For those that follow me I’m sure you know that the McMurtrey Cover-up began on December 20th, 2016 when I sent this email to SPD Public Information Officer Shane Phillips. At that time, I even went as far as to warn Phillips that I had copies of the IA Cases, hell I even warned the OPO, OPOC, and City Council. But SPD and Mayor Condon continued to try and hide the McMurtrey case and others.
I explained part of the continuing cover-up in this story, Mayor Condon withheld documents from me and from the public for a period of five months. It is important to understand the documents were only released to me because of OPO Logue’s email documenting the fact that the City Clerk had received the OPO documents FIVE MONTHS prior to them, being released. I am still waiting for the rest of the documents I requested, which will be another story in and of itself.
Notice in the above story I stated this;
“and maintain some hold-backs until I get the rest of what the Mayor and Meidl are willing to give up without litigation”
To show you why Mayor Condon and Craig Meidl wanted the documents held back I will point out some very important things, and still maintain my own hold backs.
You DO NOT HAVE 90 minute meetings regarding an IA Case “recommendations and findings unless there is a big, big problem. Keep in mind that Meidl knew damn good and well a year ago on Thursday June 16th, 2016 the Public seeing the Body Camera Footage would be a huge setback for SPD and him personally. Compare Meidl’s press conference, and later media statements to what his knowledge at that time about what would happen.
So, what transpired in that meeting? We will see what if anything Meidl and Logue have to say!
Apparently OPO Logue had to battle to get Body Camera Footage that SPD had deleted in the McMurtrey Case. This is important from the standpoint of trying to determine just how much SPD is giving the OPO and how much they are hiding. As I have mentioned previously when the Public sees the Body Camera Footage of the Officer John O’Brien case they will be appalled, and beyond that let’s hope the BC Footage of this shooting which as I have alluded to before and even talked to Ozzie about contains considerable officer statements about using non-lethal force prior to Lesser pulling the trigger.
As I have mentioned a number of times if you do a PRR and you receive documents which have been redacted based upon Attorney Client Privilege, it is always a good idea to appeal the ACP redaction. In the case of the City of Spokane the first appeal is via the City Hearing Examiner which was a process set up as a result of one of my earlier PRRs. Beyond the City process the appeal can also be made directly to the Superior Court if you aren’t satisfied with the Hearing Examiner’s decision.
I of course did appeal the ACP redactions that were made in the OPO Documents I received and as you can see the City backed off and provided me an interesting un-redacted copy linked below.
Unfortunately, from an ethics standpoint there is lots more coming folks!
I REPORT YOU DECIDE!!!
This time I might keep some of the loot!!!
You might ask what OPOC Chairperson Deb Conklin’s Facebook rant is all about, quite simple really, she has a fear that her email interaction with other members of the OPOC will be exposed to the public and show the dysfunction in Mayor Condon’s “National Model for Police Oversight”.
NOTE TO DEB CONKLIN!
When I do a Public Records Request in almost every case I know beforehand what I SHOULD be getting from the agency I make the request to.
Yes, Chairperson Conklin ALL of your emails, voice and text messages regarding OPOC business ARE Public Records, including any OPOC business you conducted using this email address; email@example.com
My problem now is when I receive a Nissen affidavit from Chairperson Conklin how will I know that it is truthful?
Obviously, the Chairperson’s rant will end up being a problem for Mayor Condon and the City Attorney, as well as Ms. Pfister and Ms. Farnsworth.
Without showing my hand at this point let me remind you of this story.
I REPORT HSS YOU DECIDE!!!
For readers that don’t recall this January 13th, 2017 story and public records request forced Mayor Condon and Chief Craig Meidl to come at least partially clean.
That story forced Craig Meidl to hold a press conference and release the Body Camera Footage of “the most atrocious demeanor by an officer” he had seen. The “atrocious demeanor” was not so incidentally against an African American individual, just as IA Case C17-003 involving Officer John O’Brien will even though Condon and Meidl are using the Fade and Forget Strategy to lessen the adverse impact for both of them when Meidl has another Press Conference releasing that Body Camera Footage.
As a result of Meidl’s “most atrocious demeanor” case another one far more important to both he and Mayor Condon…FIND THE LEAK…was initiated.
The “Leak Investigation” which began in February 2017 was still “on-going” as of May 22, 2017. I haven’t checked on the status of the case recently, but will, and when it is concluded I will do a PRR as I am sure that Investigation will be another treasure trove of story material the Public should know about.
THE FADE AND FORGET STRATEGY
It is important to understand that the Public Records Act requires that Public Records be made available promptly to any person.
The reason the PRA requires Public Records be made available promptly is to prevent the Fade and Forget Strategy and there have been untold number of successful litigations against agencies for using the strategy, including the City of Spokane, at least one of those litigations resulted in a six-figure settlement. The Spokesman Review was at one time a leader in the State in PRA litigations, they no longer have any interest in bringing PRA violation actions.
The Cappel report regarding the Cotton/Straub case showed a glimpse into the Fade and Forget Strategy employed by Mayor Condon, which he and Meidl are continuing to use.
Keep in mind that Condon nor Meidl, and the City Clerk’s Office could care less about violating the PRA because the money from any settlement or favorable verdict doesn’t come out of their pockets, it comes out of the Citizen’s pockets, and beyond the settlement/verdict there are NO repercussions for them individually.
HOW THE GAME IS BEING PLAYED!
On June 6, 2017 I received this email from OPO Logue.
I have NO REASON to doubt that the OPO provided the City Clerk with documents responsive to my PRR on February 8, 2017. Once Logue’s email was sent to me, quite obviously the stuff hit the fan at City Hall as two days later I received this email from Lori Farnsworth in the City Clerks Office.
It makes it quite clear that the City Clerks Office has been sitting on documents responsive to my January 13, 2017 PRR for a period of FIVE MONTHS (Fade and Forget)! As I reported earlier Mayor Condon’s mouthpiece Brian Coddington reviews all Public Records Requests, for obvious reasons.
When you read two of the documents it becomes quite clear why Mayor Condon, and Craig Meidl wanted to keep them from me and the Public for as long as possible, or perhaps never.
Not only do they provide insight into the McMurtrey cover-up, but also insight into this story.
I’m going to point out just a few things in the above linked detailed documents which are from a period in 2016, and maintain some hold-backs until I get the rest of what the Mayor and Meidl are willing to give up without litigation.
This notation just adds to the list of suspects in the “Leak Investigation”.
On Thursday June 23, 2016 Logue is PO’d that the case is AFU.
Do us a favor Mayor Condon dump your wannbe cop friend from your decision making process! The City would be much better off!
You gotta believe Logue is happy he didn’t get involved with Ozzie’s Holyk cover-up!
Not only a real testament to Mayor Condon’s “National Model For Police Oversight”, but also a sign of the BS the OPO gets from SPD, remember there was an independent witness to McMurtrey’s “atrocious demeanor”!
One of the things I hope you will notice regarding the two OPO documents is that they represent activity for period of only 19 days in 2016, this will become relavent with future stories.
I REPORT YOU DECIDE!!!