RE: [TSCM-L] {1877} Re: Sealing a Room
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Date: Tue, 22 Apr 2008 12:09:04 -0400
To: TSCM-L
From: "James M. Atkinson"
Subject: =?iso-8859-1?Q?Bugging_report_is_in_state=92s_hands?=
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http://www.sanluisobispo.com/news/local/story/317553.html
Sheriff's Department
Bugging report is in state's hands
Officials are studying the results of SLO County's inquiry on Pat
Hedges; details of the report are unknown
By Leslie Parrilla
The results of a county investigation into possible misconduct by
Sheriff Pat Hedges were being reviewed Friday by state officials who
are continuing their criminal probe into the county's top law
enforcement official.
Investigators in the state Attorney General's Office said they are
still conducting interviews as part of their investigation into
alleged illegal eavesdropping by Hedges but are not certain when they
will finish, according to spokesman Gareth Lacy.
"We have a copy of the (county's) report," Lacy said Friday. "We'll
look at it, but our investigation is independent."
The County Counsel's Office denied The Tribune access to the report
based on its interpretation of state laws that protect peace officer
personnel records, but said it would review a public records request
sent Friday by the newspaper, according to acting County Counsel Wyatt Cash.
Hedges is an elected official and county employee.
County Supervisor Jerry Lenthall said the report should not be
released now because it would be premature and could jeopardize the
state probe.
He explained that if the state does not file criminal charges, then
portions of the report could be released to the public, if the law permits.
"I think you have to follow the letter of the law," Lenthall said.
"We have to complete an internal personnel process. ... It's based on
the totality of the circumstances, and it's on a case-by-case basis."
If the state does file criminal charges against the sheriff, Lenthall
said he believes the county report should not be released until the
conclusion of the investigation or the trial.
Lenthall said he had not seen a copy of the report.
The sheriff did not return a phone call late Friday. It was unknown
whether he had reviewed the report.
The county and state investigations were triggered after Hedges taped
a meeting between Chief Deputy Gary Hoving and a subordinate Oct. 13, 2006.
Hedges and Undersheriff Steve Bolts were responsible for installing
video and recording equipment in Hoving's office at the sheriff's
station to record the conversation.
It is illegal in California to tape a conversation unless all parties
agree, except in certain criminal investigations or if the parties do
not have a reasonable expectation of privacy.
Hedges has admitted to the eavesdropping and said it was done as part
of a criminal investigation that he was conducting.
The county appointed retired Superior Court Judge James Warren to
conduct its investigation into possible misconduct by Hedges after it
learned about the bugging, according to court records.
Since the taping, Hoving has filed a federal lawsuit against the
county, Hedges and Bolts, alleging his right to privacy and due
process were violated and that the incident caused him emotional
distress and illegally used taxpayer money, according to the complaint.
The lawsuit asks for an unlimited amount in damages that exceeds the
$1.25 million listed in Hoving's initial claim against the county.
Hoving has been on administrative leave from the department since
Aug. 29 after asserting that the taping ruined his ability to work
there after 28 years.
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World Class, Professional, Ethical, and Competent Bug Sweeps, and
Wiretap Detection using Sophisticated Laboratory Grade Test Equipment.
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James M. Atkinson Phone: (978) 546-3803
Granite Island Group Fax: (978) 546-9467
127 Eastern Avenue #291 Web: http://www.tscm.com/
Gloucester, MA 01931-8008 E-mail: mailto:jm..._at_tscm.com
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We perform bug sweeps like it's a full contact sport, we take no prisoners,
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