LAKEPORT – The race to become Lake County's sheriff became more heated on Monday, when a challenger accused the sitting sheriff of railroading him by conducting an investigation into what he said were false allegations made by a local woman.
Deputy Francisco Rivero and his supporters gathered on the steps of the Courthouse Museum in downtown Lakeport on Monday morning where he revealed the investigation, which he said Sheriff Rod Mitchell is conducting in order to destroy his campaign.
Rivero said he is being investigated for sexual battery, excessive force and gender profiling following a December 2008 arrest of Hidden Valley Lake woman.
A second internal affairs investigation, not discussed specifically on Monday, involves an allegation that Rivero provided information from an official investigation to a witness who had not been interviewed, in violation of a direct order, according to documents released through Rivero's attorney, Victor Haltom of Sacramento.
“These allegations are false. They are completely fabricated and they are, in fact, politically motivated,” he said.
Mitchell would say in an interview later in the day that he was “appalled” that Rivero would break the confidentiality of the investigation in violation of a direct order.
He said his department is obligated to investigate any such claims filed by a citizen, which is why it was taking place, and that Rivero is making the issue public because of his own political motivations.
About 70 people looked on as Rivero was joined by Haltom, who defended Carmichael resident Bismarck Dinius in a felony boating under the influence case last summer. Dinius was acquitted.
Dinius was sitting at the tiller of a sailboat on the night of April 29, 2006, when it was hit from behind by an off-duty sheriff's chief deputy, Russell Perdock. Willows resident, Lynn Thornton, 51, died several days after the crash. Perdock was not charged criminally but both he and Dinius were involved in a civil suit, with the insurance for both men paying out $300,000.
Thornton's friend, Carol Stambuk, also made the trip to Lake County to support Rivero.
Throughout the press conference, Rivero and Haltom would make comparisons between the investigation against Rivero and the case against Dinius.
About 15 minutes before the 11 a.m. press conference, Rivero said he received a phone call from sheriff's Capt. Cecil Brown, reiterating that he was under orders not to discuss the investigation. Rivero went ahead with his statements, which Mitchell said constituted insubordination.
“I am being railroaded and I will prove that,” Rivero told his supporters.
Haltom stated that Rivero and fellow Deputy William Djernes were dispatched to a domestic violence call in December 2008. A man had called in to the sheriff's dispatch to report that his wife was assaulting him.
During the call Rivero arrested Rhonda Ann Rully, now 53, for misdemeanor spousal battery and a felony charge of inflicting corporal injury on a spouse.
In January of 2009, a charge of domestic violence not causing injury against Rully was disposed, but she was convicted of disturbing the peace, and sentenced to 40 hours community service, a $120 fine and one year probation, according to court records.
Haltom said Rully made the complaint this past January to Sgt. Brian Martin.
“When they're legitimate, the victims come forward right away,” Haltom said, based on his experience.
Haltom said Rivero is aware that he could be facing termination over his statements.
“He can't work in that sheriff's office unless he's elected sheriff,” Haltom said.
Rivero said he planned to disobey the order, because it violated his promise to run an open and transparent administration. He said there would be no more standing behind the excuse of “personnel issues.”
“I will be cleared. I guarantee you that,” he said.
Rivero said he was served with a notice of investigation at his home on March 27. He said the investigation was held until later in the campaign in order to destroy his chances of becoming sheriff.
He also accused the sheriff's office of leaking information about his investigation onto a local blog, and stated he was there to combat those kinds of leaks.
When Lucerne resident Lenny Matthews asked if the investigation was being handled according to normal procedure, Haltom said it was “abnormal,” and just like the Dinius case. “It is deja vu all over again,” he said.
Rivero, who currently is on an extended unpaid leave at his own request in advance of the June primary election, said he expects more retaliation if he returns to work as a deputy. “If I don't win this election I don't want to work there anymore anyway.”
He said that Perdock is still on administrative leave and is being paid not to work, while officers like former Sgt. James Beland – who was terminated in December 2008 – suffered the consequences for testifying during the Dinius case. Rivero said that another of his supporters, retired Sgt. Kip Ringen, was forced to retire after 28 years of service after he challenged Mitchell.
Rivero said he would rather be fired by the sheriff's office today than fired by voters on June 8.
His plans as sheriff include instituting a citizens oversight committee which he said has been used successfully elsewhere when departments are “out of control.”
“I need the support now more than ever,” Rivero told the group, encouraging them to speak to people about the sheriff's race, which he suggested is the most important election in the county's history.
“I want to return the sheriff's office to the people,” he said.
Haltom said in an interview late Monday that his hope is that the sheriff's office will “proceed rationally” regarding the allegations, which he said are blatantly and obviously false.
He said the matter could be cleared up quickly if Djernes was interviewed. Haltom said that based on information he had, Djernes hadn't been interviewed as of Saturday.
It was Djernes who transported Rully to the jail while Rivero stayed behind to interview her husband, Haltom said.
Haltom also suggested that any investigation could be turned over to an outside agency, as was done with a portion of an internal affairs investigation with Perdock, which Sonoma County handled.
He compared the order for Rivero to keep silent on the investigation to an illegal order given during wartime that a soldier is obligated not to follow.
Haltom said no specific hearing date has been set by the sheriff's office, but they are prepared to speak with sheriff's office officials.
However, both Haltom and Rivero assume that he'll be fired for speaking out. They've not discussed what to do in that case.
“Frank is either going to win the campaign and clean things out or he's not going to be in the department any more,” said Haltom, adding that Rivero can't work under Mitchell.
The third candidate in this year's sheriff's race, Jack Baxter, a retired San Jose Police sergeant, also was on hand for the event Monday.
“I think it's a little suspicious and disturbing that this comes up so late,” he said later Monday.
Baxter said the sheriff has “no choice” in investigating the matter, and that officers often are ordered to keep silent during the investigations.
However, Baxter said he was bothered that it took so long to get around to conducting the investigation.
Mitchell: Case is being handled according to the rules
On Monday afternoon, Mitchell said that the investigation, as is common with all internal affairs investigations, was confidential.
“There was no need for anyone to discuss it publicly and I am appalled that someone would openly defy a direct order,” he said.
Mitchell said Rivero's motivation in making the investigation public is purely political, and denied Rivero's allegation that the investigation had been leaked by department members.
It's standard practice, he added, for law enforcement agencies not to discuss the nature of investigations.
As it relates to internal affairs investigations, the rules of not disclosing information are meant both to protect the employee and the person making the complaint, he said.
Mitchell said the investigation began because of a citizen's complaint, which he said his department is mandated by law to investigate.
“We treat every allegation seriously,” he said.
Mitchell said it was appropriate to investigate the matter but the complaint wasn't pushed to the head of the line ahead of other investigations.
Explaining the timing of the investigation, he said that the woman in question – Mitchell did not name Rully specifically – called in a complaint in January and didn't follow up on it for a few weeks.
However, he said she did finally complete the complaint process and it was assigned to Sgt. Gary Basor, according to the internal affairs documents Haltom released.
On Jan. 30, Basor – who works as an independent contractor with the firm Kenyon International – left for a human remains recovery operation in earthquake-ravaged Haiti, after getting the call to go the previous day, as Lake County News has reported.
Basor did not return to work until Feb. 17. It's not clear when he began to look into the matter regarding Rivero; however, his notice of investigation to Rivero is dated March 26.
The language of the notice, which is standard, states, “For the benefit of all parties involved, this investigation will be completed as swiftly as possible.”
While Mitchell said Rivero's action in holding the press conference constitutes an interference with the investigation and a “cavalier disregard” for an order, he said his department still has an obligation to conclude the investigation.
People under administrative investigation can't be forced to speak, but if they fail to answer questions in an investigation they usually will face termination, which Mitchell said is “universal” in law enforcement agencies.
Mitchell said investigations need to be “integrity driven,” and they're not to be altered or interfered with by anyone.
“Rules apply to everyone, including Frank,” he said.
Obligated to investigate
Lake County News was unable to contact Rully, who reportedly has moved and has no listed phone number. She did, however, speak with a Bay Area news station on Monday, reiterating her complaint that she was injured and sexually assaulted by Rivero.
Rully had alleged several years ago that a deputy raped her, but that complaint was dismissed, Haltom said.
In March, a woman called in to a radio show on KPFZ 88.1 FM to state a similar complaint against Rivero, but Lake County News was unable to obtain a copy of that radio show by the end of the day Monday to verify if it was Rully.
Former District 1 Supervisor Ed Robey, a supporter of Rivero, said he was approached by a woman at a Lower Lake gas station within the last several weeks who said she was filing a complaint against Rivero.
Robey told Lake County News that he did not think that Rully's mugshot – taken December 22, 2008 – looked like the woman he approached him. Rully's appearance in the TV interview differed significantly from the mugshot.
Robey said the woman he spoke to briefly was driving a black Honda sedan, which is the kind of car Rully was shown getting into when KGO reporter Dan Noyes interviewed her Monday.
Lake County News contacted both the California Department of Justice and the California Commission on Peace Officer Standards and Training (POST) to ask about the legal requirements involved in handling such complaints.
Both Evan Westrup, the California Department of Justice's deputy press secretary, and Mike DiMiceli, POST's assistant executive director of the California Commission on Peace Officer Standards and Training, pointed to California Penal Code Section 832.5, which states, in part, that “that each and every agency in the state of California that employs peace officers shall establish a procedure to investigate complaints by members of the public.”
When a citizen submits a complaint, DiMiceli explained that a law enforcement agency must accept it, do something with it “and you have to notify the employee that you have it.”
Statements in an administrative review can be compelled, unlike how criminal complaints are investigated, DiMiceli said.
In addition, it's common for officers who are being investigated to be told not to discuss the matter, DiMiceli said.
“That's generally a standard admonition given to everyone that is interviewed,” he said, adding that employees can be bound with such an admonition.
The Lybarger Advisement, a document named for a court decision, notifies the officer of such admonitions, he said.
The Lake County Sheriff's Office provided Lake County News with a blank Lybarger Advisement form used in such investigations. The document instructs peace officers to cooperate fully with investigations and explains that failure to comply can lead to termination based on the grounds of “willful disobedience and insubordination.”
E-mail Elizabeth Larson at
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