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HomeMy WebLinkAboutCitizen Review Board - Minutes (Subcommittee) - 02/18/2000Fort Collins Citizen Review Board Minutes Review Subcommittee Meeting For Case IA#99-50 Friday, 2-18-00, 7:00 p.m. Human Resources Conference Room, 200 W. Mountain Present: Maria Martinez (Chair), Brian Carroll, Becky Richardson, Rick Aulino (Alternate) Others: Lt. Hal Dean (Police Services), Greg Tempel (Asst. City Attorney), Leroy Gomez, Jess Aragon, Cindi Rubiano, Jordan Rubiano, Timy Gonzalez, Olivia Abeyta-Gonzalez, Norberto Valdez, Becky Bullard, Matt Benson (Coloradoan) Agenda: ' • Listen to public input and comments • Go into executive session to discuss the case r • Come out of executive session and vote (if needed) The meeting was called to order at 7:06 p.m. The first item of business was public discussion. Members of the public took turns addressing the board. Cindi spoke first. She said that she requested to speak to the CRB about her complaint, but we never got in touch with her. Her question was how is it determined who the CRB will talk to? She said she submitted a written request to Sgt. Gonzalez. Rick answered that the CRB never denies anyone the opportunity to speak with either the board or any of the subcommittees. In fact, CRB welcomes public input. Rick also replied that the CRB neither heard about nor saw the written request from Cindi. Jess talked next. Jess said that he was told that he could not speak to the board and additionally that he was not told who the board members were. Jess asked what information does the CRB get from the interviews conducted by Sgt. Gonzalez? Rick answered that the board sees the same summaries that go to the rest of the investigators and that the board has the option of listening to the tapes of the interviews if they choose to do so. Jess then said that if the witnesses do not know who or what is said to the CRB, how do the witnesses know how accurate the statements are? The CRB answered that the witness can get a copy of Sgt. Gonzalez' summary and read it for themselves. Timy addressed the CRB next. He had a statement to read that included his version of what happened during the incident and throughout this whole ordeal. He apologized for not having everything in order but he just captured his thoughts before this meeting. Timy is a full time CSU journalist student and employed by both Lucent and the Rocky Mountain Collegian as a photographer. He has little time to spend on this problem. He feels that a racist act was committed against him and it was completely humiliating. At the time of the incident, Timy was carrying a lot of photographic equipment, including 2 cameras, a tripod and a heavy bag. Another Collegian reporter was present and carrying another one of Timy's bags. Timy asked the officer if he could take a picture from a "forbidden area", and the officer didn't hear him. Timy needed to take the best picture and something interesting Was happening on the roof. Timy crossed the Police tape to take some photos. Timy said, "I know I'm not supposed to be there, but [the officer] didn't come to me." Timy said the officer asked, "Who are you with?" Timy replied, "I'm with the Collegian." Timy said the officer then said, "Get out." Timy then drew the following picture on the whiteboard: .J, .- Building ? Police Building G I Tree Tape 'ath A T Path B Timy explained the picture. He said Building G was on fire (as indicated by the little waves in the lower right corner). There was police tape stretching from the upper building to building G (as indicated by the two dashed lines). Timy did not know which building the upper building was. There was a tree in between the police tape. Timy was standing at the spot indicated by'the person. Timy wanted to take path A (indicated by the large gray arrow). But the officer made him take path B, the thinner black arrows. Timy had to go all around building ?. After running around the building, Timy saw the officer let d white reporters walk under the tape to go to the area where Timy was now standing. Timy shragged at the officer from about 20 feet away. Timy said that the officer just smiled and turned away. Nick came running around building ? and said, "I'm sorry." Nick wrote an article in the Collegian about the incident and Timy was surprised about Nick's article. Timy first heard about the article from a friend after the article was already published. 71my felt that Sgt. Gonzalez tried to offer excuses as to why Timy was treated the way he was that night. Among the items Timy said Sgt. Gonzalez told him were, "Why didn't you have an ID ", "Maybe he was trying to protect you." and "The officer might have thought you were a pyromaniac." Timy met Leroy after the article was published. Timy then went to Equador to cover a volcano (for about 21h weeks). Timy was confused, which is why he didn't file a complaint earlier. Timy said he has no interest in suing anyone, but he wants an apology. Timy had a 2-hour interview with Sgt. Gonzalez, but Sgt. Gonzalez said the tape recorder was brokcn. So Timy had another 4-�h hour interview with Sgt. Gonzalez. Timy said that Sgt. Gonzalez put Timy on the offensive, treating him as if Timy was the accused. Sgt. Gonzalez said he knew the officer after 18 years. Timy said that Sgt. Gonzalez told him that Nick Olsen said he (meaning Nick) lied and embellished the article. Timy talked to Nick who then said that he (meaning Nick) wrote the article in his own style and that embellished does not mean he lied. Timy said that Sgt. Gonzalez tried to turn Timy's wife and witnesses against each other to protect Sgt. Gonzalez' friend. Timy expected an interview, not an interrogation. Timy said that Sgt; Gonzalez claimed that the protest in front of Police Services was because of his case. Timy also said that Sgt. Gonzalez said, "I saw you [at the protest], that will be in the transcript." Timy wants the CRB to listen to his entire 4-�h hour interview for themselves. Timy said that Sgt. Gonzalez asked him 4 times if Timy thought he was oversensitive. Also, if the officer at the scene thought Timy was a pyromaniac, that officer should have arrested Timy right there. Timy said during the interview that when he pointed out that CNN, Channel 9News and others did not have any press badges on them, Sgt. Gonzalez changed the subject. Timy said that Sgt. Gonzalez then asked if the officer recognized the other reporters. Timy said he replied that this is still discrimination, that he should not be treated differently just because the officer didn't know Timy and the officer might have known the other reporters. Timy then said that Sgt. Gonzalez didn't say if•he (meaning Sgt. Gonzalez) interviewed Timy's third witness. Timy said there are two types of racist. The one that says he's a racist and the one that says he is not a racist. The second one is what Timy calls an unconscious racist. If an officer is found to be a racist (the first type), that officer should be removed from the force. If an officer is found to be an unconscious racist, that officer still needs to be punished. Timy once again requested that the CRB listen to the totality of the tapes and he hopes that the CRB isn't just there forpublic relations. Then Norberto spoke. He said that it seems obvious that there is a lack of clarity of procedures for the CRB. He made two points to support this: 4% alp How the CRB is being informed. • Procedures that Sgt. Gonzalez is employing. Norberto questioned what Sgt. Gonzalez is up to. Norberto said that Sgt. Gonzalez is not there to help the CRB, but is there to protect the Police Department. Norberto said that Sgt. Gonzalez is intimidating witnesses, putting words in the witness' mouths and is questioning the witness' integrity. Norberto said that the CRB needs some degree of independence from the Police, the City Council and the Mayor. Norberto then concluded with saying that crimes have been committed by the Police during this investigation. Brian then replied that the CRB is bound by the Fort Collins Municipal Code. That the CRB is only able to comment on the accuracy and sufficiency of the Internal Affairs investigation. Brian made a motion to enter executive session. Becky seconded. The motion passed 3-0. The subcommittee went into executive session at 8:20. L The subcommittee left executive session at 8:45. Brian made a motion that the subcommittee return the investigation back to Internal Affairs for the following: • Get the summary statements affirmed that the contents are true and accurate and that nothing salient was omitted. • Full transcripts of pertinent interviews be provided to the subcommittee. • Have all of the tapes brought to the subcommittee meeting. Becky seconded the motion. The motion passed 3-0. Timy then gave us a notarized statement from one of the witnesses. This statement was copied (in front of a CRB member) and passed out to each subcommittee member. There followed some discussion on how the CRB could make sure that the witness statements where made of their own free will. The discussion centered on how we should do this. Another question on the form was brought up, with the CRB favoring the words "no intimidation or harassment." Timy wanted the words "were you fairly treated" to be a part of this second question the board thought that "fairly treated" was too broad and did not have quite the intention they wanted from the question. Brian made motion to modify the form that was going to the witnesses. This form would babe two clauses. The first clause would contain the questions listed in the previous motiop(tontents true, etc.) along with a statement asking if there is anything else the witness would like to add to this summary. The second clause would ask the witness if they felt intimidated or harassed into given this statement. Becky seconded and this motion carried 3-0. Olivia had one last question. She asked why we were discussing Timy's part of case in the public portion of the meeting, but the officer's part of the case was discussed in executive session. Rick replied that this was not the case. Timy was the one who came to the CRB and discussed his part of the case in the public portion. All the CRB did was answer direct questions about the case from Timy and the other members of the public during the public portion of the meeting. All discussions that the CRB did have amongst themselves about the case (including both Timy's part and the officer's part) was done in executive session. Brian made a motion to adjourn. Becky seconded the motion. The motion passed 3- 0. The meeting adjourned at 9:20.