08-0080 seagraves 1st ia
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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.
Investigator: Lt. B. Tucker, #S0975 Reviewer: Capt. J. Miller #685Typed by: A9998Date/Time: July 1, 2008/1500 hours 15 of 71
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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