I have received a number of questions regarding what I feel we will get from the City Council’s “Independent Investigation” and Kris Cappel. You might remember Mayor Condon tried real hard to get Retired Judge Michael Hogan, whom I’ve never been impressed with do the “Mayor’s Investigation”.

http://www.inlander.com/Bloglander/archives/2015/11/30/retired-federal-judge-to-conduct-investigation-into-condons-handling-of-personnel-issues

 

Fortunately, most people saw through that the City Council finally stepped in (after some prodding) so we ended up with Kris Cappel.

The questions I have received revolve around what do I think we will get…the truth is I really don’t know but I do have some concerns.

 

When Cappel was announced as the investigator, I knew the name and some of the background, but as any investigative reporter would do I went back checked and did some more checking. Some of the things I am reporting were originally going to be hold-backs until after the report was public…but I will give my readers some info and facts today so you can draw your own conclusions.

 

The best place to start is the contract we all have with Kris Cappel. Notice there is a $48,000.00 cap. Those don’t really mean much in the cases of consultants/investigators…more can be added later if need be.

 

City of Spokane Contract with Cappel:

 

https://files.acrobat.com/a/preview/f2046c63-a30a-47db-bbdc-c598fe61cb0f

Another important thing to look for in any contract is the scope of work, that too can be added to or subtracted from. I really don’t like this one.

 

 

 

 

This is Kris Cappel’s company which has quite a bit of history in Washington including an investigation of the Lynnwood Mayor which I will link below and mention I hope we get more.

http://www.seaboldgroup.com/about_us/team/kris_cappel/

Lynnwood Mayor Investigation by Cappel:

 

http://www.heraldnet.com/article/20101004/NEWS01/710049927

 

Cappel’s 27-page report:

 

https://files.acrobat.com/a/preview/6065f645-67c3-45e8-a095-1e2e300e5833

 

Strong Letter:

https://files.acrobat.com/a/preview/0d55735f-8d43-4399-9572-f6c2d0afe850

 

Cappel Response:

https://files.acrobat.com/a/preview/2d505d63-26e5-45c2-9993-59151030651a

 

 

Cappel’s statements on PI ethics:

 

https://files.acrobat.com/a/preview/8a0c6450-d7aa-48a6-8177-055872cc17b2

 

 

 

It is always interesting in Spokane!

 

One of the things you folks might find real interesting is that Kris Cappel at onetime was involved as an investigator hired by a company known as Cedar Grove Composting Incorporated who sued the City of Marysville in a PRA case and her Public Records Requests as Cedar Grove’s hired gun became a bone of contention. So we know that Cappel has a background in doing PRRs.

Here is the Slip Opinion:

 

https://files.acrobat.com/a/preview/1ad35e0c-8f40-4b41-98fd-f5299e62057d

 

Okay…so here is the interesting part, and the reason Cappel’s name was familiar to me.

Believe it or not Cedar Grove Composting Incorporated, is strongly associated with the Condon Family as well as other notable Spokane Families, including the Rivard and Stone Families. Does that matter as far as this investigation is concerned, well we all hope not!

 

That is all I’m giving up today folks!  🙂 🙂

 

http://old.seattletimes.com/text/2020683955.html

 

Look People… I don’t just make this stuff up!!!!

 

 

I REPORT YOU DECIDE!!

 

 

 

I received a really quick response to PRRs I submitted to obtain the IA Cases involving Mell and Lydia Taylor. Which would lead anyone to believe that there is something in the Mell and Lydia Taylor cases that the City of Spokane, and the Spokane Police Department don’t want me or the public to know anytime soon.

 

Keep in mind that back in April 2015, the same time the Cotton/Straub case was screwed up by the Mayor and Teresa Sanders the Mell and Lydia Taylor case was also going on. I have confirmation that back in April of 2015 other members of the media submitted PRRs and received redacted copies of the Lydia Taylor IA case.

 

BACKGROUND:

 

In early October of 2014 the FBI investigation of Mell Taylor for receiving steroids, which was the result of a large scale DEA international conspiracy case became known and was reported in all the local press. Frank Straub who was unhappy with the media reporting held this press conference on 10/3/2014. As it turns out some of Straub’s statements in the press conference were untrue. The FBI sends their case to SPD and the Spokane County Prosecutor, Jack Driscoll decides not to charge. Some kind of deal is apparently struck and Mell Taylor escapes any real IA Investigation by SPD by retiring.

 

http://www.khq.com/story/26700071/watch-chief-straub-addresses-internal-affairs-investigation-into-two-officers

 

http://www.spokesman.com/stories/2014/oct/03/police-chief-embattled-detective-received-steroids/

 

 

Approximately seven months later the results of the Lydia Taylor IA Investigation are out, reporters submit PRRs, and receive redacted copies of the IA Case.

http://www.spokesman.com/stories/2015/apr/25/police-sergeant-demoted-2-ranks/

 

The Lydia Taylor IA case is never posted on Director Tim Schwering’s IA website for some reason. SPD Brass recommend Taylor be fired because she is a “Brady Cop” but Straub and Mayor Condon decide to keep her on the job despite the fact she is now a “Brady Cop” (** Taylor is on the Spokane County Prosecutors “Brady List” under her maiden name “Pritchard”.

There were many good SPD Cops that were really PO that Condon and Straub retained a “Brady Cop”, who was considered one of Straub’s Golden People, along with her husband.

 

The stuff hits the fan, the Cotton/Straub issue finally hits daylight and complaints are made by Straub’s Senior Staff and the Union. Which included among other thing this:

 

* Unreasonable emotional outbursts

* Personal Attacks

* Threats regarding our employment and position

* Scare tactics

* Retaliation

* Degradation of character

* Demeaning and condescending treatment

* Profane and highly inappropriate language

* UNTRUTHFULNESS

* Misrepresentation of the Mayor, City Administrator, and others

 

Some SPD Cops make complaints about Monique Cotton’s veracity a key player in those complaints is of course Lydia Taylor to whom Cotton was accused of making a false report.

Lydia Taylor and Monique Cotton needless to say had a close working relationship.

https://files.acrobat.com/a/preview/50580210-22ca-4fc4-85f3-6b76980b23c8

 

Frank Straub, as we know, was asked to resign and joined the growing number of lawsuits against us.

 

 

Well there is some of the background, there is of course a lot more.

 

WHERE WE ARE TODAY!!

 

 

 

I did as Teresa Fuller directed me to do submit a PRR for the previously disseminated Lydia Taylor IA Case and here is what I received.

 

 

 

 

Since Teresa Fuller as SPD PIO seems to not want give up any information and simply ignores my attempts at contact, I also requested her Job Description, and of course was NOT surprised to learn there isn’t one. I also learned that the PIO job at SPD is one of those infamous GP jobs that a Chief of police can award to anyone he wants, John Gately I believe had a similar one.

 

 

***I hope to get another story out today that is related to this story and hopefully will answer a number of questions I have received regarding the City Council’s “Independent Investigation, so stay tuned.

 

 

I REPORT YOU DECIDE!

 

 

 

 

UPDATE…UPDATE

Of course if you ask the right questions you might get answers that show that none of the Council members were intimidate by Pat Dalton’s threat.

Stratton out, Beggs In

City Councilwoman Karen Stratton is stepping down from the committee guiding the investigation into the Straub-Condon controversy.

The reason? So she can feel free to talk to the investigator about the investigation.

“It’s simple. I got a notice from the investigator that I was on the list. The witness list,” Stratton says. “I didn’t realize I was. And so I thought about it and thought, I would like to participate as a witness.”

Stratton was one of two councilmembers who had voted against waiving privilege in order revealing what was said in executive session.

But she says she’ll answer every question if asked.

“I’ve given this a lot of thought,” Stratton says. “I’m going to answer the questions. If by answering the questions, if that means I have to divulge that, I will.”

 

http://www.inlander.com/Bloglander/archives/2016/03/01/city-hall-eyeball-baumgartners-hearts-nay-on-tpp-and-stratton-off-straub-investigation

http://www.inlander.com/

 

 

 

_______________________

I would love to be!

http://www.spokesman.com/stories/2016/feb/29/breean-beggs-appointed-to-city-committee-investiga/

 

 

The appointment of Breean Beggs to replace Karen Stratton on the Committee overseeing the “Independent Investigation” into the Condon Administration was a good move on the City Council’s part for a number of reasons including his background and Karen Stratton’s conflict. She was quite right to resign from the Committee.

 

I would love to be a fly on the wall during their meetings, not only to see what information the Investigator has obtained but also to compare their meetings with the meetings I have been involved in during Joint Defense Agreements (JDAs). JDAs involve cases where there are a number of defendants in a large case each represented by their own lawyer who have a written agreement to work together in a common defense of the case. JDA meetings have a dynamic all of their own because you have a number of lawyers involved, often with some disagreement over the proper direction to go.

When I take a look at the actual City Council Investigation Committee I can’t help but believe their meetings will be a lot like the ones I have experienced.

 

Why? You might ask, well let me run it down.

Breean Beggs – Lawyer

Brian McClatchey – Lawyer

Laura McAloon – Lawyer

Kris Cappel – Lawyer (Investigator)

 

Need I say More??? 🙂 🙂

 

This SR story linked below gives a bit of a picture as to what is going on. Laura McAloon, a friend of Condon’s, was his appoint to the Committee. McAloon is kind of a Democrat but when it comes to loyalties…who knows? It looks like before the investigation even got off the ground she was far less concerned about getting to the truth than how much it might cost in lawsuits. It should be obvious to Ms. McAloon, then and now, that hell yes the Administration’s handling of a lot of things, including this, is going to cost US Big Time. Beyond that as a lawyer she should know that all of the Plaintiffs suing the City so far will do their own investigation and through their investigation and litigation discovery will have darn near everything anyway.

 

“According to Stuckart, Laura McAloon, who was appointed to the committee by Condon, asked the committee’s other members if the investigation should move forward because it likely would uncover actions by city officials that would lead to lawsuits.”

 

http://www.spokesman.com/stories/2016/feb/09/city-attorneys-threaten-criminal-charges-if-spokan/

 

From a political standpoint I’m kind of waiting for Laura McAloon to resign from the Committee publically decrying it as a political witch-hunt. Wouldn’t that be fun and it adds an interesting dynamic to the Committee and the Investigation.

 

BACK TO YESTERDAY’S SR STORY:

 

“Karen Stratton, who said she resigned from the committee after she was asked to be interviewed by the investigator, Kris Cappel, to avoid an appearance of conflict.”

 

Of course we are missing the obvious follow-up question that should have been asked and reported if it was…” Did you provide a statement to Kris Cappel?”.

Even though you will probably get a response saying something like “I can’t tell you right now.” Non answers are sometimes answers…so you ask the question.

 

OKAY…my comment above was a lead-in to this story:

 

http://www.khq.com/story/31307047/city-officials-participation-in-independent-inquiry-into-handling-of-frank-straub-situation-is-now-voluntary

 

City Spokesman Brian Coddington said the process of the independent inquiry has been “further complicated” by Frank Straub’s lawsuit. Because of that active litigation, Coddington said some employees have sought more information about their participation requirements. That promoted an email from one of the employees on the list asking if they were required to participate, according to Coddington. 

City officials said Asst. City attorney Erin Jacobson, who works with labor groups, relayed that participation is now voluntary. KHQ’s Hayley Guenthner asked Coddington what kind of impact this could have on the investigation.

“That’s unknown at this time,” said Brian Coddington. “We are still on the same timeline for the independent investigation.”

 

Good question by Hayley Guenthner, however the follow up to Coddington should have been…” Does this have anything to do with Mayor Condon’s power to compel statements from our public employees under Garrity v New Jersey?

( https://en.wikipedia.org/wiki/Garrity_v._New_Jersey ).

 

As I mentioned in a recent Tweet I wondered how long it would take for Garrity to come into play.

 

Garrity is somewhat of a complex issue so I won’t go into any detail here, but will mention that as far as Erin Jacobson is concerned her name shows up all the time in Cop Union issues, but the Unions representing non-cops would be remiss not to bring Garrity forward.

 

Because this is NOT an “Administrative Investigation” rather an “Independent Investigation” my guess is that the Mayor has taken the position that he CAN NOT compel our employees to talk to the City Council’s Investigator, which IMO is true. However, the CC has the power to take statements and testimony under oath, so it will be interesting to see if that, and a lot of other things are actually done, or not done.

 

 

THERE IS A LOT OF EVIDENCE TO REVIEW AND A LOT OF QUESTIONS THE MAYOR MUST ANSWER!!!

 

The City Council’s Independent Investigation is supposed to be completed in April, as you know I have question the short timeline for the investigation, but maybe Kris Cappel works a lot faster than I did.

 

There are a lot of questions the Mayor should be answering and here is just one example.

Remember the big press conference announcing Straub’s “resignation” that hit the media on 9/22/2015?

 

 

http://legacy.krem.com/story/news/local/spokane-county/2015/09/22/spokane-police-chief-frank-straub-resigns/72651010/

 

http://www.kxly.com/news/spokane-news/spokane-police-chief-straub-quits/35422116

 

Now take a look at these text messages between Straub and the Mayor.

 

https://files.acrobat.com/a/preview/b938814e-5775-4e5b-aefd-ec199039f770

I would love to ask the necessary questions about the meeting the text messages refer to on 9/21/2015.

Of course I would ask questions about the 10/15/2015 text too:

 

“10/15/2015 16:38 Send Sent draft with transition plan will call shortly.”

 

https://examplepro.me/2015/12/28/where-is-he-now/

 

But you can develop your own!

 

One other thing that we should keep in mind, and as I have pointed out previously, when one looks at this situation as a whole, without question there is some evidence of possible criminal conduct, so it isn’t beyond the realm to think that some lawyers, including the Mayor’s, will advise their clients to take the Fifth. Now wouldn’t that be interesting?

 

 

I REPORT YOU DECIDE!!

I have received a number of questions basically asking… “What the hell are you doing?”

Maybe this will kind of explain it (absent holdbacks of course)!

I sent this email to Teresa Fuller today in an effort to get some understanding regarding how the IA Website is going to be handled in the interest of the Public. As a member of the media I don’t mind doing a PRR, even though it does add to the burden of the City Clerk’s Office. My thought is that it would be helpful to the Public who actually want to read what went on and draw their own conclusions. I actually thought that was the intent of posting the IA Investigations. I don’t mind reporters picking aspects of an IA Report that they think are important and writing a story from it, it’s just that sometimes I might or the Public might see something that they feel is significant. That is why I always try to give you the links so you can make your own judgement. So I hope everyone including Officer Fuller realize some of what I’m doing here.

 

 

 

 

We shall see!

 

I REPORT YOU DECIDE!