Five before Midnight

This site is dedicated to the continuous oversight of the Riverside(CA)Police Department, which was formerly overseen by the state attorney general. This blog will hopefully play that role being free of City Hall's micromanagement.
"The horror of that moment," the King went on, "I shall never, never forget." "You will though," the Queen said, "if you don't make a memorandum of it." --Lewis Carroll

Contact: fivebeforemidnight@yahoo.com

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Location: RiverCity, Inland Empire

Saturday, May 17, 2008

Election 2008: Cybercreeps and conversions

"I consider myself politically astute, not politically involved."



---Riverside Police Department Chief Russ Leach on several different occasions since he was appointed by the city in 2000. In 2008, Leach endorsed one of Riverside's councilman in the county board of supervisor race through his membership in a political organization in California.




My latest "fan" returns to Craigslist. Someone or some folks who've got their knickers in a knot about my blogging on the board of supervisors contest. Here's the latest and probably not the last of his or her postings. Thanks for the tips that have been coming in about the previous three postings that have appeared in the last several days and as the commenter said themselves, were written by two individuals. The scariest thing about this kind of behavior is not knowing who's doing it. The most frustrating thing is when you do. That's what I told a reporter last year who wrote an article for a national political magazine about blogging in Riverside.




You never disappoint Mary! Thanks! I'm still not who you think I am in your world of who is or who is not . . . . never spoke with you (narrows the pot down I guess). (Sorry for previous syntax error - I just can't help myself). I looked it up - it mostly pertains to computer errors or in the alternative - parenthesis errors. Guilty, I guess. But, run on sentences trumps that (you win) or sentences that perhaps you stopped in mid-stream with another thought and was careless. I know you try to make sense, it's just a little thing called proof-reading!

I heard that you even talk to yourself - often. I heard you wear "shades" in the elevator at City Hall - you know where the sun don't shine! Unless you have a eye condition, I don't "get" the purpose of the shades (and the plugged in music - or whatever you are listening to). Kind of creepy actually. The talking to yourself I chalked up to "making mental notes" - I've see you do it - in a anti-psychotic meds needing type of way.




I heard some things about you too especially in the past 24 hours. Did you have a good weekend?

No offense, but I've known your identity for a while now because as one city employee told me, some people write the way they talk. What I've learned to do is to stick to my gut feelings and not what people tell me about who you and others of your ilk are not. Life's much more simpler that way as I have found that people's agendas on these issues run counter to mine which is to stay safe from creeps like you even while blogging and speaking out on issues that draw you and your ilk from beneath your rocks.

I think writing anonymous postings like yours are pretty creepy too but whatever gets you off, because something obviously has to do that job. Some people might see it as an indicator of your mental health but it's not that simple. Cowardly and sleazy behavior like yours isn't a mental illness, although it does indicate at the very least sociopathic behavioral patterns.

Oh and when no one watches, I love to boogie in elevators too! Usually to Pat Benatar and other great women rockers. Though the city's elevators don't have the right acoustics for belting out Benatar and doing her justice. Maybe that's something that can be fixed during the next renovation of City Hall in a couple of years.

You stick to creepin' and I'll stick to blogging. Just keep getting your knickers in a knot and doing your little circle jerks in front of your friends because that's all you are capable of doing. It's kind of like watching a guy on the street pull his penis out, ejaculate and yell, "look at me". And that's not my analogy by the way though it does fit. I heard that one this morning.


I had some friends ask me what it's like to be politically active and blog in Riverside even when reading garbage like that which has been written on Craigslist mostly because I stopped allowing it to be written here. Well, this latest example is exhibit kazillion and one.

This is part of what it's like, which is why many people who read my blog don't speak out themselves or get actively involved because they are afraid that people like these who aren't mentally ill like people might think, just people who get off on trying to intimidate and scare their critics, will do this to them. But there are positive aspects too from people who enjoy reading this blog and find it informative.

Still, it can be creepy at times.

Because that person in the elevator with you might be a slimy creep, that email that was sent to harass you might trace back to the city's computer and you might have someone watching you or for all you know following you ready to broadcast what you are wearing and where you are walking. Just to get off on saying, look I'm an asshole but there's that uppity bitch out there feeling unsafe, looking around to see if she's being followed or watched by someone she knows or doesn't know and doesn't that make me a big man! If that sounds graphic, I've been given some insight on what makes a cyberharasser or cyberbully and this is a pretty close description to what some experts have told me is running through their heads.

People read the crap that I've been posting here from Craigslist like the comment above and some of them think about what this city used to be like. It's just too bad there's no cure or even medical treatment for sociopathic disorder. But commentary like the one posted above is primarily a symptom of a much larger problem with this city.





I've been thinking about taking my recent commenter's advice getting some runes and trying to figure out who will perform at what level during the upcoming elections from the federal arena to the local levels. But as I keep writing about the elections, he or she is likely to get nasty but it's not like that's not happened before. At any rate, it's all about trying to stop someone from blogging about their political candidate of choice and as difficult as it might be at times, all these anonymous and cowardly comments show is how important it is to keep doing just that. These are unfortunate litmus tests about the relevence of a topic and the supervisor's race is obviously a controversial one, more so than I had thought.


And then there's the city council election in Loma Linda where seven individuals are battling over three spots.



The campaigns for the hotly contested District One spot in the Riverside County Board of Supervisor race and challenger Frank Schiavone, councilman of the fourth ward, has got the Riverside city employee vote pretty much sewn up. At least two city unions have endorsed his candidacy an now it appears that this number includes city employees who head the police and fire departments as well. At least that's what appears to have been said in a political advertisement for Schiavone that's played on local radio stations including 99.9 FM.


Chief Russ Leach of the Riverside Police Department or someone who sounds a lot like him was on the radio this week doing radio ads for one of his employers, Riverside Councilman Frank Schiavone in the Board of Supervisor contest. On it, Leach voiced his support of Schiavone's candidacy on behalf of several law enforcement unions including those of police, fire and sheriffs (though it's not clear whether or not that includes Sheriff Stan Sniff) and then joined in with them. He also said that the Riverside Police Officers' Association, fire fighters, Fire Chief Tedd Laycock and "the entire law enforcement community" joined in their support of Schiavone's candidacy.

Another police department employee had voiced a similar message last week on a computer generated phone message and as Leach did by radio, this employee challenged an allegation that Schiavone had ordered the Riverside Police Department to accept ID cards from undocumented immigrants issued by the Mexican consulate. This allegation appeared on several campaign brochures issued by Buster's campaign and the source quoted was from a Los Angeles Times article published on July 23, 2003.

If the police department in both instances had been correcting misinformation about its actions or words put out by a political campaign, then doing so promptly and through venues that effectively communicate that to the public is the smart thing to do and it's also the necessary action to take. And one hopes that the police department has issued a press release to the media including the Times correcting this misinformation so that more individuals can be aware that this has been done. Hopefully, these actions were also taken as quickly as those involving getting the word out through Schiavone's political campaign announcements.

Hopefully, Leach has also had his public information office help him write an op-ed piece to put out there also as a means to more effectively correct any misinformation and clear up any remaining confusion about exactly what the police department has said or not said, done or not done involving the ID card issue which erupted during a city council campaign last year but not as much of a response from the police department as it has done now in this case.

If the information is indeed incorrect, then hopefully by taking these and other steps, the issue can be clarified for the public and not just the voters in a manner where few misunderstand it. In fact, there's no need to even mention it after the fact, because certainly all this has been done already and the political announcements made on behalf of Schiavone's campaign are just a small part of the overall effort to get the message out.


But that's not what these advertisements were about at least primarily. They were about throwing the support of the "entire law enforcement community" behind a political candidate who also happens to be further up the food chain that this law enforcement agency and its employees reside on whether those employees are being "good" or not. Because there are employees at least in the police department who have an active claim against the city and the claim made allegations against several city council members including Schiavone. So if they chose not to endorse him or even vote for him, does this make them not included in the definition of the "entire law enforcement community"? But what is law enforcement about but conforming, out of necessity and survival and if you don't, are you still included in the definition of community?


It's a turn of events for Leach who's been quoted often as calling himself "politically astute, not politically involved" and it's that insight and observation about his position in the order of things in Riverside that's been admirable and admired by different people who recognize that a police chief of an agency can't be completely untouched by politics but can choose not to involve himself in political matters. That's the best place for a chief of a law enforcement agency to be and that's the best position in a political contest. It also provides communities to have confidence that the allegiance of a police chief to his position is outside any political dramas that have troubled other police chiefs and sheriffs (a position which can't avoid being politically nearly as easy due to its design) in different and difficult situations. People wonder and some have asked since the advertisements began airing on the radio if the impression being sent is that the police chief is the arm of a specific city council member? The answer may seem obvious but it doesn't matter as much as it should because the impression which is sent is already quite strong. Leach's motto about remaining politically astute was obviously one born of similar observations during his remarkable career in the profession.

But what was a motto which allegedly had served Leach well in the past, is not what is lived by now, because not only has Leach endorsed one of the city council members on the body who can play a role in his career as chief including its longevity for political office, but he's endorsing on behalf of the entire law enforcement community much as another high-ranking employee of the department has done in a taped phone advertisement during the past couple of weeks. The seat for grabs of course, being the county board of supervisor contest for District One. This creates a disconcerting sentiment because law enforcement agencies especially their managements are always riding a tightrope between being touched by politics and trying to remain free of them at the same time in order to fulfill the mission that the agencies are encharged with by all the city residents. This includes any political candidates and their families who live within the jurisdiction served by these law enforcement agencies.

That tightrope gets more taut when the subject of political endorsement arises.


It's not unprecedented for a police chief to endorse a resident of the city policed by their department, for a political endorsement although many endorsements given by chiefs are done through political associations they belong to or by those individuals who are retired chiefs. And in fact, Leach mentioned his membership in the California Police Chiefs' Association as the venue in which his support for Schiavone was coming from so that it didn't at least appear to be an individualized endorsement of a city employee and department head of someone who employs the man who employs him. He identified himself as a member of that organization rather than speaking on behalf of an endorsement the CPCA had given to Schiavone and police chief associations like other labor interest groups tend to endorse through processes involving political action committees. For example, the 2008 endorsements made by the CPCA are listed here. If this organization has formally endorsed Schiavone for supervisor, it hasn't updated its endorsement list yet.

Police labor unions that include as members those in rank and file positions and/or entry level supervisors most often through political action committees traditionally endorse candidates in various political contests. That's the case of several such law enforcement associations representing employees in several local law enforcement agencies though whether or not the majority or even a large number of union members actually agree with the endorsements or cast votes that way probably differs from union to union based on their endorsement selection guidelines.

But endorsements and the process of giving them get trickier the higher up on the ladder you climb. Especially when the person being endorsed is in a sense sitting on a board that serves as the highest level of employer in the city that oversees the law enforcement agency in question. It's also trickier in this case and potentially problematic because of the already mentioned litigation initiated at the claim level by two police officers.


And what of the two law enforcement officers both from middle management in the police department who have filed a claim for damages against the city which specifically names Schiavone as a responsible party both individually and as a trusted city official who is part of the governing body of Riverside? With an allegation like that being made, it's critical for a police chief to remain separate of the city's political leaders especially during an ongoing political campaign for any elected position. Because if a police chief is publicly endorsing a political candidate named in a claim (which may lead to a lawsuit after it's rubber stamped, denied by the city attorney's office). If there is merit to the claim filed by lieutenants, Darryl Hurt and Tim Bacon, this action without intending to, could mean a higher payout down its road, once politics becomes tied into a process where allegations have already been made that politics and policing decisions have merged.

As for what really happened and what the outcome of the presentation of evidence should be, that might be left up for a jury to decide although it's not likely to see one. although if the city fails to get any resultant lawsuit tossed out on demurrer or summary judgment, it will settle it for whatever price it needs to cause it to go away. It's highly doubtful there will be a trial in front of a judge or jurors in this case. But Leach's support for Schiavone in his political campaign whether under the guise of his membership in the CPCA or not, would be a motivating factor for going forward with any claim, because by appearances, it doesn't do anything to discourage the concern of whether or not politics and policing have crossed paths which is the opposite of what is needed. Meaning that if there are allegations made by any city employee through a claim or lawsuit that a councilman told a police officer to distance himself from two others or else he might not help his chances of getting promoted, then care should be taken that the councilman and the police chief who's assigned the task of promotions aren't seen as politically aligned where one is assisting the other in a campaign. It doesn't seem like a prudent choice.


Often perceptions alone can define what's included in deliberations by jurors while they sift through factual evidence and try to figure out what story it tells.

Leach also did mention in the radio advertisement that Schiavone was the only candidate in the two-candidate race who was so concerned about the "illegal aliens" that he met with Leach and federal officials yet he doesn't explain further under what capacity this meeting took place. Was it called by Schiavone the councilman who invited the head of his city's law enforcement agency or was it called by Schiavone the candidate who was concerned about the "illegal aliens" and called upon the police department to discuss the issue. And is it as relevent for a candidate for supervisor to meet with a city law enforcement agency within the county rather than the county's own law enforcement agency? That would be like Buster saying that he's the only one who met with the sheriff of Riverside County and the same questions about the context of any meeting would also have to be addressed as in the situation with Schiavone and Leach.

Leach's involvement in Schiavone's campaign also creates a conflict of interest in my situation of keeping myself safe. After all, if these anonymous rantings are by a Schiavone supporter and they fall under the realm of cyberstalking which is illegal, who would call a police department for help where a police chief has just pledged the support of the entire department into Schiavone's camp? If it gets bad enough where I feel unsafe again, I'll skip Riverside and call the FBI because as far as I know that agency's not endorsing a political candidate in this city for election.

There's a reason why many police chiefs opt not to endorse individually whether it's through an organization (which itself hasn't announced an endorsement in a Riverside County race) or at all until they are retired from their positions. And that reason is to maintain independence, or as Leach used to say himself, "political astuteness but not political involvement" . Good words to live by if you embrace them that is.


So what of the subject of favor now, immigration and its sudden eruption in the minds of those running for office and their supporters?



What's interesting is that for all this sudden interest in "illegal aliens" by the city of Riverside, there's not been much public discourse at meetings held in public about this serious problem, including that involving whether or not the Riverside Police Department was asked, coerced, ordered, forced or otherwise persuaded to accept ID cards issued by the Mexican consulate. Except for an agenda item which was presented by Mayor Ron Loveridge, reviewed and then removed by action (though not an official vote) at a meeting held on July 22, 2003.

The only time this issue arose in more recent history was during the political campaign of current Ward Five Councilman Chris MacArthur made the issue of illegal immigration the cornerstone of his campaign including allegations he made against his rival, Donna Doty-Michalka who was endorsed by many law enforcement members including the Riverside Police Officers' Association which responded with the rebuttal that immigration was a "federal issue" and criticism of MacArthur's tactics against their endorsed candidate, Michalka. MacArthur did get elected to the city council so maybe some political candidates are thinking that it's the road to take for them.



The main concerns that I had heard from Leach at meetings about undocumented immigrants was concern that they weren't reporting crimes where they were victims or witnesses to the police department due to their status. The Press Enterprise did an article not too long ago about the police department's sensitive handling of a domestic violence case where the woman who was the victim was an undocumented immigrant.

At least it was during last year's election. This year? It's suddenly this great concern. Actually, no it's not. One candidate raises it and then the other one has to counter it to show that he's not at a disadvantage. Only time will tell where that will go.




If you've ever wondered who that man is that takes pictures at city council meetings and other events, it is Michael J. Elderman and last Tuesday, he received a long overdue award.



Here's the latest report from the Riverside Police Department to the Public Safety Committee on the progress of its crisis mental health training and intervention program. The report stated that the majority of the police officers have taken the 30-hour training course and the response among those who have taken it is extremely positive.





Included in the report is a letter sent to the department complimenting Officer David Bartlone, a graduate of the course.



Did you know Riverside once had its own official flycatcher?
Read about the history of that profession here.



DHL might be keeping residents up at night in parts of Riverside but it's also missing something one of its competitors, UPS has and that's a race horse named after it. And this weekend, Big Brown blew his competitors away at the top of the stretch and won the second jewel of the triple crown. If you can watch an aerial shot of the horses coming off the far turn into the stretch, you will see something that's rarely seen, which is a horse opening up eight lengths in just a few strides.




An angry crowd confronted police officers after a fatal officer-involved shooting of a man who was "behaving erratically" in Long Beach. That's not much different than what happened in the seconds after a Riverside Police Department officer shot and killed Lee Deante Brown in the Eastside in April 2006. The shooting in Long Beach is under investigation. The shooting in Riverside has a lawsuit that was scheduled to settle in April but no announcement has been made yet.


Will more from the state's budget come out from the legislation or its treasurer, Bill Lockyer? Stay tuned.





The Los Angeles Times investigates whether red-light cameras save lives or mostly serve as revenue raisers for the city's coffers.

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