CITY OF SANTA MONICA INTERDEPARTMENTAL COMMUNICATION May 10, 2011 TO: FROM: ROD GOULD, CITY MANAGER TIMOTHY J. JACKMAN, CHIEF OF POLICE SUBJECT: OFFICE OF INDEPENDENT REVIEW RECOMMENDATIONS Since my initial response to the Office of Independent Review (OIR) report on February 24, 2011, the Santa Monica Police Department has completed exhaustive nationwide research involving law enforcement experts from a variety of criminal justice disciplines. This document will describe those efforts, our subsequent findings, steps the Department has taken as a result of the productive process and my continued commitment to implementing the seven recommendations. The OIR Group s report concerning their review of the Oscar de la Torre child endangerment investigation has presented the Santa Monica Police Department with a unique opportunity to reassess existing investigative standards in order to assure the community that we are adhering to contemporary industry best practices. In order to fully address the OIR report, two Departmental committees were established. An investigative best practices committee consisting of experienced supervisors and detectives of the Criminal Investigation Division (CID) was created. Because basic report writing is usually mastered in the patrol setting, a report writing committee consisting of patrol watch lieutenants, patrol sergeants, and the Resource Development Unit policy officer was also created. Both committees reached out nationwide to interview law enforcement experts. Committee members reviewed detective manuals, report writing guidelines, investigative policies and procedures, training materials, and best investigative practices provided from the following sources: Los Angeles Police Department Los Angeles County Sheriff s Department Los Angeles County District Attorney s Office California Commission on Peace Officers Standards and Training (POST) Long Beach Police Department Torrance Police Department Inglewood Police Department Redondo Beach Police Department Manhattan Beach Police Department
University of California, Los Angeles Police Department Palo Alto Police Department (recommended by the OIR Group) RAND Center for Quality Policing Colorado Springs Police Department (Colorado) Broward County Sheriff s Department (Florida) The committee also examined a variety of textbooks and training materials, including: Robert Presley Institute of Criminal Investigation(ICI), Basic Investigator Course POST (Learning Domain 18 Report Writing) California Peace Officers Legal Sourcebook ICI, Homicide Investigation Practical Homicide Investigation Federal Bureau of Investigation, Death Investigation Training Los Angeles County District Attorney, Investigator s Legal Education Update Practical Aspects of Rape Investigation Behavioral Analysis Training Institute, Interview and Interrogation Police Executive Research Forum (PERF) PERF Senior Management Institute for Police Additionally, the committees used the research portion of this project as an opportunity to attend, review, and asses the following specialized training in an effort to facilitate similar training to the rest of the organization: The UCLA s School of Law Implicit Bias in the Courtroom: Theoretical Problems and Concrete Solutions ICI Detective Training Symposium presented by the Robert Presley Institute of Criminal Investigation Interview and Interrogation, presented by the Behavioral Analysis Training Institute (BATI) As a result of this research, more specific responses to the OIR report concerning each of the seven recommendations. 1. Develop a Detective Manual and train the Department s investigators to comply with the precepts and techniques advocated by the Department. In 2008, the Department joined the majority of other California law enforcement agencies by adopting the Lexipol System to ensure that Departmental policies were in compliance with the latest laws, case decisions, and law enforcement best practices. Chapter Six in both manuals deals specifically with Investigative Operations. In an effort to ensure all investigators are adhering to Lexipol, a standalone Detectives Manual will be created and disseminated to all investigative personnel by October 1, 2011.
2. Emphasize and train investigators on specific techniques including witness interviews. Most detectives and sergeants assigned to CID have received interview and interrogation training from the Behavioral Analysis Training Institute (BATI). BATI is widely considered the best source of this type of training. Investigators who have not attended the training have been identified and are being enrolled in BATI classes. Additionally, a newly designed, POST approved, interview class has been identified. Arrangements have already been made for the Department to host the school, which will provide investigative and field personnel to improve their skills. The first class is expected to be conducted early this summer. Although most agencies reserve advanced interview and interrogation training for investigative personnel, the Department will ensure that every officer, regardless of assignment, receives this training as soon as practicable as part of the Department s ongoing professional development process. 3. Establish a standard report format even for unusual cases and train investigators to use it. CID Detectives and investigators in other units will be trained to document all statements, facts, and evidence collected pursuant to an investigation that either support, or refute, that the elements of a crime exist. The Santa Monica Police Department currently uses the chronological format for documenting criminal investigations that was cited in the OIR report as an example of a standard reporting format. This practice will be reinforced during continued training to all appropriate police department employees and will be completed by October 1, 2011. 4. Develop a Report Writing Manual and emphasize report writing in the Department s training curriculum. Report writing is unquestionably one of the most critical components of good police work and therefore a great deal of training is devoted to it. Training begins in the police academy where recruits are exposed to standardized report writing pursuant to POST Basic Academy Learning Domain #18 (LD18), which is the de facto statewide standard for report writing. Week four of the Department s field training officer (FTO) program is dedicated to police report writing and there is an entire chapter of the FTO manual that addresses reporting procedures. Additionally, the Department subscribes to the California Peace Officers Legal Sourcebook (CPOLS) which is made electronically available to personnel at every Departmental workstation. Chapter 9 of CPOLS covers police reporting, and sections 9.10 and 9.11 specifically address some of the report writing concerns focused on by the OIR Group. The OIR Group recommended the Palo Alto Police Department s Report Writing Manual as an exemplar of a standalone manual.
All of the above references have been researched and a standalone report writing manual has been created in and will be disseminated to all appropriate police employees by October 1, 2011. Both the Detectives Manual above and Report Writing Manual will be living documents and updated as necessary. 5. Consider witness bias and document it. As referenced in recommendation #4, all police employees with investigative responsibilities attend basic, POST approved investigative training. Additionally, the department provides access to ongoing advanced investigative training, to include seminars and training conferences to further enhance their skills in this area. Because most investigations necessarily rely upon witness and victim statements, blocks of instruction at all levels of training are devoted to helping investigators assess how the veracity of information received from witnesses and informants may be skewed by bias or personal motives. As mentioned earlier, some department employees have already attended the UCLA School of Law Implicit Bias in the Courtroom: Theoretical Problems and Concrete Solutions. The information garnered from this course will be included in the department wide training on report writing scheduled to be completed by October 1, 2011. 6. Do not mix the investigator and counseling roles of officers. Investigators are trained not to mix the roles of investigator and counselor and are careful to make clear distinctions between the roles. They are encouraged to use the referral process as a means of keeping the roles separate, and to rely upon Adult Protective Services, the Department of Children and Family Services, the Rape Treatment Center, and others for counseling services. The Department has reinforced this expectation through training and, when appropriate, use of the disciplinary system and will continue to do so. 7. Implement a more robust review process. Currently, general investigations are subject to a rigorous multilevel oversight process. Supervisors review cases prior to assigning them and investigators may only close or suspend cases with supervisory concurrence. Detectives are required to maintain detailed case notes that are entered and tracked via the Incident Crime Information System (ICIS) case management electronic database. Management reports are generated weekly and monthly from the case management database to analyze investigative progress, investigator productivity, and due diligence. These reports are scrutinized by all levels of the chain of command. Search warrants, arrest warrants, and operational plans are reviewed by supervisors prior to service. The OIR Group is correct in its assessment of the need for a more robust review process for cases originating from our Audit and Inspection Unit (AIU). Besides
criminal investigations, AIU functions differently from other units within the department. Due to the multitude of responsibilities that AIU has, we have increased the level of supervision, especially in complex and sensitive cases. We are ensuring a robust review process will be in place by October 1, 2011. Also, in an effort to provide consistent and continued supervision, reorganizational plans contemplate the reassignment of an existing manager to provide a greater level of oversight to the entire unit. In conclusion, I am pleased with the efforts by the Department to reevaluate our investigative practices and the implementation of best practices that have been identified. Finally, I would like to recognize the work of the OIR Group, particularly Mr. Michael Gennaco. I believe this process has further improved the Santa Monica Police Department. TIMOTHY J. JACKMAN Chief of Police