Friday, July 11, 2014

Sonoma County D.A. Report pgs. 1 to 10

Justice for Andy Lopez Cruz! (d. 2013-10-22; Santa Rosa) [link]
pages 1 through 10 (of 52) from the Sonoma County D.A. Report on Andy Lopez Shooting.
Notes from JB Tucker, investigative journalist, are noted by the yellow square, and are produced below the individual pages. Links to all sections of the complete report at [link].

Note by JB for page 2:
By reason of the Government Code Section 3307, Peace Officers cannot be required to take polygraph examinations, a privilege that does not exist for the FBI, CIA, or any other State of Federal employee.  Their "Methodology" begins as inherently flawed as arbitrarily limited by the Government Code for strictly political reasons.  That the report fails to note such limitation represents a gross disregard of epistemology.

Notes 1 through 6 by JB for page 3:
Because lie detectors cannot be used with peace officer witnesses under the Government Code, the question that need to be asked of no matter who "investigated," HAVE YOU EVER BEEN TESTED ON YOUR ABILITY TO DETECT DECEPTION IN AN INVESTIGATIVE INTDRVIEWS OR INTERROGATIONS?  If so, what were your personal results on the test?  Who administered the test and what were their qualifications?
Without a polygraph of the law enforcement witnesses it is by definition neither thorough, complete nor comprehensive.  Just because the law limits their ability to do this kind of investigation they should not pretend that there are other investigative techniques that could be used and which would have been used by the FBI Office of Professional Responsibility or other federal internal affairs office.
Has he/she been tested on ability to determine deception, as pointed out above?
"...summaries of interviews...."  Were some interviews only summarized and not recorded and/or transcribed?
I don't know of Lewinsky or Fries but I will check them out; Dr. Reese Jones is highly respected and unlikely to be considered a "prosecution whore" or a "defense whore."
Why limit the inquiry to "personnel and training records" and not looking at the records of their entire life histories?  Why not interview his school classmates to see if he has a reputation for racism, poor impulse control or bullying?

Notes 1 and 2 by JB for page 5:
As a member of the MAGNET team did he ever testify as a gang expert in court to get a "gang enhancement" charge or conviction? If so, did they review his testimony?  So-called law enforcement "gang experts" are frequently liars and/or idiots who might technically meet "Frye" standards but could not possibly meet the more stringent "Daubert" standards in a federal court proceeding.
What was his "re-enlistment" code on his DD214?   Honorable Discharge means nothing unless you are eligible for re-enlistment.  Maybe he was but the absence of mentioning this factor may mean that those interpreting his records didn't know what to look for or that they did and overlooked a key point.

Note by JB for page 6:
Then Gelhaus also knows how heavy an AK-47 is.  The AK-47 assault rifle weighs 4.78 kilograms (10.5 pounds) with a loaded magazine.  Did it look to Gelhaus that Andy Lopez was carrying something that weighed 10.5 pounds?

Note by JB for page 8:
Could he possibly carry a 10.5 pound weapon like this?

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