How to resolve AdBlock issue? Appellate court sides with Rivero in appeal over scope of 'Brady' officer legal representation
LAKE COUNTY, Calif. – A state appellate court has ruled that Lake County's outgoing sheriff was entitled to a more extended period of outside legal representation – and, therefore, more attorney's fees – in his effort to dispute the district attorney's decision to place him on a list of officers with credibility issues.
In an unsigned decision issued Friday morning, justices with the First Appellate District Division Three ruled in favor of Sheriff Frank Rivero, who contended that he was entitled to representation coverage beyond District Attorney Don Anderson's decision to place him on the “Brady” list of officers in early 2013.
Starting shortly after Rivero took office in January 2011, Anderson – who also had just taken over district attorney duties – investigated Rivero for having allegedly given conflicting statements to investigators about his actions during a February 2008 incident in which he shot at an unarmed man. The man was not injured.
The lengthy investigation resulted in Anderson placing Rivero on the “Brady list” in February 2013. Anderson’s investigation found that Rivero had lied to investigators about the circumstances of the shooting.
The “Brady list” is named for the 1963 US Supreme Court decision, Brady v. Maryland, which requires the government to release to criminal defendants any potentially exculpatory evidence, including information about the credibility of peace officers involved in their cases.
Days after the Brady ruling, Rivero sought a restraining order against Anderson to block the disclosure of his Brady listing. However, in early March 2013 retired Butte County Superior Court Judge William Lamb denied Rivero's request for the restraining order but allowed him to move forward with seeking a preliminary injunction and writ of mandate.
In May 2013, Lamb would throw out Rivero's case against Anderson, who filed an Anti-SLAPP motion, meant to address “strategic lawsuits against public participation.”
That same month, visiting Mendocino County Judge Richard Henderson offered a clarification of a ruling he made in 2012 in which he had required the Board of Supervisors to hire outside counsel for Rivero because of a conflict of interest in the County Counsel's Office.
In that 2013 ruling, Henderson said it hadn't been his intention to require the county to continue paying for Rivero's legal counsel past the final Brady determination, and he ordered an amended judgment and writ of mandate stating that the independent counsel he had directed the county to hire for Rivero “shall not extend to any post-determination representation or litigation,” as Lake County News has reported.
Two months later, Rivero filed the appeal of Henderson's decision.
The current decision
Rivero's attorney, Paul Coble of the Southern California-based Jones and Mayer law firm, and Thomas Creggar of Cregger & Chalfant LLP, the firm representing the county – which the board is paying for partially through funds it transferred from the sheriff's own accounts in July 2013 – argued and submitted their sides of the case on Dec. 10.
During those oral arguments, Rivero's counsel stated “that there is no longer any pending legal challenge to the district attorney’s decision to designate Rivero as a Brady officer. According to counsel, that legal challenge came to a conclusion at around the same time the trial court issued its amended judgment in this case.”
The appellate decision – rendered by Administrative Presiding Justice William McGuiness and associate justices Stuart Pollak and Peter Siggins – reversed Henderson's amended judgment and writ of mandate.
The justices agreed with Rivero, who had argued that the trial court erred in limiting the scope of the representation to which he was entitled.
“His right to independent counsel should have extended to a legal challenge to the district attorney’s designation of the sheriff as a Brady officer while Rivero served as sheriff,” the opinion said.
The court also agreed with Rivero that “once the court has made the necessary findings supporting the county’s duty to provide independent counsel for the assessor or sheriff, the court generally cannot place limitations on the manner in which independent counsel carries out its representation, except to define the issue or matter that is the subject of the representation.”
The ruling orders the trial court to enter “a new and different judgment providing that Rivero is entitled to a peremptory writ of mandate commanding the board of supervisors to contract with and employ independent counsel” pursuant to California Government Code Section 31000.6.
That code covers circumstances in which a board of supervisors should employ legal legal counsel to assist the assessor or the sheriff in the performance of their duties in any case where the county counsel or the district attorney would have a conflict of interest in offering the sheriff or assess representation.
That independent counsel, the appellate court said, is “to represent Rivero during his tenure as sheriff in challenging the district attorney's announced intention and final decision to identify and list Rivero as a Brady officer. The amended judgment and writ of mandate shall specify that the county's duty pursuant to section 31000.6 extends to reimbursing Rivero for fees and costs incurred by him in employing independent counsel for this purpose while he was serving as sheriff. Rivero shall recover his costs on appeal.”
The decision also states, “For purposes of clarification, although our disposition commands the board of supervisors to employ independent counsel for Rivero, that directive relates back to the judgment originally entered by the trial court. Therefore, the practical effect of our disposition is to require the county to pay for the attorney fees and costs previously incurred by Rivero in employing independent counsel to challenge the district attorney’s Brady officer designation.”
County Counsel Anita Grant told Lake County News on Friday that she didn't know if the county would take further action – such as an appeal of the ruling.
“That is up to the Board of Supervisors,” she said.
Grant also didn't have a full dollar figure for what Rivero's legal fees would cost the county.
The last specific dollar amount that the county was able to offer was just over $70,300 through June 30, 2013.
However, it's expected that the amount has far surpassed that previous figure due to the cost of the appellate process.
“I would expect some sort of itemized billing,” Grant said.
The case won't go before the Board of Supervisors until next month at the earliest, as the board had its last meeting of the year on Tuesday.
By the time the board does make a decision, Rivero will no longer be sheriff.
He was defeated in his bid for a second term in June, with Sheriff-elect Brian Martin to be sworn in on Jan. 6.
Email Elizabeth Larson at
121914 First District Appellate decision on Rivero attorney fees
030413 Lake County District Attorney's Final Report Regarding Sheriff Rivero Brady determination by LakeCoNews
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- Written by: Elizabeth Larson
Lakeport Police Department offers holiday safety tips
LAKEPORT, Calif. – The holidays are rapidly approaching and the Lakeport Police Department is offering the community important safety tips.
Police Chief Brad Rasmussen said traffic safety will be extremely important during this time of year as pedestrian and vehicular traffic increase due to holiday travelers.
In addition to the increase in traffic, inclement weather is likely to continue, resulting in city streets being slippery with limited visibility during heavy rains, Rasmussen said.
He urged community members to take extra care to watch for pedestrians while driving around Lakeport and to remember that pedestrians do have the legal right of way.
The Lakeport Police Department will do its best to enforce this, and all other traffic laws, but will also be counting on the public to be mindful of the risks to drivers and pedestrians alike, Rasmussen said.
In addition to using caution on the roadways, Rasmussen warned of scams.
He said the holidays are a popular time for phone scam predators who wish to take advantage of innocent victims, and advised citizens to be cautious of suspicious callers trying to solicit money.
During this time of year the department typically sees an increase in thefts, Rasmussen said.
As a result, police are asking community members to secure their vehicles when unattended and to remove any personal belongings of value such as purses, wallets and electronic devices.
Additionally, police are asking that city residents secure their residences and property by locking doors and windows before leaving as well as during the nighttime hours.
The Lakeport Police Department advises those who wish to celebrate the holidays with alcohol to please take preventative measures before driving and designate a sober driver for your safety and the safety of others who are sharing the road.
Rasmussen said the Lakeport Police Department team is always happy to hear from the community.
They invite residents to contact them with any questions or concerns.
The department is located at 916 N. Forbes St., telephone 707-263-5491 or
Rasmussen and his department wish the community a great holiday season.
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- Written by: Lake County News reports
Sheriff's Advisory: A winter storm warning, hazardous driving conditions and above normal rainfall is expected through Friday
Lake County, Calif . -- A winter storm warning, hazardous driving conditions and above normal rainfall is expected through Friday.
The Lake County area is subject to a severe weather event over the next three days as a large storm system has the potential to drop large quantities of rain throughout the County.
Increased rain is expected to fall through the overnight hours from Wednesday afternoon through Friday evening with accumulations of up to a 4”-6” in the mountains around the County.
Numerous areas in the County with significant rainfall may result in large accumulation of standing water on the ground and roads.
The increased rainfall will also result in a rapid rise in creeks and streams which can pose an immediate danger to citizens in and around these areas do to their swift currents. This condition may be found throughout the County as the rainfall continues. Maintain a safe distance from these areas with family members and pets.
Lake County Sheriff’s Office strongly urges the public to avoid driving during these conditions and if possible wait until conditions improve and roads can be cleared. As the storm front moves through the County winds increase late Wednesday through Friday afternoon, road surfaces will be slippery and possibly flooded and rainfall could limit visibility.
Those who must drive should use extreme caution. Speeds should be lowered appropriately and a safe distance maintained between vehicles. Motorists are advised to have safety equipment such as flares, flashlights, a cell phone, first aid kit, boots and other extra clothing if they must travel.
With increasing winds and above normal rainfall, those who must go out should wear or have appropriate rain gear; pets should be brought indoors, or at a minimum, kept in a dry outdoor shelter. Pet owners must take care to regularly check the wellness of outdoor pets.
If you are utilizing a generator to operate power to your residence please contact PG&E immediately before using as utilizing these devices can re-energize power lines causing injury or death to responders and utility workers.
The following tips are examples of ways to prevent injury and possible death from the effects of storms, and winter weather in general:
1. Dress appropriately with the proper clothing and raingear. If you go outdoors be aware of slippery conditions. Provide shelter for pets or farm animals.
2. Have a 72-hour household emergency supply kit, including a supply of drinking water and non-perishable foods. Bottled water or water in containers should be stored in case water and other utilities are disrupted.
3. Ensure that flashlights and battery-powered radios are in good working order. Have plenty of batteries. Use of candles and other open-flame light sources is not recommended.
4. Check on neighbors and relatives during winter storms. The elderly are especially susceptible to hypothermia and falls on slippery surfaces.
5. If you lose power or other utilities, do not call 911. Use a customer service number for information.
7. As rainfalls continue, take precautions to keep your storm drains and rain gutter from obstructions. Contact a contractor or hardware dealer for recommendations of the best measures to protect these drains.
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- Written by: LAKE COUNTY NEWS REPORTS
Police seek information on men responsible for Monday armed robbery in Lakeport
LAKEPORT, Calif. – The Lakeport Police Department is asking for the community's help in identifying two male subjects said to have been responsible for an armed robbery on Monday morning.
According to a report from Lt. Jason Ferguson, at approximately 9:36 a.m. Monday Lakeport Police officers responded to the 900 block of 11th Street on the report of a robbery.
Upon arrival officers located the victim, a 27-year-old Hispanic male out of Stockton, who told officers that two white male subjects approached him in the parking lot of CVS at 7:30 a.m.
One of the male subjects, said to be in his 30s and described as being tall, heavy set and wearing a black sweatshirt, grabbed the victim and held a knife to his throat, Ferguson said.
The second subject, described as 20 to 25 years old and smaller than the first man, with a thin build and a scar across his right eyebrow, was wearing a red sweatshirt with the hood up. Ferguson said the second man pat-searched the victim, located his wallet, and took $300 in cash.
Both subjects got into a 1990s model Red Honda car and fled westbound on 11th Street, Ferguson said.
During the course of the investigation Officer Joe Eastham obtained further detailed descriptions of both subjects and completed two composite sketches, which can be seen here.
Ferguson said the Lakeport Police Department is seeking the public’s help in identifying these subjects.
The investigation is ongoing and anyone with information is asked to contact the Lakeport Police Department at 707-263-5491.
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- Written by: Lake County News reports
Police investigate discovery of human remains in Clearlake
CLEARLAKE, Calif. – Clearlake Police detectives are investigating the circumstances surrounding the death of an individual whose remains were found in an isolated and heavily wooded area of the city.
Sgt. Nick Bennett told Lake County News that police do not yet have a positive identity for the individual, pending an autopsy.
Bennett said police were initially notified of the discovery of a human skull at approximately 10:19 p.m. Friday.
He said a resident on the 2700 block of Oleander Street called police to report that he had found a human skull in his yard.
Bennett said Officer Mike Ray responded to the scene and contacted the reporting party. Ray was able to ascertain that the skull appeared to be that of a recently deceased person.
Clearlake Police detectives subsequently were called to the scene and took over the investigation, Bennett said.
The reporting party told police that his dog had probably found the skull nearby and brought it to the residence, according to Bennett.
As the area near where the skull was found is isolated, very wooded with heavy brush, Bennett said he contacted Sgt. Don McPherson of the Lake County Sheriff’s Office and requested assistance from Kelseyville Community Organization for Rescue and Public Service – known as K-Corps – as well as Lake County Search and Rescue in locating the rest of the human remains.
On Saturday at about 8:30 a.m., McPherson – along with Lake County Sheriff's deputies, K-Corps members, Search and Rescue personnel and two canines from the California Rescue Dog Association (CARDA) based out of Contra Costa County met with Clearlake Police detectives to begin searching for the remains, Bennett said. They set up their search center near Pomo School.
Bennett said that at approximately 10:50 a.m. Saturday one of the CARDA rescue dogs located the partial remains of a deceased person approximately 100 yards north of the residence where the skull had been found the night before.
Additional details about the condition of the body were not released by police.
Bennett said the Clearlake Police Department thanked the Lake County Sheriff’s Office for its assistance in the case by coordinating the K-Corps, Search and Rescue and CARDA.
The agency also thanked its Volunteers in Policing for their help.
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- Written by: Lake County News reports
