Stations Santa Barbara County Bill Brown Sheriff - Coroner Buellton Headquarters*

Published: May 29, 2024 10 pages

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⚠️ Aviso de traducción: Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

Findings and Recommendations 1 findings

There is a real or perceived conflict of interest in investigating and conducting pathological exams related to deaths in custody that can be avoided or mitigated by having a separate Medical Examiner's office (inclusive of a separate investigative detective unit) or outsourcing those specific cases to an independent agency. Sheriff's Office Response Disagree We respectfully disagree with this Finding. While the Grand Jury's concerns about the potential for a perceived conflict of interest is recognized, it is our position that the current structure of the Santa Barbara County Sheriff-Coroner's Office operates effectively and within the bounds of California law, and that it maintains rigorous standards to prevent such conflicts. Santa Barbara County is one of 48 out of 58 counties in California that has adopted the Sheriff-Coroner model. Our operations and procedures have continuously evolved to meet both legal requirements and our commitment to transparency and accountability. It is not by accident that the Sheriff-Coroner model is utilized by over 80% of California counties, including large, medium, and small ones in terms of population and geographic area. Most counties use this model because it provides significant efficiencies and cost savings to taxpayers compared to other available models. The Santa Barbara County Coroner's Bureau boasts a team of highly trained and seasoned professionals, comprising deputy coroners, forensic pathology assistants and a forensic pathologist, whose collective experience in medicolegal death investigations totals an impressive 188 years. This team is committed to serving our communities with unparalleled dedication, and each member is equipped with the expertise to meticulously investigate unexpected deaths that occur within our county. The coroner's investigators collaborate closely with the Bureau's forensic pathologist, a highly trained and specialized medical doctor with a valid California medical license who is a member of the National Association of Medical Examiners (NAME) and the International Association of Coroners & Medical Examiners (IACME). Our forensic pathologist's medical career spans 33 years. His experience is extensive, having performed over 2000 autopsies and observed thousands more. His expert testimony has been instrumental in over 100 cases in state and federal courts. When needed, the Santa Barbara County Sheriff-Coroner utilizes third-party expert forensic services to supplement our internal capacities in special cases, such as forensic anthropology. This multidisciplinary approach ensures that cause and manner of death determinations are made with input from both investigative and medical perspectives, which is common even in jurisdictions that utilize a medical examiner or separate coroner system. Given the capability and proven performance of the Santa Barbara County Sheriff-Coroner's Bureau, and the County's ongoing fiscal challenges, we believe that the current integrated Sheriff- Coroner model does not compromise our ability to conduct impartial, thorough and highly ethical investigations into in-custody deaths that occur within Santa Barbara County.

Related Recommendations (2)

R1a

To avoid a potential conflict of interest in having the Sheriff-Coroner's office conduct deaths in custody investigations, the Sheriff-Coroner's office shall request another Santa Barbara County agency to conduct either an independent or parallel investigation for all deaths in custody events. This could be implemented immediately. Sheriff's Office Response Has been implemented Current practice is that the Sheriff's Office notifies the District Attorney's Office (DA) of in- custody deaths involving the use-of-force or restraint by law enforcement. The DA's Office sends a deputy DA and a DA investigator to observe the investigation and evaluate the situation, provide consultation regarding the investigation, and determine whether any violation of criminal law may have occurred. The DA then reviews the facts of the investigation and opines as to the lawfulness of any use-of-force or restraint. We are also in discussions with the District Attorney's Office about expanding this practice to include parallel DA participation and review of all in-custody death investigations, except excluding those that are expected, i.e., such as those of a terminally ill inmate.

R1b

All deaths in custody pathology investigations shall be conducted using an independent medical examination team. This policy shall be implemented no later than the end of December 2024. Sheriff's Office Response Will not be implemented with an explanation We respectfully disagree with this recommendation. History has shown that it is unnecessary. It would add additional expenses to an already strained Sheriff's budget. Our current and former forensic pathologists are or were distinguished medical practitioners holding medical degrees and California medical licenses. All are or were experts in the field of forensic pathology. Additionally, all of our Coroner's detectives are certified peace officers who have extensive specialized experience and training, including an 80-hour Coroner's Basic Investigation Course. This integrated approach ensures a thorough death review in all cases. Our Coroner's services have withstood legal scrutiny in countless court cases and continue to provide the people of Santa Barbara County with credible, ethical, yet cost-effective death investigation services. The Santa Barbara Sheriff Coroner's Bureau intentionally falls outside the Criminal Investigation and Custody Division's chain-of-command to mitigate concerns about our undue command influence over their investigations. In the past, the Sheriff's Office has researched the possible use of contract forensic pathology services but has found them to be cost-prohibitive and/or unavailable for the investigation of certain types of deaths, including homicides and in-custody deaths. Furthermore, bringing in a new independent medical examination team to duplicate services our Sheriff Coroner's Bureau already provides would require significantly greater expenses beyond what the Sheriff's Office and County have budgeted. It must also be pointed out that while there could be a perception of a potential conflict of interest with the Santa Barbara Sheriff-Coroner model, our agency has never been found to have had an actual conflict of interest.

Conclusions 7

CL1

The prosecutor, based on a complete investigation and a thorough consideration of all pertinent facts readily available, is satisfied that the evidence proves that the accused is guilty of the crime to be charged;
CL2

There is legally sufficient, admissible evidence to prove the case to the standard of beyond a reasonable doubt; and
CL3

There is legally sufficient, admissible evidence of the accused identity as the perpetrator of the crime charged; If charges are filed against the officer they will be prosecuted by the District Attorney's office. If no charges are filed, the District Attorney's Office will issue a closing report summarizing the results of the investigation and analyzing the evidence. This report will address the question of whether or not there is proof beyond a reasonable doubt that an officer, deputy, or any other person committed a crime. It is not the purpose of the District Attorney's investigation or report to determine if any officer or deputy violated police policy or procedure, or committed any act which would be subject to civil sanctions. The District Attorney's Officer-Involved Incident \Box SANTA BARBARA OFFICE SANTA MARIA OFFICE LOMPOC OFFICE 1112 Santa Barbara Street 312-D East Cook Street 115 Civic Center Plaza Santa Barbara, CA 93101 Santa Maria, CA 93454 Lompoc, CA 93436 Tel: (805) 568-2300 Tel: (805) 346-7540 Tel: (805) 737-7760 Fax: (805) 737-7732 Fax: (805) 568-2453 Fax: (805) 346-7588 Team will review all matters in a timely manner and issue a closing report containing its findings and conclusions in as timely a manner as possible, preferably within 90 days of receipt of the investigation. This report shall be sent to the involved police agencies and will be available to the public. The District Attorney's Office will notify the appropriate Chief of Police, Sheriff, or their representative prior to releasing to a third party any document related to an officer-involved shooting or in-custody death, and prior to conducting a news conference or issuing a press release concerning an officer-involved shooting or in-custody death.
CL4

Ultimately determine if the use of force was lawful.
CL5

A summary of witness statements and the status of the investigation;
CL6

A "walk through" at the scene, including witness descriptions of the events and the evidence recovered;
CL7

The medical condition of injured parties. The investigating officer will ensure that district attorney personnel have access to the scene of the investigation. All physical evidence shall remain in the custody of the law enforcement agency conducting the investigation. INTERVIEWS OF OFFICERS AND DEPUTIES All officer or deputy witnesses to the events of the incident shall be separately interviewed. The interviews should take place as soon as is practical and should be recorded. During the course of the investigation and prior to the interviews, all involved officers/deputies should be instructed not to talk with one another or any witnesses about the investigation or the facts of the incident prior to their interviews. This shall not affect an involved officer/deputy's communication with their legal representative, non-involved association representative, clergy or counselor. District attorney personnel will be available to participate remotely in interviews of law enforcement personnel at the request of the investigating agency3. However, if the officer or deputy chooses to make a non-compelled statement outside the presence of district attorney 3 "Remote participation" means that the District Attorney personnel will be observing or listening to the interview from a separate room with remote audio capabilities.

* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.