August 2008 Archives

Since his name and respected work has been all over this blog, I think it's time to introduce colleague and friend Mike Cruz. I like the idea of readers knowing a little bit about the journalists whose reports they read and trust.

Cruz, a veteran reporter with The Sun, has worked extensively with me in chronicling the saga related to Sgt. Bradley Lawrence, the San Bernardino officer who has been accused of unlawfully detaining residents.

Cruz's steady courtroom reporting has been instrumental in bringing you, our readers, fresh and full news in this complicated case.

On a personal note, my cubicle sits close to Mike's, and he and I are in constant communication. Mike is cautious and unflappable. He has a first-rate temperment, which allows him to dispassionately weigh new information and present it objectively.

The public is fortunate to have a trusted newsgatherer like Mike to keep it informed of the happenings at the courthouse and, specifically, in the Lawrence drama.

Below, Mike is pictured working, as usual.

We will run a small-business feature on the Souper Grinder, the fairly new downtown sandwich shop, on Monday.

Below is a shot of owner/manager David Fisher helping a customer. Fisher, who is from Maine, says he has invested all he has into his downtown venture.

Click below for an advance look at the story and some more photos ...

Just confirmed with the City Clerk's office that Tuesday's City Council meeting is scheduled to include an open-session discussion on whether to subpoena Police Chief Michael Billdt to ask questions about illegalities at Operation Phoenix and Parks and Recreation facilities.

Billdt could not be reached immediately for comment. This reporter will provide an update as soon as the chief makes a comment.

First Ward Councilwoman Esther Estrada had a go at convincing her colleagues to subpoena four other officials at the Aug. 18 council meeting. The council rejected Estrada's idea by a 5-2 vote.

Tuesday, the council will again decide whether to subpoena those four officials, Code Enforcement Director Glenn Baude (currently on administrative leave), Parks and Recreation director Kevin Hawkins and recreation officials Curtis Brown and Glenda Martin-Robinson.

Billdt was added to the subpoena list in the wake of concerns that the Police Department may have slowed its investigation of nude photos taken at a city recreation center. The pictures were reportedly taken by Mike Miller, the former Phoenix center manager who is now accused of several counts of child molestation.

The union representing San Bernardino cops has taken the unusual step of issuing a statement that publicly calls for the council to use subpoenas to determine if the Miller investigation was politically compromised. The worries are bolstered by news reports that police waited about five weeks after Miller'sw July 3 arrest to interview a now-fired recreation employee who confirmed for investigators that the women in the photo was an adult.

The chief and Assistant District Attorney Dennis Christy have said the concerns are baseless. Both have said earlier this week that since the woman in the photos is an adult, no crime was committed. Christy said prosectutors became aware of the photos during the early stages of the Miller investigation and it's his view the snapshots have little evidentiary value in the prosecution against Miller.

I went down to the Souper Grinder, a new downtown deli, to do a small business profile on the popular eatery.

While there, I saw Tim Prince and family. Prince, as most of you know, is challenging incumbent Jerry Lewis for the local Congressional seat.

Prince said he was stopping by after leaving his campaign offices in Redlands and catching up on some business at his San Bernardino law offices. He was en route after lunch to the big DNC-watching event at Perris Hill park.

Below is Prince with wife and daughter.

The back-and-forth of paperwork between the Mayor's and City Attorney's offices has continued this week. Initially, the most visible problem was the prospect of super-heavy trucks exceeding the city weight-limit when hauling pipeline segments for a Metropolitan Water District Project.

Click below for full report ...

One of the crucial tenets of open government is for citizens to be able to know their leaders' backgrounds/qualifications for the public business they are paid to conduct.

If someone is installed atop a multimillion dollar public agency, for instance, the public theoretically has a right to an explanation as to why this man/woman is right for the job.

But that's not quite happening in San Bernardino.

Police Chief Michael Billdt leads a $70 million dollar agency, by far the city's largest. His work is crucial, and he serves at the pleasure of elected leaders. Needless to say, Billdt is the most important policeman in a city where crime is the highest in the county and public safety is a perennial issue.

Yet Billdt's resume is off-limits to the public he serves.

Curious as to why his professional background is not posted on the city's Web site (which is practice for other area cities) I submitted a public information request earlier this year for Billdt's resume.

I was rebuffed. I was told, by City Attorney James F. Penman and Billdt himself that he had no resume available to the public.

I argued that the public had a right to know the professional qualifications of a guy who makes nearly $200,000 in taxpayer dollars and holds perhaps the most important job in the city.

Billdt was unpersuaded.

I talked to Penman just minutes ago. He said his reading of the law is that the public has a right to know the contents of the document, but he was told the document doesn't exist.

"If one (resume) exists, the public is entitled to it," Penman said.

So here we stand, with some mystery atop the city's biggest department. There is a detailed list of requirements on the police chief application, but we have no idea whether Billdt meets them.

But what's important here isn't what is or isn't on Billdt's resume, it's the public's right to have it.

The chief is our employee, and the we the public deserve a document showing his qualifications for the job anytime we ask for it.

In February, I wrote a series of stories about an alleged rape at Patton State Hospital.

I got the story through dumb luck. The alleged victim called me from a hospital phone and told me the heinous details.

But I wrote the stories anyway, and nailed down from official sources that the alleged perpatrator was still working at the hospital.

Soon, the man would be arrested, then charged with a slew of sex crimes.

Now, on Aug. 26, he pleads guilty to sex-crime charges, meaning that we have proof that sexual abuse by an employee on a patient has occurred this year.

Click below to scope a rough draft of what's cooking for tomorrow ...

Keep in mind that some key sources are not yet included.

But what's crucial here is fleshing out what we announced before: That the police union is alleging that the police administration and "City Hall" stymied detectives' efforts to investigate aspects of the Operation Phoenix debacle ...

Click below for the full ....

I've made a lot of noise, and rightly so, about the Police Department's leadership's dogged refusal to give me one simple piece of public information: The day on which Sgt. Bradley Lawrence, an officer accused of serious misconduct, began earning a taxpayer-funded paycheck.

I first asked about two weeks ago, and was rebuffed. Again and again I was told no by Lt. Scott Paterson, who was ostensibly speaking on behalf of the Chief of Police.

Then I got a call this week saying definitively that after counseling with the City Attorney's office, I could not have the information.

Naturally, I fired back, writing a number of blogs bemoaning this grave precedent of maintaining government secrecy.

And then they cracked.

City Attorney James F. Penman called and said there was a misunderstanding between his office and the police over what exactly I wanted. He said I could have the information.

Lawrence was hired in December 1984.

That info alone is not crucial. But the access the press has to this info is vitally important. If government can decide when and if it will divulge when taxpayer funded employees started drawing checks, the public's right to know is seriously eroded.

We wrote a major story on Lawrence last weekend. It relied heavily on anonymous sources, precisely because this kind of clampdown on the truth has occurred.

Remember, we even estimated Lawrence's start date in that story based on anonymous sources (we were right on that detail, just like every other word in the story. It was tight as a drum).

Of course, the fact that local government workers (themselves servants to us, the public) finally capitulated to our demands for open information doesn't let them off the hook.

The fact that it took two weeks to get this little tidbit is totally unacceptable. If we were pinning a medal on Lawrence for heroism, I would have been told his hire date without hesitation.

But since the news is grim, not good, the department selectively clammed up.

Information is either free or it isn't. You can't shut down the flow when the scrutiny is getting hot.

Let that be a lesson to public servants everywhere.

I'm still technically an economics and social trends reporter, so I need to shore up my bona fides on this topic while I'm constantly consumed with the fast-developing Phoenix/Lawrence/Dorjils stories.

So here is a thought. We hear a lot about - and sometimes grouse about - welfare and other government subsidies to help the indigent. Supporters say these subsidies are crucial to the survival of the people our economy leaves behind and necessary for the health and well-being of their children.

Detractors tend to say welfare begets more dependence and entrenches the cycles of poverty without really helping anyone.

But what few people note is how both sides have merit on one common point: Welfare programs poorly designed toward the goal they should all have - Asset building.

I'm not alone here proposing some radical move in a bold Op-Ed piece. I'm reporting what the dominant research in this area is consistently saying.

The problem is that welfare is set to shut down as people make more and accumulate more money, leaving them often in a Catch-22: If they work, they make less or the same, while if they don't, they mired in the haze of welfare dependence.

More importantly, many aid and subsidy packages are set to disqualify people if they save a rather small amount of money.

This is unbelievably short-sighted. People who need welfare subsidies because of pay that fails to meet basic living costs should be counseled and enrolled by the government into asset-building plans, not penalized for trying to save.

In short, people should be more slowly weaned off of assistance as they work and their pay rises. Savings programs should be encouraged or even compulsory for welfare recipients, and the amount they save should not inversely affect what they are eligible to receive.

Breaking story ... also on www.sbsun.com ...

SAN BERNARDINO - The city's Police Officer's Association on Wednesday issued a press release suggesting that "political maneuvering" slowed detectives' investigation into nude photos found on an Operation Phoenix official's camera.

Union President Rich Lawhead said it is "illogical to conclude that our detectives would fail to investigate" whether a nude young woman found on Mike Miller's camera was over-18. Miller, a manager for Mayor Pat Morris' anti-crime program, was arrested June 3 on more than 20 counts of alleged child molestation.

Citing concern for the department's reputation and a suspicion that detectives "had their hands tied, for nothing less than political purposes," Lawhead also expressed support for Councilwoman Esther Estrada's recent failed bid to subpoena people involved in the Operation Phoenix investigation.

Police Lt. Scott Paterson has said that any suggestion that detectives were dissuaded from investigating photos out of concern for political backlash are completely untrue.

Most of you probably already saw today's (CLICK LINK HERE>) story about an unfinished investigation into a serious police/community clash in August 2007.

There is another, shorter story on this same topic in the (CLICK LINK HERE>)Press Enterprise.

Let's recap the high points of the story:

* On Aug. 19, police respond for unknown reasons to the Dorjils apartment complex. A crowd is gathered for a curbside vigil for a man slain the day before. A violent clash between police and the crowd ensues.

* Community member Linda Hart says police and the mayor are wrong to blame residents for their own inexcusably protracted investigation. She calls for an independent probe.

This is an important story for a number of reasons. What is most important isn't even whether police acted properly or improperly. It's the perception.
This community, for which the police theoretically work, has little faith in its public servants. When serious allegations of wrongdoing arise, department leaders know that maintaining the public trust comes from full, open, and swift investigations that people believe in.

This is not a neighborhood of middle-class people. There are criminals in the Dorjils and Lt. Zion Manor for sure. But there are plenty of decent people and children. Virtually everyone is poor. Almost everyone is black.

Dozens of these very residents came to City Hall en masse and were promised an investigation. One year later the investigation is incomplete and the statute of limitations appears to have expired, and police leaders and the mayor took zero percent of the responsibility. They did, however, say the community was at least partly to blame.

New story about old issue.

In Aug. 2007, the city was roiled by charges of police brutality on the West side after a clash between residents and police at the Dorjils Apartment complex.

Now, one year later, the investigation into the incident is still incomplete, and police officials and Mayor Pat Morris say part of the problem has been a lack of cooperation in the community.

The PE has written a recent story about this also.

Click below for the story ...

Just minutes ago, I posted that Lt. Scott Paterson called me last night to say that we could not know when a taxpayer paid employee began work.

I said that such secrecy was dangerous.

Now, I got a call promising that we can have the information.

City Attorney James F. Penman returned my call. He said one of his attorneys had a discussion with police. He said there was a misunderstanding whereby his attorney was focused on another of my information requests and may have not really understood what I was asking for in this case.

But now, Penman said, he had intervened and that in his legal opinion Sgt. Bradley Lawrence's employment start date is public information.

Obviously the day that a public servant began drawing a taxpayer paycheck is public info. Glad to see a modicum of sanity return to city government.

In any event, the wall of silence will be cracked just a bit. As for the information, Penman said I should have it by the end of the day.

Don't forget that I asked Paterson for this little piece of info weeks ago and was rebuffed. My gut is that the vast majority of departments would have told me the start date for an employee within the hour.

Just listened to a message from Lt. Scott Paterson left last night.

It seems that my public information request for the year on which Sgt. Bradley Lawrence began earning a taxpayer funded paycheck has been denied.

Paterson bolstered the denial by noting the others involved. The City Attorney's office, he said, advised him that the information was by law not subject to the Freedom of Information Act. Paterson also said he'd forwarded the information to the City Manager's office, which would give me the official denial.

I don't need to cite an obscure statute or make a legal argument to tell you we are entering very trecherous ground here. When the public can't even know who works for it and when they started working, accountability is all but gone.

Now the PD assures us they are conducting a thorough internal investigation into Lawrence. But when these same leaders decline to provide any information whatsoever, the credibility of that investigation process is sorely tested.

Mayor Pat Morris' office has issued a written response to a recent communication from the City Attorney James F. Penman that dealt with "perceived mayoral interference" with top officials' duties.

Morris' Aug. 15 memo is a defense of his actions and policies. The message also conveys Morris' views on Penman's conduct.

Click below for more ...

Radio station KCAA (1050 A.M.) is planning on bringing Don Imus back to the Inland Empire. Imus, as many will remember, endured national criticism in 2007 after mocking the Rutgers University women's basketball team. Many thought Imus' remarks were racially offensive and called for him to be taken off the air. Others thought Imus sounded like a blowhard but didn't deserve to lose his show.

Click below for the story ...

This is a bit beyond the purview of this blog, but about five freight cars derailed in Fontana. No injuries, and what the train was carrying is unknown ...

There were some interesting lines that didn't make the print version of the unauthorized, brief biography of San Bernardino Police Sgt. Bradley Lawrence (which you can read a few posts down).

I'm going to post a few below.

Also, since I know a lot of readers here are members of the law enforcement community, I want to ask for a photograph of Lawrence if anybody has one. Just send me an email, and I'll keep the source confidential. Otherwise, we'll just have to wait until Sept. 23, when our photographers will go to court looking to take photos of Lawrence.

As for the cutting room floor stuff, the first has to do with former Assistant Police Chief Wayne Harp, who is now interim code enforcement director. I was told by numerous sources that Harp was suspicious of Lawrence's police work and happy to take part in firing Lawrence in the late 1980s, after Lawrence allegedly threatened to tie a teen or young adult male to his car and drag him as an inducement to provide information.
I am also told that Harp is torn, that his loyalty to current department leadership make it unlikely he will talk.

I talked to Harp on Monday. He declined to comment.

Another tidbit ...

Lawrence was back on the patrol beat. At some point, sources say, he suffered a back injury on the job. One officer remembers that Lawrence had told him it occurred when he was thrust against a doorknob while wrestling with a suspect. After a period of time off-duty, , rumors swirled that Lawrence could face an investigation for workers compensation fraud. By the late 1990s, Lawrence came back to work, but for light office duty.

Another chunk ...

But the big move for Lawrence would come later. Numerous departmental sources, all insisting on anonymity because they fear reprisal for speaking to the media about Lawrence or interdepartmental matters, say Lawrence last year applied for an opening on the narcotics team he served on in the mid-1990s, replacing Dave Harp, who was promoted.

Fontana Police have confirmed that they turned Parker over to San Bernardino Police after a traffic stop. Parker's attorney, Gary Wenkle Smith, now alleges that Lawrence kidnapped his client and later searched his house without a warrant, a move Smith calls "burglary."

And lastly, a comment from union president and Sgt. Rich Lawhead:

Lawhead, who has questioned the timing of Lawrence's leave, said the department is committed to ethical law enforcement.
"I'm not accusing anybody of anything, but we want bad apples dealt with to the fullest extent of the law," Lawhead said.

Many readers here are familiar with my 40-year anniversary work documenting Robert F. Kennedy's May 1968 visit to San Bernardino. .

His visit here was an episode in history that left an indelible mark on locals who were there and was emblematic of his frenzied, incomperable and ultimately tragically abridged run for the White House.

But it gets just a scant few lines in Thurston Clarke's otherwise excellent new book: The Last Campaign: Robert F. Kennedy and 82 Days That Inspired America.

I want to recommend this book in the strongest possible way to anyone ready to learn just what a Presidential campaign could be in a tumultuous time. It is particularly timely amidst the 2008 campaign, and shows just how short both current candidates are with regard to connecting with the electorate in a visceral, empathetic way.

From the book, the short passage mentioning RFK's jaunt through the Inland Empire, with a neat citing of then-Mayor Al Ballard:

After leaving the Hilton, Kennedy spent eight hours motorcading through middle-class and working-class towns in the San Gabriel Valley and in San Bernardino and Riverside Counties. He opened a campaign headquarters and spoke in a high school auditorium and at street rallies. This was not supposed to be friendly territory. After the Watts riots, Californians had voted to repeal the state's antidiscrimination housing law, and a recent poll showed 61 percent believing that "Robert Kennedy spends most of his time courting miniority groups." But although San Bernardino Mayor Al Ballard had equipped city fire trucks with shotguns during the Watts riots and had become notorious for urging residents to arm themselves, he gave Kennedy a rousing introduction. Kennedy did not finish campaigning until midnight. He had again lost his shoes to a souvenir hunter ...

I keep coming back to this subject, which occurred Friday, because it was such a moving experience for me.

This is a moment in history, another in a long line of moments in this protracted war. One of my first assignments, as a college-student intern at the San Gabriel Valley Tribune in the Summer of 2004, was to cover the funeral of a local boy blown up by an IED in Iraq.

Hard to believe that was so long ago. Harder still to believe that National Guard troops are still being sent on yearlong deployments to the combat zone.

The guards I talked to all said something similar: Despite different training specialties (mechanics, communications, etc.) everyone was going to serve in the infantry this time. The regular army is stretched thin, and the U.S. needs these part-time soldiers to serve as combat troops on the ground.

This picture is of Brandon Jackson and his 18-month-old son Izea. Jackson, of Bellflower, told me it did no good to dwell on how much he would miss his family and his son, or the perils of what he would face in the Middle East. He cradled Izea with one arm and held his M-4 assault rifle slung over his shoulder. He said he joined in May 2006, to help pay for classes at ITT Tech.

Click below for more shots of Jackson and his son, as well as a gallery of other shots from the day ...

Some more faces of soldiers and their families on the eve of depure - destination Iraq War zone:

I caught this touching moment between Daniel and Kim Johnson, a young married Hesperia couple. Kim is 6 months pregnant with their first. Daniel will serve in the infantry in Iraq for more than one year. Daniel is confident and reassuring, but Kim is understandably uneasy.

Click below for more shots of Daniel and Kim ...

Click below for the story Mike Cruz and I wrote about Sgt. Bradley Lawrence's career.

The point of the article, basically, is to show that A) Sentiment is very divided in the department over whether Lawrence is a good cop getting a raw deal or a bad cop getting something that was a long time coming.

And B) That Lawrence's checkered history in the department didn't stop him from getting a choice assignment in the narcotics division, a move that raised a lot of eyebrows and had colleagues thinking that Lawrence's alliance with Lt. Brian Boom - and by extension Cpt. Mitch Kimball and Chief Michael Billdt - had helped him get his foot in that door.

Click below to read ...

Here's an early look at a story that's slated to print soon. The article deals with a pending contract between the city and Cal State San Bernardino to use Fiscalini Field for baseball games.

Click below for more ...

By Robert Rogers
Staff Writer
SAN BERNARDINO -- Lezette Montion was wracked with mixed emotions. Love of country, sense of duty.

Fear of being away from her bouncy baby boy.

"Yeah, I worry that my son might not know me when I come back, I'm nervous," said the 24-year-old Fontana native, cradling her 9-month-old son, Anthony. "But I think everyone in this room is a little nervous, you have to be."

Lezette Montion, cradling baby Anthony, whom she must leave to serve in Iraq.

Montion spoke over the din of of more than 1,000 National Guardsmen and women and their families Friday, where they gathered with loved ones one last time before shipping out for what for most will be more than a year-long deployment in the Iraqi warzone.

The farewell ceremony for about 850 California National Guard troops was held at the National Orange Show.

Click below for more shots of Montion ...

A farewell ceremony for more than 850 California National Guardsmen from the 1st Battalion, 185th Armor is happening today at the National Orange Show Fairgrounds.

I'm leaving to go there now. I will bring back plenty of quotes, stories and photos.

Here is another snippet of the unauthorized biography of Sgt. Bradley Lawrence that we're working on ...

Lawrence was hired by the department in the early 1980s, according to police sources.

At the time, Wayne Harp, who now serves as interim code enforcement director, was serving as assistant chief. Harp could not be reached for comment Friday. But the trial ended in a hung jury, and Lawrence was hired back on ...

Colleague Mike Cruz and I are working feverishly to get together a major piece to shed light on who Sgt. Bradley Lawrence is and what his history with the department has been.

This is painstaking, difficult work. No police officers will talk on the record about Lawrence out of fear of jeopardizing their careers. Police brass is mum.

But there is a history here that is nearly as interesting as the allegations made against Lawrence today, namely that he has overstepped Constitutional bounds during his investigations.

Here's a taste of what's to come ...

SAN BERNARDINO - Sgt. Bradley Lawrence has always been something of an enigmatic figure in the Police Department he's worked for since the early 1980s.

Little is known from official sources about the career and life and Lawrence, who was placed on paid leave Aug. 7 after two fellow officers filed separate complaints against him for allegedly violating departmental and Constitutional tenets.

More is on the way ...

Spent the middle of my day down at Luv'd Ones barber shop on Sterling and Highland watching a slew of cute kids filing in to get their shaggy manes whipped into shape.

As an aside, Luv'd Ones looks and feels like a good place to get a cut. Lots of energy and lively conversation.

"News," a 35-year-old barber, tightens up 7-year-old Terrance Stone Jr.'s fade.

A broader scene from inside the barber shop.

Click below for a timely little story ...

Readers are surely noticing the drastic revamping.

It will continue to improve. Easier to read text, more photos and videos, more links, archives that are easier to navigate, expect it all to come together soon.

Make no mistake, this is a major upgrade. Make sure you subscribe to the feed (lower left on the page) so that the freshest news is beamed straight to your computer.

Thanks mostly to you, the readers. It is the comment section that makes this blog lively and informative.

Part of an irregular series in which we look at wise words from history and how they deepen our understanding of the here and now ...

"It is also difficult for men in high office to avoid the malady of self-delusion. They are surrounded by worshippers... They live in an artificial atmosphere of adulation and exaltation, which sooner or later impairs their judgment. They are in grave danger of becoming arrogant or careless - Calvin Coolidge, 30th U.S. president 1923-29.

Indeed, some particularly wise words from a man regarded as not only a decidedly mediocre president, but a very ordinary intellect as well.

But Coolidge was a two-term president who did some things right, like sagely understanding the perils of power. Coolidge's gift and curse as a man was his temperment - cool, detached, unemotional.

That temperment clearly helped produce this wisest of quotes. Coolidge was ensconced against being swept away in the accoutrements of power.

But how many leaders have fallen victim, seen their judgement impaired by the "artificial atmosphere of adulation" that necessarily follows their placement in high office?

History's list is long.

Last night, with the aim of providing sharp, reasoned understanding for you, the readers, I built a detailed chronology of how the Operation Phoenix saga developed throughout the past seven weeks.

The same should be done for our other major story - The ongoing allegations against San Bernardino Police Sgt. Bradley Lawrence.

On its face, this story is about Sgt. Lawrence allegedly flouting some standard police rules in apprehending suspected drug dealers.

But the implications are far more important. In their totality, the allegations against Lawrence (some of which are coming from within the department itself) suggest the possibility that officers have violated fundamental Constitutional principals, namely the 4th Amendment, and may have done so with impunity within the departmental hierarchy.

An investigation is ongoing. But as much as some public officials may prefer a completely secretive process, that is not good enough, not when the internal investigational apparatus itself has been called into question (read below for explanation).

The free press has brought a great many details to light, and that has unquestionably benefitted the public's understanding.
______________

A RECAP:

The Press Enterprise first broke the news on July 17. In a lengthy article buttressed with documents and taped conversations, allegations first came to light that Sgt. Lawrence led his narcotics team in disregarding the Constitution by unlawfully detaining and transporting people while pursuing evidence:

The article, and the things Lawrence said in a taped conversation, shocked many. It demonstrated that the allegations had been pushed up the chain of command, but no action had apparently been taken. It also opened the gates for my article, which my editors had been holding (yes, we do show restraint here at The Sun) until I could substantiate more evidence:

SAN BERNARDINO - A San Bernardino police sergeant has accused a narcotics team supervisor of illegally arresting two men without citing their crime, a violation of state and constitutional law.

"Yeah, I'll tell him. I'll figure something else out then," Lawrence answers. He hangs up.
________________

The next day, July 18, I run with my first article on the brewing controversy:

SAN BERNARDINO - A police sergeant says a colleague has a practice of scooping people off the streets and detaining them without arresting them, charging them or booking them while probing for evidence to bring charges.

"No comment, please don't call again," Lawrence said before hanging up.

_________

All stayed quiet until Aug. 1. That's when a bail hearing for the suspects drew Sgt. Lawrence and his accuser, Sgt. Desrochers, onto the stand to contradict one another under oath:

This day would also mark the first time that another allegation of the same abuse by Lawrence would emerge, this time from the attorney of a Rialto resident who said his client was "iced" in September 2007. The Sun has a booking log that ostensibly substantiates his claim.

FROM PE: At an explosive Friday hearing, San Bernardino County Superior Court Judge John Martin said he expects several attorneys to address in August whether Sgt. Bradley Lawrence illegally detained two gang suspects, then connected to an ongoing investigation, at a July 2 traffic stop.

Alexander and Mackson were detained during a traffic stop without any charges, prior to the search of the apartment, the defense alleges.
______________

On Aug. 8, things changed. Suddenly, Lawrence was placed on paid leave. Police leaders offered no explanation. Our investigations revealed that Lawrence, who had been allowed to continue working after Desrochers' allegations, was slapped with another complaint from another person, this one alleging misconduct during a raid on a local motel:

SAN BERNARDINO - Police administrators confirmed Friday that embattled Sgt. Bradley Lawrence, who faces allegations of unlawfully detaining suspects, has been placed on paid administrative leave.

The move represents an abrupt shift for the department. Lawrence had continued to work since July 2, when Sgt. Michael Desrochers first alleged that Lawrence may have illegally detained two suspects while securing a search warrant as part of a raid at a San Bernardino apartment complex.

***
The misconduct allegations are not the first for Lawrence, who was accused of tying a youth to his patrol car and threatening to drag him in 1989.

_____________

It was three days later, Aug. 11, when we really nailed down the reason for Lawrence's leave. By this point, Police Chief Michael Billdt and Assistant Chief Walt Goggin were almost completely mum.

SAN BERNARDINO - Already dogged by a fellow officer's accusations of misconduct last month, fresh allegations leveled by another officer against Sgt. Bradley Lawrence last week led to his being placed on paid leave on Thursday.

Asked if he shared that opinion, Penman said, "I don't know all of the information on which the police chief based his decision."
______________

On Aug. 12, we're back in court:

With the flow of information and news reports constantly adding to the facts of the case, lawyers and Judge John Martin indicated information swirling around Lawrence would work its way into court.

"When the Police Department concludes their internal investigation, then we'll know more," Hoffman said.

__________

Aug. 13, we report drug charges against one of seven suspects Lawrence helped arrest will be dropped. DA's office later tells me that the charges being dropped had nothing to do with allegations against Lawrence:

Citing insufficient evidence, Deputy District Attorney James Hoffman came to San Bernardino Superior Court on Wednesday and asked to have drug charges against 29-year-old Donald Joseph Mackson dropped.

"This is the only way I can get the information I need," said defense attorney Sean O'Connor, who represents Frederick Edward Williams, 29.

_______________

Aug. 15, a real bombshell article. This time, we reveal that another officer, Sgt. Steve Lowes, was placed on leave in mid-July, weeks before Lawrence. Lowes, sources say, was put on leave for confronting a member of Lawrence's team and imploring him to come forward with what he knows.

By this point, the Police Department has completely sealed off. Whereas before, Goggin and Billdt openly confirmed Lawrence was on leave, they now refuse to confirm or deny their putting Lowes on leave. This represents a clear shift:

SAN BERNARDINO - Police Chief Michael Billdt has placed two sergeants on paid administrative leave over the past month, according to police officials and sources inside the Police Department.

"We have some problems with perceptions. ... It appears there is a double standard," Lawhead said. "That's the perception throughout the organization."

______________

And now, on Aug. 19, we report more fully another attorney's claims that Lawrence violated his client's rights in a separate incident. The attorney says Lawrence committed felonies, and therefore an external investigation is warranted. He calls on DA and FBI:

Billdt declined comment because the case is a personnel matter.

"Unfortunately, it appears that this conduct of Sgt. Lawrence is not an isolated incident. Apparently, he and some of your other officers have made this kind of conduct practice," Smith wrote.

So there is the brief history.

Now, I must briefly focus on something else. It is apparent to any astute reader that the Police Department's leaders have shifted their strategy in discussing this. It basically went from very little, to nothing, in terms of what they'll tell the public.

At first, Goggin confirms Lawrence is on leave and provides the date, but nothing else. Days later, Paterson, Goggin and Billdt refuse to confirm Lowes is on leave at all, much less provide the date.

Now something else. We have asked Lt. Scott Paterson, the department spokesman, repeatedly to provide the month and year on which Sgt. Bradley Lawrence began working for the department.

He has not provided it, and gives no indication he will.

This is a troubling sign. It is difficult, to put it mildly, to justify witholding a piece of information as theoretically transparent as when a public servant began earning a taxpayer-funded paycheck. But that is where we are.

Obviously, not divulging when a government worker began employment is angling toward the extreme side of secrecy.

As the readers, you can decide for yourseves how to think about this issue. I thought it important at this point to draw together the highlights of what has occurred with this important case.

As for the last part, where I report that the department is unwilling for the time being to divulge when Lawrence began employment, I think that is important for you to know.

Heck, my job is to tell you what I know. Glad to do it.

Click below for preview of lengthy version of tomorrow's story ....

We broke the story months ago about how Mount Zion Baptist Church Pastor T. Elliott was mistakenly arrested and held briefly in local jail due to a record-keeping error at Arrowhead Credit Union.

Elliott is sueing the union.

On Monday, Judge Wade rejected most of the bank's moves to dismiss Elliott's case. Elliott's attorney, Greta Curtis, told me Monday night that her client's case is solidified by the judge's ruling and that she expects the bank will look to settle out of court.

Mike Cruz and I have a story about a local attorney calling on Chief BIlldt, the FBI and the DA's office to open up an outside, independent investigation of Sgt. Bradley Lawrence.

This represents the second separate case in which defense attorneys are hinging their client's prospects in part on allegations of misconduct by Sgt. Lawrence.

Click below to get the full ...

Fourth Ward City Councilman Neil Derry said Tuesday that he's satisfied prosectutors have all the information they need regarding explicit photos that were reportedly snapped at a city community center.

"As far as the information, the D.A. has it all," Derry said.

San Bernardino Police Lt. Scott Paterson, following up on a recent post on this blog, said computers seized during the July 2 search of the central area Operation Phoenix center will not be destroyed.

"These are computers that were utilized by the kids, and the Sheriff's crime lab forensic unit has removed the hard drives on them," he said.

We'll have a larger story in tomorrow's paper.

For now, I'll say that local attorney Gary Wenkle Smith wrote a letter on behalf of his client with some jaw-dropping allegations.

Smith says his client, Greg Parker, was illegally detained by Sgt. Bradley Lawrence on Sept. 18, 2007. He further alleges that Lawrence engaged in felony acts, including burglary, as he alleges that Parker's Rialto home was searched without warrant, cause or permission.

His letter was addressed to Police Chief Michael Billdt and the FBI's Riverside field office.

The District Attorney's office confirmed moments ago they received the letter.

Click on the 4-page statement here: gws_2_chief_bildt_re_crimes_of_lawrence_et_al_08_13_08.doc

Or read the letter by clicking below:

The City Council still does not officially have a budget.

Although the council has (for now) approved several budget cuts to eliminate a $17.3 million deficit, the body did not approve the formal budget resolution that's needed to enact the spending plan.

So here the city stands in the aftermath of Councilwoman Esther Estrada's failed attempt to subpoena key Operation Phoenix officials ...

To analyze the merits of what is happening, you need to brush up on the history.

This is it. The definitive.

Click below for the whole enchilada ...

Here's the full text of the Mayor's Office statement on Councilwoman Esther Estrada's request to subpoena city officials in regards to Operation Phoenix troubles.

The council rejected Estrada's idea by a 5-2 vote.

The statement follows below:

Here's a longer version of a story that's slated to run in Tuesday's edition of The Sun.

The city council meet in closed session today to decide whether to support Esther Estrada's proposed inquiry into all the major figures in the Mike Miller/Operation Phoenix debacle.

My sources are saying it's going to be close. Estrada can almost surely count on Wendy McCammack, but the other five votes are up in the air.

Estrada would need to five to override a presumed veto from Mayor Pat Morris.

My colleague Andrew Edwards will be there, and will provide the news here as soon as it breaks.

"We learn about life not from plusses alone, but from minuses as well," - Anton Chekhov, Russian writer and playwright.

Why reproduce this little pearl from Chekhov, not only a great writer but a profound humanist as well?

Because one question I (and other journalists) face rather often is "why do you write about negative stuff so much, what about all the positive things going on?"

First I point out that much of what we do here at The Sun is feature positive happenings in our communities. That is important.

But even more important is for a free and vigorous press to tirelessly expose and articulate the not-so-good, the transgressions that are a part of our reality and demand attention. It is only through keen attention to darker impulses and grim events that we vouchsafe ourselves the opportunity to make a better tomorrow.

That's a little sappy. But hey, Chekhov was really sentimental too.

By Andrew Edwards and Robert Rogers

SAN BERNARDINO -- First Ward Councilwoman Esther Estrada says she's not getting the full story on Operation Phoenix and wants to exercise the City Council's rarely-used subpoena powers to extract that information.

Click below for full, late-breaking story ...

Check this story set for weekend publication. There is something happening at Carousel Mall, with the tribe buying a major building and the city forking out a quarter-million dollars for a consulting firm to formulate a development plan ...

Click below for full story ...

A court filing dated Aug. 11 shows that police snagged 11 computers while serving a search warrant on the central Operation Phoenix community center in July.

The filing is the Police Department's request to dispose of the seized CPU towers.

Read it here. My exclusive interview with a former Operation Phoenix staffer reveals that police didn't confirm that a nude young female on Mike Miller's camera was actually an adult until last week, more than five weeks after they seized the camera.

Police leaders offer no explanation for delay.

Councilman and some within department say delay may have been caused by other concerns.

By Robert Rogers
Staff Writer

SAN BERNARDINO -- A former Operation Phoenix staffer said Thursday that Michael Miller shot nude photographs of at least one woman while he, another parks employee and another woman looked on.

The below letter was written by Sgt. Mike Desrochers Thursday in response to quotes I posted from Lt. Scott Paterson.

Desrochers is the officer who filed the original complaint against Sgt. Bradley Lawrence for allegedly illegally detaining people in the streets. Desrochers has also testified under oath that Lawrence conducted improper searches and seizures.

Lawrence contradicted Desrochers, also under oath.

I read the comments by Lt Scott Paterson regarding Chief Billdt and felt compelled to respond.

These personal attacks are also attacks on the families of these dedicated officers and they need to stop. Lt Paterson said, as he spoke about Chief Billdt that " business is business and friendship is friendship and he doesn't mix the two". Scott you're not fooling anyone but yourself.

This time, the big fuss on the 6th Floor springs from a Metropolitan Water District plan to drive trucks weighing nearly 190,000 pounds through city streets for a pipeline project.

Click below for more ...

I called Lt. Paterson, the department spokesman, today to get some things straight.

Click below for the full ...

Charges against one defendant were dropped Wednesday.

The defense and prosecution said they would move to force the Police Department to crack it's personnel records of Sgt. Bradley Lawrence and his whole team.

Read by clicking below ...

During a conversation on the city's public works budget, 4th Ward Councilman Neil Derry quipped that he'd like to support public art by supporting a proposed monument to the current Assessor.

"I'll be one of the first to donate $10,000 for the Bill Postmus statue," Derry joked.

The statue proposal comes from none other than Sun columnist John Weeks, who wrote in his latest column that a statue of Postmus outside of the county headquarters on Arrowhead Avenue could remind the county's voters to not vote for future Postmus-like candidates.

"It's a lesson we've been slow to learn, here in San Bernardino County, but maybe Bill Postmus can be the one who finally turns the trick for us," Weeks wrote.

Our columnist's reaction to Derry's remark?

"The pigeons are waiting," Weeks said.

Here's a link to Weeks' full column:

Postmus, readers will recall, has been dogged of late by allegations that he's struggling with methamphetamine addiction. Second District Supervisor Paul Biane, in an article written by Sun reporter Lauren McSherry, confirmed that Postmus has gone to rehab at least once.

Today's issue of The Sun ran this story, which contained attorney James Curtis' assertion that his client, Code Enforcement director Glenn Baude, was placed on administrative leave for allegedly violating a direct order when he talked to reporters about Operation Phoenix.

What didn't make into the print version of the story was Curtis' further assertion that Baude is being used as a pawn in the City Hall rivalry between City Attorney James F. Penman and Mayor Pat Morris.

It's Curtis' interpretation that Buade was placed on leave so former assistant police chief Wayne Harp - who Curtis said is a Penman ally - could take over Code Enforcement.

The issue is a "wedge to go after the Mayor," Curtis said.

Penman said no power play is at work, and praised Baude's service as Code Enforcement chief.

"They're going to be hard-pressed to find as good a Code Enforcement director as Glenn," said Penman.

Penman went on to maintain that the city would have been better served if Baude had not been given dual duty as Operation Phoenix director when that program launched in 2006.

It's Penman's view that Baude's Phoenix-related duties were too time-consuming for Baude to manage Code Enrforcement.

Today was set to be the day that 3 defendants looked to withdraw pleas now that allegations have come to light about possibly improper policing tactics by SBPD Sgt. Bradley Lawrence.

Instead, saying there was a lack of evidence, San Bernardino County Superior Court Judge John Martin dismissed all charges against defendant Donald Joseph Mackson, 29.

Six defendants remain.

In another potentially huge move, defense attorneys told Judge Martin they intended to file motions to open personnel and other confidential records of Lawrence and other officers involved in allegedly holding suspects "on ice," or without charge or cause.

The District Attorney joined the motion to force the PD to crack open its vault of confidential information.

More on this later ...

Attorneys in the "IceMan " were in court Tuesday. The big story will be tomorrow, when attorneys argue that their clients should be able to withdraw their pleas now that Sgt. Bradley Lawrence is being investigated for allegedly illegal investigative tactics.

Read the story, click below ...

The Arco station near our offices at the corner of University and Hallmark parkways was selling regular unleaded gasoline for $3.91 per gallon this afternoon.

If anyone else has seen another station selling gasoline below the $4 mark, post away.

Following up on today's story which establishes that Sgt. Bradley Lawrence was placed on leave for an allegedly improper search on a motel last week.

Following up on my leads, I visited the EconoLodge in the 600 block of H Street Monday night.

The manager there was fearful and would not give her name.

She did, however, corroborate the story that SB Police launched a late-night raid on four motel rooms last week.

The manager said four doors were busted in, but that she had already had them replaced. She said she was not sure whether arrests were made, but did corroborate tips I had previously received that at least one of the rooms was occupied by an older woman, possibly a grandmother, and a young girl. The manager said those guests were shaken to have their door mistakenly busted in by police.

What we now know, based on sources within the department, is that at least one officer had misgivings about how the raid was conducted and filed a complaint with top brass, leading to Lawrence being placed on paid leave.

The crucial fact here is that this all went down one month after Sgt. Mike Desrochers lodged complaints against Lawrence for allegedly detaining people without charge or cause in the hopes of securing a future warrant to search their homes.

Lawrence called the tactic, according to Desrochers, putting suspects "on ice."

Chief Michael Billdt and his top staffers did not see fit to pull Lawrence off the street following that complaint, giving him the opportunity to allegedly flout normal procedures again in his raid-gone-awry at the EconoLodge motel.

Desrochers has clashed with the chief before, and even has a pending lawsuit against him, a fact that may have shaken police leaders' confidence in his allegations against Lawrence.

Stay tuned ... all indications are that this issue is stacked with layers yet to be peeled back ...

Attorney James Curtis, who's representing Code Enforcement director Glenn Baude, said he was verbally informed today that his client was placed on leave for violating an order that was intended to bar Baude from speaking with the media.

Curtis did not identify which city official gave him this information, and said multiple times that the news was not delivered in writing.

City Attorney James F. Penman disputed Curtis' account. Penman said the only official communication sent to Baude to inform him that he was being relieved from his duties contained no language relating to the press.

Penman also said that no City Hall officials are authorized to talk to Baude or Curtis on the reasons Baude was placed on leave.

Baude was placed on leave in late July. Former assistant police chief has been chosen to serve as an interim Code Enforcement director in Baude's absence.

Well, here it is, another blockbuster installment of the issue that is quickly becoming the city's most pressing.

Sgt. Bradley Lawrence, under suspicion of unlawfully detaining people in the city by putting them "on ice" without phone calls, charges, search warrants or probable cause, is now on leave.

But why? Mike Cruz and I have chipped away doggedly at the sheen of secrecy surrounding this thing. We've discovered, from anonymous sources nestled in the police department, that Lawrence was placed on leave because of a hotel room search gone wrong last week, more than one month after Sgt. Mike Desrochers alleged to top department brass that Lawrence was exposing the city to liability by using illegal detentiion tactics.

Click below, read the story ...

A dollop of good news for your morning ...

Just got a message from a source reminding me of the success that was the Million Father March at the Carousel Mall on Saturday.

The concept of the event, launched by Chicago-based Black Star Project, is celebrating and encouraging fatherhood, particularly among African-American fathers.

African-American fathers have been under criticism for high absenteeism for decades. Black Star Project says 30 percent of black fathers head households with their children.

What some critics often fail to note, however, is just how significant a role American society has played in creating the crisis in black fatherhood that programs like the Million Father March are attempting to reverse.

Public segregation (until 1964), faulty educations, and inability to gain footholds in job markets all eroded the likelihood that black males could head and support families. Add to that early welfare policies that assured monetary penalization of mothers if they lived with a man. This policy hurt white families far less, because white men generally had better jobs and thus did not need assistance, while black mothers were forced to choose between government security and the insecure income of black men whose hold on their jobs were generally tenuous.

Given our historical, social and economic antecedents, it should be no surprise that fewer black fathers head households than anyone would like. The Million Father March is looking to efface those stains.

Big, breaking story in the ongoing saga involving two of SBPD's finest.

One, Sgt. Mike Desrochers, has come out and publicly accused a colleague of unconstitutional, above-the-law detainment tactics.

The other, Sgt. Bradley Lawrence, has maintained that he operates within the law. But as of Thursday, Lawrence is off the job, on administrative leave, according to Asst. Chief Walt Goggin.

This is a major development.

Click below for a major story ...

Click below for my story about African American healthcare leaders calling the county out for what they characterize as poor administration and delivery of health services, especially to poor and minority communities.

Just a heads up that there is a free week-long basketball camp at the local Boys & Girls Club on Ninth Street.

Members of our local fire union will be hanging out with the kids.

Read below for more and/or how to sign up a youngster. It's free, so tell your friends.

After approving a budget, the City Council voted to pay for legal bills that Code Enforcement director Glenn Baude and parks chief Kevin Hawkins racked up while under investigation by the District Attorney's office.

City Attorney James F. Penman said it's not yet known how much money that will be. In Hawkins' case, Penman said he's already gotten word that Hawkins' lawyer has agreed to refund those costs.

City Hall officials are still waiting for Baude to submit a request for reimbursement. Penman emphasized that the city will only repay fees Baude incurred related to the DA's criminal investigation into the question of whether Baude, Hawkins and other officials failed to comply with the state's mandatory reporting law.

Investigators cleared Baude, Hawkins and the others. The case centered around emails relating to rumors of former community center director Mike Miller's sexual involvement with a minor. Authorities concluded that those rumors were not substantial.

"I have no problem paying those. The DA has exonerated them," Penman said.

Miller is in jail awaiting trial on charges of child molestation. He was arrested July 3 based on allegations of abuse that are not related to rumored misconduct that formed the basis of the emails.

Penman emphasized that the council's reimbursement will not cover any legal fees that stack up if the city gets sued.

Mayor Pat Morris took a tour of the three Operation Phoenix Centers in mid-to-late-July and did not like what he saw.

According to a high level source, Morris toured the facilities and saw children under lax supervision and little organization.

And he was very upset, I'm told.

After the tour, Morris got on the phone with high level Parks and Rec officials, including Kevin Hawkins, and unleashed a tongue-lashing that one witness described as "the angriest I've ever seen him."

Morris said it was unacceptable that after the Mike Miller episode the centers would not be run as tightly as possible.

Glenda Martin-Robinson, the supervisor directly above Miller in the chain-of-command, was also a subject of Morris' harangue, I'm told.

The San Bernardino Unified School Board voted Tuesday night declined to give voters an opportunity to vote on a bond measure that would have raised about $300 million for local schools.

Teresa Parra, Lynda Savage and Marlin Brown voted to place the bond on the ballot.

Danny Tillman, Judi Penman and Louise Ayala voted no.

Elsa Valdez was absent. and thus unable to break the tie. I know Valdez pretty well. Can't see her voting no on this.

It wouldn't have mattered, as 5 of 7 votes are needed to place a tax on the ballot.

There is little doubt that San Bernardino's schools need more money. Just take a brief tour and look at all the temporary buildings. Look at Pacific High, for instance.

The bond would have been funded by a tax on property, less than $100 annually for the average family.

Opponents say the tax would have hurt low-income residents hardest and that schools need to better utilize existing funds.

Seriously.

More to follow. I'm going to be brief because of the late hour.

The long and short of it is that the City Council has closed it's projected budget gap, but that's not to say the process - or the end results - were pleasant.

Councilmembers - often 7th Ward Councilwoman Wendy McCammack - raised their voices as they pressed for their priorities. Officials appeared to be tired and angry as they emerged from closed session. City Attorney James F. Penman wore a lapel pin in the shape of two crossed battle-axes that captured the mood and purposed of the evening.

"This is not fun. This is not pretty," 3rd Ward Councilman Tobin Brinker said.

Wednesday night, the council voted to spend more than $2 million of about $9 million in reserves and lay off 14 city workers, including three electricians and two employees involved in the Police Department's crime free multi-housing program, the responsibilities of which are slated to be shifted over to Code Enforcement.

In all, the council has voted to lay off 19 city staffers. Assistant city manager Lori Sassoon said the number could change depending on whether any other workers leave their jobs for other reasons, possibly creating vacancies for those folks who are slated to otherwise enter the world of unemployment.

The approval of Fiscal 2008's budget is only a temporary reprieve from fiscal strife. Sassoon noted that sales tax revenues are not looking good, so there's a likelihood that 2009 will result in further hard choices.

"It's coming in even lower than we anticipated in the spring," she said.

What: Home Ownership Preservation Workshop
When: 9 a.m. to 2 p.m. Aug. 16
Where: National Orange Show
Valencia Room, 689 S. E Street
Cost: Free
Info: The workshop is aimed at helping area residents cope with the housing downturn and avoid foreclosure. Expert consultants will be on hand, along with Congressman Jerry Lewis (R-Redlands) and representatives from major mortgage banks.
Call (909) 862-6030

Click below for full story ...

The DA yesterday declared it would not file charges against 2nd Ward City Councilman Dennis Baxter. Case closed.
But the story isn't quite over because the alleged victim - a 52-year-old county worker who lodged at Baxter's house - has finally decided to speak publicly.
She paints an unflattering picture of Baxter.
The councilman whose public persona is docile, friendly and even charming (radio smooth) is actually an alcoholic who turns violent after downing too much wine and Jack Daniels, Wentworth alleges.
The reason this is worth a post is simple: This woman, Crista Wentworth, has never had a chance to speak publicly before. We wrote articles where Baxter got to tell his whole story, and we're giving her the equal chance.

Click below to read ...

Well, sort of. Mayor Morris, who has had his share of disagreements with the police union, came out Tuesday night for National Night Out, a law enforcement holiday. The Mayor subjected himself to the dunk tank, an attraction in which a person sits on a chair above a pool of water while customers pay for chances to throw softballs at a target that triggers the chair's drop. Proceeds go to public safety events.

Although I regrettably do not have footage, I assure you that this reporter took to the tank after the mayor. I stripped off my neck-tie, but still wore my dress shirt and slacks (my trusty speedo was, alas, forgotten at home). It would be a soggy drive home.

Morris, beaming but perhaps harboring a smoldering desire for vengeance against a reporter who for two years has pounced on his every political faux pas (I'm half-joking), clearly relished the chance for payback.

With an impressively fluid left-handed delivery and good arm speed, Morris gleefully nailed the target 3 times (out of 8 tries), nearly drowning this hapless and gasping reporter (again, half-joking) in the 4-foot-deep pool.

Click below for video footage of the city's top banana getting humbled by The People. Ah yes, chopping our leaders down to size ... So American!

And another one ...

I attended the National Night Out gathering at Perris Hill Park Tuesday night.

A few hundred were on hand, along with dozens of police and fire personnel.

City leaders, including Mayor Pat Morris, were also there.

Check these photos of some of the action ...

Police officer Marci Atkins was the first to brave the "dunk tank" for charity. Atkins took the punishment for longer than any other dunkee in the name of charity.

Leaders were on hand. From left: Mayor Pat Morris, Police Chief Michael Billdt, Rev. Reginald Beamon

Mayor Morris doffed his suit and tie for swim trunks and took to the tank. The 70-year-old Morris roused the crowd with teases and jibes, drawing by far the largest contingent of paying throwers attempting to hit a target and trigger a trap chair, dumping him in the water tank.

A closer shot of the mayor en route to his perch atop the dunk tank.

By the time Morris climbed to his seat, the crowd was swarming in a tightening circle, waiting to pay $1 for four softballs to throw at a target, triggering his seat to release him into the water. The mayor was dunked, a lot. He showed some impressive stamina in climbing back up more than a dozen times.

Below is a statement that Glenn Baude's attorney, James Curtis, sent via email:

BAUDE_RELEASE_1.pdf

This reporter had a brief conversation with Mayor Pat Morris regarding 1st Ward Councilwoman Esther Estrada's interest in learning if the City Council has authority to subpoena city staffers to speak on Operation Phoenix-related matters.

"It is the job of the City Manager and Mayor to keep the council appraised on city administrative matters and answer their questions," Morris said.

When asked if Estrada had ever privately expressed any dissatisfaction with the flow of information from City Hall, Morris declined further comment other than to say "We're working on that with Councilmember Estrada."

Estrada could not be reached for comment Tuesday. She asked City Attorney's officials during Monday's council meeting whether she and other council members have the power to compel city employees to testify.

The answer was yes. During a short recess Monday, Estrada and 7th Ward Councilwoman Wendy McCammack - a frequent critic of the Morris administration - both talked with reporters and expressed frunstration with their ability to glean information from city officials.

How this power may be used remains to be seen. City Attorney James F. Penman said the council has to vote to exercise its subpoena powers, if that authority is exercised, the council could question city employees in either public or closed door meetings.

In the case of a personnel investigation, Penman said the employee being investigated has the right to demand that proceedings are held in public.

Penman said the council has not used its subpoena power on witnesses since the late 1980s. He said the situation then was a personnel matter involving the Police Department, and that witnesses were not only city employees.

A Superior Court judge, the Assistant District Attorney, one or two deputy district attorneys and city employees testified, Penman said. He said the process resulted in a 7-0 vote of no confidence in whoever was police chief at the time (Penman could not recall the chief's name) but no further action.

Click below for some rough chunks of tomorrow's story about Wayne Harp, the temporary Code Enforcement Director.

City Manager Fred Wilson cleared the last hurdle between himself and Surf City.

The Huntington Beach City Council voted 7-0 Monday night to hire Wilson as their city administrator, according to the City Clerk's Office there.

Wilson is scheduled to begin his new job on Sept. 22.

He has said he plans on transitioning out of his post in San Bernardino by early September. Assistant City Manager Lori Sassoon will take over while a replacement is sought.

A more detailed story on the current Flesh Club issue will likely run in Wednesday's edition, but I wanted to post a short item for the time being.

Flesh Club, as pretty much every body knows, is a nude cabaret on Hospitality Lane that's been the subject of several years' worth of lawsuits and headlines. The club - currently closed for business - is in the news again because its owners are pursuing plans to convert the place into a topless bar that also serves food.

That plan requires an alcohol license. In June, attorney Roger Jon Diamond, on behalf of the club's owners, asked the City Council to go on record in support of the club's plans to serve liquor. The council refused. The Planning Commission also refused the club a new permit.

Diamond appeared before the council again Monday to appeal the Planning Commission's earlier action. At times, the proceedings resembled a mini-court hearing. Mayor Pat Morris, a former judge, invited Diamond to deliver his argument. Diamond was sworn in (although he noted that attorneys are not routinely sworn in) and delivered his remarks.

The discussions further took on a legal aura when Diamond essentially put his client, Flesh Club general manager Troy Neptune, under direct examination.

Neptune answered in the affirmative when Diamond asked if his plans for the club included a kitchen. He also answered "yes" when the attorney asked if he was losing income because of the city's actions.

For Diamond's purposes, "lost income" could be the basis for future damages if Flesh Club wins any future legal rulings.

The council did not make a decision Monday. This reporter had to leave the meeting early in order to make deadline on another article. City Attorney James F. Penman said by telephone that the council decided to continue the matter for another month,

The City Council didn't make any definitive decisions regarding Code Enforcement director Glenn Baude on Monday. But the council did hire a temporary (?) replacement.

Former assistant police chief Wayne Harp was named acting Code Enforcement director, a position that comes with a not-too-shabby $64.82 per hour wage. Contact info for Harp could not be immediately found, but council members Esther Estrada and Wendy McCammack both told me they were pleased with the hire.

As for Baude, he's not able to talk to us because of a gag order and his future with the city is still in limbo. He has previously told my colleague Robert Rogers that he was placed on leave because of his "reaction to the issues" during the ongoing Operation Phoenix situation. Another source told me the reason was for insubordination.

From a broader perspective, it seems like the council has developed a keen interest into the Phoenix issue. On Monday, Esther Estrada asked for - and received - confirmation from the City Attorney's Office that the City Council has subpoena powers.

It remains to be seen how the council may use this power to compell testimony from city staffers. But it was definately clear that Estrada is not satsfied with the information she's getting from City Hall officials.

"Let's put it this way. (There has been) too much delay in the council getting information from administration," Estrada said during a short recess Monday.

Mayor Pat Morris did not remark upon Estrada's request during the meeting. We'll follow up on this story and report the view from the Mayor's Office.

The City Council agenda for Monday's meeting informs the public that the Code Enforcement Director and two other employees will be subject to discussion during closed session on Monday.

Glenn Baude, placed on administrative leave from his position as Code Enforcement Director, is not mentioned by name. At this hour I could only guess if that's significant.

Baude formerly held the title of Operation Phoenix Director in addition to that of Code Enforcement chief. He was removed from Phoenix in after news broke that he and three other city officials exchanged emails about former Phoenix center director Mike Miller's rumored sexual involvement with a minor.

Miller's in jail awaiting trial on charges of child molestation, but the girl who was the subject of those rumors was not an alleged victim when case was filed in San Bernardino Superior Court. A District Attorney's Office report cleared Baude and the other officials of any criminal wrongdoing in not bringing the emails to police because the rumor was too weak to rise to the level of reasonable suspicion.

It's my understanding that Baude was placed on leave not for the emails or other issues related to reported management problems at Phoenix but for insubordination. I can't say that I know the exact alleged conduct on Baude's part that resulted in him getting an involuntary vacation.

Baude's under a gag order. His attorney, James Curtis, maintained earlier this week that Baude was scapegoated.

City Manager Fred Wilson made the call to put Baude on leave. Since Wilson is likely headed to a new job in Huntington Beach, there seems to be the possibility that Baude could remain with the city if Wilson's leaving defuses a conflict between the officials.

If the council makes a decision Monday, we'll post the news as soon as it comes in.

Andrew and I will have a lengthy story in Monday's paper exploring the loggerheads at which management and public safety unions have found themselves.

It is interesting. The bottom line is the fire and police unions are by far the city's best paid, biggest and most powerful employee groups.

In what has been called a budget crisis, they are two groups who have agreed to zero concessions.

And can they be blamed? The contracts they have are big and costly, but the same city leaders who are begging them to give some of their perks away are the same ones who inked the contracts in the first place.

Here are some numbers, based on 2006-7 statistics:

Fire personnel

$179,157: Top pay.

$78,380: Lowest pay.

$66,332: Most earned in overtime.

44: Highest percentage of an employee's wages paid in overtime.

$121,245: Average compensation.

83%: Percentage of 155 full-time firefighting personnel earning more than $100,000.

Police personnel

$181,300: Top pay

$63,134: Lowest pay

$70,071: Most earned in overtime

43: Highest percentage of an employee's wages paid in overtime

$97,161: Average compensation

41%: Percentage of 295 full-time sworn officers who earned more than $100,000

Click below for passages from the story.

My colleague Mike Cruz and I have another follow-up in the ongoing "Ice Man" case, involving one cop accusing another of illegally detaining people outside the scope of the Constitution.

This thing is drawing a lot of interest. The American Civil Liberties Union is sniffing around. Big articles in our paper and another have raised the profile. Now, during the first court hearing, attorneys and other justice officials came into the courtroom just to see this thing play out.

And the accused, Sgt. Bradley Lawrence, has an interesting history. About 20 years ago, he was fired, and then re-hired, after allegedly threatening to tie a kid to his patrol car and drag him, allegedly as an interrogation technique.

Sgt. Mike Desrochers, the accuser, has fallen from grace since the installation of a new regime in late 2005. Desrochers has a pending suit against Chief Mike Billdt and has further alleged that Lawrence gets away with trampling on the law because department leaderhship looks the other way.

Stay tuned ....

By Mike Cruz and Robert Rogers
Staff Writer

SAN BERNARDINO -- A Superior Court judge denied a motion to reduce the bail of seven defendants in a San Bernardino narcotics case where police tactics of holding suspects "on ice" are being scrutinized.

Well, you can read stories about City Manager Fred Wilson's attempted move out to a new post in Huntington Beach in two of the local papers out there, the OC Register and the Huntington Beach Independent.

Both stories give plenty of ink to Wilson's misstatements of fact to both The Sun and the DA investigators.

The rest is mostly city officials here trumpeting how strong Wilson is and why we'll miss him here and he'll be a good fit there.

The two papers miss two crucial points which The Sun has never missed. Of course, those papers can't be expected to capture in one article all the twists and turns that we have spent weeks chasing.

The OC papers do a good job, but we can't forget:

1) Why WIlson's misstatements are important:
Why would he say Chief Billdt told him about the e-mails about Miller's alleged "sexual contact with a minor" two weeks before the chief, and the public, knew the e-mails existed?

One theory, unsubstantiated, has been that this slip makes it look more likely that Glenn Baude told the truth when he told DA investigators that he told Wilson all about the Miller situation on June 30.

Wilson said the conversation never took place. Baude said Wilson told him that "We'll take care of it."

So, Wilson's misstatement included hearing about information Baude said he told Wilson about, but that Wilson denies.

2) The BB guns:
For the first time, last week, The Sun established that allegations about BB gun battles involving parks and rec, and Miller, had reached Fred Wilson's office. Wilson admitted he was told by department heads, presumably Baude and/or Hawkins, about a BB gun incident months ago.

My sources corroborated that story long before Wilson came out publicly.

Why does it matter? Because the whole point of the stories about Miller's history hinged on what is now, and solely because of the work of this newspaper, clear for all to see: That Miller had a long string of misconduct that never earned him a firing, suspension or reassignment.

Who is responsible for inaction that allowed Miller to continue working with children? We have never come up with a name, and, due to the hopelessly muddled (ie. bad) management structure, we probably never will.

But we have a number of decision-makers in the know, like Glenda Martin-Robinson, Kevin Hawkins and Glenn Baude. Now, we can add Fred Wilson to the list, because he knew of the BB gun incident. What else did he know, or do? Don't know. But he was in the loop.

We are going to be taking a hard look at the budget impasse gripping San Bernardino in Monday's paper.

Prominent in the story will be the role of powerful, well-funded public safety unions.

Police and Fire unions - which account for about $50 million of city money in wages alone - haven't given City Manager Fred Wilson and other city leaders a dime in voluntary concessions thus far.

That may change.

But it may not. They don't have to give up anything.

And a legitimate question is why should they? Is it their fault that the City Council granted them contracts that are now far too costly for the city to afford without deep cuts elsewhere? Is it their fault the city leaders got themselves into this budget fix?

If you had a contract and those who granted that contract asked you to give some of it back, would you? Let's say they tried to persuade you by explaining that the city would be in deep trouble without your help, but, like more than 90 percent of public safety employees, you don't live in the city anyway. Would you be persuaded?

The bottom line is that if Police, Fire and public employee unions don't accept some concessions, the city is looking at laying off full-time people. Probably around 20. From where, we're not yet sure, but it's probably safe to say it won't come from police or fire.

The City Council still has not approved a budget.

The council, minus 4th Ward Councilman Neil Derry, convened around 4:30 p.m. Thursday and immediately went into closed session.

And remained in closed session. Eventually, 1st Ward Councilwoman Esther Estrada left, telling the few people sitting in the audience that she had another meeting to attend at 6 p.m. that night.

And the private meeting continued. This reporter heard the soundws of raised voices, but the words were too muffled to understand what the council and Mayor Pat Morris were arguing about.

They emerged around 6:50 p.m. and the council voted in a continuing resolution for the month of August. That means council members appropriated 1/12 of last year's budgeted expenditures to keep the city running for another month.

City Hall has yet tp resolve abo ut $4 million of the projected $17.3-million budget gap that looms over the current fiscal year. San Bernardino Public Employees Association labor representative Bridgette Washington was the only member of the audience to stand up to the microphone and said she was worried that more employees will be laid off.

"You're talking about families that will be affected by layoffs," she said. "You're constituents will be affected by layoffs."

The council meets again on Monday. Another budget hearing is scheduled for Wednesday.