San Joaquin County Final Report

Note: Missing finding numbers detected: F6, F7

Conclusions 79

• CL1
  Parks and Recreation Benchmarking and Assessment Report, David Taussig and Associates, Inc., June 4, 2018. 30 31 San Joaquin County Grand Jury Micke Grove Zoo: Honoring the Past, Securing the Future 2018 - 2019 Case #0218 32 Summary Micke Grove Zoo has long been considered a crown jewel within the San Joaquin County park system. However, over a period of years, the Zoo has lost some of its luster. Though still a favorite of many County residents, Micke Grove Zoo has suffered from inadequate funding and outdated facilities. Loss of accreditation, a failed Master Plan, and multiple departmental reorganizations have further compounded the challenges for this County-owned facility. The San Joaquin County 2018-2019 Civil Grand Jury investigated the current operations at Micke Grove Zoo after receiving complaints alleging inadequate staffing and funding. The investigation revealed numerous findings regarding the Zoo, including: • Lack of a Policies and Procedures Manual • Lack of a Separate Itemized Budget • Insufficient Staffing • Deteriorating Infrastructure and Outdated Exhibits • Performance Issues with Micke Grove Zoological Society • Lack of a Vision and Master Plan for the Zoo • Lack of Secured Funding Sources to Improve the Zoo This report identifies numerous recommendations and opportunities to improve current operations at Micke Grove Zoo, and to create and fund a vision for the Zoo. These recommendations include: • Developing a Master Plan • Seeking Affordable Accreditation • Renegotiating the Operating Agreement with Micke Grove Zoological Society • Identifying and Pursuing Funding Sources to Improve the Zoo These recommendations will not only help to improve Micke Grove Zoo today, but establish a vision and blueprint for the Zoo in years to come. Glossary • AZA: Association of Zoos and Aquariums • County: San Joaquin County • GFAS: Global Federation of Animal Sanctuaries • MGZS: Micke Grove Zoological Society • Taussig Report: Parks and Recreation Benchmarking and Assessment Report (June 2018) • ZAA: Zoological Association of America • Zoo: Micke Grove Zoo 33
• CL2
  County of San Joaquin Proposed Budgets, 2011/2012 through 2018/2019
• CL3
  Stockton Police Department. “Strategic Plan 2017-2019”
• CL4
  Stockton Record. 2019. “Want to join SPD? Deadline is Friday for March testing.” March 2. Recordnet.com 72
• CL5
  Highfill, Bob. 2019. “Pat Withrow becomes SJ County’s 25th Sheriff Monday and has big plans for the department.” January 5. Recordnet.com
• CL6
  Salonga, Robert. 2011. “Serial slaying investigators’ determination closes the mystery on 1977 Walnut Creek murder.” July. Bay Area News Group.
• CL7
  Davis, Rob. 2015. “Identifying Best Practices for Solving Cold Cases.” August. cebcp.org
• CL8
  National Institute of Justice. “NIJ Award Detail: Sacramento County District Attorney’s Office Laboratory of Forensic Services.” Nij.gov
• CL9
  Coldcasefoundation.org
• CL10
  State of California Department of Justice. “Proposition 69 (DNA)” oag.ca.gov
• CL11
  State of California Department of Justice. “Annual DNA Identification Fund Report for 2017” oag.ca.gov
• CL12
  Sciacca, Annie. 2019. “Contra Costa Sheriff’s Office to add Rapid DNA technology to its arsenal.” January 18. Bay Area News Group.
• CL13
  National Institute of Justice. 2002. “Using DNA to Solve Cold Cases.” Nij.gov
• CL14
  National Institute of Justice. 2002. “The Long and Short of DNA.” Nij.gov
• CL15
  Woolfolk, John. 2018. “Why is California fighting over collecting Criminals’ DNA?” May 5. mercurynews.com
• CL16
  Botts, Jackie. 2019. “California man who spent 39 years in prison gets $21 million for wrongful conviction.” February 26. REUTERS. mercurynews.com
• CL17
  Tracy Press. 2018. “Cold murder case closed.” November 29. goldenstatenewspapers.com 27. “STRmix” esr.cri.nz
• CL18
  California Statewide Law Enforcement Association. 2018. “New DNA Technology Credited for Arrest & Conviction of Stockton Woman’s Killer.” November 27. cslea.com
• CL19
  Gafni, Matthias. 2018. “Exclusive: The woman behind the scenes who captured the Golden State Killer.” August 27. Bay Area News Group.
• CL20
  Gafni, Matthias. 2018. “UC Berkeley employee arrested in notorious NorCal Rapist cases using Genetic Genealogy website.” September 21. Bay Area News Group.
• CL21
  Finley, Allysia. 2019. “The Making of a DNA Detective.” February 16-17. The Wall Street Journal.
• CL22
  Brown, Kristen V. 2019. “Major DNA testing company sharing genetic data with the FBI.” February 4. Bloomberg.
• CL23
  Pollack, Andrew. 2015. “Building a Face, and a Case, on DNA.” February 23. The New York Times.
• CL24
  County of Santa Clara, Office of the District Attorney. “Cold Case Unit” scc.gov
• CL25
  Leigh, Vivian. 2018. “New proposal could spark nationwide cold case law.” December 20. NewsCenterMaine.
• CL26
  San Joaquin County, District Attorney’s Office. “Victim Rights” sjgov.org
• CL27
  Goldeen, Joe. 2019. “Precinct walk continues search for gunman, answers.” March 10. Stockton Record. Recordnet.com
• CL28
  Cohen, Sam. 2013. “Vigil Held for Victims of Unsolved Homicides.” December 6. Fox40.com
• CL29
  Dunlap, Kamika and Grady, Barbara. 2016. “Oakland cold cases no longer on the back burner.” August 15. Bay Area News Group.
• CL30
  Anderson, Jason. 2015. “Hot on the trail of cold cases.” April 15. Stockton Record. Recordnet.com 73 Appendix A: DNA Evidence DNA is the fundamental building block for an individual’s entire genetic makeup. The DNA in a person’s blood is the same as the DNA in their skin cells, saliva, and other biological material. Each person’s DNA is unique, with the exception of identical twins. Therefore, DNA evidence collected from a crime scene such as a homicide or sexual assault, can implicate or eliminate a suspect. Old cases that were previously thought unsolvable may contain valuable evidence capable of identifying the perpetrator. DNA can also be used to analyze unidentified remains through comparison with DNA from relatives. The Combined DNA Index System (CODIS) is a computer network that connects forensic DNA laboratories at the local, state, and national levels. When a DNA profile is developed from crime scene evidence and entered into CODIS, the database software searches thousands of convicted offender DNA profiles to determine a possible match. CODIS also has a missing persons index which contains DNA profiles of unidentified remains, as well as DNA profiles of relatives of those who are missing. In 2004, California voters approved Proposition 69 to further expand DNA collection to include all persons arrested for a felony. The result has been that California now maintains the largest state DNA database in the country and the third largest in the world. Although DNA is not the only forensic tool available for the investigation of unsolved cases, advancements in DNA testing and the success of the DNA database system have inspired law enforcement agencies throughout the country to reevaluate cases previously thought unsolvable. DNA testing has even been used to exonerate more than 350 inmates since 1989. Appendix B: Innovative Techniques STRmix is a recently developed forensic software that can resolve previously unresolvable mixed DNA profiles. STRmix software combines biological modeling and mathematical processes to achieve results not possible with traditional DNA methods. This new DNA technology was credited for a recent arrest and conviction involving the 2012 rape and homicide of an elderly Stockton woman. The investigation by the Stockton Police Department and the CA DOJ Forensics Services laboratory in Ripon continued until 2016, when new STRmix DNA interpretation software used by the laboratory conclusively identified the suspect’s DNA on items from the crime scene. The CA DOJ laboratory had previously been unable to separate DNA mixtures of different people. However, STRmix looks at many more factors in DNA mixtures, allowing a suspect to be identified from a mixture of DNA from different people. Rapid DNA technology has shortened the DNA test time from weeks to about ninety minutes by inserting a swab of DNA into a cartridge and putting that into a machine for analysis. In the past, law enforcement agencies had to send DNA samples to government labs and wait for test results, 74 which could take days or weeks. A federal bill passed in 2017 allows law enforcement agencies to use rapid DNA technology to perform real-time DNA testing at their booking stations immediately following arrests. These samples are then compared to profiles in CODIS for possible matches. The same technology has also been used to identify victims of the deadly Camp Fire in Butte County. The Contra Costa County Board of Supervisors recently authorized the Contra Costa Sheriff’s Department to spend approximately $97,000 to purchase the RapidHIT ID System to enhance their investigative operations. Genetic genealogy is the innovative method used to identify and arrest the suspected Golden State Killer in 2018. Using an untouched Golden State Killer DNA sample from a Ventura County crime lab, the FBI created a profile to load onto the public genealogy website GEDmatch, a freely accessible ancestry database where people submit DNA to find relatives and determine lineage. A team led by retired Contra Costa County District Attorney Paul Holes and volunteer Genetic Genealogist Barbara Rae-Venter, dug as far back as the suspect’s great-great-great grandparents’ lineage to make progress. The team created multiple family trees, then narrowed down suspects through physical attributes of the killer gleaned from DNA, as well as information such as where the killer might have lived. After a DNA match with a second cousin, investigators were able to zero in on Joseph DeAngelo as their suspect. Since the arrest of DeAngelo, many other cold cases have been solved using the same methods. In fact, Rae-Venter later trained the Sacramento County District Attorney investigators who were able to use same method of genetic genealogy and DNA analysis to arrest the NorCal Rapist, a serial rapist believed to have terrorized women in six counties starting in the 1990’s. Sacramento County District Attorney Ann Marie Schubert stated that investigators were able to load the suspect’s profile to GEDmatch and arrest the suspect ten days later. There is even optimism that within a few years, most cold cases will be solvable with public data. GEDmatch contains data from more than 1.2 million individuals and is adding 1,000 to 2,000 genetic profiles each day. One geneticist estimates that profiles from three million Americans of European descent could identify 90% of people within this demographic. Recently, FamilyTreeDNA, another prominent consumer DNA testing company, advised that it has granted the FBI limited access to its nearly two million genetic profiles. The immediate result of this decision is that it more than doubles the amount of genetic data that is already accessible to law enforcement through GEDmatch. It should be acknowledged, however, that there is some opposition to utilizing genealogical databases to identify offenders. Such criticism is based upon privacy concerns and will no doubt result in future litigation and legislation of this issue. DNA phenotyping is an additional innovative technology that is generating interest for cold case investigations. DNA phenotyping is an attempt to use forensic DNA technology to determine physical traits. It is an evolving science being utilized by such companies as Parabon Nanolabs. Computer technology is used to generate a sketch of a possible subject based solely on DNA found 75 at the scene of a crime. This is an emerging technique that may eventually provide valuable assistance in cold case investigations or identification of human remains. 76 San Joaquin County Grand Jury Tracy City Council: Restore the Public Trust 2018 - 2019 Case #0418 77 Summary The City Council of San Joaquin County’s second largest city was the target of multiple complaints that warranted the attention of the Grand Jury. Over the past several years, the Tracy City Council has developed a reputation for its inability to work together as a collegial legislative body. The 2017-2018 Grand Jury recommended the Tracy City Council adopt an Ethics Policy that governs the behaviors of their elected officials, by October 31, 2018. However, to date, the City Council has been unable to agree on the content or language of an Ethics Policy. Along with the Council’s public discord, a pattern of power politics surfaced in a consistent 3/2 voting bloc that led to the terminations or forced resignations of the City Manager, Assistant City Manager, and the Chief of Police. The unexplained departures of the City’s administrative leaders created an unstable work environment at City Hall. Morale was further damaged through the increasing interference of Council members into the City’s business operations. This open disregard for the City’s Council- Manager form of government further contributed to a difficult work environment for many of the City’s talented staff members. Through its investigation, this Grand Jury identified several opportunities for implementing changes that will ensure a more harmonious and productive City Council, as well as providing additional safeguards for City administrators and staff: • Council members must agree on an Ethics Policy that will help them work together more effectively and respectfully. • Individual Council members must stifle their personal animosity toward fellow members and show the public they can work together more civilly. • Give the Tracy voters more control over Council vacancy appointments. • The City Manager and City Attorney should be shielded from power politics and shifting alliances by requiring a supermajority vote for their termination. These measures will build a more effective Tracy City Council and begin to restore the public trust. This will result in stable leadership that will enable the City’s capable staff to better meet the needs of this community. Glossary • City Council, Council, Council members: For the purpose of this report these terms are interchangeable and generally refer to the entire five-member Tracy City Council, including the Mayor. • Council-Manager form of Government: A form of municipal government in which the city manager functions as the chief executive of the city, overseeing the day-to-day operations of the city, and serving as the chief advisor to the city council. • Ethics Policy, Code of Conduct, Code of Ethics and Conduct: A set of principles used to guide conduct and decision making. For the purposes of this report these terms are interchangeable. 78 • ICMA: International City Managers Association • Supermajority: In the case of the Tracy City Council, at least four out of five. • Voting Bloc: A group that votes together for a common agenda which dominates their voting pattern.
• CL31
  San Joaquin County Superior Court Case #29176, for the Estate of William G. Micke, filed June 14, 1977, Petition for Instruction.
• CL32
  San Joaquin County Superior Court Case #29176, for the Estate of William G. Micke, filed July 6, 1977, Order Instructing Trustee and Beneficiary.
• CL33
  Internal Revenue Service Code 26 CFR 1.509(a)-4(1) and (j).
• CL34
  San Joaquin County Parks and Recreation proposed budgets. https://www.sjgov.org/department/cao/county_budget
• CL35
  San Joaquin County Board of Supervisors Budget Hearing, June 28, 2011, item number 15. http://sanjoaquincountyca.iqm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=15 86&MinutesID=1522&Format=Minutes&MediaFileFormat=wmv
• CL36
  Creation of a Park Endowment Trust, Board Order 86-1222, approved by Board of Supervisors, May 26, 1987.
• CL37
  Resolution to establish Micke Grove Trust Account, adopted by the San Joaquin County Board of Supervisors, January 14, 1986
• CL38
  Establishment of a Parks Special Projects Trust Fund, Board Order B-18-772, adopted by the San Joaquin County Board of Supervisors, December 4, 2018.
• CL39
  Staff Report to Reduce Reliance on Parks and Recreation Trust Funds for Operations dated March 26, 2012, presented to the San Joaquin County Board of Supervisors and approved April 10, 2012.
• CL40
  There are more than 500 cold case homicides in San Joaquin County, including at least 12 homicide victims whose remains have never been positively identified. The exact 50 number of cold case homicides is unknown due to the lack of a consistent “cold case” definition and the lack of a digitized tracking system.
• CL41
  Cold case homicide investigations in San Joaquin County rarely result in case closure, arrest or prosecution. This is a contributing factor to the increasing number of cold case homicides in San Joaquin County.
• CL42
  There is insufficient staffing and funding for cold case investigations in San Joaquin County due primarily to financial limitations and lack of priority. Major Recommendations
• CL43
  The San Joaquin County Sheriff and the San Joaquin County District Attorney utilize budget options and staffing reassignments as necessary to provide the equivalent of at least three full-time Sheriff’s Detectives and at least two full-time District Attorney’s Investigators dedicated solely to cold case investigations no later than December 31, 2019.
• CL44
  The City of Stockton utilize budget options and staffing reassignments as necessary to provide the equivalent of at least three full-time Police Detectives dedicated solely to cold case investigations no later than December 31, 2019.
• CL45
  The San Joaquin County District Attorney’s Office establish a Cold Case Task Force and each law enforcement agency in San Joaquin County sign a Partnership and Cooperation Agreement with the Cold Case Task Force no later than March 31, 2020.
• CL46
  Each law enforcement agency in San Joaquin County expand their definition of “cold case” to include missing persons with suspicious circumstances, and sexual assault (forcible rape and attempted rape), in addition to homicide no later than March 31, 2020.
• CL47
  Kaste, Martin. 2015. “Open Cases: Why One-Third of Murders in America Go Unresolved.” NPR. March 30. npr.org
• CL48
  Hargrove, Thomas. 2018. “Cold Case Homicide Statistics.” projectcoldcase.org
• CL49
  Gartrell, Nate. 2018. “This is rampant throughout law enforcement: Key evidence in Bay Area cold murder cases sat on shelf for years.” Bay Area News Group. July 17.
• CL50
  Robert C. Davis. Carl Jensen, and Karin E Kitchens. 2012. “Cold-Case Investigations: An Analysis of Current Practices and Factors Associated with Successful Outcomes.” Rand Corporation.
• CL51
  National Institute of Justice. “What is a Cold Case?” NIJ.gov
• CL52
  Bowers, Wes. 2019. “While homicides rose in Lodi, other types of crime decreased in Lodi in 2018.” January 10. Recordnet.com
• CL53
  Ripon Police Department. “Annual Crime Statistics.” riponpd.org
• CL54
  Kaste, Martin. 2015. “How Many Crimes Do Your Police ‘Clear’? Now You Can Find Out.” NPR. March 30. npr.org
• CL55
  The French Camp McKinley Board of Directors initiate and implement the process for consolidating with another fire district.
• CL56
  The San Joaquin County Board of Supervisors conduct an independent review to ascertain whether French Camp McKinley Fire District is the most viable option for providing fire protection services for this important jurisdiction.
• CL57
  Update and follow the District’s Policy Manual in order to ensure grievances and employee complaints are appropriately resolved and firefighter’s rights are protected.
• CL58
  The French Camp McKinley Board of Directors adopt and follow the San Joaquin County Best Practices for Accounting and Reporting for Locally-Governed Special Districts to ensure sound fiscal management. The magnitude of the issues facing the French Camp McKinley Fire District will require years of dedicated effort to resolve. Considering the historical inadequacy of its Board of Directors, it is unlikely that the District can resolve these issues on its own.
• CL59
  California Health Care Facility
• CL60
  Deuel Vocational Institution
• CL61
  Peterson Juvenile Hall
• CL62
  San Joaquin County Men’s Jail and Honor Farm The following documents submitted by the San Joaquin County Sheriff were reviewed:
• CL63
  Policy 300 – Use of Force
• CL64
  San Joaquin County Sheriff’s Department Custody Division Policies and Procedure Section: 3.2.0, Subject: 3.2.3, Inmate Management, Classification The following document submitted by the California Health Care Facility was reviewed:
• CL65
  California Department of Corrections and Rehabilitation, fact sheet (July 2018) The following documents submitted by Peterson Juvenile Hall were reviewed:
• CL66
  San Joaquin County Juvenile Detention Facilities Youth Handbook (revised November 2018)
• CL67
  San Joaquin County Juvenile Detention Facilities Information Packet The following documents submitted by Deuel Vocational Institution (DVI) were reviewed:
• CL68
  DVI Grand Jury Presentation Pamphlet (February 2019)
• CL69
  California Code of Regulations, Title 15. Crime Prevention and Corrections
• CL70
  Alternative Custody Program Participant Handbook (May 2010)
• CL71
  Deuel Vocational Institution Reception Center Inmate Orientation Handbook (Revised 2018)
• CL72
  Getting Out by Going In (GOGI) Studies Enrollment Form
• CL73
  Reduce gang-related violence in Stockton,
• CL74
  Reach out to gang-related youth and young adults, and
• CL75
  Provide resources for youth to avoid a gang lifestyle and to become productive members of society. The Peacekeepers “respond to areas where violent crimes have occurred to talk with the youth and their families to prevent retaliation”. They mentor youth and young adults with the highest risk of gang involvement, particularly serious gun-related violence, and provide positive alternatives for a healthier, non-violent lifestyle. The Peacekeepers have played a key role in local efforts to reduce gang homicides. The major criticisms of the program were a lack of accountability to the citizens of Stockton for its spending and that no data was provided to demonstrate the program’s effectiveness in reducing gun violence.
• CL76
  If the agencies’ responses were complete and comprehensible;
• CL77
  If the agency would implement the recommendations within the stated deadlines; and
• CL78
  If confirmation was necessary. Confirmation could include written documentation, interviews or site inspections.
• CL79
  If the agency’s responses were complete and comprehensible;