In late January, the Vanguard reported on a letter from former Supreme Court Justice Cruz Reynoso sent to UC President Mark Yudof, indicating there will be delays in the original timeline of the report regarding the pepper-spraying incident at Occupy UCD. The delay meant that Justice Reynoso was then “targeting February 21, 2012 for the release of the report of the Task Force.”
The reason for the delay was that the UC Davis police were not cooperating with the investigation, as the former Justice of the California Supreme Court indicated in a letter to President Yudof, saying that although consulting firm Kroll, Inc., has conducted a number of interviews with students and faculty, they have “not had access to subject and non subject officers.”
He further indicated, “Through several rounds of negotiation the General Counsel’s office has made an agreement with FUPOA [Federated University Police Officers Association] for access to non subject officers. Interviews with non subject officers are taking place this week.”
We are less than a week away from that revised February 21 date, and once again, the report will be delayed.
In an additional letter to President Mark Yudof, Mr. Reynoso writes, “I now anticipate that the report of the Task Force will be released to the UC Davis community at a public meeting to take place in early March on the Davis campus. The previous release date scheduled for February 21, 2012, is now cancelled.”
He adds, “In early March, the Task Force and I will outline our recommendations to the UC Davis community, the students, faculty and staff, and engage in an open dialogue on the deliberative process.”
In his letter he reports: “I am writing to report to you that the Task Force continues to work diligently towards the release of the final report outlining recommendations to Chancellor Katehi and you. These recommendations, assisted by the fact finding report from Kroll, will include improvements to police procedures, command protocols, and campus policies and oversight structures that will help ensure that the rights and safety of nonviolent protestors and the entire campus community are protected.”
“As I previously indicated to you, the Task Force believes that it is imperative to have a complete understanding of the events that took place on that afternoon,” Justice Reynoso continues.
“To that end, the Task Force has maintained an aggressive schedule, having met as a group on five separate occasions to review a considerable amount of information surrounding the details of the event. As members of the UC Davis community, we are mindful of and share the intense desire of faculty, staff, and students to have trust and confidence restored,” he adds. “Therefore, while we are trying to be swift in releasing the report, we have an obligation to the campus community not to be hurried.”
UC Davis has not been forthcoming in response to information about the lack of cooperation by the UC Davis police, as they have repeatedly pushed the issue to the Office of the President who conveniently pushes the issue right back to UC Davis.
One of the first questions someone asked me about the UC Davis investigation into the pepper spraying was whether the investigators would have subpoena power.
Without subpoena power, the investigators would have no power to get documents off hard drives. When I inquired about this, the UC Davis News Service assured me that this would not be a problem.
UC Davis News Service Spokesperson Andy Fell, back in late November, assured the Vanguard that “both campus and UC will cooperate fully with them and make available to them any documents they need, subject only to legal restrictions such as those governing student records, personnel files etc.”
He continued, “As a private contractor, Kroll doesn’t actually have subpoena power. But they are going to get whatever they want. “
The bigger problem, it turns out, is that the investigators apparently have no power to compel people to come forward and speak with them. None of this is all that surprising, but it is going to temper the ability of the Kroll investigators, as well as Cruz Reynoso’s task force, to really get to the bottom of this.
I do not expect the District Attorney’s office’s investigation to yield anything that will come to criminal charges, and that presents a real problem in that we may never really know what happened and we might be left to deduce subjectively from not much more than we know now.
There is now a real problem with the legitimacy of the independent investigation. In the meantime, the ball keeps getting pushed further down the road. It makes one wonder if part of the strategy is to stall for time until the energy that emerged in November has all been dissipated.
—David M. Greenwald reporting
from not much more than we know now.
Its pretty self-explanatory what happened. A bunch of punks tested the limits……
They found where that limit was.
Come on 91 Octane, imo David isn’t going to be satisfied unless there’s criminal charges.
“UC Davis has not been forthcoming in response to information about the lack of cooperation by the UC Davis police as they have repeatedly pushed the issue to the Office of the President who conveniently push the issue right back to UC Davis.”
“UC Davis not been forthcoming” to who?
It should be obvious when the report is issued whether all parties cooperated; I trust that Justice Reynoso will be clear about any shortcomings of the report and how they came about. If his report indicates bad judgment, the University will need to act for its own credibility. If it suggests criminal wrongdoing, the DA’s investigation (with subpoena powers) will have to investigate.
The filing of criminal charges is not necessary for us to know what happened. I don’t see on what basis you question “the legitimacy of the independent investigation.” We don’t want anyone charged up with “the energy that emerged in November” to be carrying around the power to subpoena anyone or file charges.
Rusty: I know full well there won’t be criminal charges.
I actually agree with JS that they aren’t necessary for us to know what happened.
JS: They haven’t been forthcoming to me and my requests for information. I am getting the run around on this.
[quote]In his letter he reports: “I am writing to report to you that the Task Force continues to work diligently towards the release of the final report outlining recommendations to Chancellor Katehi and you. These recommendations, assisted by the fact finding report from Kroll, will include improvements to police procedures, command protocols, and campus policies and oversight structures that will help ensure that the rights and safety of nonviolent protestors and the entire campus community are protected.”
“As I previously indicated to you, the Task Force believes that it is imperative to have a complete understanding of the events that took place on that afternoon,” Justice Reynoso continues.[/quote]
It seems quite clear that Reynoso believes he can come to some reasonable conclusions on helpful changes that would avoid a repeat of what happened. If the UCD police decide to remain silent, then they are stuck with whatever conclusions Reynoso comes up with, that very well may be implemented by Yudoff to appease the public. I would much prefer calmer heads prevail than “energy that emerged in November” rule the day.
[quote]I do not expect the District Attorney’s office’s investigation to yield anything that will come to criminal charges, and that presents a real problem in that we may never really know what happened and we might be left to subjectively deduce from not much more than we know now.[/quote]
As far as I can tell, the only thing we don’t know is who gave the order to use pepper spray. It was a bad decision, but I don’t see this one instance as a need to make sure “heads roll” by firing someone or pressing criminal charges. The fact of the matter is the students themselves were in the wrong as well, and they are not being held accountable…
They haven’t been forthcoming to me and my requests for information. I am getting the run around on this.
lol, why would they give you the runaround? the vanguard ripped on them since day one, and said katehi should be fired, pike should be fired, and everyone’s head should roll. that is the price you pay for being so antagonistic. if you want cooperation, you could re-think your strategy. you could at least pretend to show interest in hearing their side of things. or you can continue to do what you are doing and get nowhere. the choice is yours.
lol, would = wouldn’t. I meant to say, why wouldn’t they give you the runaround?
Your implying that they’d break the law out of some political disagreement?
[quote]In his letter he reports: “I am writing to report to you that the Task Force continues to work diligently towards the release of the final report outlining recommendations to Chancellor Katehi and you. These recommendations, assisted by the fact finding report from Kroll, will include improvements to police procedures, command protocols, and campus policies and oversight structures that will help ensure that the rights and safety of nonviolent protestors and the entire campus community are protected.”[/quote]
Looks like Cruz has already made his findings that the police are at fault. I see no mention of responsibility on the protesters behalf. I wonder if this “investigation” looked at the extended video of the incident.
[quote]There is now a real problem with the legitimacy of the independent investigation.[/quote]
Cruz is forming a pattern in Yolo County.
Mr. Obvious, I see the police force receiving a slap on the hands but nothing more. They don’t want to risk totally exonerating the cops out of fear that the spoiled brat protesters will throw another childish fit.
Actually, maybe that was the charge the task force was given. I think we need to go back to see what the retired justice was supposed to do. Maybe you and David already looking for him to operate like a special prosecutor instead of helping the university improve the way it operates–I don’t know.
The coverage I’ve seen suggests the demonstrators obviously broke the law. They get a pass, however, because they’re kids trying to make a point and didn’t really damage much or hurt anyone.
I haven’t seen anything that looks like law-breaking by any of the authorities. Or anything like violating anyone’s civil rights, etc. I think it’ll end up that pepper-spraying in that situation deserves punishment for the sprayer for not following procedures, some reprimand or lowered performance rating for the chief for inadequate training/supervision and a heart-to-heart for her supervisor (the former Davis city manager) from Katehi that he’d better make sure UCD and the chancellor don’t get embarrassed be its police operation. Ever again! In any way!
[quote] I know full well there won’t be criminal charges[/quote]
I’m not so sure. Those demonstrators undeniably broke the law. Perhaps criminal charges will be filed after all. The law should not go easier on rich brats like these demonstrators. If inner city youths tried to block police we wouldn’t be hearing so much whining about how they were just kids trying to make a point.
[quote]I think it’ll end up that pepper-spraying in that situation deserves punishment for the sprayer for not following procedures, some reprimand or lowered performance rating for the chief for inadequate training/supervision and a heart-to-heart for her supervisor (the former Davis city manager) from Katehi that he’d better make sure UCD and the chancellor don’t get embarrassed be its police operation. Ever again! In any way![/quote]
Probably a good guess as to what will happen…