2012-13 Napa County Grand Jury Reports

Certain witnesses interviewed by the Grand Jury, knowingly, repeatedly and willfully, violated their lawful secrecy admonition.

The conduct of the witnesses in repeatedly violating the Grand Jury’s lawful secrecy admonition created an atmosphere of apprehension and intimidation which impeded the proper investigation of the Grand Jury.

The conduct of the witnesses who violate the secrecy admonition is punishable as contempt of the Superior Court.

The NCJH is in compliance with all state and federal standards and regulations. COMMENDATION The Grand Jury commends the entire staff of the NCJH for their high level of professionalism and sincere commitment to serving the youth of Napa County. , 2013 FINAL REPORT NAPA COUNTY SHERIFF/CORONER- SERVICES OPERATIONS 1 NAPA COUNTY SHERIFF/CORONER SERVICES OPERATIONS SUMMARY The 2012-2013 Napa County Grand Jury, prompted by the lack of any apparent previous investigation of the Coroner and Services Divisions of the Napa Sheriff’s Office (NSO), began an investigation of the Napa County morgue and Coroner’s operations. With imaginings of a cold dark odiferous setting quickly dispelled, we discovered a bright, clean and exceptionally well-equipped facility staffed with caring professionals. Napa County’s autopsy facility is considered state-of-the-art partly because of its on-site X-ray equipment. It is primarily this equipment that accounts for a small amount of activity from neighboring counties. In-house X-rays offer substantial savings in both time and money making the transportation to and from Napa worthwhile. The Coroner’s office performs autopsies for Marin and other counties just a few times per year. A reasonable fee is charged for services. In Napa, direct supervision of the Coroner’s office staff falls under the NSO Services Division. In addition to the Coroner’s office, the Services Division oversees a number of related support groups including the Technical Services/Records section, Evidence/Fingerprint (CSI) Laboratory, and Property/Evidence Room. The Grand Jury also reviewed operations in these sections in order to provide the citizens of Napa County a larger view of the often overlooked support arm of the NSO. We are pleased to report that only minor issues were discovered. All NSO staff who were interviewed were cooperative and eager to express their high level of morale and job satisfaction. The Grand Jury congratulates the entire NSO Services Division and Coroner’s staff and management for their excellence in service. The Grand Jury was singularly impressed with the culture of individual responsibility we observed during this investigation. BACKGROUND The Coroner’s Division of the NSO was selected for investigation by the 2012-2013 Napa County Grand Jury after a report by the 2011-2012 Marin County Grand Jury reported on its use of Napa County’s state-of-the-art morgue. In combination with the investigation of the Coroner’s Division, the Grand Jury also reviewed the Sheriff’s Services Division which includes Technical Services (Civil Services/Records), the CSI Evidence Lab, and the Property/Evidence Room. Time constraints prevented the Grand Jury from reviewing the Court Services (courtroom bailiffs and prisoner transport) provided by the NSO as well as the services of a Sheriff’s Lieutenant provided to the Department of Corrections (Jail), all of which are part of the Sheriff’s Services Division. The Grand Jury found no record of any previous Grand Jury investigation specific to the Coroner’s Office or the Services Division of the Sheriff’s Office. Recent Grand Jury investigations of other NSO operations include a report on Animal Services (see 2010- 2011 Final Grand Jury Report) and the Napa Special Investigations Bureau (see 2009- 2010 Final Grand Jury Report). Organization/Mission and Philosophy In 2005 the Napa County Sheriff/Coroner Offices moved from the Hall of Justice in downtown Napa to a new facility on Airport Boulevard in southern Napa. Eight years later the building is still a state-of-the-art facility. The facility supports 104 sworn officers and approximately 41 civilian support staff. The Sheriff’s Office is organized in two main divisions: Field Operations and the Services (Civil/Coroner) Division. The Sheriff and Undersheriff, supported by an Administrative Services Manager and an Administrative Secretary, serve as executive oversight. One additional captain serves as Chief of Police for the City of American Canyon under their contract with the NSO for law enforcement services. Mission Statement The Napa County Sheriff’s Office is committed to providing the highest level of professional services to our community, while fostering partnerships based on trust and respect. The philosophy and culture of the department, as explained to the Grand Jury, is based first on providing service to the public and secondarily on law enforcement. Napa County has a low crime rate and law enforcement officers enjoy a relatively peaceful work environment in comparison to some surrounding counties. In an effort to keep crime low and enhance the quality of life in Napa County the NSO has instituted the Problem–Oriented Policing Program, Shop with a Cop, and Napa Valley Crime Stoppers (Appendix A) and many other activities intended to foster community awareness and symbiotic relationships. Additional NSO activities are described on the NSO website at www.countyofnapa.org/sheriff/. The Napa County Budget Performance Measurement Report, Fiscal Year 2011/2012, pages 187 to 191 (Appendix B) provides statistical analysis and comparison of criminal activity in Napa County and several comparable counties in California. The report is available through the Napa County Executive office or may be accessed from the Napa County website at: www.countyofnapa.org. NSO Budget The NSO operated at a net cost (funds paid directly from Napa County) of $10.9 million for fiscal year (FY) 2011/2012. The fiscal year 2012/2013 net cost is estimated at $11 million. The County of Napa Budget Performance Management Report, Fiscal Year 2011/2012, summarizes the NSO budget as follows: Actual FY Final FY Recommended % 2010/2011 2011/2012 FY 2012-2013 Variance Change Appropriations 22,744,885 23,336,524 24,152,270 815,746 3 Revenue 11,917,367 12,486,625 13,110,597 623,972 5 Net Cost 10,827,519 10,849,899 11,041,673 191,774 2 The term “Appropriations” as used in the Napa County Budget refers to total department expenses that are drawn from various funding sources. Revenues (or Income) from several sources generate operating funds. A large source of funding is Proposition 172 funds ($4,229,109 in 2011-12), a state-wide ½ percent sales tax, annual contract services to American Canyon ($4.9 million), Yountville ($834,000) and the Napa County Office of Education ($190,000) together with fees for private and charitable events where the Sheriff is requested to assist with security. Fines, forfeitures and penalties ($50,336), other state and federal funds and fees for civil process and other services make up the remainder of the NSO revenue sources. The NSO Coroner Division also receives a small amount of revenue for rental of a surgical suite in the morgue by a tissue bank and use of the autopsy suite by other counties. The difference between the Appropriations and Revenue is the “Net Cost” which is paid directly from Napa County general funds. It is not surprising that the largest cost of running the NSO is the salaries and benefits for the men and women working both on the streets and at headquarters. Salaries and benefits budgeted for FY 2012/2013 account for approximately 77.8 percent of the total appropriations (expenses) for the NSO. Salaries and benefits, determined through collective bargaining, for FY 2012/2013 are estimated at $19,656,894. The remaining appropriations, categorized as Services and Supplies, amounts to $5,604,266. The largest, non-salary expenditures include the NSO’s share of the Napa Police Department dispatch center ($2,040,000), travel and mileage expenses including fuel for all patrol vehicles ($1,055,373) and IT services ($779,634). The largest increased expense anticipated in FY 2012/2013 is vehicle maintenance which grew from $31,152 in FY 2011/2012 to $205,000 this fiscal year. The added expense results from the Ford Motor Company’s decision to discontinue production of the Crown Victoria. Replacement models are smaller, have less interior dashboard space and will 7 not allow the NSO to re-use much of the equipment that is routinely installed, both externally and internally, on the patrol cars. New equipment and installation brackets will need to be purchased as the old Crown Vics wear out and new patrol cars are rolled out on streets. Additional budget information is provided in the Napa County Adopted Budget, Fiscal Year 2012/2013, pages A112 through A117 (Appendix C). Napa County is one of two counties in California with a jail that is not supervised by the Sheriff. The Grand Jury was unable to compare the NSO budget to Sheriff’s budgets in similar counties because of the inclusion of jail facilities and differences in accounting and budget practices in other counties. METHODOLOGY The Grand Jury conducted 24 interviews with staff and administrators from the NSO and other county agencies and visited the NSO and Coroner’s facilities on Airport Boulevard on 3 separate occasions. Written policies and procedures currently in use by the NSO Services Division and Coroner’s Office were reviewed together with various several other documents including: (cid:120) Contracts between the NSO and American Canyon, Yountville, City of Napa and Napa County Office of Education for law enforcement and animal control services (cid:120) Agreements with the forensic pathologist, tissue bank and Tulocay Mortuary (cid:120) 2012/2013 Napa County Budget (cid:120) Napa County Budget Performance Measurement Report, Fiscal Year 2012/2013 (cid:120) NSO 2011 Year-end Report (cid:120) NSO Allocation Chart dated October 2012 (cid:120) Proposition 172 information spreadsheet and trend analysis (cid:120) Problem-Oriented Policing Program pamphlet and Hunter Education program pamphlet 8 DISCUSSION I. Coroner’s Office/Morgue Duties and Responsibilities Tasked with determining the time and cause of unattended, violent or suspicious deaths in Napa County, this division utilizes state-of-the-art technology and equipment together with personnel who are highly skilled and trained in this specialized area. The Coroner’s Office is staffed with two specifically assigned Coroner Investigators, a medical secretary, a contract forensic pathologist, and two part-time forensic autopsy technicians. The Coroner’s Office works not only in the unincorporated area, but within every jurisdiction in Napa County including the Cities of Napa, American Canyon, St. Helena and Calistoga. Every Sheriff’s Deputy in Napa County is also considered a deputy coroner; however, only those specifically assigned to the Coroner Investigator position received specialized training and work full-time as Coroner Investigators. Appendix D, a page from the NSO 2011 Year-end Report, provides some general information on the Coroner’s Office. Coroner Investigators Coroner Investigators are responsible for locating and notifying next of kin and securing the residence and/or property of a deceased individual when applicable. Certain items of personal property including jewelry, cash or other valuables, when appropriate, may be cataloged and taken to the Sheriff’s Office for safekeeping. The deputies assigned as Coroner Investigators receive specialized training through formal course work and practical experience. Deputies who accept an assignment as Coroner Investigator are routinely rotated back into field operations after 3 to 5 years due in part to the stressful nature of their duties. The rotation of this duty also provides the department with field officers who possess the knowledge and experience necessary to properly secure the site of a death or homicide prior to the arrival of a formally assigned Coroner Investigator. Experienced deputies share their knowledge with other field officers further enhancing the department’s efficiency. Forensic Pathologist Beginning in January 2011 the NSO contracted for the services of a forensic pathologist who serves both Napa and Marin Counties under separate contracts. The duties of the pathologist include all autopsy services: reviewing medical records, dissection and examination of remains, ordering toxicology and other tests, recording the autopsy findings and, when necessary, testifying in Court proceedings. Written NSO Coroner Procedures set forth the criteria for autopsies as follows: 9 a. When conducting a medical history or external examination determines that an autopsy is necessary. b. Whenever foul play or criminal activity is suspected to be involved in affecting death, including the death of a fetus. c. The death is suspected to be the result of Sudden Infant Death Syndrome (SIDS). d. Vehicle accidents under the following circumstances: (1) Autopsy the driver (2) Any passengers or pedestrians – may be external review by a pathologist (3) Upon valid request by law enforcement. e. Industrial accidents resulting in death. f. “Found” cases in which the decedent died alone and there is no medical history known. g. All decomposed bodies. h. Therapeutic misadventure unless substantiated with extensive medical documentation. Pursuant to the terms of a January 2011 contract, the pathologist receives a fixed monthly fee of $10,000 per month. Should more than 120 autopsies be required in a fiscal year the contract calls for the payment of an additional $1,000 per autopsy. Over the past few years, the Coroner’s Office has averaged fewer than 100 autopsies per year. In 2012 there were 85 autopsies, 45 medical record reviews (not requiring autopsy) and 20 external examinations with toxicology tests. The Grand Jury observes that Napa County is very fortunate to have the services of this very well qualified and conscientious forensic physician. The pathologist, though not based in Napa County, is available by telephone 24 hours per day, seven days per week. The doctor is able, in most cases, to travel to Napa to perform autopsies on short notice and is normally in Napa once or twice per week. He is contractually obligated to provide a qualified substitute should he be absent or unavailable. Because the contract pathologist is a solo practitioner, the Grand Jury inquired as to how the Coroner’s Office would handle a sudden or unexpected loss of the doctor’s services. The NSO acknowledges that there is a nationwide shortage of qualified forensic 10 pathologists and the replacement of the current contractor would likely require a nationwide recruitment effort. An interim measure may require the use of a previous contractor. Coroner’s Facilities (The Morgue) The Grand Jury was first drawn to the subject of the Napa County morgue following the publication of the 2011-2012 Marin County Grand Jury Report concerning that county’s lack of a formal Coroner’s facility. The Marin County report indicated an agreement with Napa for the performance of certain autopsies. During this investigation, the Napa County Grand Jury learned that Marin does in fact utilize the NSO Coroner’s facilities for autopsies a few times per year. Marin pays an average of $1,250 for an autopsy with X- rays. Most, if not all, of the cases brought to Napa from Marin require X-rays and Napa’s in-house X-ray capability is the primary reason for other counties to bring remains to Napa for a full autopsy. Marin continues to utilize a funeral home to perform the majority of its autopsies, a practice that was utilized by Napa County prior to the building of the facility on Airport Boulevard in 2005. The Airport Boulevard Coroner’s facility is still considered state-of-the-art some 8 years after opening. The autopsy suite is equipped with X-ray equipment, video and photographic equipment, a microphone that allows the forensic pathologist to dictate notes during an autopsy procedure, and a glass viewing area that avoids cross- contamination issues while allowing investigators a close up view of autopsy proceedings. Coroner Investigators are routinely present in the autopsy room during procedures to photograph and document autopsy findings. Forensic autopsy technicians are responsible for cleaning the room both before and after an autopsy. Judging from the Grand Jury’s observation of the room, they are meticulous in their work. Coroner’s Records Coroner’s reports and records, until recently, were recorded in a computerized system separately from other NSO records. The NSO and Napa County Information Services recently began a migration of Coroner’s records into a program called iLeads which is shared by the entire NSO. The previous system became obsolete as new and improved software and technology came into the market and began conflicting with the older software. The system was overloaded with data and became unusable. iLeads will allow criminal investigators to quickly access Coroner’s records. The Grand Jury also learned that a system of typewritten index cards, dating back to the 1950’s, continues to be updated and utilized in the Coroner’s Office despite the availability of powerful computer data entry and retrieval systems. The Grand Jury believes that creating new typewritten index cards for inclusion in the old system is redundant and a waste of staff’s time. We recommend that staff instead use that time to enter the information from the old index card system into the electronic system so that all Coroner’s case records eventually become retrievable from a single database. II. Technical Services/Records Section This Technical Services/Records section (Records section) of the NSO is responsible for a wide variety of tasks: (cid:120) Storage, retrieval and management of all official NSO reports, records and statistical information (cid:120) Sexual offender/Drug offender/Arson offender registration (cid:120) LiveScan fingerprinting (cid:120) Processing of concealed weapons permits (cid:120) Processing of arrest warrants (cid:120) Processing booking records (cid:120) Processing NSO reports (cid:120) Misdemeanor and Infraction citations (cid:120) Civil Process including services of summons and complaints, levies, writs, evictions, restraining orders and other notices and court orders Recordkeeping and Daily Duties The Records section manages all official NSO reports and records together with all Napa County booking records and arrest warrants. Records section staff also report statistical data to state and federal agencies. The Records section is staffed by approximately 8 to 10 legal clerks and two supervisors and is in operation 24 hours a day, 365 days a year. Two staff members are generally assigned to handling warrants and writs while the remaining staff members work with the public, assist field officers and process reports. Daily public interaction for Records section staff includes LiveScan fingerprinting services which take place by appointment every 15 minutes between 8 and 5 during weekdays, vehicle impound releases, concealed weapon permit applications, registration for narcotic, sex and arson offenders, record requests and other items. Sorry, Cash or Check Only The Grand Jury learned that Records section staff members are unable to accept credit or ATM cards and this creates an inconvenience for the public. The NSO charges a low “roll” fee for LiveScan fingerprinting which makes it a popular option to higher priced commercially owned LiveScan services in the Napa area. The roll fee, however, is only a part of the total LiveScan fee which is determined by the type of activity (i.e., notary public, non-profit volunteer, etc.) and by the agency processing and/or recording the 12 prints. The unpredictability of the final cost becomes an issue for citizens who bring too little cash or do not have their checkbook requiring either a second trip to Airport Boulevard and/or a visit to nearest bank. A previous plan to accept credit/ATM cards was rejected due to related costs. The Grand Jury believes this should not be an insurmountable issue since other local governmental agencies now accept credit and debit cards through third party contractors whose fees are passed directly to the customer. The Grand Jury encourages the NSO and the Napa County Board of Supervisors (BOS) to locate and contract with a third party credit card merchant service such as those utilized by the Napa County Tax Collector and the Napa County Clerk. Civil Process Civil process requests include the service of summons and complaints in civil lawsuits; Small Claims documents; restraining orders; civil warrants; eviction notices and other court orders. NSO deputies are assigned the task of personal service. Writs and levies on bank accounts, business property, vehicles and other assets of a judgment debtor are also executed by Records section staff. Supervising officers oversee planning and logistics in complex cases such as the seizure of a grape crop, unbottled wine, livestock or other non- monetary property. The NSO is often responsible for the movement, storage and, at times, the sale at auction of a wide variety of property. Probation Information Field officers receive support from Records clerks who verify that information on probation terms and warrants are current. The Grand Jury learned that there was a recent information gap between the Probation Department and the NSO. Over one year ago the Probation Department stopped a long-standing practice of providing the NSO with monthly lists of probationers in Napa County reasoning that the lists became obsolete because of the constantly changing probation terms. Those changes were unknown to NSO staff until the next monthly list was issued. Interim changes in probation terms and status may have caused field officers to detain and/or search individuals who were no longer subject to probationary search and seizure. A new 24-hour phone line is now in place that allows the NSO and other law enforcement agencies in Napa County to seek live information from the Probation Department when questions arise related to individuals subject to probation. III. Evidence/Fingerprint (CSI) Lab The NSO Evidence Lab is staffed by two experienced, well-trained and FBI certified Evidence Specialists and one Evidence Technician. Fortunately for the citizens of Napa, these “CSIs” are not often found processing murder scenes as depicted on popular television shows, but they are certainly well trained to do so. The NSO lab is primarily a “fingerprint” lab. Evidence collected by NSO deputies and/or lab staff is processed for fingerprints which are photographed and compared to the prints 13 of known suspects and/or electronic databases such as the Automated Fingerprint Identification System (AFIS). In cases involving John Doe victims, evidence specialists collect and analyze the victim’s fingerprints for identification. The NSO lab staff’s expert work is not always limited to Napa County as evidenced by their recent work with the Fairfield PD to successfully identify a young homicide victim. Lab workers also collect digital camera memory sticks loaded with photos taken by deputies. It is their job to copy the photos onto duplicate CDs which are stored separately from other evidence. The system of storing crime scene photos on CDs is less than optimal and more advanced storage systems are available. CDs are subject to damage and may be lost or misfiled. The shelf life of a CD is also in question. A secure server with state-of-the-art photo management software and an appropriate back-up system would enhance not only the storage of photos but would also speed the retrieval and copying process. The NSO is encouraged to continue its work with County IT to budget and set up a secure computerized photo management system for crime scene photographs. Though collected and indexed by NSO staff, blood and DNA evidence is not processed at the NSO lab. All ballistics, toxicology, DNA and blood evidence is sent either to the Department of Justice in Santa Rosa or Sacramento or to specialized private forensic laboratories. Specialized forensic testing equipment is very expensive and Napa County is fortunate that our low crime rate does not justify the expense of purchasing and maintaining this equipment at the NSO. The Grand Jury understands that the laboratory staff has received excellent training and is very familiar with the proper methods of handling DNA samples. However, we found the section of the policies and procedures relating to the collection and preservation of DNA evidence to be insufficient in that it consists solely of pages taken from the Journal of Forensic Identification, Vol.41, No.5 dated Sept/Oct 1991, which indicates the information is more than 20 years old. The purpose of written policies and procedures is to ensure consistency and provide guidance to all NSO staff on proper protocols. The Grand Jury recommends the immediate development of a proper policy and procedure for DNA sampling and handling. IV. Property/Evidence Room The Property Room is presently staffed by two very experienced civilian members of the NSO. The volume of work and recent staff absences has required the part-time use of an Evidence Lab technician in the Property Room. Property Room staff manages storage of criminal evidence, found items and property taken for safekeeping. They are responsible for the secure storage and eventual removal or destruction of property and evidence under clear NSO policies and procedures. As a matter of policy the NSO uses redundancies in paper and computer records to avoid evidence tampering or theft. The Grand Jury visited the Property Room on two separate occasions in the presence of an NSO officer and staff member. We observed a large amount of property that was 14 bagged or boxed as well as many bulky items that were neatly shelved. It appeared the Property Room was quite full with little room for new evidence to be properly housed. Also observed were a fair number of items either left out on a table or on the floor. The Grand Jury found the Property Room staff to be competent and conscientious. Policies and procedures are clear and appear to be carefully followed. The staff members are all long-term employees who are known among their colleagues for their integrity. As the Property Room fills with evidence, it falls to the staff to identify and process for removal any items that can be returned, sold or destroyed. Evidence related to murder and sex crimes must remain securely housed indefinitely. The vast majority of evidence at the NSO, however, relates to less serious crimes. The destruction of evidence following the adjudication or dismissal of a criminal matter requires a Court Order. The Napa County District Attorney’s office (DA) is also required to approve any such destruction. The Grand Jury learned through testimony that the process to obtain Court approval for destruction had been slowed because the NSO was not receiving responses from the DA. Our investigation revealed that the DA was most recently provided a list that included approximately 150 adult and juvenile cases. The list lacked sufficient information in many cases for the DA to make a knowledgeable assessment. Additionally, that fact coupled with the mix of adult and juvenile cases and the large volume of case names and numbers, was slowing the DA’s response to the NSO. The efficient operation of the NSO Property Room is, in part, dependent upon its staff being able to purge items of no further use. It benefits the NSO, the DA and the citizens of Napa County to have a Property Room that is capable of efficiently housing and retrieving evidence in criminal matters. The Grand Jury sees a definite need for the NSO and DA to work together in the development of streamlined, written procedure that will allow the DA to quickly research and either approve or deny the destruction order request, while allowing NSO staff to efficiently purge evidence that is no longer useful. The Grand Jury also believes that the Property Room is understaffed. It is understood that the NSO utilizes the services of officers on restricted duty and a member of the Evidence Lab to assist staff. The Grand Jury finds that the addition of at least a part-time staff member dedicated to the Property Room will enhance efficiency and avoid backlogs in indexing and securely storing new evidence as well as purging the old. FINDINGS

The Records section is unable to accept credit/debit card payment for fees associated with LiveScan services, copies of reports, or other services to the public.

The Evidence Laboratory currently stores all crime scene photographs taken by deputies on CDs.

The Grand Jury found that the NSO has no written standard operating procedure that appropriately describes the proper manner of collection and preservation of DNA.

The Property (Evidence) Room becomes overloaded periodically and court orders for destruction of evidence related to closed or dismissed cases have been impeded due to a lack of coordinated inter-departmental procedure.

The Property (Evidence) Room is understaffed and is currently utilizing a person from the Evidence Laboratory to fill the gap in staffing.

There was a delay in receiving the ballot information pamphlets which may have led to some voters to mail in their ballots without sufficient information.

Logic and Accuracy testing of polling machines was carried out by Election Staff and election partners prior to the 2012 General Election. It was observed by the Grand Jury that proper procedures were followed.

The Grand Jury found that the transfer of ballots from county polling places to the Election Office and the handling and counting of polling place ballots on Election Day followed proper procedures.

Security measures for handling, maintaining chain of custody, storing and counting ballots appear to be adequate.

The Grand Jury observed inconvenient access for the public to the election office facilities during the hectic general election periods. There is a need for more office storage space during the busy general election periods.

The Grand Jury found that the Election Division has no formal archive of complaints from the public. 14