Sgt. Patrick Gonzales

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State laws put police oversight behind a wall of secrecy

Ali Winston

Allegations of police misconduct against individual cops are confidential, according to California law

When there are police shootings – they usually make front page news. Any officer involved in a shooting is usually immediately put on administrative leave, and the police department conducts an investigation. Reporters follow up on these stories, but their access is limited. That’s because five years ago, the California Supreme Court decided to bar the public from seeing misconduct allegations filed with police watchdog agencies. The case was called Copley Press v. San Diego.

I spent the past two years looking at the effect of this ruling and how police departments deal with officers involved in multiple shootings. Yesterday, Colorlines Magazine published my story about the state of police oversight in Oakland – a city where shootings by Oakland and BART police have led to civil unrest. The piece article focuses on the story of one officer involved in four high-profile shootings and other instances of misconduct. His behavior has cost Oakland $3.6 million in settlements – and he is still on the police force.

Yesterday,  I sat down with KALW’s Hana Baba to talk about the findings of my investigation.

(Transcript after the jump)

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CA laws seal off police misconduct, masking Oakland Police violence

Ali Winston

A now-sandblasted mural to Gary King Jr. at 54th Street and Martin Luther King Jr. Way in North Oakland. King Jr. was shot to death by Oakland Police Sgt. Patrick Gonzales on September 20, 2007.

Today, The Informant published a two-year joint investigation with Colorlines, The Nation’s Investigative Fund and UC-Berkeley’s Investigative Reporting Program into California’s laws regarding the confidentiality of police misconduct records and their impact on the Oakland Police Department.

Prior to the California Supreme Court’s 2006 ruling in Copley Press v. Superior Court of San Diego, misconduct complaints filed with independent police watchdog agencies such as Oakland’s Citizens’ Police Review Board were public and contained extensive identifying information for police officers.

Following Copley, police review boards throughout California began redacting the names of officers from complaint records. Police accountability experts say that tracking officers’ allegations of misconduct is crucial to curbing misconduct early in their career. Studies show that officers frequently involved in low-level uses of force have a higher risk of shooting at a suspect.

This investigation focused on officers involved in repeat shootings in the Oakland Police Department. From 2000 to 2010, 16 OPD officers have been involved in more than one shooting, including 11 who are still on the force. Three officers have shot four times, including Sgt. Patrick Gonzales. Sgt. Gonzales has been involved in four shootings over the course of his career. Records from pre-Copley CPRB hearings and lawsuits also allege numerous instances of misconduct by Sgt. Gonzales. The investigation focuses on his career and documents the sort of misconduct allegations that have been deemed confidential information by the Copley Press decision.

An investigation last year into officer-involved shootings in Fresno revealed 29 Fresno Police officers had been involved in shooting incidents, 27 of whom were still on FPD’s roster.

An excerpt from the article is after the jump.

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