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    MARICOPA COUNTY SHERIFFS OFFICEInternal Affairs Division

    IA # 08-0080

    Interview with Lieutenant Seagraves, S1018

    June 23, 2008

    TUCKER: My name is Bruce Tucker. Im a Lieutenant with the Maricopa

    County Sheriffs Office. Today is Monday, June 23rd, 2008. The time is

    approximately 1340, 1:40 hours. Uh, this is an audio recorded interview

    with Lieutenant Kim Seagraves, number 1018 in regard to MCSO IA 08-

    080. Um, Im gonna go ahead and set this on the table. Kim, you had a

    chance to, uh, review both of the memorandums before we get, we got

    started. Did you have any questions about either the Garrity or the Notice

    of Investigation?

    SEAGRAVES: No.

    TUCKER: Okay. And youve signed both of them?

    SEAGRAVES: Yes.

    TUCKER: (Pause) Im gonna go ahead and sign as the witness, um, and the

    investigator on the one. Um, were here at your office, uh, the Cave Creek

    District, Cave Creek/Carefree, 37622 North Cave Creek Road, Cave

    Creek, Arizona. Um, what I wanted to do I, I spoke to you just briefly

    before I initiated the recording was to identify for you, um, the gist of this

    investigation. It involves your time as a supervisor over the Sex Crimes

    unit, uh, with the Maricopa County Sheriffs Office assigned to General

    Investigations Division. And cases that were turned over to the El Mirage

    Police Department when El Mirage Police Department took the care,

    custody and control of those cases that originated out of their area.

    SEAGRAVES: Yes.

    TUCKER: And you met with, uh, Sergeant Pokeno at one point in time and he

    is a Sergeant that works for the Sheriffs Office that was assigned to work

    Investigator: Lt. B. Tucker, #S0975 Reviewer: Capt. J. Miller #685Typed by: A9998Date/Time: July 1, 2008/1500 hours 1 of 71

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    in a contract at El Mirage, correct?

    SEAGRAVES: Yes.

    TUCKER: And you had a discussion with him about, uh, cases that were

    assigned to Sex Crimes?

    SEAGRAVES: Yes.

    TUCKER: And there was a decision made to turn over certain cases to El

    Mirage Police Department. What I wanna do with you, if I can, is identify

    what cases were turned over to El Mirage, um, if those cases were workedby the Sheriffs Office prior to being turned over an dif they werent

    worked by the Sheriffs Office, a basis for why if you can identify that.

    SEAGRAVES: Okay.

    TUCKER: Does that make sense?

    SEAGRAVES: Yes.

    TUCKER: Um, I received a, uh, three-ring binder with various documents. I

    brought it with me. Um, weve decided that, uh, you would look at it as we

    go as opposed to reviewing it in advance. But does this look like the same

    document or binder that you gave me or that you had delivered down to

    Internal Affairs?

    SEAGRAVES: Yes.

    TUCKER: It has, uh, hand-written notes on it. It has tabs from Table of

    Contents and one through twenty-five (25). And on the outside, I believe,

    its marked El Mirage Audit.

    Investigator: Lt. B. Tucker, #S0975 Reviewer: Capt. J. Miller #685Typed by: A9998Date/Time: July 1, 2008/1500 hours 2 of 71

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    SEAGRAVES: Yes.

    TUCKER: Okay. Um, let me know if you want to refer to this for anything.

    Um, the goal here, like I said, is to identify what cases were turned over,

    what cases were worked, what cases were- were not worked and if they

    were not worked, why?

    SEAGRAVES: Okay.

    TUCKER: So.

    SEAGRAVES: Can I look at that?

    TUCKER: Certainly.

    SEAGRAVES: Right.

    TUCKER: Let me just move the recorder. (Pause)

    SEAGRAVES: Okay.

    TUCKER: If theres a, a table or chart to identify as a group of reports or

    SEAGRAVES: Okay.

    TUCKER: however is best to do this.

    SEAGRAVES: What I started doing when, um, we took over El Mirage and there were I

    mean I dont remember the exact date that we, we took it over. I mean I

    got there in, um, July and I was there almost two years. And during that

    time, El Mirage came on board shortly after I got there but I dont

    remember the exact date.

    Investigator: Lt. B. Tucker, #S0975 Reviewer: Capt. J. Miller #685Typed by: A9998Date/Time: July 1, 2008/1500 hours 3 of 71

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    TUCKER: Well, lets go back and just get a little foundation first.

    SEAGRAVES: Okay.

    TUCKER: Um, how long well, its pretty simplistic, but how long have you

    worked for the Sheriffs Office?

    SEAGRAVES: Since 93.

    TUCKER: Okay, and you were promoted as Sergeant the same time I was,

    which was, uh, 04?

    SEAGRAVES: Yes.

    TUCKER: And, um, we worked together in 04 and then, uh, you were

    transferred to Sex Crimes if I recall correctly, it was mid 06?

    SEAGRAVES: Yes. And I, I wanna say either May or June of 06.

    TUCKER: Okay. And you remained there through your promotion to

    Lieutenant?

    SEAGRAVES: Um, till I got promoted which was February 15th of this year 2008.

    TUCKER: And upon your promotion, you were transferred up here to Cave

    Creek?

    SEAGRAVES: Correct.

    TUCKER: Okay. So the entire time you were at GID from June of 06 to your

    promotion to Lieutenant. You were assigned to Sex Crimes?

    SEAGRAVES: Yes.

    Investigator: Lt. B. Tucker, #S0975 Reviewer: Capt. J. Miller #685Typed by: A9998Date/Time: July 1, 2008/1500 hours 4 of 71

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    TUCKER: Okay. And when you first got there, we did not have the El Mirage

    contract?

    SEAGRAVES: Thats correct. It was coming on board and we knew we were getting it

    but, um, it, it happened shortly after. Um.

    TUCKER: Was it clear to you that El Mirage, uh, is like any other contract,

    the contracts are priority issues?

    SEAGRAVES: Yes. Well, it wasnt said that to me but Ive been working for the Sheriffs

    Office

    TUCKER: We know that.

    SEAGRAVES: and I know the standard procedure of you know when you have a

    contract city, the importance of that and just service that first.

    TUCKER: Right.

    SEAGRAVES: Yes.

    TUCKER: Right. Okay, thats what I meant. Uh, so while youre the

    supervisor, we are assigned cases or we being the Sheriffs Office are

    assigned cases to be investigated from El Mirage. Those included the Sex

    Crimes. How, tell me, if El Mirage had a Sex Crime case come through,

    how would you be notified of it?

    SEAGRAVES: Okay. Can I give you some background about when I got there

    TUCKER: Sounds good.

    SEAGRAVES: so that you know what I had or didnt have available to me?

    Investigator: Lt. B. Tucker, #S0975 Reviewer: Capt. J. Miller #685Typed by: A9998Date/Time: July 1, 2008/1500 hours 5 of 71

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    TUCKER: Sounds good.

    SEAGRAVES: Um, when I first came to Sex Crimes, I knew nothing about Sex Crimes. I

    mean, obviously, you know I spent a majority of time in GID but, um,

    never have I worked in Sex Crimes. So when I got to the unit, um, I had

    been advised that there was a well, whats his name, Darrell Newton was

    before me and that he was never around when he was there. So just like

    when I started to take over you know the office, Id go through, Id clean.

    Id look and see what was there. And I was looking for anything, um, this

    was my first time that I actually had a squad you know since I worked in

    Internal Affairs, I pretty much youre like an investigator on your own.Youre not accountable to supervising other people unless its directly

    related like case manage like we did in Homicide.

    So I didnt know what the procedure was in place prior to me getting

    there, so I contacted Darrell Newton. At that time he had taken my spot in

    IA, so I asked Darrell how, when these case come because when I got

    there, they were stuffed in my mail box. Cases from different divisions all

    over and I wasnt sure what rhyme or reason they were assigned and how

    they were assigned. So if I had some sort of, um, you know packet of

    information or if he had a book goin, I certainly wanted to keep the

    continuity up. He told me he didnt have a book. Um, he told me that he

    just assigns them from his head. He remembers who he assigned them to

    and well, obviously, some cases are more complex than others. They

    require you know the use of the protocol which you know were on time

    frames you know getting interviews done, time management of the

    evidence that needs to be collected within 72 hours. So how does he

    remember who? There were, there were seven detectives. How do you

    remember who you gave the last one to? Um, he had no rhyme or reason.

    And as a matter of fact, the majority of the cases that were assigned to, uh,

    each detective went through Cheryl the, um, the gal that o- answers the

    Investigator: Lt. B. Tucker, #S0975 Reviewer: Capt. J. Miller #685Typed by: A9998Date/Time: July 1, 2008/1500 hours 6 of 71

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    phone, Cheryl Johnson. Shes the one who was receiving, reviewing and

    assigning cases. So I, I, basically, had nothing to go on. Um, I asked the

    detectives you know who assigned them and they pretty much said the

    same thing. You know Darrell was here. He was always available by phone

    but when it came to assigning the cases, they came from Cheryl.

    So that is what I had and so I had to create something that I felt I could at

    least manage. So what I did was I had a little b- notebook binder and I had

    each detectives name. And I still have the form I used and, and when I left

    it with Fred Lugo that is what I gave him. I didnt take it. I didnt make

    copies of it. I didnt think it would be relevant as, as I sit here now. But,

    um, basically it just had detective, um, you know, um, John Filbab, MaryWard, um, Rhoda Rojas and every detective that assigned to the unit. So

    when I would get the cases, um, I had to tell Cheryl dont review them any

    more. Give them to me and I would go through them and I would read

    them. And I would determine based on prioritization, which what we do

    and I mean no matter what you do, its like youre gonna pick the things

    that are just are, um, more hot, hot and workable. So those are the things

    that I used.

    Um, at the time Bill, Bill Knight was my, um, Captain and, uh, he gave us

    all, which Ive included in this, um, packet what he uses and wanted us to

    con- continue to use as far as prioritizing, which is basically Policy. You

    know things that are happening now, the age of the child. Um, the fact that

    if there is evidence, um, that needs to be collected within, uh, you know 72

    hours. If youve got a crime scene, um, as opposed to you know a report

    that happened five years ago. Five years ago something happened to me

    and the suspect is this person, so those, those, we prior- prioritize based on

    Policy, based on common sense, based on how soon we need to respond.

    So those cases, those are the ones in, in Sex Crimes that were more

    comprehensive that required immediate assistance, uh, some case, uh,

    callouts. So the ones that I actually got physically in my hand, and Im not

    Investigator: Lt. B. Tucker, #S0975 Reviewer: Capt. J. Miller #685Typed by: A9998Date/Time: July 1, 2008/1500 hours 7 of 71

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    talking about callouts. Thats somethin totally different. But I would

    review it and I would see, um, within the last week or so okay, thats that

    brings it up there. Um, it happened where a suspect is known to the victim

    or the victim and the suspect are still in contact. If, if thats the case and

    parents arent willing or unable to you know provide a safe environment

    for the kid so those are the things that we jump on. Things that meet that

    level of the needs of the child and physical evidence and recovery of the

    scene. Um, so those things came to my top of my list. Based on those, Id

    actually go into my book manually, I didnt do it on the computer, I

    manually wrote in which detective it came, um, their name, the suspect if

    known, the victim. There was just like columns and I, I hand wrote those

    things in and, um, a little synopsis of it could be something like, um, um,where it occurred like vagina, butt, um, touching only, um, licking,

    whatever it was you know relevant to that case I wrote that. And I did that

    for me just to mem- what I, I could remember so I could go back teacher,

    uh, father, uncle that sort of thing. And that is how I gave those to detec-

    detectives.

    So if one of them was more comprehensive, I may give two old disclosures

    for one hot and heavy one. Does that make sense? Do you know what Im

    saying?

    TUCKER: Yeah, I think.

    SEAGRAVES: Okay.

    TUCKER: I understand. The work level and

    SEAGRAVES: Right.

    TUCKER: trying to keep it even and distributed

    SEAGRAVES: Right.

    Investigator: Lt. B. Tucker, #S0975 Reviewer: Capt. J. Miller #685Typed by: A9998Date/Time: July 1, 2008/1500 hours 8 of 71

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    TUCKER: amongst your staff.

    SEAGRAVES: So thats how I managed, how I did you know the, the case balancing. Um,

    and then I, I did not know how to use RMS because that wasnt something

    that I had ever used before. So I enrolled in a class to learn how to do

    RMS so that way, um, I would have the ability to, um, to look to see, um,

    if the case had been cleared or if Id get a call I can you know query it up

    through RMS. And the majority of the time, the clearance sheets before I

    got there, instead of the Sergeant reviewing them, he may have signed

    them, I cant speak for that. But they were given directly to Margie or they

    were given to Cheryl or in some cases detectives would clear them on theirown. So there was no one single clearing house for the way that they were

    cleared, okay? So I kinda had to recreate I, I had, and in one way it was

    good because I got to do it and learn exactly how it went, but there was

    no, um, base operation in place when I got there. So that was one thing I, I

    did.

    Um, also there was nothing on the U drive that singled anything out, as far

    as all the 261s, 262s, um, that were related. So I couldnt just pull them

    up because there was nothing. Id have to, I would have to get a daily

    CAD report and basically go wheres this one, this one, which is eventually

    what I did when I realized that some of the cases were not coming to me.

    So that is the basic what I walked into.

    TUCKER:

    SEAGRAVES: And, um, I didnt have anything available to me. I contacted Don Harvey,

    asked him if he had a book. He did not keep a book. Um, the detectives

    you know sometimes they kept a book, sometimes they didnt. But that

    didnt do any good for me. I personally needed to see so I would know

    how many I had, how many came in. So when, um, I started receiving El

    Mirage, there was a time period where Id be getting phone calls from

    Investigator: Lt. B. Tucker, #S0975 Reviewer: Capt. J. Miller #685Typed by: A9998Date/Time: July 1, 2008/1500 hours 9 of 71

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    victims, uh, CPS, uh, teachers, anybody that would possibly wanting to

    know the status of a case and more so, it was the, the parents and the

    victims, um, themselves calling saying, um, hey, what happened to my

    case? So I would say okay, where did it occur? And if it was El Mirage, Id

    take down that information. What report were you given? What number

    were you given? Where did this occur? And then I would have to, um, use

    that information that I had written down, go through my notebook. If I

    didnt have it, well then I, I didnt have it and so I knew something was

    missing. So the only way I knew that there was a, like a big hole that things

    were being dumped into that never came to me was unless I, I got

    contacted by phone saying you know CPS calling me hey, we dont wanna

    interfere in your, uh, interview. When are you doing this? Have youcontacted Child Help to you know set up an interview? And I dont have

    anything in my manual file, so I realized its something. So then Ill call El

    Mirage and, um, Mike Pokeno wasnt my contact then. I, I dont really

    remember who it was. I dont know if it was Chad Brackman. But I, I

    believe it was Chad Brackman.

    TUCKER: So before you go much further,

    SEAGRAVES: Um hum.

    TUCKER: you had occasions where you would get a phone call and

    questions about status of a case and progress of a case and youd look at

    your hand-written notes that are kept based upon cases that are turned in

    to you that were in your mailbox or handed to you by

    SEAGRAVES: Faxed.

    TUCKER: Cheryl or by fax or however.

    SEAGRAVES: Right.

    Investigator: Lt. B. Tucker, #S0975 Reviewer: Capt. J. Miller #685Typed by: A9998Date/Time: July 1, 2008/1500 hours 10 of 71

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    TUCKER: Long story short, you would look at your hand-written notes in

    your log and that case would never be reflected on the log, is that correct?

    SEAGRAVES: Yes.

    TUCKER: You would get those types of calls?

    SEAGRAVES: Yes.

    TUCKER: Did you ever identify the source of the problem?

    SEAGRAVES: Yes, I did.

    TUCKER: Okay.

    SEAGRAVES: Um, what I found out was that early on, and there was a, a big block of

    time, but I dont remember I mean it was like months that this situation

    would be a common occurrence. That Id have to try to track down their

    report. And then I would call Records but Records wouldnt have anything

    for it, because it was an El Mirage DR number. So there was no

    corresponding MCSO DR to link the two together. So I would have to call

    El Mirage and see, do you have this Police Report? Um, yes, no, not

    written, um, I dont have it. I have to track down whoever took it and wait

    until they faxed it over to me. So that is why I, um, made, may I refer?

    TUCKER: Yes, please.

    SEAGRAVES: Okay. I, um, since I had identified that I went and I wrote a memorandum

    to my Lieutenant, which at the time was, um, Fred, Fred McCann. And I

    asked him if he would forward my email up the chain of command because

    I had identified that we were losing track of, um, time. We were you know

    Investigator: Lt. B. Tucker, #S0975 Reviewer: Capt. J. Miller #685Typed by: A9998Date/Time: July 1, 2008/1500 hours 11 of 71

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    time is the essence in, in any case but you know when youve got a little

    kid that their injuries could, um, they heal very quickly, things like that

    became very, very relevant to me in that unit. So, um, I wrote a

    memorandum and I sent it and it was agreed upon that it would go up the

    chain of command by, I believe, oh shoot, wheres? I know its in here.

    Give me a second. (Pause) (Sounds like looking through papers or book)

    Okay, here it is. Um, this will kinda give you an idea of the time frame, too,

    perhaps. What I have is a memorandum and Ill show you. Its dated 7-17

    of 06 and it was addressed to Fred McCann via the chain of command

    and, basically, introduction is there are numerous, uh, sexual (unintel

    17:14) reports that have been submitted to the MCSO Sheriff SVU from

    the El Mirage Police Department. And Im paraphrasing, so Im not beingspecific.

    Okay, Lieutenant or Sergeant Brackman, um, these reports were

    assigned to El Mirage. Police Report number, however, do not have a

    corresponding MCSO DR face sheet or a reporting number assigned to

    them. So they even had a different format that that came to me. So I

    received at least three ca- three phone calls from victims and the parents of

    minor victims inquiring about their cases. Since there was no way to refer

    to the report, I had to wait until the report is physically comes to our office

    and if the report is not received by the MCSO Sheriffs Office, there is no

    way to reference that report was ever received to our Office. The only way

    I would know a report was not received if the victim and or the family

    members would call me about the status.

    So this is why I felt a need to do that. And so my recommendation would

    be at the very time that their pulling an El Mirage DR, just take two

    seconds more and pull an MCSO one. Um, now I know they had to go

    through a different radio, I mean different communication people because

    at that time we hadnt been merged together, um, and using one

    Dispatcher. So it would just be one problem but I felt that it would solve

    Investigator: Lt. B. Tucker, #S0975 Reviewer: Capt. J. Miller #685Typed by: A9998Date/Time: July 1, 2008/1500 hours 12 of 71

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    the problem and this way that the point of contact would be El Mirage. We

    would also have cross- cross reference. It could be immediately assigned. I

    would know it right away. Um, it would be more accurate as far as the

    location, occurrence of the victim. The report can be faxed over to the unit

    to ensure immediate response, and the El Mirage Police Report, Report

    number would be cross referenced to the El Mir- El Mirage point of

    contact and for the MCSO Sheriffs Office. So and then it could be entered

    into RMS for further tracking. So, um, McCann ap- approved that. He said

    he received it. And also, uh, Captain Bill Knight at that time concurred

    with that on 7-19 of 06.

    This is what came to me as a sticky note from, uh, Chief Freeman. This willresolve itself in a month; meantime, Kim will have to make efforts to deal

    with this in-house. So, um, this did not resolve itself in a month. It was

    many, many more months after that; however, I still you know, um, was

    trying to work with Brackman and work with the patrol people when they

    would call me, um, for questions. Make sure that you send a report to me,

    fax it to me. And that did alleviate it; however, there were still a big pool

    that didnt come back to me until later, okay? So I did try to fix something

    to make it and make my supervisor aware. And Fred McCann certainly he

    acknowledged that and he knew that that was an issue but thats, um, kinda

    how it was in the beginning.

    So eventually, and not a month later, eventually there was a merging where

    we were getting, um, the reports mixed, um, with our reports. But in some

    cases, it still came on the El Mirage face sheet their face sheet, which had

    to you know be transferred over. So it wasnt just a simple, simple thing.

    So once I received the El Mirage, um, they were, uh, I didnt specifically

    give El Mirage only one detective. I kinda married them all together and

    the priority level, although, um, El Mirage always seemed to rise to the

    top, whether it was a contract or not because they were always the most

    Investigator: Lt. B. Tucker, #S0975 Reviewer: Capt. J. Miller #685Typed by: A9998Date/Time: July 1, 2008/1500 hours 13 of 71

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    severe cases that we had. They resulted and I dont have numbers, but the

    majority of our callouts, the majority of our really good arrests, the

    majority of our you know really bad suspects came from El Mirage. So

    although I did prioritize, they always seemed to rise to the top because they

    were the most severe, okay?

    TUCKER: Okay. Alright, lets go through, uh, besides your, your log that you

    had for cases that you were assigning, um, did you based upon what you

    told me, I take it that there wasnt a callout log so if there was a callout for

    a detective, you didnt make a note of that some place, (unintel 21:10)?

    SEAGRAVES: Yes, I did.

    TUCKER: Oh, you did?

    SEAGRAVES: Yes, I did.

    TUCKER: Okay, can you tell me how you did that?

    SEAGRAVES: Um, (unintel 21:16) binder, um, I think and I dont remember if I broke it

    out to a second binder at some point because it got you know bigger than

    my binder did. But, um, I did maintain a callout log. That was a callout log,

    again, there was nothing prior to my getting there. I, I set that up on my

    own. And, I just, um, I used to write in there that, um, right next to the

    detective that if I was assign a case, I would say this was a callout, but then

    we got so many calls I just decided to do a callout log. Basically the same

    procedure. It was hand-written. It was a callout, um, suspect and who

    called, who was called out and you know, um, just maintain a callout log.

    TUCKER: Basic callout log?

    SEAGRAVES: Very basic, not anything major.

    Investigator: Lt. B. Tucker, #S0975 Reviewer: Capt. J. Miller #685Typed by: A9998Date/Time: July 1, 2008/1500 hours 14 of 71

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    TUCKER: Okay. And, um, can you identify for me if, if you have in the, in the

    book that you gave me the, uh, DRs that were turned over to El Mirage?

    SEAGRAVES: Um, yeah. Do you want to know, I think, well, I think its important and I

    dont know if Im jumping ahead of you.

    TUCKER: You probably are much more familiar with this than I am.

    SEAGRAVES: Okay.

    TUCKER: So Im, Im more less at this point, gotta do an inquiry.

    SEAGRAVES: Okay.

    TUCKER: So please help me if you think theres something thats important.

    SEAGRAVES: Alright. I just dont want you to you know if Im going too far and you

    dont want me to go in that direction. But, um, we knew with rumors that

    that El Mirage was eventually going to, um, you know, um, take over their

    own and they were gonna be responsible for their own cases. But that did

    not mean that we held those cases and didnt work them. There were, like I

    said, with all of our cases we, we, we put them together. Um, unlike

    common sense where it takes you know four or five days to work them,

    some scenes and some investigations can be, um, on a roll for like maybe

    two to three days and then it will stop and then you know we still have to

    do some additional follow up. Its not where the unit goes out. There are

    times that I did send the whole unit out on search warrants, but they were,

    um, more the detective could really do it one person. If he needed two

    people, then he, we would call somebody. But very few times was it you

    know the whole squad. It would be one or two investigators. So, um, when

    we had cases that were more, like I said, more complex we worked those.

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    So the El Mirage cases that were low priority as just the same as the

    County cases, such as, um, you know problems with the credibility of the

    witness. That she had said she lied, she didnt lie, she was at a party. Yes,

    she was at party. No, she wasnt drinking; yes, she was drinking. Um, it

    happened a month ago; it happened a year ago. Um, disclosures where now

    theyre adults and now theyre claiming something else. That dont meet

    the level but yet they still are inquire, we still need to do investigations.

    Those cases were blended with the Sheriffs Office cases. So the priority

    level on those were they were the same you know they were the same and

    we worked them just the same.

    So when it came time for, um, the El Mirage to go back to El Mirage, um,

    the decision was not mine. We wanted to keep them. There were some

    cases that were really down and dirty and we really wanted to keep them

    because we knew who the suspects were. We thought they were gonna be

    really basically good arrests and that was good for us. It was good for the

    unit, and its good for morale when you get a bad guy and you put him in

    jail. So all those things were really good.

    Um, we were told by Hank Brandimarte the first of October the turn over

    date was October 12th or October 13th. And, um, and so around the

    beginning of October, we were told, I was told to tell my folks so I wanna

    when I clarify that Im gonna say telling me I shared that with my troops.

    But, um, that what we are doing is to wrap them up, to write up what we

    have. Dont, um, bo- and this, I wanna make this really clear, this did not

    mean the callout cases or the ones that you know 72 hours crime scene.

    These are different. These were ones that we were currently working on

    and we had gone like give you an example, we still need to go back and

    follow up, ask additional questions or you know try to find a witness that

    can cooberate this story, those kinda things.

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    He said write up what you have because were gonna turn those over in

    October, October 13th, 12th or 13th. So there was one case and it was Mary

    Wards case where her suspect in the El Mirage case was a suspect she had

    who, um, I may be wrong about the location but I thought lived in

    Whitman. So Mary had an old, an old case that belonged to the Sheriffs

    Office case and, lo and behold, this was a reoccurring, um, you know I

    dont know if its the same victim but it was the same suspect. So she said

    she wanted to put those two together because then wed have a stronger

    case because her case was turned down when she was M- with MCSO

    when she filed it. So I wanted to keep that you know. Why would I wanna

    give that away? So flat out, no. Hank said absolutely no. Uh, Captain, per

    the Captain, wrap up what you have. So, um, what I did was, um, I savedsome of my emails to, to document the thing. Um, I wanna talk to you

    about that later. Um.

    TUCKER: And just so you know, Im not questioning your priority.

    SEAGRAVES: Um hum.

    TUCKER: Im just questioning if there were cases that were turned over that

    werent worked. And if they werent worked,...

    SEAGRAVES: Why?

    TUCKER: why?

    SEAGRAVES: Okay. Um, alright.

    TUCKER: I mean I understand you were following protocols and priority.

    SEAGRAVES: Yeah, okay.

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    TUCKER: I just dont want you to feel as though Im questioning your

    priorities.

    SEAGRAVES: No, no, and I dont, I dont. I just you know a lot of this is coming back to

    me as were talking about this, so.

    TUCKER: Certainly. (Pause)

    SEAGRAVES: Alright, so I do have emails where when I was asking Hank about, lets

    see, I know at some point and Im looking at emails. This is August 1st and

    the Captain had asked me about my open cases that are currently in our

    unit. He was asking me just to give me a rough total. He wasnt saying youknow tell me what they were, just give me a rough total that Ken Holmes

    was asking about that. So I, um, I dont know if I assumed this or he said

    this to me but, obviously, so Ken could relay that information to the new

    Commander that was taking over. So what I told him during this, um,

    email and the phone call was that there was about 20 cases that Im gonna

    send over to El Mirage that had been assigned to an investigator and but

    not yet worked.

    Now Ill go over case by case with you and Ill say what that means

    not yet worked. Um, in some cases and its been a while since Ive looked

    at these, there may be some that, um, were partially worked or something

    was done on it but I dont wanna speak until I look at each one of those

    TUCKER: I understand.

    SEAGRAVES: to give you, um.

    TUCKER: And thats, thats exactly what Im lookin to do.

    SEAGRAVES: Okay.

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    TUCKER: Thats.

    SEAGRAVES: Okay, so back then I said this is not to say this is a grand total of all the El

    Mirage cases that we work. Its strictly open, non worked cases. Now, um,

    (pause) this was before, obviously, that we gave them over and, and the

    total had changed. Talked in that email, I also refer to the prioritization

    portion of it as well. So at some point, um, I get with Mike Pokeno and I

    know that I talked to him numerous times on the phone. But I believe we

    only met one time and it wasnt like, um, well, he did come down to GID; I

    didnt go over there. He came down to GID and Margie sat with me

    because Margie, um, I was goin tryin to manually go through some ofthese. And what Im showing you is three, um, pages of cases that he

    provided me, Sergeant Pokeno provided me of cases that were open or, or

    what you know there some showed x cleared, some showed clear. So we

    were tryin to sit together so his list was different than my list. And I dont

    know why you know I dont know why. Even the list that I gave to the

    Captain and to the Lieutenant was different than the list gave that Hank

    gave me that said please explain the status of these cases. So I had three

    and I, I dont know why. I mean I have three pages here and some of these

    are cases that what I, what I show is the date back in June. The unit, some

    of them say on hold. Um, Sergeant Pokeno has this information. So these

    were things that we tried to work together. And I would go through and

    ma- Margie and I, um, Margie did majority of this. She went manually and

    checked all the lists that Sergeant Pokeno had to see whether or not they

    were some of them were showed open but they were really unfounded.

    Some of them were inactivated. And there were some of them I had that

    Pokeno did not have on his list.

    TUCKER: Okay, lets go back for just a second. Were looking at three pages

    that are you have hand-written 10-3 of 07. Sergeant Pokeno has

    completed list. And, uh, the documents have like a brown highlight of

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    various reports that are assigned to SVU, it appears, which is the Sex or,

    uh, Special Victims Unit. And these, this highlighted document is created

    by Pokeno, correct?

    SEAGRAVES: Yeah.

    TUCKER: By his records?

    SEAGRAVES: Yes.

    TUCKER: And what you had done was you gave it to Margie Chavez, one of

    the administrative folks over at GID,

    SEAGRAVES: Um hum.

    TUCKER: and asked her to go through the list from Pokeno to identify their

    status?

    SEAGRAVES: Yes, because some of them he, some of them he doesnt even have marked

    as to status. Some of them are marked open; some are unfounded. And

    some of the clearances that he has that say, for example, Im pointing to

    two of them that say open when they were actually x cleared. And one of

    them was inactivated, open, x cleared. Um, you know open, unfounded. So

    what we did was we all three worked together. We were all in the same

    room. We were in my office. And then, um, I would check these off with

    things that I had and some of them I had and majority of them I didnt

    have.

    TUCKER: So when you say what you had, youre going from your hand-

    written kept list of cases that you received for distribution and assignment?

    SEAGRAVES: Yes.

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    TUCKER: And then what is the third list? Where does that come from, do you

    know?

    SEAGRAVES: Okay, so this is, this is the list that it was kinda like a work in progress.

    And, um, I found this to be, uh, it just seemed so confusing to see this list

    and to compare it to my list. So then I went, oh, thats that list. Lets me

    look here. (Long pause) This is a Policy I use, uh, GJ-6 for. (Pause)

    Alright, back in October 11th, um, we were trying to figure out all the cases

    that were that each detective had physically assigned to them that I had,

    that I was aware of, that I knew to exist, okay? So I couldnt speak to ones

    that you knew that they had that that had I hadnt physically receivedbecause that was my issue you know.

    TUCKER: The AWOL reports, so to speak.

    SEAGRAVES: AWOL reports wherever they were, obviously, they werent you know

    sent. Same goes for now I mean if, if theres a, um, Sex Crimes report that

    the guy you know does and he doesnt send, um, a copy of it to SVU you

    know unless youre aware of it that it exists you know and you could

    certainly use you know CAD to check that, daily CAD which I had Jeffries

    work up and put something in the U: drive when we realized that some

    things were falling through the hole. That was one way I, when I realized

    the deficit of what was happening, trying to think of ways to get as much

    as many reports to me that I could that were, should have been for some

    reason not sent to me, faxed to me, hard copied to me. So that was one

    way.

    TUCKER: Lets stop real quick.

    SEAGRAVES: Um hum.

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    TUCKER: You said Jeffries. I assume that means you got ahold of Scott

    Jeffries with CAD?

    SEAGRAVES: Yes.

    TUCKER: And aid, please make sure I get some access of calls for service at

    El Mirage and if theres a sex related call for service report taken, you

    would have something you could refer to on a daily basis to identify saying,

    oh, look, there was a 262 taken in El Mirage. So at least you were aware

    of it and you could start looking for it to come across your desk?

    SEAGRAVES: Not specifically El Mirage, for the whole County, okay?

    TUCKER: Oh, okay.

    SEAGRAVES: Because you know I felt like well, you know that its, its happened for

    other divisions. Hey, did you get a copy of that report? And some of them

    were just so, um, we should have been notified you know in the middle of

    the night and we didnt get it.

    TUCKER: Did you implement as far as when you talked to, uh, and is it Scott

    Jeffries? I think its Scott Jeffries.

    SEAGRAVES: Yes, Scott Jeffries.

    TUCKER: Did you specify to him a particular category of types of crimes and

    lets say, 261s and 62s

    SEAGRAVES: Yes.

    TUCKER: that he would send you a CAD printout every day or how did

    that work?

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    SEAGRAVES: No.

    TUCKER: Tell me about that real quick.

    SEAGRAVES: Um, well, what I learned is that in, in the process of doing this, I thought

    theres gotta be a way that I can do this on the computer. Now RMS isnt

    always accurate you know. Its only as good as the information. So if I

    dont have reports that are coming to me, why arent they coming to me?

    Is it because theyre not being sent to my District? Are they being, being

    coded wrong? Um, so what could I do? So I talked to Scott Jeffries and I

    said, what can I do to make sure Im getting these reports because theyre,theyre, Im not getting them. So he said, well, um, what you could do is I

    could make you a special fol- folder in the U: drive that you can actually

    just go to and you can see all the reports that are taken. So I, well, perfect

    you know! That would be, assuming its being assigned right. If its a, say

    if its a 261 or 262, its not a 962 so I mean

    TUCKER: Right, I understand.

    SEAGRAVES: assuming its coded correctly, then I, then I should be getting it.

    TUCKER: So was that list all DRs or was it simply the DRs relating to

    crimes that would come to your unit?

    SEAGRAVES: They were crimes that any time you pulled a 261 or 262.

    TUCKER: Crimes that should generally come to the SVU unit?

    SEAGRAVES: Should come to the unit, should. Now some of them dont meet the level.

    They could just you know be whatever, but we really should get a copy of

    it regardless if it you know what it is. Its like you know somebody

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    touched or accidentally touched a breast you know. They may not send

    that but they may code it as a 262 but I should at least have knowledge of

    that because maybe that suspect is a teacher and you know and, and this

    way we can, I can have it. Whether or not I assign it, I still need to see it.

    TUCKER: Do you know when he implemented that?

    SEAGRAVES: Um, it was after I realized that there were a lotta cases that werent coming

    to the unit and no, I dont. And Im sure Scott would.

    TUCKER: Okay.

    SEAGRAVES: Because I just know. I was trying to do it differently.

    TUCKER: But at some point when you recognized a deficiency, you took

    some steps to try to rectify it?

    SEAGRAVES: Uh, thered, theres be no reason not to. I mean I, I dont care if I get one

    report or if I get twenty. I, I dont care. I just wanna make sure I get them

    because its very disturbing when you know a victims family is calling me

    and rightfully so where what are you doin with my daughters report? You

    know where, where do we stand on this? And I was amazed that some

    parents wouldnt call sooner and then Id find out it was a week later or

    two weeks later, a month later and I wouldnt even know that the report

    even exists. And, um, no, those are just examples. Im not certain about the

    time frame. But long enough for me, me as a parent to say well, if I hadnt

    have gotten a a call within 24 hours, Id be callin somebody. So I dont

    know why they were you know very patient about what they did.

    TUCKER: Okay.

    SEAGRAVES: So I, um, that had never been set up before but you know in speaking to

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    Scott, he tells me that you know, um, that hes done that for a lot of people

    you know. I could have broke it down by division. I could have broke but

    that would have been more time consuming. I wanted it to be at a glance.

    Um, although you know certain cases, uh, will meet the level in contract

    cities but Id be able to see that once I pulled them up. At that point I, I

    just wanted to make sure I can tick them off to know that I got them all.

    So okay, um, back in October 11th the Captain was, um, this ccd

    this to, um, Hank Brandimarte. He wanted to know if we finished our El,

    El Mirage DR what we were turning over and the majority of them. Ill

    give you a full count in the morning. This is whats really left on those

    cases that have been on hold the past two weeks. Now.

    TUCKER: Okay, where you readin that from? Im sorry.

    SEAGRAVES: Um, this is an email that I sent to Henry Brank, Henry Brandimarte on

    October 11th and in the evening. We stayed late and I was trying to go

    through my lists to make sure that, um, if we could close them, we wed

    close them. But, basically, everybody was writing. We were writing

    supplements and, and I was there with them.

    TUCKER: This is regarding the turn over to El Mirage?

    SEAGRAVES: The turn over to El Mirage so about the open cases.

    TUCKER: Okay.

    SEAGRAVES: And, um, the, the whats really important here was that around this time

    frame, the Captain was meeting with the counterpart, his counterpart with

    El Mirage. And he had asked Hank, um, and Im br- Im telling you this,

    although it kind of meshes into the other investigation, but Im only telling

    you this because I really think it plays a part in what comes later. So the

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    Captain had asked for each case to be summarized and all the steps are

    done. And this part about being on hold for the past two weeks, I wanted

    you to know that I wasnt holding cases that met the level of callouts or the

    priority, like I mentioned about the evidence. He told me to stop assigning

    cases. Hank Brandimarte told me to stop assigning cases and to work on

    and close what we already had, okay? So when you see that and thats the

    reason I say, say this in there.

    TUCKER: Okay, lets go over that real quick. That instruction from

    Lieutenant Brandimarte to you, Lieutenant Brandimartes your direct

    supervisor at the time. Hes telling you to hold cases from what date? Do

    you have any idea at what point?

    SEAGRAVES: Around October 1st.

    TUCKER: Okay, from October 1st when he first tells you were preparing to

    transition back to El Mirage as control, he tells you to stop assigning

    investigations?

    SEAGRAVES: Stop, stop assigning cases. This doesnt mean callout cases. Now I wanna

    make sure it doesnt mean like if Ive got physical evidence or a little girl

    thats got an injury or an adult thats got an injury. Those cases were still

    done. As a matter of fact, we still had them like two days before we turned

    over El Mirage.

    TUCKER: Okay, lets, lets go over that instruction a little bit

    SEAGRAVES: Okay.

    TUCKER: so there is so thats clear. Um, was that instruction to you in

    writing or verbally?

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    SEAGRAVES: It was verbally. It was to me. And, and I know that he also said the same

    thing to other people that were in the squad.

    TUCKER: Was that that portion about callouts, active cases that could be

    worked promptly with a, a suspect in the same home or what have you,

    how was delineated to you what cases you would hold and what cases you

    would allow a detective to work during that time frame?

    SEAGRAVES: Um.

    TUCKER: Was that your decision or was that specified by Lieutenant

    Brandimarte?

    SEAGRAVES: Kn- I know that there was a discussion and I dont know if I brought it up

    or you know or he brought it up. It wasnt like it, it seems like to me a

    logical thing. At some point were gonna have to cut somethin off, okay?

    TUCKER: So your minds met on an agreement that

    SEAGRAVES: Well.

    TUCKER: lets say an old stale case of, of recollection of something 15

    years ago through counsel or what have you disclosure that type a case

    would be, would not be assigned to a detective?

    SEAGRAVES: Well, it wasnt.

    TUCKER: Or?

    SEAGRAVES: You know I, I dont.

    TUCKER: Was it a case by case by your own determination?

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    SEAGRAVES: No, well, you know I dont know how to answer that because it wasnt

    like, it was almost a common sense thing tome. I mean it wasnt like I

    thought he was doing something wrong by saying dont hold these. Um, I

    knew in my mind if it was a little girl, whether its the tenth hour before we

    turned over the keys, if theres somebody thats you know were, there

    would be, we wouldnt do that you know we just wouldnt do that.

    TUCKER: Okay.

    SEAGRAVES: It wasnt like he said Kim, this is my criteria. It wasnt like that. It was like,

    um, I dont know if he said or if I said it but I walked away with anunderstanding. Who said it or I said, this is what I think or he said, this is

    what I think, my understanding of is lets wrap it up. The cases that you

    dont have to assign, dont assign them. The cases that meet the level of all

    those things that we talk about the priority level, regardless if its El

    Mirage or MCSO where we can collect evidence and, and if we dont do it

    that the case would be in the toilet, those are the cases that we still

    continue to work.

    TUCKER: Even I, I want you to know that I, I dont think that thats

    necessarily the issue which were looking at.

    SEAGRAVES: Um hum.

    TUCKER: It may be part of it but its not the big part of it. I think the more

    larger concern are case that are much older that are, are alleged to have

    had minimal work or no work done, so.

    SEAGRAVES: Okay.

    TUCKER: But I appreciate pointing that fact out.

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    SEAGRAVES: Yeah, so thats thats how that went. So, um, this is initially what Im

    showing you is part of that same. Now this will change but this is what

    initially I gave to, uh, Brandimarte on October 11 th. And its the emails

    dated October 11th of 2007 at 8:38 p.m. And then attached to it is the all El

    Mirage cases assigned by detective. Theres a notation. All cases that are

    listed as open have either been worked and or partially worked. See

    notation for those specific cases. So, um, Ive got Rojas, Ward, Philbab,

    um, Philbab continued, Brooks, Weege, Seagraves and Herrera. This list

    changed cause, cause we continued to work them and, and close them.

    So, for example, Ward, I think she well, I cant say. Ill have to count

    them. But this list does change at some point.

    Then October 12th, um, I give, um, Hank Brandimarte another

    email. Steve Whitney, El Mirage, here is my final count for El Mirage. All

    cases are summarized are in folders on the conference table. Each case has

    a summary of the allegation and what remains to do in order to complete

    the investigation. All property in each case has been turned into Property

    and Evidence. There may be new cases that cross in the interoffice mail;

    therefore, I do not have those actual reports. This may be because its not

    yet written or its being held in El Mirage because its transfer of power

    from MCSO back to El Mirage. In those cases, I still did a case file for the

    report and may note that the DR is not listed in RMS therefore not

    assigned and or worked, okay?

    So, um, I have detective Weegeseven; Wardone, Brooks

    one, Philbabeight, uh, Rojasthree. Recently unassigned cases not in

    RJSthirteen; sex offender cases41. Now the 41, Im, Im bringing this

    to your attention because before I went in this unit, I didnt really know

    what that means. This could be 41 to 141. All it means is those 41 sex

    offenders reside within the jurisdiction of El Mirage. So that has nothing to

    do with whether the investigators do or dont do. Thats strictly on where

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    the folks live, okay? So that really was insignificant.

    Um, and then, um, this, these and you could read these later if you

    dont feel that its important. November 1st is when El Mirage actually

    picked up the cases. So I had them in my, sitting on my desk for a period

    of time. October 17th, um, I write an email and I send it to Hank

    Brandimarte and I cc Whitney. I said I still have the El Mirage case files in

    my office. Ill be happy to take these files over to El Mirage in light of the

    negative publicity, cause there was a lot of publicity goin on at that point,

    and I could see the writing on the wall that theyre gonna come back and

    say that they were unable to do their job as a result of MCSO not turning

    over these cases.

    So after they sat there from October 12th to the 17th, I thought you know

    what? I know I was verbally told hang on to them. Hank came in my office

    numerous times, as did the Captain, just you know Im workin with it, Im

    workin with it. But I wanted to make sure I documented this. And that is

    my sole purpose of doing that. So I have these, these cases. In light of the

    negative publy, publicity in reference to this transition, I dont want El

    Mirage to say that they couldnt do their job because we refused and or

    never gave them the case files. In reality, they dont have any manpower

    and that was the reason that was told that there was only one investigator,

    Jerry Laird, and he was swamped working with Pokeno and couldnt make

    it over. However, by not turning over these cases, it might become an

    issue. Please advise. And I did that on 9-29 and then, um, then that

    afternoon, same day, hold on to them for now. They are supposed to meet

    with sometime this week according to the Captain. That came from

    Brandimarte.

    And so when that didnt happen, I say did, did the meeting, did you go

    have your meeting? So then the Captain says, um, October 18th the next

    day. I spoke with. This comes from Steve Whitney. I spoke with the Chief

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    today regarding El Mirage and theyre turning over the cases back to them.

    Hes not in today. He will take it up with Chief Freeman when he comes in

    tomorrow or Monday. Hes aware that were ready to brief the new El

    Mirage Detective Commander on these cases. Hell let me know and when

    and were going to, when were gonna do this. Just for now be patient.

    Well make something happen hopefully sometime in the next week.

    And then this is my notation. On November 1st is when they actually picked

    them up. So (pause). Um, now Im, Im gonna ask you if you want me to

    even go into this, Bruce, but there was, there was an issue that, um, once

    we turned them over the cases that why do we have open cases? Okay,

    why do we have open cases? So I received this as did other members of thesquad. Please be prepared to discuss each case assigned to you on the

    attached list. I understand that you dont have the files, but you need to be

    ready to discuss, discuss each case that was assigned to you. Please do not

    be unprepared.

    TUCKER: Well, let me, let me kinda preface your question with what Im

    aware of.

    SEAGRAVES: Okay.

    TUCKER: That was sent out by Lieutenant Brandimarte because questions

    had been imposed or at least an email had been sent over from El Mirage

    saying a lotta cases potentially werent worked. Uh, I havent seen the

    email so I dont know exactly what it is, Im paraphrasing.

    SEAGRAVES: Okay.

    TUCKER: But, uh, there was a statement about hey, theres a concern that a

    lotta cases werent worked and, uh, just wanna let you know (unintel

    49:16) emphasize there with other issues that were included in the email.

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    SEAGRAVES: Okay.

    TUCKER: (Unintel 49:24) came contact came down to Lieutenant

    Brandimarte to explain why certain case were turned over or why there

    were any cases turned over that appear as though they were not worked.

    Now I think that he sent out that email with a request to each individual to

    say, uh, regardless of what he wrote, I think his intent was each of you tell

    me about your cases that were sent over to El Mirage and if there were any

    cases that werent worked, please give me an explanation as to why. Um,

    would that help you, guide you in what? Thats what I understand that to

    be about and I dont know if we need to go into that or not. You tell me.

    SEAGRAVES: Okay. Well.

    TUCKER: I know there was a universal singular response that was.

    SEAGRAVES: In addition to my own response, I did one as well. And then I was workin

    an off duty job and then he contacted my folks directly and Philbab

    contacted me and said, I thought you already took care of this. Do I need

    to do something? And I said, well, you need to respond to the Lieutenant.

    Hes asking a question. And he goes, well, can we respond collectively?

    And my, my thought was you know I didnt see a problem with it but you

    know regardless of what you know came of that as a result of that but that

    is what happened. So.

    TUCKER: Okay.

    SEAGRAVES: Alright.

    TUCKER: And then you made, you drafted a response with the assistance of

    Margie over the phone, is that correct? Something along those lines?

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    SEAGRAVES: Um.

    TUCKER: Regardless, you drafted a response to, uh, Lieutenant Brandimarte

    of some type and, and I dont know if that necessarily addresses the issue.

    It was more of an explanation of your, we had a lot of work to do. Theres

    a lot of people, etcetera.

    SEAGRAVES: Yeah, yeah, yeah.

    TUCKER: It wasnt a line by line, okay, regarding DR 06- dah, dah, dah, dah,

    dah the reason why this case is the way it is is because of such and such.

    SEAGRAVES: That is correct.

    TUCKER: It was more of a general overview.

    SEAGRAVES: It was.

    TUCKER: We were called on other duties. We had 90 cases. We had you

    know Queen Creek to deal with. Ive seen, I think, the response that you

    provided,...

    SEAGRAVES: Okay.

    TUCKER: edited, uh, to some extent.

    SEAGRAVES: Okay.

    TUCKER: I think the numbers were edited by Hank or something.

    SEAGRAVES: Okay.

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    TUCKER: Does that sound familiar?

    SEAGRAVES: Yeah, it does. I, you know I, I you know I would say, I remember, I

    remember, I remember I was workin an off duty job for somebody. It was

    last minute and, um, and I remember talking to Margie about something.

    And then Hank going, are you sure its 90 percent? Im like well, I dont

    know if its 90 percent but Im saying the major-. Well, dont say numbers

    unless you know that theyre numbers. I said well, my point was Im just

    sayin 90 percent I would just saying 90 percent. It wasnt like I had

    calculations its actually 90 percent, 99 percent of the work, 90 percent,

    whatever you wanna say. Majority of the work came from El Mirage andso

    TUCKER: Okay, so that is the same thing?

    SEAGRAVES: he, he tweaked it and then, yeah, so thats what youre referring to?

    TUCKER: Yeah, that sounds like it.

    SEAGRAVES: Alright, so what Im showing you here is if you wanna, lets do this. Um,

    this is what Hank Brandimarte gave me. Um.

    TUCKER: Now its my understanding that if this is the same document, it

    looks like it is, what he did was had Margie go back through and, and

    identify all the sex crime cases that they could find between RMS and I

    think out of your book, perhaps?

    SEAGRAVES: Im not sure. Im not sure where Hank got those.

    TUCKER: Okay. So he gives you a document thats a, a spreadsheet, table.

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    SEAGRAVES: He gave it to everybody.

    TUCKER: Okay, he gave everyone at least you had a copy of it. And youve

    got certain highlights on here. And up in the left hand corner of the first

    page it says, 261 slash 262. It begins with 2006 then theres the 2007 time

    frame. And on the next page, it says 27 open cases. One case assigned to

    District IV, which is a questionable, uh, case. I remember hearing

    something about that. Thirteen (13) cases not entered into RMS at the

    Detective Supervisor, etcetera. Okay, lets go over this diagram, what it is

    that you wanted to discuss with that.

    SEAGRAVES: Okay. (Pause) Okay, what I just wanna bring this to your attention soyoure aware. Um, the list that I told you about initially, which I have dated

    on the email October 11th of 2007 I had many more cases on the list. Um,

    (pause) well, no, I may not. They may have come out I take it then. Um,

    the numbers look about the same. What Im looking at is comparing my

    October 12th, 2007 with this document that Hank gave me. So detective

    Weege, seven cases; detective Weege on this one has nine cases. Uh,

    detective Ward had one; one. Uh, Brooks had one; one, so were good on

    that. Philbab had eight on the previous one; and this one Philbab has seven.

    Detective Rojas has three; and that one says detective Rojas has six. And

    this one includes Herrera two and, uh, Cockerham, one.

    Okay, so what I did was I took this document that was provided to

    me because, um, this was what in my mind it didnt matter what I thought I

    had. Its what I was told that I should have. So if this is what the Captain

    was working on and you know the chain of command was working on as

    the document that I needed to explain myself to that is what I focused on,

    okay?

    So what I did was I identified the one that was assigned to

    Cockerham and I just highlighted what I was doing. So I broke it down, I

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    and I sat with each detective and I said, okay, lets go over each of those

    cases that we have that they want us to explain. And if they had a case file,

    I wanted them to bring it in and lets go over it. And, um, and thats why I

    called it the El Mirage Audit, okay? So it was before, it was before

    anything happened I started documenting you know this stuff.

    Um, honestly, I, I, I saw the writing on the wall when the negative publicity

    and I thought this is gonna be an issue at some point. Um, I was aware of

    it. I was trying to do everything I possibly could but, um, there was no

    question in my mind that at the end of the day, um, as in any unit theres,

    theres more work than there are people. And the only way that youre

    gonna make that happen is if you have more people or have more hoursand sometimes that works and sometimes it doesnt. So I wanted to sit

    down with the detectives and have them explain to me in their own words

    what it is that they saw about that case, not what I saw, but what they saw.

    So this is based on what they told me and the documentation to either, um,

    well, youll see as we go into it, to support or, or whatever, whatever the

    case (unintel 56:32). So this case was assigned, um, to, to detective

    Cockerham.

    TUCKER: And were lookin at 2006-114984.

    SEAGRAVES: Okay. So this came from the sheet that was given to me by Lieutenant

    Brandimarte in reference to El Mirage. Okay, this case RMS shows it was

    to Cockerham. This case is a case that was a second report in reference

    same suspect. The initial ca- when initial case went to Ro- Rojas and we

    made an arrest on a suspect. The suspect was Chris Schaeffer and hes

    already taken a plea agreement, so its listed on the list as Cockerham. So it

    was reassigned from Cockerham to Herrera and then to Brooks this, this

    one case. So, basically, you have a duplicate case, okay? Same exact case,

    same exact. Um, this case is closed in RMS and the arrest was already

    made. This was a callout.

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    TUCKER: Okay, when you say duplicate case, explain what you mean by that?

    SEAGRAVES: Um.

    TUCKER: Because is it, is it charged under the Roy, Roy Rojas case?

    SEAGRAVES: Yes, it is.

    TUCKER: So this case is, is 11-4-984 is a, is a second DR on the same

    incident?

    SEAGRAVES: Um, I dont know if its the same incident. Um, I, I, I believe, well, I dont,

    Im not gonna say for certain because I dont know.

    TUCKER: Okay, but at least its been (unintel 57:48) to your understanding

    under the same

    SEAGRAVES: It has been, this was a callout.

    TUCKER: (unintel 57:51).

    SEAGRAVES: That it was Chris Schaefer, um, on Valentines Day cause I remember very

    clearly this was a case that was a callout in El Mirage. And it was an

    allegation of, I mean I remember it, it was a little girl who, um, was being

    baby sat by Chris Schaeffers wife and, um, mom walks in and the little girl

    is laying on the bed with her butt towards the very, um, you know edge of

    the bed and hes, theyre both fully clothed and hes got the little girls legs

    like up near his shoulder blades and hes just rubbing against her and he has

    an erection. And so this case it was a callout you know. Mom tells the

    mother of the child and the mother reports it. Um, we cant do a

    confrontation call but we have enough, there was also a witness, a little boy

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    walks in. So, we made an arrest on this. We made an arrest like right as

    soon as we got it. It was you know a good case, um, and it was done. And

    the guy ended up taking a plea and he, I dont know what he got, but it

    was like a lotta time he got.

    TUCKER: Okay, and what, whats the issue with this case as far as it was

    reassigned to Cockerham to Herrera to Brooks? Where, where seems to be

    the fault in that it wasnt closed or tied with the other case or?

    SEAGRAVES: Um.

    TUCKER: Do you understand what Im sayin?

    SEAGRAVES: Yes, I do. Uh, the Cockerham was because when I very first got in the

    unit, Cockerham was in the process of transferring out. I dont know if it

    was, um, I dont remember if it was already set or he wanted to go and he

    was gonna go to Jail Crimes. But it was like a, an equal switch because,

    um, Herrera, Herrera came over. And, um, so it went from Cockerham no,

    I take that back, Herrera hadnt left yet so it was Cockerham so it had to

    be reassigned. So when he was leaving, I took the cases that were assigned

    to Cockerham and reassigned them to other detectives. I just disbursed

    them you know. I didnt just give them all to the same detective. I

    disbursed them.

    So it went to Herrera. Shortly after, um, I had issues with Herrera.

    He just, he couldnt keep up. Uh, his mind set was he was way too

    religious. He made judgment calls based on whether somebody went to

    church, uh, whether they had clean houses. He was just really not a good

    fit for there and, um, he just, he just couldnt keep up and he couldnt view

    pornography. Uh, he wouldnt allow anything and a search warrant to

    come in his, in his, um, cubicle because it had a mojo on it. He was just

    very superstitious and he, he had no business being in Sex Crimes.

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    TUCKER: Okay.

    SEAGRAVES: So he got moved. At my request, he got moved. So, um, then Brooks came

    in and he was, he came in, I think he was the, the swap from Cockerham,

    Brooks. We did a transfer.

    TUCKER: Okay.

    SEAGRAVES: And then eventually, um, it was assigned to Brooks and it wasnt cleared.

    And I dont have an explanation of why it wasnt cleared. Somebody didnt

    do a clearance sheet. Somebody didnt associate the two cases.

    TUCKER: But for some reason it just didnt?

    SEAGRAVES: It didnt.

    TUCKER: But you identified that when you were asked to look at it on this

    list?

    SEAGRAVES: Yes.

    TUCKER: And thus, thats why your last bullet point says arrest made, case

    closed?

    SEAGRAVES: Yes.

    TUCKER: Okay.

    SEAGRAVES: I dont have the corresponding DR, but Im very clear on this because I do

    remember this case.

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    TUCKER: Okay.

    SEAGRAVES: Okay? So the next one is 07, uh, 101850.

    TUCKER: I apologize. Can I ask you to go back to the chart for just a

    moment?

    SEAGRAVES: Sure.

    TUCKER: Now when we look at it, you have it highlighted in yellow, right?

    SEAGRAVES: Yes.

    TUCKER: So this is the case we just discussed?

    SEAGRAVES: Right.

    TUCKER: The next case were gonna discuss is this one thats highlighted in

    yellow, correct?

    SEAGRAVES: Right.

    TUCKER: Um, whats the scoop with all these others in between?

    SEAGRAVES: Um, well, how its given to me, these are all given by dates. And theyre all

    by different detectives. So in order for me to try to keep the continuity of

    when Im talking to the detectives, I just figured I would do all

    Cockerhams, all Philbabs, all Rojass, regardless of the time. I you know

    if it says that you know, um, the sheet that.

    TUCKER: Okay, I understand.

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    SEAGRAVES: Yeah, Cocker-.

    TUCKER: I understand now.

    SEAGRAVES: According to what this is what was given to me, Cockerham had one so

    thats one checked off. So then I just did each detective and I went over

    each case,...

    TUCKER: Okay.

    SEAGRAVES: case specific. And if you wanna look at that while Im doin that if that

    helps you out.

    TUCKER: Might. Who, who has this case then?

    SEAGRAVES: Um, well, Ill tell you.

    TUCKER: Is 101 (unintel 1:02:11)?

    SEAGRAVES: Its a mis- its a miscellaneous and Ive got it noted in the back.

    TUCKER: Okay.

    SEAGRAVES: Okay?

    TUCKER: Alright.

    SEAGRAVES: So the next one, um, let me look at these so I can make sure Im giving

    you the right detective. (Pause) Okay, I guess, uh, in this book its different

    in the copy I made. In this book, um, its not assigned to anybody.

    TUCKER: Right, its open.

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    SEAGRAVES: 101850, its not assigned. Its not a report, not listed in RMS, okay?

    TUCKER: Okay.

    SEAGRAVES: So now I dont know that this is even mine.

    TUCKER: And again, were goin o- over 2007, uh, its 07-101850.

    SEAGRAVES: Um hum.

    TUCKER: And this report is not listed in RMS so, therefore, you may noteven have received it?

    SEAGRAVES: I dont even know it existed.

    TUCKER: Okay.

    SEAGRAVES: So what I did was first of all, I check RMS. Thats the first thing we do. So

    when I went to go research the report, I checked in CAD and per CAD,

    um, it doesnt say why it was initially coded. It was 647 Adam which is not

    a Sex Crime. And then the disposition was changed to a 262, okay?

    TUCKER: Okay.

    SEAGRAVES: So thats what CAD says. Alright, so then Im thinkin alright, so do you

    know about RMS when you, how, how a case comes in?

    TUCKER: Like you my, my experience with RMS is minimal.

    SEAGRAVES: Okay, okay. Well, you know, um, something can be and this was

    something I learned as a result of you know finding out the deficiencies

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    when reports not coming to me. Um, a case can be, you can pull a case a

    262, you can pull it but if you dont make it into a case to be worked, its

    just, it hasnt gone to that final process. Its like a two step process. You

    could pull it and its a 262 but then its lacking certain information, so

    theres no, nothing comes to me. Its just there. I dont know where it is

    but its just.

    TUCKER: So an entry, an i- an initial is made but there, lets say a second

    phase where

    SEAGRAVES: You have to.

    TUCKER: someone needs to enter data and it actually has to get kicked out

    to a unit?

    SEAGRAVES: Yes.

    TUCKER: Does that make sense?

    SEAGRAVES: Okay, yes.

    TUCKER: Okay.

    SEAGRAVES: So, um, its a two step process. So thats similar to this case. So when I,

    when I say never made it into a case thats the second field that you have

    to make it into, add certain information that youre required to do,

    including (unintel 1:04:30) information which is victim, suspect.

    Someones manually gotta put all that stuff in there. Now before I got to

    the unit, um, sometimes it would be done, sometimes Margie would do it,

    sometimes Cheryl would do it. A majority of the time, Cheryl did, um,

    shed get the report but she wouldnt make it into a case, um, so uh, thats,

    thats not true. That, what Im trying to say is that she would assign those,

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    but if its not, if it doesnt, isnt made into a case, we would not have any

    knowledge of it, okay?

    So lets see, I requested a copy of the report from Records. The

    last page of the report indicates that a copy of the report was faxed over to

    me; however, the phone number where it was faxed is not a fax number,

    um, its my office telephone number, okay? So I never received it but it did

    say and the date on that was 12-4. Um, if this case was never sent over to

    me, I would have never known it existed or worked or assign it or to enter

    it into RMS. I was unaware of this report until it appeared on the list

    provided to me by Lieutenant Brandimarte. And so heres what I have. It

    shows, I pulled the CAD printout which shows it initially came out as a647 Adam. It.

    TUCKER: And (unintel 1:05:40) type is 262.

    SEAGRAVES: Its changed to the 262. Um, and it talks about little bit you know, um,

    about the incident.

    TUCKER: Lets take this, for example, uh, with this particular case with you

    not having known anything about it until Lieutenant Brandimarte gave you

    that list, do you know when Lieutenant Brandimarte gave you that list?

    SEAGRAVES: Oh, yes. He gave it to me,...

    TUCKER: The date?

    SEAGRAVES: um, (pause) right before all this hit the fan.

    TUCKER: So, um, November?

    SEAGRAVES: I dont know exact date. I know I do have something, I do have an email

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    from him somewhere in reference to be prepared to explain it with a list

    that he gave me. So that was where Im referring to that list.

    TUCKER: Okay. Alright.

    SEAGRAVES: So somewhere in my documents. (Pause)

    TUCKER: Im just trying to find a correlation between you know this is a

    2007 DR, uh, taken May of 2007 and you never or werent able to learn

    about this until you were provided with some form of cross reference

    material. I dont know if this chart has the date on it, no, it doesnt. But it

    does go through October of 2007, so Im assuming October 2nd

    . It has tobe post October 2nd of 2007.

    SEAGRAVES: Well, you know here, heres the list on 10-5-07. Its the same list that

    were talking about the, the you know shaded copy that were referring to

    that Mike Pokeno had. It was after that date, okay?

    TUCKER: Okay.

    SEAGRAVES: Because this is the final, this is after what El Mirage turned o- we had

    turned over to El Mirage and as a result of you know their complaint

    against us, a result of you know the Captain, um, doing whatever.

    TUCKER: Right, I understand.

    SEAGRAVES: Okay, so specifically, it might be in one of those emails.

    TUCKER: Okay, so each of these without having to waste all of your time

    going through each of these, um, you have a preface statement and, and

    this is the research that you did based upon the chart or the spreadsheet

    that was given to you by Lieutenant Brandimarte. And the next one in here

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    is 07-122917 and, and a brief statement about what you learned as a result

    of your investigation again, report not listed in RMS. It is listed in CAD.

    And you pulled the CAD history for it and its actually coded as 902 and

    then final disposition is 262. So it goes from follow up to some form of

    assault. But, uh, you have multiples of these in here, right?

    SEAGRAVES: I have each one of them in here.

    TUCKER: Okay. So when you say each one, again, Im just trying to identify

    on this, on this chart that you have that you were given by the Lieutenant,

    Lieutenant Brandimarte. You have some that are highlighted and then

    some that arent and then some that are highlighted. The ones, explain tome why some are highlighted and some arent, so Im clear.

    SEAGRAVES: Well, um, I was just going through, through my list here. Um, the ones that

    are highlighted are Cockerham and the ones that are not listed in RMS.

    TUCKER: Okay.

    SEAGRAVES: So, um, I think Cockerham only had one, so he wasnt in the unit for a long

    time so I just took that one. But as far as the other ones that are

    highlighted, theyre the ones that are not assigned to anybody and theyre

    not, theres some notation on the side of it either not, not report, not listed

    in RMS, and a digit may be off, missing or

    TUCKER: Um hum.

    SEAGRAVES: something that I could not, um, they werent assigned to any specific

    investigator. Then as, then as you go down further in the stack, I go

    through these are all Jims.

    TUCKER: Okay.

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    SEAGRAVES: These are all Marys. These are

    TUCKER: Right, right.

    SEAGRAVES: you know these are all Johns, so.

    TUCKER: I under- I understand that part of it. But did you look up each one

    of these cases that are on this list?

    SEAGRAVES: I did, each one.

    TUCKER: And are there some that that are immaterial or?

    SEAGRAVES: Yeah, there are. You know let me just give you an explanation on this one.

    Im just gonna tell you like these are some that like we turned over and

    (unintel 1:10:01).

    TUCKER: Okay, this is 2007-101850.

    SEAGRAVES: Um hum. This report is, is not in RMS and when I went to research it, I

    checked in CAD. It says it doesnt say why the report was initially coded as

    647 Adam, wait a minute, um, were talking about the wrong one, I

    apologize.

    The 07-122917, listed in CAD, not in RMS, coded in CAD as a 902. Final

    disposition is 262. There is nothing in the CAD information to indicate why

    the disposition changed. I requested a copy of the reports from Records.

    The report indicates the alleged victim said she had been drinking. Doesnt,

    doesnt know if she was sexually assaulted. Okay, these are those, this is a

    prime example of some of the cases that meet a lower level according to

    our Policy and, um, where it fits in why, why its a lower priority.

    Investigator: Lt. B. Tucker, #S0975 Revie