The night also saw sheriff's candidate Deputy Francisco Rivero making repeated allegations of racial profiling and cronyism while incumbent Sheriff Rod Mitchell questioned the timing of the complaints, which he alleged were being made for the purpose of the election.
The exchanges between attorneys Doug Rhoades and Don Anderson, who are challenging incumbent District Attorney Jon Hopkins for his job, were less barbed than those between Rivero and Mitchell, but the challengers nonetheless attempted to compare and contrast their qualifications in sharing a vision for the District Attorney's Office under their leadership.
The Lake County Deputy Sheriff's Association, Lakeport Police Officer's Association, Clearlake Police Officer's Association, Lake County Correctional Officer's Association and the Lake County Probation Officer's Association were among the organizers of the two and a half hour “meet the candidates night,” held in the Kelseyville High School cafetorium.
A small group of citizens gathered outside in protest of the fact that the event was closed to the public. Local media, however, were allowed to cover the event.
Sgt. Brian Martin of the Lake County Sheriff's Office introduced the event and its moderator, Mike Durant, vice president of the Peace Officers Research Association of California (PORAC) and a longtime member of the Santa Barbara Sheriff's Office.
“Tonight will give you a chance to hear what these candidates have to say in response to your questions,” Martin told the crowd of more than 100 local members of law enforcement.
He said they solicited questions from the law enforcement community, and noted, “the response was quite good.”
Durant and Martin did a coin toss to determine the order of who would answer the questions. Sitting at one table were Rhoades, Anderson and Mitchell, with Hopkins and Rivero seated across the stage at a second table. Hopkins and Rivero called tails and won the toss, allowing them to offer their opening statements first.
Hopkins, taking the podium, thanked the associations for sponsoring the forum.
“I think it's very important for the law enforcement community to be heard on issues that matter to you,” he said, adding that they are “the foot soldiers of justice.”
Hopkins, who noted he was formally announcing his candidacy, stated that he was a strong prosecutor with a balanced approach in prosecuting offenders in order to protect the public.
He said he brings the experience and understanding that Lake County needs in its district attorney.
By the time of the June election he will have amassed 38 years of experience in the legal profession, including 31 years as a prosecutor. In those years he has tried more than 200 jury trials and more than 30 homicide cases.
“The hallmark of my career from the start has been professionalism and integrity, and I'm now able to add experience to that,” he said.
Anderson said he came to Lake County in 1969, while still in junior high, and spent 15 years in the sheriff's office before beginning his own law practice. He's been an attorney 20 years.
He said he has varied law enforcement and legal experience. While a deputy on the streets, he was involved with all kind of cases, from traffic tickets to murders.
Anderson emphasized the importance of people and respect in the legal system, and added that he believes the District Attorney's Office is now too closed, and need to be more open.
Rhoades, who has lived in Lake County for 48 years, said he spent 23 of those years with the Lake County Sheriff's Office before moving on to his own private legal practice.
“I'm bringing to you local ambition, local ideas and a concern for the local community because this is my home,” he said. “It basically always has been since I was 9 years old.”
The District Attorney's Office's 42 employees need to know they're cared for, day to day, in the work they do, and Rhoades said he had ideas about how to improve the office.
Next it was the turn of the sheriff's candidates to introduce themselves.
After thanking the associations for the forum, Rivero said, “I believe that the Lake County Sheriff's Office is suffering from a crisis of legitimacy.”
Having spoken to many people on the campaign trail so far, “I know that many of the citizens here in Lake County have lost their faith in us,” Rivero said. “They've lost their confidence in us, and most of all they've lost their trust in us.”
Rivero promised to remedy that, guaranteeing that if elected he'll build a new, modern department that's decentralized and focused on crime prevention. The agency he leads will be anchored in honor, ethnics and character, and will treat its members and citizens with respect, dignity and fairness.
The philosophy of public service that Rivero said he wants to promote is, in his opinion, one many of the department's members “lost a long time ago.” He added that community policing will be a basis for his department.
In his opening, Mitchell recalled how that, as a child, he realized law enforcement was a noble calling.
“Law enforcement is not a vocation or a hobby for me, it's my life's work,” he said, adding that he understands how challenging a 24-hour-a-day, seven-days-a-week job is for law enforcement officers and their families.
“There's a fundamental truth about your work, that is, that it's essential and meaningful,” he said. “When I see people with a passion for their work, I still want to be like you.”
The question and answer period that followed rotated back and forth between the candidates for each office.
The first question went to the district attorney hopefuls, who were asked if they favored sentence bargaining in felony cases, which has been prohibited for years in Lake County.
Hopkins said he didn't favor changing the practice of not bargaining, which has been the norm in the county for decades. “What it means is a judge decides a sentence for the felony, not the felon,” he said. “We don't end up in a flea market approach to justice.”
A district attorney should pursue what they believe the right results should be, but he added, “We ought to be open always to changing our opinions in what should happen in a case.”
He said that there have been 2,300 felony cases charged in Lake County in the past two and a half years. Of those, 50 went to trial, and many of those were homicides or very serious cases that wouldn't have been up for sentencing bargaining anyway.
“We want victims and the community protected, and we're going to go after the right result whether the felon likes it or not,” said Hopkins, adding that the focus should be on justice, serving victims and keeping the public safe.
Anderson said he respectfully disagreed with Hopkins' approach, and explained that Lake was one of only two of California's counties that don't use sentence bargaining.
Changing that approach, said Anderson, could save the county hundreds of thousands of dollars, money which he said could be put towards paying deputy district attorneys higher wages and attracting job candidates.
Sentencing bargaining doesn't amount to letting criminals decide their sentence, said Anderson, since the district attorney has better control over what a defendant gets in the sentencing.
The difference, said Anderson, is that they don't have to rely on the discretion of a judge. While he said the county has good judges, sometimes they make mistakes in sentences that either are too lenient or too strict. “In plea bargaining you get a fair deal.”
He added that if the District Attorney's Offices is fearful of bargaining, “then there's a problem.”
Anderson guaranteed, “If I get in this office we will have sentence bargaining with the approval of the judges.”
Rhoades also disagreed with Hopkins. He said half of the front page of the state's plea form is devoted to sentence bargaining. “We ignore that in Lake County,” Rhoades said.
“After 13 years of doing essentially all criminal work in the courts of Lake County, I can tell you that a great, great, great many cases have proceeded to trial” when there's only a difference of as little as a year or six months between the results sought by the prosecution and defense, Rhoades said.
He said he can only assume that the process works well in many cases if it's used in other parts of the state.
Rhoades questioned why the county is devoting time to trying cases that shouldn't go to trial.
“The entire idea of sentence bargaining is such that we would think it would serve the public as well as it can,” he said.
Next came the first question for the sheriff's candidates, who were asked how important is it for them to receive the endorsements of the local law enforcement associations.
“If it was not important to me, I wouldn't be here today,” said Rivero.
He added, however, that it's even more important for him to have the individual endorsements of both the people in the room and the community members not at the event.
“My fellow law enforcement officers here mean a lot to me,” he said. “I also know that many of them are going to disagree with me, that many of them are resolved in the old ways of doing things, and they fear my candidacy as a sea change.”
Rivero assured them, “You have nothing to fear from me.”
He said they need to enjoy a better reputation in the community, and they need a level playing field within the department and with the public.
The sheriff and his office holds the most power of any elected official in the county and therefore holds the most responsibility, Rivero said.
Mitchell told the group, “I can't begin to explain how significant it is to me to come before you.”
While he needs their endorsements, “Your confidence is what matters to me the most.”
Mitchell explained that securing the public's trust is “an ongoing endeavor.”
“The duty of sheriff is a challenge 24/7. I'm up to that challenge,” he said, adding that his appreciation for local law enforcement's members hasn't waivered, and is as important to him now as it was 16 years ago, when he first ran for office.
Questions asked about sentencing discretion, morale
The district attorney candidates were next asked about if, under their administration, deputy district attorneys would retain the power to charge suspects with felonies or misdemeanors, or if management would take over those decisions.
Anderson said under his leadership they would have even more power but they would need guidelines, as the responsibility for bad decisions ultimately would come back to him.
Rhoades said they would retain that power, and those with the most knowledge about cases would be in charge of making those decisions.
Hopkins said it's a “difficult balancing situation,” and that his office is working to bring all of its prosecutors to a place where they have the judgment to make all of those decisions. He said that it's not as simple as saying a person has, or doesn't have, the authority.
He said that, once the economy improves, he wants to get support from the Board of Supervisors for two more positions – one to supervise felony cases and another to supervise misdemeanor cases. Right now, it's just up to him and Chief Deputy District Attorney Richard Hinchcliff.
“You make a bad decision, it really goes after you,” he said.
Durant then asked the sheriff's candidates their opinion of the sheriff's office's morale level and what they would do to improve and maintain it.
Noting that it probably is better than it was three months ago, Mitchell said his objective is to work with senior staff to continue to develop it. “You will never hear me say it's perfect the way it is,” he said.
“Morale is an altering thing, a shifting thing,” he said, adding that consistent management, decision making and application of rules all are essential to the department's future.
When he took the podium, Rivero stated, “Morale is in the eyes of the beholder and in this department there is a two-tier system” when it comes to discipline, promotions and treatment.
He said fellow deputies are afraid to voice their support for his campaign out of fear of punishment.
Rivero said he would level the playing field and make promotions based on merit. “There's gonna be no favorites.”
He continued, “I promise you one thing, I will stop the favoritism, I will stop the cronyism, I will stop the nepotism that has plagued this department like a cancer.”
The district attorney candidates were then asked how they could raise the compensation for the agency's prosecutors, which is very low compared to other areas.
Rhoades said the salaries are set through bargaining, and he would be a very zealous advocate for employees.
“An unfortunate reality is that question could have been asked 20 years ago, 30 years ago or 40 years ago and it would still be true, because Lake County is not a wealthy county,” he said.
The only thing they can do is manage the money appropriately, and the district attorney should always be looking for money for staffers, Rhoades said.
Hopkins said the topic was “pretty dear to my heart.”
His office's work in improving wages has helped slow the number of people leaving, he said, noting they've only lost two deputy district attorneys in three years. Hopkins said his team likes living and working in Lake County.
Anderson said when he began his legal practice he looked at joining the District Attorney's Office, but that would have required taking a big pay cut.
“A person's wages is one of my highest priorities,” he said.
Higher pay will help recruit and retain good prosecutors, he said. They can get more money through sentence bargaining and not prosecuting cases that can't be won.
Sheriff's candidates questioned about racial profiling allegations
Mitchell and Rivero then were asked about racial profiling, which has become a focal point in the media. Specifically, they were asked to explain the difference between racial and criminal profiling.
Rivero said racial profiling is using race as basis for stopping people. “It's a problem that I believe does happen here,” and it comes from a lack of training and understanding.
He alleged that the sheriff's office has a “permissive, hands-off attitude” regarding the behavior of some deputies, which needed to be corrected. A regular training program will abate racial injustice, he said.
“I believe we need training in sensitivity, and we need training in diversity,” he said.
Mitchell asked them to imagine they had gotten a call about a male robbery suspect, with few other details given. “We need to be able to criminally profile all the time,” he said.
Race, he said, is sometimes a factor in describing a potential suspect, but that's not a criminal activity.
He suggested his agency has a crisis of legitimacy because some people are making accusations of racial profiling because they're convenient, yet those allegations have been investigated and proved untrue. The question, he said, is when did those issues of alleged profiling become important enough to report?
Durant then asked district attorney candidates if they would pursue a prosecution against someone they believed was guilty of a crime even if public opinion was against it.
Hopkins said it's important to first determine if the person was indeed guilty, and if they can convince a jury of that beyond a reasonable doubt. He said he didn't think a person can make decisions if they operate from a position of fear, or are concerned with being criticized by the media, bloggers or the community.
“There are times when we have to go forward because we know it's the right thing,” he said.
He added, “There is always somebody on the other side who doesn't like what we're doing.”
Hopkins said that the most that prosecutors can do is to try and educate the public about what it is they're doing and stay the course. “It's a tough job and we have to make those tough decisions.”
Noting he agreed with much of what Hopkins said, Anderson said prosecutors have to listen to defense attorneys and law enforcement in making those decisions. Like Hopkins, he didn't believe the public's input needed to be considered.
Rhoades said prosecutor decisions should benefit the entire community, but that doesn't mean they take a poll on every case. “We can't function in a vacuum, either.”
If there are concerns about a case, Rhoades said, “One thing you're not going to hear from me is, do it anyway.” Rather, he would leave the decision up to the prosecuting attorney. “That's how those decisions need to be made.”
The next question for the sheriff's candidates was if they believed the sheriff's office is meeting the needs and concerns of the law abiding community, and what examples they could offer.
“I do think we're meeting the concerns of the community,” said Mitchell, noting that the agency is both proactive and reactive.
He said the agency gets letters and messages from community members all the time, thanking them for the kindness of its members.
Part of the problem the agency is facing, said Mitchell, is that it's in a reactive mode because of the retroactive allegations being made for convenience, coming from “people within the department undermining the public's trust.”
Rivero responded, “The needs of the community are not met by simply dialing 911 and having an officer and a patrol car show up and either resolve or not resolve the problem.”
Regarding the allegations of misconduct, Rivero said the Hispanic and American Indian communities have told him “horrific” stories about mistreatment.
The department needs to be responsible to the community, and Rivero questioned why the community at large wasn't allowed to attend the forum.
Following a short break, the questions resumed, with district attorney candidate asked about the greatest number of employees they'd managed and the largest budgets they've overseen.
Anderson said he's managed four people in his office as well as his own budget. Rhoades mentioned that while he was in the sheriff's office he had overseen 12 patrol staffers and about $500,000 in the sheriff's data technology budget. He also was a Kelseyville Unified School Board member and oversaw budgets in that capacity.
Hopkins said he has spent 24 years in prosecution management, which he called a “specialty area,” and currently oversees a staff or more than 40 people and a $3.9 million budget, of which $1.1 million comes from grants, which he said he's helped bring in.
Rivero and Mitchell were questioned about the most important questions facing the sheriff's office.
The most important to Rivero is restoring the public's confidence and their trust in the agency's ability to protect them, their lives and freedom. He said he would restore that confidence by including the public in negotiation and making policy.
Another problem is internal problems, including back stabbing and rumor milling. Rivero said there would be no tolerance for either.
Mitchell said the agency has to stay positive and mission-driven.
“We're facing one of the most significant budget situations in California's history,” he said.
The department's budget has grown from $6 million 16 years ago to about $27 million now, and has 200 employees, of which 187 are full-time, he said.
Mitchell also took the opportunity to refer to Rivero's allegations. “I'm hearing of horrific stories of mistreatment,” he said. “When are they going to be reported to me in a timely manner so they can be investigated?”
Candidates questioned about drug policies, candidates
District attorney's candidates were asked about the significant number of criminal cases in the county that involve marijuana and methamphetamine, and how they would deal with them.
Rhoades estimated that methamphetamine is involved in as many as one out of two cases. Add in alcohol and they've covered nearly all the cases, he suggested.
Marijuana also is involved in crime, but the laws involving it are in flux right now. He said he would have senior deputy district attorneys help him look at the issues, and would focus as many resources as possible on methamphetamine.
Hopkins said they need teeth in their approach to drug cases, which have gone through some changes due to legislation like Proposition 36, which allowed people using methamphetamine to get counseling with no jail time.
He said he has two senior deputies who spend almost all of their time on trafficking issues.
Anderson noted he's “dead set against drugs” because he's seen them destroy too many lives.
He expected that marijuana, which is offering some benefits to patients, will eventually be legalized in California, but many growers now are being victimized. Anderson said there is no good side to methamphetamine.
Sheriff's candidates were asked about the increasing gang problem, and if they would support a proactive approach to gang enforcement.
“We do have a gang problem,” said Mitchell. “Anyone who says we don't is not living in reality.”
He said gang activity is increasing in Lake County just as it is elsewhere. One of the best measures of its prevalence is the number of random acts of violence, which are on the increase locally.
Mitchell supported a multidisciplinary and task force approach, and sending out a strong, clear message that gangs won't be tolerated. He added that gangs are as much a cultural as a criminal issue.
Rivero started off his response by answering Mitchell's question about when the stories of abuse will be reported, which he said will happen when management and leadership is by example and not by fear and intimidation.
Regarding gangs, he said they are migrating from the Bay Area, and he guaranteed the problem will get worse. The best chance to address them is to reach out to the immigrant community and provide them with an avenue for redress of wrongs.
The gang problems are no different than the mafia and gang activities on the East Coast, Rivero said. If minorities are afraid of law enforcement, they'll seek help elsewhere.
Durant then asked the district attorney candidates about their stance on the death penalty.
Hopkins said he believes that, in certain cases, the death penalty is appropriate. “A large number of voters in California believe that,” he said.
He didn't think prosecutors should always go after it. However, “We should retain the ability to do that when it's the appropriate case.”
Anderson said he also believed in it in certain instances, but it needs to be done in a timely manner.
He recalled the case of Gerald Stanley, who killed his wife in August of 1980. Anderson was on duty the day it happened, and noted that Stanley is still sitting on death row all these years later.
“If you're not going to implement the death penalty, don't pretend you are,” he said.
Rhoades said he personally didn't believe in the death penalty, but that wouldn't necessary be his opinion as district attorney.
He agreed there are cases where it's appropriate, adding, “That is not a decision to be taken lightly.”
The final question for sheriff's hopefuls was what their vision was for the sheriff's office.
“My vision for the sheriff's department is having a group of men and women, individual officers, who are totally and unequivocally committed to their jobs,” said Rivero.
But more trust is needed, and some members of the department need to be reeducated and brought back into the public service fold, he said.
Mitchell said his vision includes a mission-driven, cohesive group of people who trust each other.
He asked again about when Rivero would report the “horrific” allegations of abuse, and said ensuring the public's trust comes from being unified and dedicated, not dividing the public's trust in the agency.
Candidates sum up their qualifications
During closing remarks, Hopkins said he came up through the ranks as a prosecutor and understands what the people in his office are facing.
Leadership is about inspiring people to do the best they can, he said.
“The goal is to train people, to bring them to the level where they can do their best,” he said. “I have the experience as a strong and fair prosecutor and commitment to equal justice and public safety.”
Anderson said that, in 2008, the District Attorney's Office had a 44-percent conviction rate, far below state average, and suggested the rate actually might be lower, in the mid 30s.
He said there doesn't seem to be a desire in the office to listen to the other side, and people in public service need to be able to listen. Anderson said he wanted to change the office's attitude toward the community.
Anderson quoted US Supreme Court Justice George Sutherland, who said the job of a district attorney is to prosecute vigorously but also to seek justice.
Rhoades addressed the incumbent in his remarks, stating, “The idea, Mr. Hopkins, is not to just go in there and win cases.” Rather, they need to win cases that are appropriate to prosecute.
“Thinking that you know the answers to everything, being sure you know the answers to everything, is one of the most dangerous things that anyone can do,” he said.
Rivero told the group, “Sheriff Mitchell expects your endorsement tonight. To him, this debate is nothing more than a formality, a foregone conclusion that your support is behind him. I'm not so sure.”
He said, “You want and need your reputations restored,” and told them they would soon enjoy working for a fair and just administration. “All you have to do is show your merit. That's it.”
While the association endorsements are important to him, more important is individual support, Rivero said.
Mitchell said law enforcement's professionalism is never better than when they're responding to a critical incident, which is what misinformation about the sheriff's office has created. “Deliberate misinformation to the public should be treated as nothing short of interference with our official duties.”
Noting that impulse control is important, he said they can ill afford an official whose impulse is to create fear. The work they do is too important to let it, or the public's confidence, be hijacked.
A good leader remains calm when others don't, and accepts responsibility when others cast blame. “In
30 years I've sacrificed for you and with you, but I've never made a sacrifice of you,” he concluded.
In closing the evening's forum, Martin noted, “I'm convinced that this was a successful night.”
E-mail Elizabeth Larson at
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