilì:i:,:li:ï3:i:i had nothing further to add. Marc Utsey: On March 15,2017 lnternal Affairs lnvestigator Daniel Cortez met with Supervising Probation Officer SPO Marc Utsey at the lnternalAffairs Office located at the Adult Probation Department. SPO Utsey has worked for the Probation Department for approximately 17 years and has been a Supervising Probation Officer for approximately two years. He currently supervises the Family Preservation Unit and reports to Probation Manager Giap Le. SPO Utsey was sked to recall a probation contact that he and DPO Vento had regarding probationerl SPO Utsey reported that he was contacted by Chief Probation OfficeÌ Laurã Garnette and Deputy Chief Probation Officer Jermaine Hardy. SPO Utsey stated the "Chief's" wanted him to obtaiñ r cell phone because it was related to an investigation they were following up on. SPO ftsey then contacted DPO Vento and they met at a Starbucks on Tully road. When asked the date of the contact, SPO Utsev said it was around Labor Dav Weekend in Î:lu;"'J.oni,':îiä:;i,'...g?r%l"ff ;.ïliiyli#"S:iîresidence'butlwasnotat with! SPO Utsey and DPO Vento then drove to East Ridge mall and made contact in front of the Red Robin restaurant. SPO Utsey describes the interaction as normal, statìñg Fe stood by phone. SPo Utsey recalls DPo Vento lookiñg through hii while DPO Vento asked to seef îå3!3¡"1,iiïåî8"*iff 3iå:i,.lffi i:%;:î",J:i,ï:ïJi givingl few feet off to the side so he could not ma-ke out anything specific, but recalls DPO Vento telling to stop it and hand her the phone back. ntei tnat, SeO Utsey recalls a ridð back to his house. I "F"."Jn:Ti'il:,m,Tüff SPO Utsey recalls meeting with Santa Clara County Sherriff's deputies to hand over the phone. However, during that visit with the Sherriff's deputies, there were some concerns regarding how the phone and potential evidence was obtained, so the Sherriff's Deputy advised them to hang onto the phone until further notice. SPO Utsey then stated DPO Vento kept the phone in her possession, until they could straighten out the legality issues. When asked what he did next, SPO Utsey thinks he called or sent an Email to his Probation manager Giap Le and/or Chief Probation Officer Laura Garnette and/or Deputy Chief Jermaine Hardy detailing the seizure of phone. SPO Utsey did not recall anything further. I Mourik Nooristany: On March 16, 2017 lnternal Affairs lnvestigator Daniel Cortez met with Probation Counselor Mourik Nooristany at the lnternal Affairs office. PC Nooristany has worked for the Probation Department for approximately six years. PC Nooristany has been assigned to Bravo Pod since August of 2014, she reports to (SPC) Heredia. PC Nooristany stated tha[ she ¡rI assigned pod. counselor in Bravo I I personarrry. PC Nroonsrany srareo When asked to describe was very personaore. very talkative, very nice kid, but extremely manipulative." When askecfto give an example, PC Nooristany reported, "When he knew certain rules, and he wasn't able to do something, he would try to ask different staff. After he was told "No" by one, he would go to another." When asked how often she made contact she said pretty much the whõle shift from counseling sessions to school supervision and meal times. PC Nooristany was asked how many times she recalled PC withl 3:3:ii: åiïìP,'ilî"Jtth:[::i3: ?"",1,,,'i."r'å't"ir-,,," ",JiJ'oo,l'Ë'y,ffi,lî;.: too. PC Nooristany recalls she had a different work rotation than PC Caparra, so she couldn't requestl give an accurate count on the number of times PC Caparra would or vice versa. When asked to recall the number of times she observ"d r".iing *ìîFfr Caparra, she said. "Probably about ten." When asked if she ever became suspicious or concerned about the frequency of their meetings, she said PC Caparra approached her a couple of times to ask permission and she recalls telling PC Caparra to "be careful of your time because he's very needv and he likes to talk a lot and peopte are busy." Although, she thought PC Caparra's and meetings to be excessive, she didn't think about it too much because PC Caparra was a colleague. I A When asked where she observed PC Caparra counseling I she recalled, "One time she pulled him out, I saw them in the kitchen sitting alone and talk.-rng. Another time I saw them on a bench away from the general population area. Another time near the Mental Health Office and another couple of times just walking around talking." When asked if there were any instances where PC Caparra *oúld pull out to ialk and she couldn't find them, she said, "Sometimes I wouldn't see them a-ndõther times I wouldn't know where she would be taking him." She stated it appeared like "Normal counseling sessions." However, she did not know the content of their discussions. She recalls one time seeing them in the kitchen and! appeared "They " to be upset. stopped talking... when I walked in. She recalled that she wa5justìn the café for a few minutes warming up her food before she left. When asked what PC Caparra and I we're doing, she recalls PC Caparra eating, and had her phone out. They were listening tornus-rc together. PC Nooristany was asked if she ever observed PC Caparra and I outside the James Ranch, she said "No." When asked what other minor PC Caparra is pullecfout of Bravo pod, she said "None." She heard frequently PC Caparra pulled two other minors out of Charlie Pod and Delta Pod. She stated the minor from Charlie Pod *rtI She could not recall the minorfrom Delta Pod, but describes him as a Light skinned mediúm Suild Hispanic male. This investigator asked iflI was possiþlgllgjnór she was describing in Delta pod. She could not recall, however, she is positive minor she pulled out frequentlv from th?;effiJårJ!" iifl [:5ii,H:ï"?:::*nLï,îfålrysË&Ë,?:ï:î,1'i-:x1#:i:"iiifl podTk" f would remove him from tñ-e fconcerns and l when asked if she ever raised any about the frequency of PC Caparra's involvemènt with minors from Bravo pod, she stated that she reported it to her supervisor, Mr. Heredia, because she thought it was a bit excessive. She recalled Mr. Heredia advising her to "Tell him No." lf I I ever requests PC Caparra say "No." When asked if other counselors expressed concernlEheJemembered other staff bringing it up because PC Caparra was doing it every shift she worked. She was asked what the policy is regarding JAS notes and/or pod log documentation of counseling sessions with the youth at the ranch. She said that ranch staff should be notating when the minor leaves the pod and any counseling sessions that are done. When asked how PC Caparra was able to counsel so many youth without documenting anything in JAS notes, she stated "Again, we didn't see anything out of the ordinary for us to be alerted. Just that it was a little excessive." She was asked "Why she didn't notate anything in JAS notes relating to all the discussionsl was having with PC Caparra, ask questions of PC Caparra like ,"what are vou guys discur.liõFrcr instruct Èc Caparra to document her counseling sessions in ias notes. PC Nooristany stated "Nobody discussed that, Um looking back now, I should hãúe. Yeah. That should have definitely been done.' PC Nooristany recalls thãtshe had a couple of times he and PC Caparra were discussing. PC Nooristany would ñTñìñ¡ze it and say religion or music and reiterate that he had a lot in common with PC Caparra. statedl withl askedl PC Nooristany was asked to recall an incident on July 2, 2016 where I returned from a furlough. Shqstated afterl returned from his furlough, he walked oyFrn the pod and she smelled a strong odor of alõohõI. She recalls asking the group who drank beer on their furlough and when nobody answered,I walked by her again ãnd she smelled the alcohol odor agaln. She then asked I if he'ñã?l'?lrank alcohol on ñis furlough, but I kept denying. Ãtter some discussion, they walked over to the Administration building so she could conduct a breathalyzer test. Unable to locate the breathalyzer machine, she näo ! submit to a urine sample and told him it appeared positive for alcohol. He then admitted to her he had two or three beers. When asked if he said where he got the alcohol from, she recalledl saying a "BBQ at my home." She then advised him that he failed his week and wrote an lñõicfent Report. When asked if PC Caparra was working that day, she said "No." because her new position in QA has weekends off. She recalls I being úery upset with her because he would be on furlough restriction for a couple of weeks. When asked if she ever suspected anything inappropriate was taking place betwçgn l anO PC Caparra, she said "No." when asked if èhe ever observed PC Cãparra oringSrooo or special treats, she said "No." Although she reiterated that "just to be pulled out as much as he was, that's just favoring in itself." PC Nooristany was asked to recall if I had ever reported his relationship with PC Caparra to anyone at the Ranch, she said not that she can recall. When asKeq aooul now sne nearo aoout me areqauons aqarnsl rrv uaoarra. sne srareol toro rrçr crLrLruf'I érru r w' w'é\)otté. vvrrEirr øÞ^çu ,, I ,,t, EvEr rLru ,ili!,,ot reported the relationship to a Ranch staff, she said "No." When asked about further cletails regarding her conversation *ith I she could not recall any. PC Nooristany was asked how well she knew PC Caparra. She said they weren't really friends, more like colleagues, stating she usually just saw her in passing and would say hello. When asked if she ever communicated with her via text message, she said "Yes." She recalls texting PC Caparra on a few occasions regardingl PC Nooriõtany reported that PC Caparra texted her to pulll out of class one day añ?lGFe replied by advising PC Caparra that Mr. Heredia advised against it. She then recalls that PC Caparra wanted to know that she was going to be off for a few days and wanted her to let him know to havea good weekend. She then advised PC Caparra that Mr. Heredia should have talked to her about ñot pulling responded by stating "That's weird," in reference to not being able to PC Nooristany was unable to locate the text messages on her phone for this investigator but sãd she handed everything she had related to those conversations to the Sheriff's detective who was conducting the criminal investigation. (Attachment # 37). I out!Ekparra púll-útI PC Nooristany was asked if she ever noticed any tattoos on PC Caparra, she said "No, I didn't know she had tattoos until later." PC Nooristany was asked to clarify what she meant by later. had a photograph of PC Caparra with some kind of flowertattoo on her She said she back and he was showing people. When asked how she got that information, she could not recall. When asked if she ever spoke with PC Caparra once the allegations surfaced, she said "No." when asked ir qhe qver heard heard! l¡r_y{ïtî;t"";tHûfff,'Silî?J::1l1,ffiJ,ïl F"*#;åi:åt:;#:it I pc out a picrure or a Buddh-aand siving it to Nooristany was asked if she could provide any more information that could heþ with this investigation. She recalled that! rignt have been friendswitfrll. PC Nooristanycould not recall anything further related to this investigation. Johnny Austin: On March 16,2017 lnternal Affairs lnvestigator Daniel Cortez met with Probation Counselor PC Johnny Austin at the lnternal Affairs office located at the Adult Probation Department. PC Austin has worked for the Probation Department approximately 20 years and is assigned as a Presince August of 2016, he reports to SPC Sal ust 2016 to October 2016. When asked to recall "Very conniving, and manipulative a was at following his Probation orders, he would always push the envelope and try WAS stated "Satisfactory." However, PC Austin recalls to be evasive and stay out past curfew. When asked if I ever talked about PC Caparra during any of their probation contacts, PC Austin stated, n-ot until after he and PC Joe were informed by their supervisor thatl was involved in inappropriate conduct allegations. According to PC Austin,I would inõüliãrabout PC Caparra and make vague comments about contacting his lawyers because he has a case against the County. Besides that inquiry oV I PC Austin does not recall ! ever mentioning PC Caparra or having knowledge of any alleged inappropriate conduct between them. and! When asked to recall any instances where he saw PC Caparra together at the Ranch, he said when he worked in Bravo pod before his Aftercare assignmenFand recalls PC Caparra in areas where they could be seen by staff. When asked aboutthe locations speaking these interactiffilth Pc Caparra took placé, he, stated "the basketball court area and picnic benches by the Administration building." When asked if PC Caparra was assigned to Bravo pod, he said "No." According to PC Austin, PC Caparra, was assigned to an Area ll assignment, QA position. When asked about the process in which PC Caparra removed minor withl and'l the gggllre recalled that sometimes she would come into Bravo pod and ask for Ihim. Other I trom times,I would ask staff to call PC Caparra they PC could talk. Austin recalls that it did not seem out of the ordinary because some counselors have a better rapport with certain youth so it's not uncommon to see staff that are not assigned to a specific pod counseling the youth. PC Austin recalled one specific instance, where PC Caparra asked him to speak with ,n schoor so to try rater when asked to recal any other so #:": pcfil:H;:r:".$;#¿:i" seeins caparra andr in rhe r?:åËffi'åïili:iñ:ttri"1ffiiffi^i;iå äñ?.; on different occasions. PC Austin stated he always observed the interactions as normal counseling sessions. When asked if he ever observed PC Caparra Ranch, he said "Never." and! outside the James lVhqn asked if any staff ever complained or brought up any issues with PC Caparra pulling out so much, hê recalls overhearing PC Nooristany staiing "Why is PC Caparra pulling out I much? She needs to follow protocol and go through me, especially if she is going to be Ibringingsohim food." He states the topic was never brought up formally meeting, itwas at a more of a frustration by PC Nooristany PC Austin was asked to recall a home visit he conducted with PC Joe on October 7,2016. He phone and PC Joe being kind of taken back and then he recalls PC Joe scanning recalls seeing a picture or text message with someone named Tricia and he asked "Who's Tricia?" which he didn't know was PC Caparra's first name. At that point he figured out who she was was acting like he wanted us to see whatwas going on with him and PC Caparra. PC Austin said he could not recall anything specific from the text messages but remembers the picture with the name Tricia on it. PC Austin was shown a photograph of a buttocks in black yoga pants with the name Tricia at the top, which he confirmed was the same picture he saw on phone on october7,2016. PC Austin recalls informing SPC Heredia, who instructed PC Joe to write an lncident Report documenting their observations. When asked to recall what social media site he saw the picture on, he could not recall. He stated his focus was of safety and security and watching his colleague. tnrougrr! becausel I When asked how well he knew PC Caparra, he said their relationship was "Mostly superficial but professional When asked if he ever saw any tattoo's on PC Caparra's body, he said "No." When asked if he observed or heard the terms or I ov erlner PC Caoarra or "No, he said I can't recall." When asked i ever d isclosed any inappropriate contact he was having with PC Caparra to him, he said I PC Austin could not recall anything further related to this investigation On March 22 2017 lnternal Affairs lnve ator Daniel Cortez met with on at the lnternal Affairs Offi ce e u AS WO rked for n rogram for two years and was previously employed of Santa Cla ra County. His current assignment is lead case manager for the rcare program Some of his duties include providing intensive case management services to young men and women referred by the Ranch program or Probation Officer referrals. tn"l rnal Affairs lnvestigator Daniel Cortez met with from ô at the lnternal Affairs Office lo ro tion worked as a SCVCN years. Sh e rep supervrsor ucting individual and group counseling ons comm Ranch. Her primary work location is at the James Rancll in Morgan H¡ll CA, specifically the Mental Health building where she has been assigned for the last three years. was asked how lon eg nmo nths of those months and two or very sociable and talkative. He re t tested anv ohvsical boundaries with her or flirt with her, she said "l don't feel he did." d to describe the conversation she had that led her to file she recalled was on Aftercare and he called her on the telephone after meeting with her earlier that day. Accordin gto called her that evening and reported he was having an intimate relationsh a ran When she asked for more wanleo to back track. However, she continued the questioning and advised him oelars I she would have to repo rt it and then cam e clean and gave up the staff name as PC Caparra and stati ng he had pictures o n nrs pnone she sent from Snapchat. WAS t, asked if ever showed her any pictures or evidence of the relationship esa f,tF*n with! f f, She was asked ifl ever told her how many times he and PC Caparra were intimate, she said "No." However, she stated "But the way he told me it seems like it was more than once, because he said...she won't talk to me anymore and she cut me off." When asked why PC Caparra cut off and stopped talking to him, she stated f reported "He told me he asked her for f money.WhenaskedifsheeverthougntGmakingitup,shesaid..Well,lneverreally thátl had anybody tell me, like something like did, and I felt like he had too many details, and the way he had told me, it seemed like it hãd some validity to it." She also stated, in her line of work regardless if she thinks it's true or not, she has an obligation to report ¡t. oio nor recar any orner qerars apour rne rnruar pnone ùne to fTleet wrln "a,,telling aftei the incident was reported. slre recalls she filed a report and she did not want to talk about it anymore. She only wanted to talKãfout his substance abuse issues. She making stâtements abouigetting paid and suing the County. However, she would redirect the conversations and discuss his progress on Aftercare. ,rornl Jtnat I I conun-ueq recalledl PC Caparra professionally or personally, They would just say hi in passing and she cou ever re else at the relationship to a recalls telli ng her colleague feedback as a fellow col told her she should consult her supervisor and make a report. told her he was having a relationship with so but when she d him for more details or a name he would never tell her. Accordin gto wou d state he is seeing a counselor from the Ranch reports pictures, phone never her any numbers or social media info rma on ere called just bragging ab out it, so she told him to stop bringing it up if he wasn't going to give her more details about it. She recalledf saying he was éoiñg to Santa Cï)2, Cn. alot because his father lived there b ut didn't realizG PC Caparra also lived in Santa Cruz CA. When asked to recall times where sh e observed with PC Caparra, she could not recall any specific observations or incide nts. She stated she thought these were all different kind of kids. She recalled lived in Hollister and she ust saw him on Aftercare and th ey usuallv met at Starbucks or a S ubway sandwich shop. recareo wn"e were at and the Ranch there was some kind of anim the two of them but she could not recall what it was about. She said showed her anything inappropriate regarding PC Caparra. stated recall any other information I I f ! ffiternalAffairslnvestigatorDanielCortezmetwith at the Juvenile supervrsor IS nown as Hiil he nce and reports to rapy, crisis intervention, family ude individualand group case management for youth at James Ranch. Her schedule varies based on clients needs but is usually Sunday through Thursday Rehabilitation Facili James Ranch. Also resent at th e interview was engagement. #'ï'J,"J^:[ii::;l"î,îfl #.i:l:,'f ü?fJüFF,"?ri.'ff i:':,iî'J#,::eil,'ftî: sharp, above average intelligence, capable, gregarious, but also refuctant to participate." When asreo ¡f eveiflirted wlth her or test any pñysical boundaries, she stated "No." I andl When asked if she everobserved PC Caparra togetheratthe Ranch, she stated "Yes." stated "They would be on the bench whffiu first walk out of the dorm, sitting on the bench fãõing the cafeteria, or walking around the blacktop." When asked if any of those interactions appeared inappropriate, she said "No." When asked if she ever observed PC Caparra and walk in areas that were off limits or beyond staff supervision, she stated she never recalled seeing them in unauthorized areas. When asked if she observed them in the café, she said "Yeah, Yeah." She never saw anything inappropriate or that would raise any concerns. She mentioned PC Caparra's counseling aþþeáreO to be excessive for someone that's not his counselor. When asked if she overhearcfany conversations related to those counseling sessions, she stated "No." When asked if she everobserved PC Caparra Outside thé "No." Ranch. She said When asked if she ever interacted with PC iaparra atlEãtãmes Ranch, I I ótI andl she said "Yes." She described those interactions as "Friendly, water-cooler stuff." She recalled PC Capana being a security floater and helping her diffuse a minor that was having some anger issues, but could not recall anything specific that would be relevant to this investigation. When asKeo rf PC Caparra ever spoKe or menuon"o oursroe of rne Rancn, sne saro "No." She recalls PC Caparra talkingãfout attending sonre festivalwith her son during her brief interactions with her. ottl I it stemmed from a couple of times in Charlie Pod, he would make sure to have his shirt off and lower his shorts a little bit, not to shor¡v me anything, but just like, an Abercrombie & Fitch you Know...srance. *ou,o mane éye contacl wnn ner. ano rry ger ner slaleo attention. She stated it was never physical but it made her feel very uncomfortable. She closed by saying she didn't know if it was intentional or malignant more of a coping mechanism because he had some issues as a child. I I was asked if she ever observed and PC Caparra atthe Ranch, she said "Yeah, a mes that I recall." She went on to say rn a ll the instances where she saw PC Caparra counseling or any other minor she believed it was with the ntention of helping them. She stated "l mean I didn't find them in a closet you know... what I mean." When asked what she observed in relation to and PC Caparra, she did not recall PC Caparra counseling I was asked to describe how she learned about the a llegati ons reported, she reca reached out to her for g uidance because could not get a hold of h er su ron weekend. After speaking with said she called Ranch Supervisor Sal Heredia because he was the Pod where was nouseo She reported Mr. Heredia was going to notify his manager. She then contacted DPO Vento and made her aware of the report. When asked why she notified DPO Vento, she said it was out of concern, because Probation Officers go out in the field and she knew Ms. Vento would have further contact and she wanted Ms. Vento to be accompanied for her own safety. I with! repo "Not at all how that went down it was on a weekend and looking back a really charged thing to happen, right? When I called her I said, 'Hey, I've called Mr. Heredia, but ljustwanted you to know.'You know'he's aware, the manager's aware, but please be careful." asked if there is anyone else I should talk to that could help regarding this Iinvestigation.was She mentioned ChristopherTieh, because PC Caparra and Christophershared an office in QA. was asked if she had any contact with PC Ca rra srnce the allegations were reported, stated "Right when we got the allegation, texted Ms. Caparra and said ease I me...' and then she wasn't sure if she had umber, and I said. 'Well, let me check,' and so I called PC Caparra, and said 'Call as soon as you can.' But I don't remember if like, I texted, to be honest. I was more na, to come down." stated she no longer had those text messages or PC Caparra's phone number, she Ilooked on her phone but could not find them. When asked if she spoke to PC Caparra on the phone, she said "No." She recalls just texting her but never getting a response. When asked if the phone number she texted PC Caparra from, was her work or personal cell phone number, she said both and provided the phone number she used to text PC Caparra that day to this investigatot could not recall anything further related to the investigation. I On April 13,2017, lnternal Affairs lnvestigator Kevin Hebb met with Ms at the rsuurrçu Ðrrç rr the m lnternal Affairs office located at Adult Probation. I a former probationer, I I who was committed to the Juvenile Rehabilitation F acilities (the Ranch) Clarifying her statem"nt, f stated she first knew I was involved with someone because when he was released from the Ranch in March of 2016, he mentioned "that someone was interested in him." However, she "laughed it off." She remembered asking I if it was a male or female, and then wondered if it was someone she had already met, notr-rng she had attended several meetings at the Ranch, including an Multi-Disciplinary Team (MDT) meeting. noted she was concerned about his relationship, but "didn't take it too seriously." She Iwas not certain person. of the level of interaction he was having with the She stated, she did not know at the time if he was having sexual relations with the person. What she did know was PC 1]gpgrrawasincontactwithfandshortlyaftergettinll.',n"HCaparraasked Fnot"o she knew it was a violation of his Ranch releaForders, secretive about going to the ' "fi r game. was being very untit! Itwas not came home and found the business card of the Sheriffs detective on her door that she learned more. She said she called the detective back, and subsequently met the detective the following day. During her conversation with the detective, she showed the detective iedas Êåï:"ffå:'3i:::'["*"Hm3l:ffi ,il[i;,.:',i:åî:;;'nffi 5äsoÊrsrq¡dentif shespokewith andencouragedhimtobehonestwiththeo"."..,u"fiwasnot forthcoming at that time. withl and the detective, but she learned later he Fe said I was concerned about retaliation. She noted she was not present in the room did not divulge anything during his interview. jìi#i,:ii,':ll"Ç"m-1,";:¿l:,*i:Ti:l"*xT:ffi :i Ëffi,i3fr trif,1å""*î saidl to realize whatÏad hapbened to h¡mGwrong, given PC Caparra c.?.me Iwas a person in a position of authority. However,I could not meet with the detective due to "extenuating circumstances." She said she had sfnce come to know another boy, whom she was also involved with PC caparra As reared the situation f:ilil:i ãi"__,Ç such,I important for his own healing. She noted the stigma of being victimized, especially from a female and lgglg sexual predator. Saying I were victimized as well. She believéS I both involved shows there may be others who coming forward and being forthcoming with information not only helps himself, but helpSother youth by protecting them from potential abuse funner srareo sne nõpeoI wouro snare rne oy someone rn a pós,r,on oi aurnorny I photos of him kissing PC Caparra with Probãtl-lon lnvestigators. wnen rne reraiionsnrp berwe"nl ano PC Caparra began. Sne knew IItwas somewastimenolcertarn while he was at the Ranch. She recalled when he was released from the Ranch in March of 2016, he stated someone was "really interested" in him; however, he "laughed it off." had major heart surgery. As such, her focus She further reported, after he was was getting her son healthy and off of Probatiõn She said never in her "wildest dreams" did she imagine someone responsible for taking care of him at the Ranch would have victimized him. releas.d,l further,I When queried reported! did not attend the Sacramento Kings game as he had requested to do. She noted, it was early in his Probation, and he was still compliant at that time with his orders and conditions as he wanted to get off Probation. Further, she said she had texted his address to PC Caparra, and they had spent learned around the same time, ume rn rne Los Garos ,r"". Sn"-**veo rne encounrer was someume rn stated, she could not say for certain all the things that happened betweenl and PC Caparra, needed to tell his story to invéstigators.'She further sa¡dìî-was difficult having a and as conversation as a motherwith her son about his sexual relationship with a woman who was in her ¡O'r said it would be better if spoke with investigators rather than her. I Eoi 2016.- such! I ff : ffi ïï I æ ffi i:i i:ì ry ffiï ï:i:i ff HËffi : Ë %i 5 ä",: #:: : : i #'Jr ; Ranch in the first place at it was not a program designdîõmeet his needs. was subsequently victimized by a staff member from the Ranch was leally sad" to her. lt maFes her "sadder" to know it happened to someone else other than expressed frrllg frustration, saying the fact PC Caparra was on "paid administrative Leave... it's deplorable." said shé nõped, by telling her story, investigators could stop what had been happeninll I I Learningl I f I On April 19, 2017, lnternal Affairs lnvestigator Kevin Hebb met with Correctional Facility in Milpitas, California. f I ,t the Elmwood confirmed he was previously on Juvenile Probation with the Santa Clara County Probation IDepartment. He stated, while on juvenile Probation, he was committed to the James Boys Ranch (the Ranch) in Morgan Hill, and was assigned to the C-Pod. He said he was at the Ranch for approximately two and one-half months. not certain when the relationship between he and PC Caparra began, but estimated it IFeganwas in February of 2016. He said he has "always been really charismatic" and it "just kind of sparked her interest." He noted his mother is a therapist and his father is a "manipulative drug addict," so he "picked up on those traits as well." He said he noticed her interest in him and he "exploited that fact." He said PC Caparra was "pretty professional" for the first couple of weeks; however, she began to take him out of his pod more often and for longer periods of time to talk. He believed PC Caparra wanted to help him at first, but after a while it changed. When the two would talk, it was about "everything in general." He believed she was intelligent, and he was intelligent as well, so "it just happened." He said it eventually escalated to "little flirtations" and it began to become "a constant thing." ïhen he was released from the Ranch and she gave him her phone number. They began to associate outside the Ranch "and itwas off from therã." statäd, when PC Caparia wóuld take him out of his pod at the Ranch, many staff members would see them together alone, but always in public areas. Any time they had a conversation or were together, it was in common areas. I he was not certain he was ever in a "relationship" with PC Caparra. He said he Ihad a reported, girlfriend at the time, someone he had been seeing on and off for approximately seven years. He stated, at the time he was with PC Caparra, he was not with the girlfriend. I said his own drug addiction and the choices he was making interfered with his relationship wìth his girlfriend. As such, he "needed someone to fall back on." Then there was PC Caparra, who gave a sense of siability. PC Caparra "pressed the right buttons, so it worked.t Iookìng back on the experience,l believes PC Caparra was manipulating him, butatthe time it was happening he did not recognize it. She appeared to have a "nonchalant attitude" toward his activities. He said he could be a "scumbag" and did not have to account for his actions "at any said PC Caparra would show him preferential treatment such as bringing him food, time." drinks,-arrcf candy. He noted it was "innocent stuff'such as describe in the "sexual assault pamphlets you get when you go in jail." However, even with her actions, he did not "think of her any different." He said the "both used each other." f I I said he was not going to "come forward" about his experiences because he knew PC @rrr" had a child. Howevér, when minor!1. came forward, he understood he needed to "clear (his) conscience." He said looking back, he knew what happened was not right and that he was "taken advantage of." He said he was no longer on drugs, so looking back he thought he had "all the cards to play the game," but he now realizes he was just "flustered." would ask to return to the pod to get his with him. He said was "a minute here ,aml , and she would go into the pod ere reported he knew "everything" about PC Caparra's relationship with minorl I He fñoteçthey were "really good friends." He did not believe PC Caparra was aware ofhTs and friendship. approximately a month after he was released from the Ranch,I I releaseo as werHe-sãio ano rnev wouro assocrale wrrn eacn olner. He sarc¡ wnenl saw nm an-õ togethesF.r,":i:ix*ï !!,,,¡!aRarra [T.:,å:',î':îîÌl,l;#l;: F,"m['Ët'â:ti;* -was Fd:lÎJ:"'o I f Feeling PC Caparra was dishonest about being with started seeing PC Caparra's "behavior for what it was." He said he began to manipulate her, throwing "little jabs at her" and watch her lie about it. That is when he began to lose respect for her; howevçr he saw a "benefit in meeting" so he remained involved with PÓ Caparra, as did said PC Caparra gave him money and attention. Being in the situation, he craved hei átténtion He said he could not explain it as he was no longer in "that mindset," but there was "real sex involved" and both boys took advantage of PC Caparra. He noted they were both taken advantage of as well. minorll I said he believed there was one other individual that was involved in a relationship with PC ICaparra, but he could not "guarantee it." He said the person he suspected was much younger thin he andl He said Þc caparra appeared to be drawn to a certain ty¡g { individual, and person the hFsuspected did not "fit like the criteria" for what he knew of her.I said he did not know the individual's name, but knew him to be a possible Norteño with theÏ'!ãRname of I. was not certain if other staff at the Ranch suspected he and PC Caparra were involved in fanything. He said a lot of the other staff did not treat PC Caparra well. There were also a lot of male staff members who were clearly attracted to her but she did not care for their advances. He , liked PC Caparra, and another staff he identified as poorly because she rebuffed his advances. As such, a PC Caparra [sic]treated lot of staff took notice when she would from his pod, making comments about her taking him or other minors out again. However, he could not say if they suspected anything inappropriate. noted one staff member, pull! According to all the minors in the pod wished to be pulled out of the pod by PC Caparra because "she was a cool lady." He said she "definitely had some button issues," but overall she "was cool." He said she made his "time at the Ranch a lot easier" as he could "pretty much do whatever" he wanted. I PC Caparra was not assigned to his pod, but was instead in F pod. However, she Iwas a noted "floater" and as such would come to his pod from time to time. He said the F pod minors were younger, and could be "assholes" toward her. As such, she seemed to go to the older boys as a form of taking a break. He said the youth in F pod were "gnarly little kids" and they would really frustrate her. So, he would spend time helping PC Caparra deal with her frustrations and "made her happy." reported he only received one OT from the Ranch priorto his release, and on that OT he did Inot meet or speak to PC Caparra. However, he said he was released from the Ranch four days later, and on that day he spoke to her on the phone "all day" as well as texted her. He said, during their relationship, she never provided him wiih drugs. Fur[her, he noted he only spoke about his relationship with PC Caparra. He clarified and said there were a "couple of peopTe"ïe and knew about the relationship he and were having with PC Caparra while at the Ranch, but said they would never speak with investigators. witnl I I he never spoke about his relationship with PC Caparra because it was so unusual. He fsaid hesaid has heard about incidents in the prison system, but noted he was in the juvenile system, and PC Caparra was a female staff having relations with a male ward. As such, he believed it was so unusual that no one would ever believe him. Therefore, he never spoke about it with people. I stated, while in Elmwood Correctional Facility, he had been approached by other inmates wfo said they heard about what happened. However, he would tell them it was only a rumor, and deny anything happened. He said he did not want to "put her on blast," and have people know about her. Hebb,I ln speaking with lnvestigator said he had come to realize what PC Caparra had done, and knew how it had impacted him. He knew itwas wrong, and when he seeswomen who remind him of PC Caparra, he feels "gross." He said he is ashamed of what he did with her, and that is why he chose to speak out about it. he still had pictures of he and PC Caparra. He said he had pictures of them kissing, Ias wellstated as of her tattoo. He said the tattoo is located on her back. He further reported he knew who the artist was because he had tattoos as well. He said in order for investigators to get his text messages between the two, a subpoena would be needed. I Upon being released from the Ranch confirmed PC Caparra had asked him to go to a Sacramento Kings game; however, he did not attend. He said she ultimately wentwith someone she knew from Stockton, California. He noted, he believes PC Caparra was dating the man from Stockton the whole time she was also He said she would often about her problems with the other man. seeingi talk-toI reported he had a video of he and PC Caparra at the Santa Cruz Boardwalk. He noted he Iwas drinking at the time. He further stated she would take him out drinking when they were together. He said they would ultimately end up back at her home where they would have sexual iniêrcourse I confirmed his father lived in Santa Cil)2, a couple of miles from PC Caparra. He said he livédúith his father for onlv a few months before returninq to live with his mother. PC Caparra had picked f up from n¡å tatnefs house at least once.-! noted his father had seen PC Caparra on one such occasion. He said his father had his own ãddictions, and as such did not pay much attention to what! was doing. he had spoken to his mother about his relationship. He said he never gave his Imotherstated many details about the relationship, but reiterated he had spoken to her before. He said he would tell her in order to prevent him being accused of anything, just to cover his tracks. He said he did not want to be caught for any "stupid things." ln regard to his trip to Los Angeles for a conference,I said he really did go to the conference. He said it was a terrible thing for him to do as he just went and got drunk and intoxicated with various drugs. He said he felt horrible because the people he was with were truly leading a sober life, yet he was completely intoxicated the whole time. He denied meeting PC Caparra in Los Angeles. reported he would meet with PC Caparra "a couple times a week." He said it was usually in Ithe middle of the night, as PC Caparra had a child. He said she would have to drive from Morgan Hill to Santa Cruz àfter picking up her son. She would then calll when she was home. toI it was in late March of 2016 when thev first had sexual intercourse. He said it was right-aftã?Ëwas released from the Ranch I said it happened at a parking lot in got together, he said PC Caparra was reluctant. He said he Saratoga. That afternoon, when they convinced her, saying "you're already here" and "(if)you're gonna have sexwith me, have sexwith me." Again she wâs ieluctant, but wñenl æ¡O'n" was going to head home, she stopped him and proceeded to perform oral sex on Flil They then eñgageO in sexual intercourse I Accordino noted, PC Caparra always insisted he use a condom when they had sex. he and PC Caparra had sex in different locations, including her house and places he IFnew.said He said when they got together, it was for the purpose of having sex. He said it was usualy !Ç Caparra who initiated the encounters. He said they would speak on the phone every OrV I said their encounters were dependent often on her schedule. As such, he said he diá not seéKher out; he would do his thing until she would contact him. He said there were occasions where he would "blow her off," saying he did so more that the number of times he agreed to be with her. It was around this timel began getting back togetherwith his girlfriend. As such, he found he did not like PC Caparra as much as before. TheV eventually stopped hanging out as much, at saià! eiperienced the same which time he noted PC caparra "started getting weird." I thing. PC Caparra would threaten him by ðaying she wasEüìõTdalwäñõüThim. This causedl to distance himself further, noting "she's the last thing I need." He said he felt she was trying to bargain with him, but he knew she was in no position to do so. After PC Caparra began trying to preüentI from breaking off the relationr'niO, I realized he needed to keep éome-of the things he had of her, such as the pictures on his phone. I stated there was one time he received money from PC Caparra. He said he gave her a EãEür excuse at the time. She was reluctant, but uliimately gave in. believed P-C Caparra truly cared for him, "but it was just in a way that's not, like, normal." She was possessive of him. He said he knew she had been "taken advantage of" when she was younger. lt was another way in which he related to her. He said his experiences with trauma made him more empathetic of her, and he truly sympathized with her. He said he began to feel he would "look out for her." I Ultimately,I believed PC Caparra was taking advantage of him in every way. He believed he was wild ãnFspontaneous, and tnat made her féel yorngirg"¡n oélleveo she needed to feel better about herself, and she used him to feel that way. He thinkl5he even told a lady friend about him. He also believed the man she was seeing in Stockton learned about their relationship said PC Caparra continued to because the man was able to see their texts to each other. play to his weaknesses, and "pull" him in to a point where he thinks she ultimately wanted to be seen in public with him, though not in places where they might be seen by people they knew. f I telling someone at the Ranch about his relationship with PC Caparra. He said he Idìcfnotrecalled give details because he knew the person was a mandated reporter, so he had to "work around it." He said he believed they suspected, but they could not prove it, so they did not say said he anything because they did not wan[ to ruin someone's career without any proof. I would do such things because he had an ego, and he just wanted to say "look at me." Throughout the relationship,! said PC Caparra would instruct him to delete pictures and texts between them, to which he usually followed her instructions. He noted there were a few things he did not delete, and agreed to proúide them to investigators. ln conclusion,I again statðd ne felt taken advantage of by PC Caparra. He said he has had time to think afout what happened, and he sees how her "behavior played on (his) character assets." He said he does notwant herto be considered a sex offender, but he understands what she did was wrong. He noted he was on juvenile Probation, and though an adult at the time, he was still under her jurisdiction as a Ranch -Counselor. Hesaidheknovüs!lwaslzatihetime,andassuchwhatshedidwasillegal. f f said that was the only reffiFê was cooperating with investigators. (second lnterview): On May 22,2017, lnternal Affairs lnvestigator Kevin Hebb met with the witnesr, I at the provided lnvesiffir Hebb lnternaiAffairs office located at Adult Probãtion. On that date, I with three photographs of he and PC Caparra kissing (attffiment # 27). He noted the photographs were taken the day they first engaged in sexual intercourse. Additionally,I provided a copy of the video he had previously reported having, showing he is seeñ in the video and PC Cäp-arra at the Sant a Cruz Boardwalk (Attachment +¿S). drinking a large Coors's beer. stated he thought he had aOOÍt¡oñãtiÏotographs, but could not locate such. I I stated he was familiar with PC Caparra's home, having been to the house a number of Itimes to have sex. He said he was unsure of the exact address, but reported the streets it was located on. I then drew a picture of the layout of PC Caparra's house, labeling locations within the horne, as well as the placement of some furniture (Attachment #18). PC Caparra Subject: On June 29,2017 lnternal Affairs investigators Daniel Cortez and Kevin Hebb served PC Caparra with Proof of Service forms. PC Caparra acknowledged receipt of the Statement of Allegations made against her, Peace Officer Bill Of Rights (POBAR) Notification and Notice of lnterview. PC Caparra signed and dated the forms and was instructed to report on July 13,2017 to answer questions in a formal interview. On July 12,2017 this investigator received a phone call from Christine McGuire, attorney representing PC Caparra, informing this investigator PC Caparra resigned from the department on July 10,2017. Ms. McGuire also stated that PC Caparra would not be reporting to the lnternal Affairs office to answer any questions. ïhis investigator contacted Deputy Chief Diana Teves to inform her of the above. CONGLUSION: On September 6, 2016 Probation Counselor PC Caparra was placed on paid Administrative Leave pending the outcome of both a criminal investigation as well as an administrative investigation related to allegations of participating in an inappropriate relationship with an in custody minor. Although this case was assigned to lnternal Affairs on September 6, 2016, the administrative investigation did not begin until the completion of the criminal investigation. On March 15,2017, this investigator met with Detective Sergeant Sugey Jaimez from the Santa Clara County Sheriff's Office to obtain investigative material related to the criminal case. lt was at this time that Detective Jaimez advised this investigator that the Santa Clara County District Attorney's Office declined to pursue criminal charges due to insufficient evidence. At this point, the ad m n istrative i nvestigation officially com menced. i This investigator reviewed multiple pieces of evidence, including numerous DVD recorded victim/witness interviews, CD's containing forensic analysis of PC Caparra's personal iCloud account, PC Caparra's personal cell phone records, PC Caparra's AT&T billing information, Fairmont Hotel receipt associated to PC Caparra, PC Caparra's AT&T extraction report detailing texlvideo messaging, PC Caparra's Fertility Calendar captured from her iPhone, Copies of James Ranch Bravo and Charlie Pod logs, Copies of James Ranch OT Furlough logs, Time Detailsheets for PC Caparra, lncident Report detailir re p o rted by p c J oe ; n ci d e n t Re p o rt [ :iS f flHïl,1¡ under the influence of alcohol reported by PC Nooristany, as well as Departmental Emails admonishing PC Caparra for being alone with youth out of sight supervision from other staff, and photographs taken by this investigator of the locations where the alleged sexual misconduct had taken place at the James Ranch. .:1i,ilJf*':ilîlifl r lr#l,f î; The investigation established that minorr l land I I were both romantically and sexually involved with PC Caparra. There is acklìtiõnal infõrrnatfon that supports PC Caparra's involvement with minors I of her involvement could not be I out the extent "nd I the investigation process that PC Caparra invented a substantiated. lt was learned through sophisticated method to disguise her true identity. For example, she used different aliases (a.k.a) when communicating with the minors. Therefore, by deliberately concealing her identity it would reduce her risk of exposure. This investigator discovered that the following aliases were used by PC Ca arra and the minors to communicate with each other. PC Caparra used aliases k.a. (aka a.k. ) when commun icati with and one text Emails and Sna I sea n commun I.(t.1." messages. arra rou messages, and lnstagram used this aliases when communicating with Caparra through Email, an t ASES le communicating with PC Caparra though Snapchat. with PC Ca parra in communicating through text messages Through the course of this investigation, the evidence established that PC Caparra had a Modus Operandi "M.O." ln where, her distinct pattern comprised of identifying minors that would engage in the same interests she had e.g. non GMO foods, Buddhism and Music. She developed a rapporl relationship with the minors making them feel "special", by providing one - one counseling away from the pod and bringing them Fast Food on occasion. She then exchanged her personal Email, Snapchat account, lnstagram account and pe¡ggnal cell phone information with the minors. Furthermoie, in the instanceiwith she initiated an intimate relationship subsequent to their release from the James Ranch. Äfter they grew weary or attempted to end the relationship, respective she would cry âno threaten to hurt herself if they left her. to! and'! f andl An examination of the evidence suggests PC Caparra participated in gross misconduct with youth at and away from the James Rancn. ln the case sexual misconductwas occurring côncurrently. Where in havr-rng sexual intercourse with PC Caparra during the same time period ancFeventuallylìscussed the sexualencounters they were navrng wrrn PC Caoarra. Tne areqauons of sexuar mrsconoucr wrm rno *ere êo,e,y oaseo on ano sraremenrs. However. rnvesugaror cor.rro nõr substantiate those allegãIfons. Nonetheless, the investigation suggests the precedent PC Pc caparia s acuons bothl f ;:lJilåüL:l;.; ",""1,îH ofl anOlihe anollere ! Ëî:ì:^"'"tes I rn--rs f I w''nr'*r Thus, the focus of the investigation is in regards to the following issues: 1. D¡d PC Caparra violate the Department's Code of Ethical Conduct? This investigation produced substantial and persuasive evidence supporting a finding that PC that PC ovu C rra's iPhone revealed and a pplication called PC Caparra documented i ces rn or on July 5'2016 PC Caparra wrote intimate firms he had sexual intercourse with PC Ca parra on ,t WAS is identified 2016. maoe srmrar slaremenrs wrrn Snenn s rnvesrgarors a nd this investigator Ilregarding,"ntI the sexualiéTationship he was having with PC Caparra. PC Capa rra's AT&T phone records (attachmenls# 14 &16) shows that PC Caparra was communicating with via text message, phone call and social media applications, specifically Snapchat. ln ad version of his sexual encounter with PC Caparra on July 2, 2016 at the Fairmont H Jose CA were similar to the version he gave Sheriff's investigators, including where he states PC Caparra p urchased two beers for him which he drank before they had sexual intercourse. ln addition PC Caparra's iPhone applicatio confirms she was intimate on July 2, 2016. The Fairmont Hotel receipt (attachment#17) indicates that on July 2,2016 PC Caparra booked San Jose CA. Altho room date. at the Fairmont Hotelwho located a room rese PC Caparra's name ( PC Nooristany on Ju (attachment # 31). M on ücrooer 7 2016, both confirm from the social med ia site Snapchat. attorney (attachment #1 9) tr I ttltinor! no video surveillance existed forthat (gtql on 07102116 in port written by on, according to an ln from his furlough under the influence of alcohol by PC Joe and PC Austin durino a home visitwith aw pictures oi PC Caparra on s cerr pnone also provid ed those same photographs via his f was listed in PC Caparra's Snapchat Best Friends list (attachment#21) as nuñõFiõïr rn ir-equency of contacI. I was nouseo rn Cnanre Poq wrrn I ano according tothe Charlie Pod logswas pullecf oulby PC Caparra on one occasion (aÌtãchment Tlîà,,'iJåìJlï.?ilfli:t[:3i?i?x'åH:::i""åi3H",5f,ïlîî'"ïåiil3l",iîli?ïiiîi his last known address but received no response (attachment fÉ46). F..,-['*x;H.ïff fåìi:;iîilt[:iJ;:lil"s"#fi 'f":ilyã:%ï:tJiiî pod (attachment name to Sheriff's investigators. However, when reviewing the Ranch logs #36) F,"*iì;:ì:,i::ffi :iîiff :lJå:ifl'¡"::i?."iï"iiî:, u'T,'cãparraAdditiona'v' Based on the compelling evidence this investigation concludes that PC Caparra was engaging in Prooarron Frero sneer onórogrãon sexuar mrsconouct uu,tn I I ano I I I (attachment# 11) is similar to the Snapchat photogràþh. lt is evident that he was communicating Moreover, PC Caparra refused to come in and answer any questions related to this investigation after she was served with the allegations and a notice of interview date. ln addition, PC Caparra's abrupt resignation leads this investigator to believe the statements of the victims, witnesses and evidence obtained during this investigation are true. Therefore, this allegation and the associated policy violations listed below are sustained. Santa Clara County Probation Departments Administrative Services Procedure ManualPart 200, Section 220 - Code of Ethical Conduct The Santa Clara County Code of Ethical Conduct states that public service is a public trust. ln keeping with, and incorporating the County Code of Ethical Conduct, Probation Department employees are responsible for performing their duties in accordance with the highest standards of ethical conduct. The Santa Clara County Probation Department believes the following core values are fundamental to the success in realizing our mission and goals: . Our employees are the foundation upon which we provide quality services. We emphasize unity, positive relationships and open communication. We respect our employees by providing education, training, appropriate tools and developmental opportunities. We value and embrace diversity, cultural competence, respect and equitable treatment. We strive for optimal performance through innovation and collaboration. We conduct ourselves with honesty, integrity and accountability. . . . Professional and personal activities must be free of improper influence or the appearance of improper influence. lnappropriate conduct includes, but is not limited to: . . . . l. Activity which is in fact or could reasonably be viewed as in conflict with one's official duties; Using County time, facilities, equipment, supplies or the badge, uniform, prestige or influence of one's position for other than official purposes; Accepting personal favor or personal financial gain for professional consideration; Engaging in improper relationships with clients and/or their families. Staff with personal and/or family relationships with clients should notify their Supervisor and the client's assigned Deputy Probation Officer. County Merit System Rules 425-301(a) (1) "Violation of the County Charter, merit system rules and regulations, and written and published departmental rules and policies which do not conflict with this article." ll. County Merit System Rules 425-301(b) (1) "Guilty of gross misconduct, or conduct unbecoming a County officer or employee which tends to discredit the County or County service." lll. Gounty Merit System Rules 425-301(b) (2) "Guilty of immoral conduct or criminal act." 2.Dad PC Caparra violate the Probation Departments Juvenile Ranches Procedures Manuel PREA (Prison Rape Elimination Act) policy? The (PREA) policy prohibits sexual contact, sexual harassment and acts of sexually abusive behavior among residents and/or between residents and staff, volunteers, contractors, interns or official guests/visitors, regardless of consensual status. P a¡t l2,Section 12.01 - PREA POLICY STANDARDS BY CODE: UU: Sexual Abuse of a resident bv a staff member, contractor, volunteer, intern, official, ques/visitor: íncludes anv of the followinq acts. with or without consent of the client: Probation Depa rtm ent J uven i le Ranches Proced u res Manual #4. Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact incidental to a physical altercation #7. Contact between the mouth and any body part where the staff member, contractor or volunteer has the intent to abuse, arouse, or gratify sexual desire #11. Any display by a staff member, contractor, volunteer, intern, or official guest/visitor of his or her uncovered genitalia, buttocks, or breast on the presence of a client #12.Voyeurism by staff member, contractor, volunteer, intern, or official guesUvisitor V. Probation Department Juvenile Ranches Procedures Manual Part12, Section 12.01 (l) (A) Zero Tolerance Policy- "Means by policy and practice the Department will not tolerate resident sexual abuse of any kind in its facilities or in the community. All incidents of sexual contact, sexual abuse, sexual harassment and sexual misconduct within its facilities shall be reported and investigated and, if applicable, criminal charges may be filed. Disciplinary sanctions and penalties shall apply to any violation of the policy to reinforce importance and deterrence. Consensual sex between juvenile residents is not allowed in facilities and will be addressed by facilities' disciplinary process." The evidence indicates PC Caparra violated the Probation Department Juvenile Ranches (PREA) policy, specifically part 12 section 12.01 page #7 UU (#'s4,7,11,12) and section 12.01 (l) (A) Zero Tolerance Policy in where cell phone records obtained from_!Ç Caparra's iCloud account show inappropriate pictures she sent from her cell phone to cell phone via social media site Snapchat displaying her buttocks (attachment #19 photo addition, statements made *nõr" they detail their sexual contact and sexual intercourse with PC Caparra ano onñilÏtr-ple ocrc¿rsr-rons. Specifically, with at the James Ranch in the Café where she pulled out his penis and "jerked" him off anclãt the Fairmont Hotel in San Jose CA and at his home where they had sexual intercourse on multiple occasions. Additionally, spoke with Sheriff's detectives, he stated he and PC Caparra were at the greenhouse areaãfïhe James Ranch and PC Caparra told him that had to be careful because of PREA (Prison Rape Elimination Act) PC Caparra told to water the plants to make sure they had a legitimate reason for being in that area. thatwhen he walked into the greenhouse PC Caparra pulled followed him in up his bbed his buttocks, began kissing him and said she missed him (attachment # 13 PREA tab) ovl I #flln I I ! whenl states that he and PC Caparra had sexual intercourse on one occasion in the back of her Ilcar (attachment # 27 photographs ,2, 3), and at her residence on multiple occasions in where drew sketches of PC Caparra's residence (attachment #18). Hence, the investigation Idemonstrates PC Caparra knowingly participated in sexual contact with I at the James Rancn ano nao sexuar rnrercourse wrrn oornl anol oursroe an" r"ffiancn vroraüng 1 the Probation Departments PREA (Prison Rape Eliminalìõn Act). ards to this investigation establishes that PC Caparra was communicating with (attachment 36) resignation in lieu of appearing, for a formal interview to answer questions, can only lead this investigator to speculate that PC Caparra's interactions with I*"re improper. Ñ"I;,i,iîî:?il".:åtÉ::i:i"Ji::;li::åï,3ulff ,Hïi','"*îff å::1"' Therefore, this allegation and the associated policy violations in regards are: Sustained toll andll lV. Probation Department Juvenile Ranches Procedures Manual Part 12, Section 12.01 PREA POLICY AND STANDARDS BY CODE - "The Santa Clara County Probation Department is committed to providing healthy, safe and secure custodial care for its juvenile residents to include azero tolerance standard towards all forms of sexual abuse, sexual harassment and staff sexual misconduct within its facilities and contracted programs in compliance with the Prison Rape Elimination Act of 2003. This policy prohibits sexual contact, sexual harassment and acts of sexually abusive behavior among residents and/or between residents and staff, volunteers, contractors, interns or official guests/visitors, regardless of consensual status. The Department will immediately respond to allegations, fully investigate reported incidents, pursue disciplinary action, and refer for investigation and prosecution those who perpetrate such conduct." De partment J uven i le Ranches Procedu res Man ual P a¡t l2,Section 12.01 - PREA POLICY AND STANDARDS BY CODE UU: Sexual Abuse of a resident bv a staff member, contractor, volunteer. intern, official, ques/visitor: includes anv of the followinq acts. with or without consent of the client: Probation #4. Any other intentional touching, either directly orthrough the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact incidental to a physical altercation #7. Contact between the mouth and any body part where the staff member, volunteer has the intent to abuse, arouse, or gratify sexual desire contractor or Any display by a staff member, contractor, volunteer, intern, or official guesUvisitor of his or her uncovered genitalia, buttocks, or breast on the presence of a client #1 1 . #12.Yoyeurism by staff member, contractor, volunteer, intern, or official guest/visitor V. Probation Department Juvenile Ranches Procedures Manual Part12, Section 12.01 (l) (A) Zero Tolerance Policy- "Means by policy and practice the Department will not tolerate resident sexual abuse of any kind in its facilities or in the community. All incidents of sexual contact, sexual abuse, sexual harassment and sexual misconductwithin its facilities shall be reported and investigated and, if applicable, criminal charges may be filed. Disciplinary sanctions and penalties shall apply to any violation of the policy to reinforce importance and deterrence. Consensual sex between juvenile residents is not allowed in facilities and will be addressed by facilities' disciplinary process." 3. Were PC Gaparra's actions in violation of the Juvenile Ranches Guidelines for Conduct of Staff policy? The Juvenile Ranches Guidelines for Conduct of Staff section Vlll state, Probation Department Juvenile Ranches Procedures Manual - Part 02 - Section 02.03 (l) (10) Guidelines for Conduct of Staff #10. "We are a role models to the youth we serve. Staff shall ensure by their dress, language, and behavior that they render a positive influence. Staff shall not develop social relationships with youth once they have been released from custody absent special permission from Management." withl PC Caparra violated this policy when she developed inappropriate relationships and on anO off the James Ranch (attachment's #16, 19,20, and 21). These atÌãõFments I F:n'rg:i.lf"îå:ilil;'":'ì::lïi:i::å1;åå'jji"JJ:8":"Jî:iffiii.illl:,t"Ë:i,H working as a "Floater." A position in where you are not directly working with the youth in a pod. PC Caparra was conducting one on one counseling with these youth. For example, PC Caparra counseled 15 times, from 0212511 6 to 06125116 (attachmen ln allthe wrote a case note in the JAS case management syste ! Irmes. ano one rme sessions PC Caparra never esc counseling sessions with these youth or was questioned as to why she was pulling out these youth from the pod so frequently. Furthermore, statements made PC Nooristany, PC Austin, PC Joe and DPO Vento corroborate that PC Caparra was pulling these youth from the pod albeit without having to document her so called "counseling sessions." SEVEN Moreover, on June 27, 2016 Probation Manager Robert Young sent PC Caparra an email directing her not to be ilone with I or any ither minor in unauthorized areas (Attachment # 40). Yet, she chose to ignore the directive and continued her clandestine relationships with these minors. ;F,:ii*ïåå",::;i:f,ï,liïff i:1t15;ËtÇ,i:[o'i"îHiiî?,åiJä (attachment#21). Additionatty,f ff :î."i,1[J"lixt,lnx¡ffi f J'i:ff :å"i:ïñ::,îiiff "î,i:ï:,i5 contacts name came up in an interviewwith DPOVento, statement. Due to a lack of evidentiary support, this investigator could not sustain a finding in where PC Ad d ition a rv, ct *ìtn co u,d not be I : I?J :tr:ffi ?ji:i;lîr'"':î:iff *:i :*o' r I Therefore, this allegation and the associated policy violation in regard are: Sustained f r toI r I,I I and Vlll. Probation DepartmentJuvenile Ranches Procedures Manual - Part 02 - Section 02.03 (l) (10) Guidelines for Conduct of Staff "We are a role models to the youth we serve. Staff shall ensure by their dress, language, and behavior that they render a positive influence. Staff shall not develop social relationships with youth once they have been released from custody absent special permission from Management." Vll. Probation Department Juvenile Ranches Procedures Manual - Part 01 - Section 01.04 (lV) (3) (c) Responsibilities of Probation Department Employees "Professional and personal activities must be free of improper influence or the appearance of improper influence. lnappropriate conduct includes, but is not limited to: Engaging in improper relationships with clients and/or their families." 4. Did PC Caparra violate The Role of The Probation Counselor? Vlll. Probation Department Juvenile Ranches Procedures Manual - Part 02 - Section 02.08 The Role of the Probation Counselor . (Vll) (G) (4) "Because texting creates a record, if communicating job details with co-workers in this manner, youth must not be specifically referred to unless necessary and then by initials only. Therefore, no specific physical characteristics or other identifiers should be used to refer to youth nor to the facility. . (Vll) (G) (7) "Staff are not to discuss confidential information within the hearing distance of youth or other non-authorized persons. Ëåïj;fJå'"iï[E:Í,iff Ts::Håïffi trfi #åï:';"îîåî,"oHJi'i?iåt%î,il work. Also a clear violation of this policy (attachment #45). Therefore, this allegation and the associated policy violation in regard to are: Sustained I"ndl Vlll. Probation Department Juvenile Ranches Procedures Manual - Part 02 - Section 02.08The Role of The Probation Gounselor . . (Vll) (G) (4) "Because texting creates a record, if communicating job details with co-workers in this manner, youth must not be specifically referred to unless necessary and then by initials only. Therefore, no specific physical characteristics or other identifiers should be used to refer to youth nor to the facility." (Vll) (G) (7) "Staff are not to discuss confidential information within the hearing distance of youth or other non-authorized persons." Teves, Diana \rom: Hardy, Jermaine Tuesday, September 06, 20L6 2:L5 PM Teves, Diana; Chu, Emi; Powell, Gregory Garnette, Laura; Stevens, Cheryl Re: PC Tricia Caparra's Admin. Leave T. Caparra Admin. Leave Letter 9.6.2016.final.pdf; Incident Notificatíon 9.4.20L6.docx; SPC Major Incídent Memo sepl-6.docx t Sent: To: Cc: Subject: Attachments: Hello, Effective September 6,20L6, at approximately 8:00 am, Ms. Caparra was placed on paid administratíve leave pending the outcome of an investigation. The Sheriffs case number is L6-248-031LG. Probation Manager Robert Young went over the attached Administrative Leave letter and requírements. He also offered EAP services, which she stated she intended to use after mentioning she does not have a strong support system. He subsequently gave her EAP's number ln addition, her new contact number I wíll forward the Adminístrative Leave letter to her union rep. separately. Lastly, I have attached the lncident Notification report sent to the County and the Supervising Probatíon Counselor memo for everyone's' convenience. irIID. Thanks, Jemrsine Hordy Ðcpr.¡ty Chief, lnstitulions Division Sqnto Clors County Proboiion Derrorlmcnt ) 108.276.592t :¡t (. !.' 1 >> Hello Mr. Sierra, >> I iust wanted to briefly follow up on what we discussed eorlier. I catted CPS and made o report i:il'm"1"#:tr::åi'J1:^:':;::i:,-;!:1,ï.ii;Å:!;:ry':#:l;"í'{å," report this incident. I remínded him of confidentiality laws ond PREA. upon hearíng thís he asked me not to and was upset thot I would be informing the supervisors here at the Ranch about the situation. What I reported to CPS is as follows: >>ThotminoQreportedtomethathehadbeensexuallyintímatewithoprabation counselor from the Ranch (Coparra). He stoted he had been communicoting with her via snapchat and was gett¡ng nude photos from thot when he asked her for money ond she wouldn't give it to him she "blocked" hím from everything and has not been in contact with him since. " her.Jsaid Gounty of Santa Clara Memorandum ì ïo: MichaelClarke, Probation Manager From: Edwín Sierra, WOOC Supervisor - Date: September 4,2016 James Ranch Subject: Major lncident - James Ranch On September, 4,2OL6, at approxímately 1130 A.M minor stated he had inapprop reported to me pictures phone sent by PC rra on Caparra. tolUfthat I would contact the Ranch Manager for guidance in this matter. I was unable to -had speakwíthProbationManagerClarkeanddecidedtocontactSPCLychakbefore}ftworkat1 I P.M.sPcLychakadvisedmetohav[ontactCPS,andtodocumenttheinciclãntandprovideit to me (ASPC Sierra). linformeCoftheneedforthereRortfemaitedmeherreportoftheincidentwith minorfllnd information regarding tìffitacting Child Protective Services.lltated tomethatshehadspokentoandadvisedheroftheincident. ntacted this UO when she arríved on ranch and stated ihe had notified SPC redia of the incide she wou ng to as to I conduct in all instances where she saw PC Caparra counseling mí IF rvance of "tD fronevas The report forwarded to Probation Manager M. Clarke and DPC J. Hardy via email. I informedJr-tthat discuss this confidential matter the matter would be looked into and that we ask that they not people with who have do not have a need to know. The following is a copy of the email L--O rig i n a I M essag e--- >> Sent: Sunday, September >> To: Edwin >> Subject: Report from absent social relationships wíth youth once they have been released from custody special permission from Management'" - Part 02 - Section lX. Probation DePartme nt Juvenile Ranches Procedures M anual uct of Staff- Sustai ines for 02.08 (v) (G) (7) -Gu Not Sustained .Staff are not to discuss confidential information within the hearing distance of youth or other non-autho rized Persons." - Part 02 - Section X. Probation DePartme nt Juvenile Ranches Procedures Manua for Conduct of Staff' Sustained Guide 02.08 (vll) (G) 4 in this "Because texting creates a record, if communicating jo b details with co-workers initials bY and then manner, youth must not be sPecifica lly referred to unless necessary should be used identifiers other or only. Therefore, no specific physical characteristics to refer to Youth nor to the facilitY. " -j a. -- - --4- - Gounty of Santa Clara Probation Departrnent Juvenile Division 840 Guadalupe Parkway San Jose, California 95110 '-',.'-:.. -_ Admin istrative Offices .sr 840 Guadalupe Parkway San Jose, Califomia 95110 . i. .ì1o1.""¡. Laura Garnette Chief Probation Officer September 6, 2016 Hand DelÍvered Tricia Capana 5483 Soquel Drive Soquel CA 59073 Subject Administrative Leave Dear Ms. Caparra: Effective September 6, 2016, you are placed on paid administrative leave pendíng the outcome of an investigation This status willcontinue until further notice. During the course of this investigation, your employment status will be as follows: 1. During this leave, your wor( schedule will be Monday through Friday, 8:0b a,m. to 5:00 p.m. You are instructed and expected to be available by telephone and/or to meet during these work hours, except the holiday(s). 2. You will remain away from the Department premises and worksites and will return only with permíssion or instruction to do so by me. 3. You will turn in your Gounty identification badge, the Peace Officer ldentification chrome badge, and any County issued keys, pager, or cell phone. lr 4. You willcall to check in with me at (408) 278-585a$pach and every work day between the hours of 8:00 a.m. and 8:30 a.m., exceptthe holidälfd -r You are further directed to refrain from discussing the pending investigation with anyone other than your representative. This prohibition includes any pest or present employees and clients of the Department. Thís directive includes all questions asked and answers given during the investigation. Failure to follow the directives as outlined willjeopardize your paid status. lf you should have any questions regarding this matter, you are to contact me immediately at (408) 27S-5854. Sincerelv. ¡dzt ùrtw,r g Robert Youn Probation Manager c: f Jermaine Hardy, Deputy Chief Probation Officer Diana Teves, lnternal Affairs Manager EmiChu, Act¡ng Probation HR Manager - Gregory Powell, Principal Labor Relations Representative JoelGrabscheid, SEIU 521 PCSU Representative Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Ken Yeager, Joseph Simitian County Executive: Jeffrey V. Smith L Tç x .--Z'*,*t fLt