Law Enforcement Specialist Expert Witness

Expert Witness No.1384

California

Consultant

Special Consultant, California Department of Corrections (C.D.C.), Deadly Force Review Board. Due to substantial, wide spread problems existing within the agency, this independent Board was established by the Director of the C.D.C.  Its purpose is to conduct hearings and review all alleged use of deadly force incidents involving C.D.C. personnel, state-wide, whether on or off duty.  The Board then makes formal findings as to the propriety of the alleged conduct; and when appropriate, makes recommendations regarding alteration of existing, or creation of new Agency policies and practices to deal with such incidents or situations.

Consultant and Expert Witness, providing consultations and expert opinions in litigation cases involving the actions, practices and procedures of law enforcement agencies and personnel.  Areas of experience and expertise include: Law Enforcement Policies/Practices/Procedures; Use of Force; Deadly Force, including avoidance and alternatives; Search and Seizure, including probable cause, arrests, issuance and execution of search warrants; Negligent Hiring/Training/Management/Retention; Failure to Protect, duty owed to citizens, witnesses, informants; Prisoners/Inmates, management/control /use of force.

Security consulting services concerning agency/business, personnel, operations and space.

Speaker at training seminars, including the subjects of: Criminal Law and Procedure; Constitutional Law; Use of Force; Civil Liability concerning: individual personnel, management, and agency; and, Interview and Interrogation.

Author of:
Law enforcement guide, a criminal law publication.

An F.B.I. publication used as a textbook for teaching topics to federal, state and local law enforcement.

Professional Status

Juris Doctorate, U.S.F.V. Law School  (1974).
Bar membership: California; U.S.D.C., N.D. of California; and the U.S. Supreme Court.
California Community College Instructor Credential.

Federal Bureau of Investigation   

Supervisory Special Agent / Chief Division Counsel / and Special Assistant U.S. Attorney,
San Francisco Office of the F.B.I.   (1980 to 1999, Retired)

Counsel to the agency in the management and operation of criminal, foreign counter-intelligence and
administrative investigations security of agency operations, personnel, facilities and space;
administrative and personnel matters;and the F.B.I. Emergency Operations Center involving the
management of critical incidents such as large scale arrests and searches, use of SWAT Teams,
multiagency Task Force Operations and natural disasters.

Authorized applications for search and arrest warrants; orders for electronic interceptions; and the implementation of sensitive undercover investigations, which often required establishing and operating a facade business and the drafting of necessary agreements, leases, etc.

Litigated civil, criminal and administrative actions involving the F.B.I. in state and federal courts.  Managed the operation and personnel of the legal department.

Managed the operation and personnel of the Asset Forfeiture Group.  Authorized the seizure and forfeiture of property, which required making a formal finding of probable cause for the seizure, and issing a legal opinion as to the initial detention, arrest and/or search of the possessor of and/or a search of the location where the property was seized.

Authorized applications for search and arrest warrants; orders for electronic interceptions; and the implementation of sensitive undercover investigations, which often required establishing and operating a facade business and the drafting of necessary agreements, leases, etc.

Designed and presented law enforcement related training seminars in California (POST Certified), at various locations in the United States including the F.B.I. Academy, Mexico, American Territories, and Pacific Rim Nations.  Curriculums included: Criminal Law and Procedure; Constitutional Law; Use of Force; Civil Liability concerning: individual personnel, management and agency; Criminal Use of, and Search and Seizure of Computers; Sexual and Racial Harassment; A.D.A.; Interview and Interrogation; Communication; Criminal and Civil Trial Proceedings; and Court Structure.

Special Agent (1975 to 1980, promoted to Supervisory Special Agent / Chief Division Counsel /and Special Assistant U.S. Attorney)

Conducted and managed criminal investigations of violations of federal law, which frequently included the service of search and arrest warrants, and presented case findings to the U.S. Attorney for prosecution.

Representative Matters

Counsel to the extensive multi-agency investigation seeking to locate the thirteen year-old victim who
was reported missing June 12, 1998, while walking her dog near her residence on the Presidio of
Monterey, formerly Fort Ord.  In January of 1999, her body was found near her home, the victim of a
homicide.  The investigation remains open.

Counsel to the nation-wide Unabom Task Force investigation, headquartered in San Francisco.  The
efendant was arrested, indicted and pleaded guilty to all charges of building and using explosive
devices that resulted in three homicides and injury to twenty-three people.

Counsel to the extensive investigation that resulted in the location of the victim (deceased); and the arrest, prosecution and conviction of the defendant, Richard Allen Davis, for murder with special circumstances.
         
Counsel for the F.B.I. in one of the first AIDS related lawsuits, wherein plaintiff, an infected physician who had been performing physicals, required for F.B.I. personnel, sued when defendant learned of his illness and temporarily stopped using his services in order to evaluate any risk of infection.  The trial court ruled in favor of defendant, holding that plaintiff had not sufficiently disclosed the circumstances of his illness, nor of his employing facility’s infection control procedures to allow defendant to reasonably determine the risk, if any; or if plaintiff was handicapped within the meaning of the Rehabilitation Act.  The Ninth Circuit Court of Appeals first affirmed and subsequently, in an unpublished opinion, reversed itself.  

Plaintiffs, members of Earth First, were arrested by the Oakland Police Dept. (O.P.D.) for transporting
an explosive device after it exploded in Plaintiff’s vehicle, injuring both occupants.  Various premises
were searched pursuant to warrants.  The district attorney subsequently declined prosecution.
Plaintiff then sued the O.P.D., the F.B.I. (who had assisted in the investigation) and various
officials, alleging violations of certain constitutional rights.  Following seven amended complaints, in
 April , 2002, a jury trial began in federal court.  On June 11, 2002, the jury found for the Plaintiffs.
Following extended and extensive discussions, the parties reached a settlement agreement
Assisted in the drafting and passage of amendments to both statutes, which became effective January 1, 1995.  As amended, Section 830.8 provides California Peace Officer arrest authority to federal agents under certain conditions.  Section 847 gives greater protection to federal agents from civil liability during the exercise of  830.8.

Assisted in drafting the original statute and subsequent revisions, which became effective January 1, 1989 and January 1, 1996, respectively.  Similar to federal law, the statute provides for court authorized interceptions of wire communications in certain situations.

Prior Employment  

Los Angeles County - Deputy - (1967 to 1975)
California law enforcement officer; routine police work, including a county-wide Los Angeles Arrest Warrant Detail, Court Services and Jail Custody Officer.

Awards / Commendations

Louis Freeh, Director of the F.B.I.
William Sessions, former Director of the F.B.I.
William Webster, former Director of the F.B.I.
Governments of:  Guam, American Somoa and Palau.

References 

 Available upon request