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      <copyright>Copyright 2008</copyright>
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         <title>Some perspective on &quot;ice&quot;: Unfolding San Bernardino drama</title>
         <description><![CDATA[<p>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. </p>

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

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

<p>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. </p>

<p>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). </p>

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

<p>A RECAP:</p>

<p><strong>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: </p>

<p>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:</strong></p>

<p><em>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. </p>

<p>Patrol Sgt. Mike Desrochers' accusation against narcotics Sgt. Bradley Lawrence arose from the events before a July 2 raid on an Eastside apartment complex. </p>

<p>***</p>

<p>Lawrence could have legally detained the men at the scene of the stop, Desrochers said. He said if the two men agreed to accompany Lawrence to another location, he would have been under no legal obligation to arrest them. </p>

<p>But the moment he invoked his police authority to take them to jail, the standard changed, Desrochers said. At that point, he said, Lawrence should have placed the suspects under formal arrest for investigation of specific charges before moving them against their will. Instead, Desrochers alleged, the narcotics investigator used a tactic that he has used before. </p>

<p>He put the suspects "on ice," a term Desrochers remembers from a jailer's booking form from another investigation Lawrence oversaw last September. </p>

<p>***<br />
Lawrence says he's sending the men to the city jail with one of the patrol officers assigned to Desrochers, to be held without charges or phone calls "until we can get out to their house and go say good mor ... afternoon to the rest of their people." </p>

<p>Desrochers initially approves the detention, ending the conversation. Then he calls back. </p>

<p>"Tell me that story again. Is this guy in custody for something?" Desrochers asks. </p>

<p>"He ... he will be as soon as we get to his house to execute the warrant," Lawrence answers. </p>

<p>"What if you don't find dope?" Desrochers asks. </p>

<p>"I'll cross that bridge when I get there," the narcotics supervisor replies. </p>

<p>"I want you to know, that's going to be an issue with this guy being in custody with no charges," the watch commander says. </p>

<p>Desrochers presses Lawrence to get approval from the captain overseeing narcotics operations. </p>

<p>"Yeah, I'll tell him. I'll figure something else out then," Lawrence answers. He hangs up.</em><br />
________________</p>

<p><strong>The next day, July 18, I run with my first article on the brewing controversy: </strong></p>

<p><em>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. </p>

<p>The exercise is even referred to by a special term, said Sgt. Mike Desrochers. </p>

<p>"It's called keeping them on ice," Desrochers said. "It's keeping a guy, with no phone calls, in the hopes you'll find something later. It's pretty clear that Fourth Amendment issues are in play." </p>

<p>***</p>

<p>Desrochers is a veteran officer and former detective who filed a harassment lawsuit against Police Chief Michael Billdt in 2006. </p>

<p>He said his complaints of improper detainment fell on deaf ears when he informed Assistant Chief Walt Goggin. </p>

<p>Reached by phone, Lawrence was mum. </p>

<p>"No comment, please don't call again," Lawrence said before hanging up. </em></p>

<p>_________</p>

<p><strong>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:</p>

<p>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. </strong></p>

<p><em>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.</p>

<p>***</p>

<p>Martin ruled against reducing the bail on any of the seven. He said he found nothing inconsistent in the testimony Lawrence gave Friday. </p>

<p>"Certainly, there were a lot of suspicious things that happened," Martin said. </p>

<p>Martin also criticized the traffic-stop detention of Alexander and Mackson as possibly a "chicken thing to do." He did not elaborate. </p>

<p>***</p>

<p>FROM THE SUN: "People are getting scooped up off the street and held without phone calls, without charges," Deputy Public Defender Sam Knudsen, who is representing Alexander, said after the hearing. </p>

<p>Alexander and Mackson were detained during a traffic stop without any charges, prior to the search of the apartment, the defense alleges. </em><br />
______________</p>

<p><strong>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:</strong></p>

<p><em>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. </p>

<p>"He's on administrative leave as of yesterday," Assistant Police Chief Walt Goggin said in a telephone interview. </p>

<p>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. </em></p>

<p>***<br />
<em>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. </em></p>

<p>_____________</p>

<p><strong>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. </strong></p>

<p><em>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. </p>

<p>The suspension resulted from a raid on a hotel last week, said two sources within the Police Department who spoke on condition of anonymity. </p>

<p>During the raid, Lawrence and his team of narcotics officers stormed rooms in search of suspects and evidence. An officer who was troubled by Lawrence's actions lodged a complaint. </p>

<p>The trouble arose over a dispute about which, and how many, rooms the search warrant authorized police to force their way into, the sources said. </p>

<p>Lawrence, a veteran officer most recently promoted to narcotics work, already faced allegations by Sgt. Mike Desrochers that he unlawfully detained two men on July 2, before obtaining a search warrant for their home. </p>

<p>***</p>

<p>City Attorney James F. Penman said the decision not to act on Desrochers' complaints was Billdt's. </p>

<p>"The information they had initially on the previous allegation was not sufficient to place him on administrative leave, in the opinion of the police chief," Penman said. </p>

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

<p><strong>On Aug. 12, we're back in court: </strong></p>

<p><em>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. </p>

<p>"We'll have to take a deep breath and see where we are and where we're going to go," Martin said. </p>

<p>Deputy District Attorney James Hoffman said it was too early to tell how strong his case will be. </p>

<p>"When the Police Department concludes their internal investigation, then we'll know more," Hoffman said. </em></p>

<p>__________</p>

<p><strong>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:</strong></p>

<p><em>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. </p>

<p>Mackson was one of two men detained during a July 2 traffic stop by San Bernardino police Sgt. Bradley Lawrence, an undercover narcotics officer put on leave Aug. 7 after fellow officers accused him of misconduct. </p>

<p>Asked after Wednesday's court hearing to explain why charges against Mackson were dropped, Hoffman declined comment. </p>

<p>But after a brief open hearing - which was abridged by a closed-door meeting of Superior Court Judge John Martin with a half-dozen attorneys - the talk was of cracking confidential personnel and other inter-departmental information. </p>

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

<p>_______________</p>

<p><br />
<strong>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. </p>

<p>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: </strong></p>

<p><em>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. </p>

<p>The two actions may be connected. </p>

<p>Police leaders have confirmed that Sgt. Bradley Lawrence, the focus of two complaints related to allegations of improperly detaining people and conducting search warrants, was placed on leave Aug. 7. </p>

<p>Sgt. Steve Lowes, a longtime member of the force and a vocal critic of Billdt, confirmed that he was placed on leave in mid-July. </p>

<p>Sources in the Police Department say Lowes, a 20-plus-year officer, was placed on leave after a member of Lawrence's narcotics team complained that Lowes harassed him to come forward about Lawrence. </p>

<p>Contacted by phone, Lowes confirmed his status. </p>

<p>"I was called three weeks ago and told to stay home," Lowes said. "I'm paid to stay home, and I want to be working." </p>

<p>***</p>

<p>Sgt. Mike Desrochers, who joined Lowes in 2006 in filing a lawsuit against Billdt for allegedly encouraging a hostile work environment, said the move against Lowes was not legitimate. Desrochers lodged the initial complaint against Lawrence on July 2. </p>

<p>"This is nothing but a power play by this administration to discredit Steve," Desrochers said. </p>

<p>The police union president, Sgt. Rich Lawhead, said he stood behind both Lowes and Lawrence. </p>

<p>"Lowes and Lawrence are my members, and I'm walking an equal line," Lawhead said. </p>

<p>But Lawhead, whose union has clashed repeatedly with management over the past two years, questioned why Lowes would be placed on leave so promptly while Lawrence remained on duty for a month until a second complaint was filed against him. </p>

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

<p>______________</p>

<p><strong>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: </strong></p>

<p><em>Billdt declined comment because the case is a personnel matter. </p>

<p>In a telephone interview, Smith said he wrote the letter to alert officials to the depth of the situation and to prompt action. </p>

<p>"These are allegations of criminal conduct," Smith said. "It is my expectation that the department must go to an outside agency for investigation." </p>

<p>Smith said police maintain that a woman at Parker's home granted permission for a search that ultimately yielded a large cache of marijuana. </p>

<p>But in his letter, Smith paints a picture of pervasive, rogue policing. </p>

<p>"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. </em></p>

<p><br />
<div style="text-align: center;">END</div></p>

<p>So there is the brief history. </p>

<p>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. </p>

<p>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. </p>

<p>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. </p>

<p>He has not provided it, and gives no indication he will. </p>

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

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

<p>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.</p>

<p>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. </p>

<p>Heck, my job is to tell you what I know. Glad to do it. </p>]]></description>
         <link>http://www.insidesocal.com/sb/sbnow/2008/08/some_perspective_on_ice_unfold.html</link>
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         <pubDate>Wed, 20 Aug 2008 22:22:11 -0800</pubDate>
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         <title>Arguments in San Bernardino police &quot;ice&quot; case heat up</title>
         <description><![CDATA[<p>Click below for preview of lengthy version of tomorrow's story ....</p>]]></description>
         <link>http://www.insidesocal.com/sb/sbnow/2008/08/arguments_in_san_bernardino_po.html</link>
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         <pubDate>Wed, 20 Aug 2008 14:50:53 -0800</pubDate>
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         <title>Bank&apos;s legal tussle with San Bernardino Pastor</title>
         <description><![CDATA[<p>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. </p>

<p>Elliott is sueing the union. </p>

<p>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. </p>]]></description>
         <link>http://www.insidesocal.com/sb/sbnow/2008/08/banks_legal_tussle_with_san_be.html</link>
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         <pubDate>Wed, 20 Aug 2008 11:59:11 -0800</pubDate>
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         <title>Attorney alleges criminal police misconduct</title>
         <description><![CDATA[<p>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.</p>

<p>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. </p>

<p>Click below to get the full ... </p>]]></description>
         <link>http://www.insidesocal.com/sb/sbnow/2008/08/attorney_alleges_criminal_poli.html</link>
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         <pubDate>Tue, 19 Aug 2008 18:37:21 -0800</pubDate>
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         <title>Photo follow</title>
         <description><![CDATA[<p>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.</p>

<p>"As far as the information, the D.A. has it all," Derry said.</p>]]></description>
         <link>http://www.insidesocal.com/sb/sbnow/2008/08/photo_follow.html</link>
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         <pubDate>Tue, 19 Aug 2008 18:14:10 -0800</pubDate>
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         <title>Paterson: Phoenix computers will be rebuilt for kids</title>
         <description><![CDATA[<p>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.</p>

<p>"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.<br />
</p>]]></description>
         <link>http://www.insidesocal.com/sb/sbnow/2008/08/paterson_phoenix_computers_wil.html</link>
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         <pubDate>Tue, 19 Aug 2008 17:51:35 -0800</pubDate>
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         <title>Letter to DA, PD, alleges crimes by narcotics officer</title>
         <description><![CDATA[<p>We'll have a larger story in tomorrow's paper. </p>

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

<p>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. </p>

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

<p>The District Attorney's office confirmed moments ago they received the letter. </p>

<p>Click on the 4-page statement here: <span class="mt-enclosure mt-enclosure-file" style="display: inline;"><a href="http://www.insidesocal.com/sb/sbnow/gws_2_chief_bildt_re_crimes_of_lawrence_et_al_08_13_08.doc">gws_2_chief_bildt_re_crimes_of_lawrence_et_al_08_13_08.doc</a></span></p>

<p>Or read the letter by clicking below: <br />
</p>]]></description>
         <link>http://www.insidesocal.com/sb/sbnow/2008/08/letter_to_da_pd_alleges_crimes.html</link>
         <guid>http://www.insidesocal.com/sb/sbnow/2008/08/letter_to_da_pd_alleges_crimes.html</guid>
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         <pubDate>Tue, 19 Aug 2008 17:18:29 -0800</pubDate>
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         <title>City budget not yet official</title>
         <description><![CDATA[<p>The City Council still does not officially have a budget.</p>

<p>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.<br />
</p>]]></description>
         <link>http://www.insidesocal.com/sb/sbnow/2008/08/city_budget_not_yet_official.html</link>
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         <pubDate>Mon, 18 Aug 2008 22:55:45 -0800</pubDate>
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         <title>What the Operation Phoenix drama teaches us</title>
         <description><![CDATA[<p>So here the city stands in the aftermath of Councilwoman Esther Estrada's failed attempt to subpoena key Operation Phoenix officials ... </p>

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

<p>This is it. The definitive. <br />
_________</p>

<p><strong>On July 3, as we all know, Mike Miller was arrested on suspicion of child molestation. </p>

<p>While police had been investigating since the previous day, they remained tight-lipped in the hours before Miller's arrest: </strong></p>

<p><em>At 1 p.m., about 20 minutes before Miller's arrest, Lt. Scott Paterson, a police spokesman, said, "We're looking into some issues of concern, and that's all we have right now, period." </p>

<p>Less than an hour later, Jim Morris told reporters Miller had been arrested. </p>

<p>At 3:33 p.m., Paterson sent reporters a news release confirming Miller's arrest</em>. </p>

<p>Later that same evening, Mayor Pat Morris was interviewed by telephone: <br />
<em><br />
Morris said it would be "politics in the extreme" for other officials to use Miller's arrest as an incitement to wrangle over the fate of Operation Phoenix. </p>

<p>The mayor maintained that the allegations against Miller do not show that Operation Phoenix centers are dysfunctional. </p>

<p>"This is not some kind of a contagion. This is not some kind of cancer," Morris said. </em></p>

<p>__________</p>

<p><strong>And so it stood. for four days. Then, on July 7, investigative work by myself and colleague Andrew Edwards resulted in an scoop that revealed that Miller and other Parks and Recreation and Operation Phoenix staffers had engaged in other misconduct, including BB gun play and unauthorized rides for children in personal cars, over preceding months. The report also showed for the first time how a bifurcated management structure may have blurred accountability and oversight:</strong></p>

<p><em>Phoenix staffers, led by the manager now accused of child molestation, waged BB gun battles with employees from another community center, according to multiple sources</em></p>

<div style="text-align: center;">***</div>

<p><em>Morris' chief of staff, Jim Morris, disagreed, acknowledging the query into the BB gun play at the centers but maintaining that officials have moved swiftly to address the problem. </p>

<p>The problems surrounding Miller and others reflect issues with individual employees, not broader flaws with the program or its director, he said. Morris put the problems firmly in the purview of Hawkins, not Baude, who he said deals with Phoenix's "macro" issues, not personnel. </p>

<p>"We have a relatively new parks director who is having to deal with some personnel issues in his department," Jim Morris said. "We believe he is doing his job appropriately, and he is swiftly taking appropriate steps to address the problem."</em><br />
___________</p>

<p><strong>The next day, July 8, we further explored the concept of blurry command structures and how that may have contributed to a problem not confined to one employee: </strong></p>

<p><em>SAN BERNARDINO - A cloudy chain of command at the city's three Operation Phoenix community centers made it difficult to tell who was in charge, officials outside the Mayor's Office said. </p>

<p>Some council members said it was unclear if former community center Manager Mike Miller - charged Tuesday with several counts of child molestation - reported to Operation Phoenix Chief Glenn Baude or city Parks Director Kevin Hawkins. </p>

<div style="text-align: center;">***</div>

<p>"Mike was operating in the shadows," Hawkins said.</em><br />
___________<br />
<strong><br />
On July 9, after days of silence, Baude spoke out publicly: </strong></p>

<p><em>On Wednesday, Baude broke his silence. He said Miller was not his employee, and was tapped for the job by former Recreation Director Lemuel Randolph. </p>

<p>Baude said problems at the Phoenix Center were real, and mirrored those at other youth centers: Low pay and funding caused high turnover and low-quality employees looking after kids. </p>

<p>"If you want to point the finger at somebody, the person to point at is Mike Miller, the guy who (allegedly) did the crime." Baude said. "But you can also point it at the council." </em><br />
_____________</p>

<p><strong>On July 10, we broke the story that Miller, an ameteur photographer who often worked as a city photog during council meetings, took images of his alleged victims. At the time, there was no mention by anyone of possible photos of other misconduct last year, although we now know that photos of a nude woman at the Rudy G. Hernandez Center were discovered on Miller's camera by police: </strong></p>

<p><em>The report says Miller snapped photographs of a 7-year-old alleged victim and shot video of another alleged victim. </p>

<p>Deputy District Attorney Lynn Poncin said she could not comment on whether video or photographic evidence would be introduced in the case. </em><br />
__________</p>

<p><strong>On July 12, we publish a lengthy article documenting the deterioration of the Parks and Recreation Department which was tasked with staffing Morris' anti-crime program: </strong></p>

<p><em>The San Bernardino Parks, Recreation and Community Services Department - now charged with administering the city's three Operation Phoenix centers - has had its funding stagnate since 1991. </p>

<p>Troubles at San Bernardino's parks department have come into focus since Mike Miller, who managed the flagship Operation Phoenix Center, was arrested on suspicion of child molestation on July 3. </p>

<p>"It was a lightning bolt for all of us," Mayor Pat Morris said. "It smacked us in the head like nothing else in my lifetime." </p>

<p>Since Miller's arrest, news has surfaced of other problems in the parks agency. Reports - involving Miller - of pellet-gun battles between community-center managers and of parks staffers violating city policy by allowing children to ride in personal vehicles became public. </p>

<p>The mayor himself published an op-ed piece in The Sun that acknowledged "serious performance, accountability and management issues within our Parks & Recreation Department that must be addressed swiftly and effectively." </em><br />
____________</p>

<p><strong><br />
On July 17, our investigative work sheds new light on the Phoenix debacle. In a story that would trigger a DA investigation, we reported an e-mail exhange between top Phoenix officials discussing possible sexual misconduct by Miller four days before he was reported to police - by a county official: </strong></p>

<p><br />
<em>The e-mails obtained through a public records request show that on Friday, June 27, Hawkins alerted Baude that a group of city staffers planned to report Miller's alleged sexual misconduct to authorities. </p>

<p>The e-mail from Hawkins to Baude was a forwarded message that Hawkins received from Glenda Robinson, who was Miller's immediate supervisor. </p>

<p>The e-mail sent to Baude at 12:22 p.m. June 27 stated: </p>

<p>"I was just told that some former and current employees are planning on going to the City Attorney's office to report Mike Miller's involvement in the BB gun incident and a possible sexual involvement with a minor during work hours." </p>

<p>Baude responded at 12:47 p.m. </p>

<p>"I will not use the word that comes to mind," Baude wrote. "We probably need to talk because if he is now mine I believe there should be some level of discipline for the BB incident, possible sexual involvement I have heard nothing about but it should be investigated. Let's meet." </em><br />
____________</p>

<p><strong><br />
On July 18, the Mayor moves to remove Baude from Phoenix, replacing him with Kent Paxton. The mayor also indicates that the e-mail exchanges were unknown by him prior to The Sun's reports.</strong></p>

<p><em>SAN BERNARDINO - Mayor Pat Morris announced Friday that Kent Paxton, one of his top aides, has taken over Operation Phoenix. </em></p>

<div style="text-align: center;">***</div>

<p><em>The mayor said he was deeply upset when he saw the e-mails on Thursday. </p>

<p>"You think I slept last night? Not at all," Morris said. </em><br />
_____________</p>

<p><br />
<strong>On July 20, we break another big story. This one may be the biggest. In documents we obtain from secret sources and publicize, it is demonstrated that Mike Miller enjoyed a lengthy period of unpunished misconduct before he was arrested for alleged molestation: </strong></p>

<p><em>SAN BERNARDINO - Community center manager Mike Miller was involved in multiple cases of serious on-the-job misconduct in the months before he was arrested on suspicion of child molestation, a document shows. </p>

<p>The alleged transgressions are listed in a leaked memo written by Glenda Martin-Robinson of the Parks, Recreation and Community Services Department and sent to Curtis Brown, a fellow supervisor. The document is dated July 8, five days after Miller's arrest. </p>

<p>The note concludes that Miller displayed "total disregard for department and city policy" and deserved to be fired. </em></p>

<div style="text-align: center;">***</div>

<p><em>March 14: Miller admits "to concealing evidence of a staff member submitting falsified injury and incident reports as well as his personal involvement with shooting BB guns at staff at both the Phoenix Center Central and the Hernandez Center" for about three months. </p>

<p><u>March 15</u>: Miller falsifies an employee's timesheet to conceal the BB gun incident. </p>

<p><u>March 20</u>: Hawkins directs Miller to provide proof that a $1,200 donation was spent properly. Instead, Miller reportedly complains to union leaders. </p>

<p><u>April 7:</u> Martin-Robinson concludes Miller did not provide sufficient proof regarding spending of the $1,200. </p>

<p><u>May 16</u>: Miller reports that a city employee attacked and choked a child under his care at the Operation Phoenix Center. Surveillance tape shows no evidence of an attack. </p>

<p><u>May 22</u>: Miller admits to turning off the surveillance tape at Operation Phoenix Center West two days before a flat-screen television was stolen. </p>

<p><u>June 4</u>: Hawkins says that after discussion with Baude and City Manager Fred Wilson, Miller should be transferred immediately to Baude to eliminate "dual reporting" and to hold Miller accountable like other parks employees. </p>

<p><u>June 18</u>: Miller and Brown announce Miller's transfer to Operation Phoenix. </p>

<p><u>June 19:</u> Hawkins asks for a recommended disciplinary action report on Miller. He says he will forward it to Miller's "new supervisor." </p>

<p><u>June 27</u>: Martin-Robinson, Hawkins and Baude receive information about Miller taking females to lunch and possible sexual involvement with minors. </p>

<p>E-mails further show that during part of this time, Baude and Hawkins discussed how to officially place Miller under Baude's authority. </p>

<p>On May 21, Baude wrote to Hawkins in an e-mail that he was willing to take Miller under his charge immediately. </em><br />
___________</p>

<p><br />
<strong>One day later, on July 21, the mayor's office re-addresses the situation: </strong></p>

<p><em>SAN BERNARDINO - Before he was jailed on more than 20 charges of child molestation, Operation Phoenix center manager Mike Miller had a four-month string of misconduct that went unnoticed by the mayor's office. </p>

<p>When shown a July 8 memo written by Glenda Martin-Robinson, Miller's direct supervisor, chronicling Miller's missteps, Mayoral Chief of Staff Jim Morris said mistakes were made in addressing his increasingly erratic behavior. </p>

<p>"If this information is complete, it is unacceptable that it should take four to five months for such workplace misconduct to be investigated and appropriate action taken," said Morris, speaking Monday on behalf of Mayor Pat Morris, who was in meetings before the City Council session. </p>

<p>"This does display that it took four to five months to even bring forward a solid recommendation," Jim Morris said. "We must have better accountability than that." </p>

<p>But he stressed that the mayor's office knew of no misconduct or allegations regarding Miller until the morning of July 2, when he said Police Chief Michael Billdt called the mayor to inform him of an investigation into alleged molestation. </p>

<p>"Had we known about this, we would have demanded more expedient accountability," Morris said, adding that he still wasn't certain where the flow of information regarding Miller "got stuck." </p>

<div style="text-align: center;">***</div>

<p>During an interview at The Sun last week, Mayor Morris complained that his office asked parks staffers for policies outlining responses to suspected molestation and was told no such policy could be unearthed. </p>

<p>"We said it was totally unacceptable," Pat Morris said. </p>

<p>"We've found major cancers," he added. </p>

<p>Morris' statement showed a clear shift in outlook. On July 3, the day of Miller's arrest, the mayor said there was "no cancer" afflicting Operation Phoenix.</em><br />
_____________</p>

<p><br />
<strong>On July 25, we report that the DA's office will not press charges against Phoenix leaders: </strong></p>

<p><em>SAN BERNARDINO - Prosecutors will not file charges against four city officials who knew of rumors that Operation Phoenix community center manager Mike Miller had sexual contact with a minor before police were alerted to Miller's alleged crimes. Authorities determined the four officials knew only rumors, not concrete information, that could lead them to reasonably suspect Miller was abusing children.</em><br />
____________</p>

<p><br />
<strong>On July 28, we report that Baude is put on leave, the first Phoenix official to face such sanction. City leaders don't say why. Baude's attorney later says it was in retaliation for his speaking to the media: </strong></p>

<p><em>SAN BERNARDINO - Former Operation Phoenix director Glenn Baude was placed on paid administrative leave from his job as code-enforcement director Friday. City Manager Fred Wilson made the decision, saying Baude was removed from daily duties because of recent conduct."It's for a number of issues over the past couple weeks," Wilson said.</em><br />
____________</p>

<p><br />
<strong>On July 29, we report that Fred Wilson "misspoke" to DA's investigators and knew of some of the misconduct Miller was allegedly involved in months before his arrest: </strong></p>

<p><em>SAN BERNARDINO - Confronted with inconsistencies in his account, City Manager Fred Wilson on Monday said he inadvertently gave untrue statements to district attorney's investigators and the press. Wilson also acknowledged that he knew of BB-gun battles involving Operation Phoenix Center staff members months before The Sun's reports making the incidents public.</em><br />
___________</p>

<p><br />
<strong>On July 30, we report that Wilson will leave his job for a similar post in Huntington Beach: </strong></p>

<p><em><br />
SAN BERNARDINO - City Manager Fred Wilson has announced he is accepting the position of city administrator in Huntington Beach</em><br />
_____________</p>

<p><br />
<strong>On Aug. 15, our investigative work drops another bombshell. This time, we report that Miller took pictures in mid-2007 of other parks and rec employees and a nude, posing woman at a recreation center during off-hours. We also show that the investigation into whether the woman, said to be in her early 20s, was in fact an adult, did not result in a definitive answer for more than five weeks. Police officials decline to explain the delay. </p>

<p>Others, including a councilman, make the incredible statements that rumors are swirling that the investigation into Miller's other actions was stalled, possibly in an effort to mute political backlash:</strong></p>

<p><em>SAN BERNARDINO - Accused molester Michael Miller shot nude photos of at least one woman at a city youth center while others watched, a former Operation Phoenix staffer said. </p>

<p>Michael Allen, who worked part time for the city for more than two years, said Thursday that Miller, then a manager for Mayor Pat Morris' anti-crime program, snapped dozens of photos as one of the women bared body parts and posed while he, another parks employee and another woman looked on. It was a Sunday in mid-2007, Allen said. </p>

<p>Allen said he was fired July 15 or 16, soon after Parks and Recreation Department officials became aware of the photos, which police confiscated after arresting Miller on July 3. Miller subsequently was charged with more than 20 counts of child molestation. </p>

<p>But, Allen said, he was not contacted by police, who continue to investigate the sexual allegations against Miller, until late last week. </p>

<p>At that interrogation, Allen said, he provided proof the women in the photographs were over 18. </em></p>

<div style="text-align: center;">***</div>

<p><em>Derry went further, saying he has been concerned that the investigation was deliberately stalled. </p>

<p>"I was told internally by people in the Police Department that they were ordered not to investigate (the photos)," Derry said. "But I understand that there is still an ongoing and open investigation at this point." </em></p>

<div style="text-align: center;">***</div>

<p><em>Derry and sources in the Police Department have speculated that the investigation was slowed to avoid further embarrassment surrounding Miller, whose arrest rocked City Hall. </p>

<p>When pressed about whether the investigation may have been deliberately stalled, Paterson issued a strong denial. </p>

<p>"That is absolutely balderdash," Paterson said. "Our investigation is not bound by political bantering."</em></p>

<div style="text-align: center;">END</div>

<p></p>

<p><br />
And so, forgive my protracted recitation. But this is crucial. This is the firm, unadulterated history of this thing. </p>

<p>Now, of course, the latest news is that a subpoena was rebuffed by the council and the mayor reiterates that the investigation is under control and should proceed internally.</p>

<p>When judging whether that is a good idea, or whether an internal - and by its very nature rather secretive - inquiry into this situation is prudent, you need to know this history. </p>

<p>The history is provided right here. What should the next step be? </p>

<p>You decide. </p>]]></description>
         <link>http://www.insidesocal.com/sb/sbnow/2008/08/what_the_operation_phoenix_dra.html</link>
         <guid>http://www.insidesocal.com/sb/sbnow/2008/08/what_the_operation_phoenix_dra.html</guid>
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         <pubDate>Mon, 18 Aug 2008 22:34:59 -0800</pubDate>
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         <title>Mayor&apos;s Office statement on Phoenix subpoenas</title>
         <description><![CDATA[<p>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.</p>

<p>The council rejected Estrada's idea by a 5-2 vote.</p>

<p>The statement follows below:</p>]]></description>
         <link>http://www.insidesocal.com/sb/sbnow/2008/08/mayors_office_statement_on_pho.html</link>
         <guid>http://www.insidesocal.com/sb/sbnow/2008/08/mayors_office_statement_on_pho.html</guid>
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         <pubDate>Mon, 18 Aug 2008 19:05:19 -0800</pubDate>
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         <title>Council decides not to issue subpoenas</title>
         <description><![CDATA[<p>Here's a longer version of a story that's slated to run in Tuesday's edition of The Sun.</p>]]></description>
         <link>http://www.insidesocal.com/sb/sbnow/2008/08/council_decides_not_to_issue_s.html</link>
         <guid>http://www.insidesocal.com/sb/sbnow/2008/08/council_decides_not_to_issue_s.html</guid>
         <category></category>
         <pubDate>Mon, 18 Aug 2008 18:29:22 -0800</pubDate>
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      <item>
         <title>Today we&apos;ll find out how much council support Estrada has</title>
         <description><![CDATA[<p>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.</p>

<p>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.</p>

<p>Estrada would need to five  to override a presumed veto from Mayor Pat Morris. </p>

<p>My colleague Andrew Edwards will be there, and will provide the news here as soon as it breaks. </p>]]></description>
         <link>http://www.insidesocal.com/sb/sbnow/2008/08/today_well_find_out_how_much_c.html</link>
         <guid>http://www.insidesocal.com/sb/sbnow/2008/08/today_well_find_out_how_much_c.html</guid>
         <category></category>
         <pubDate>Mon, 18 Aug 2008 10:46:29 -0800</pubDate>
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      <item>
         <title>Today&apos;s words of wisdom ... </title>
         <description><![CDATA[<p><em>"We learn about life not from plusses alone, but from minuses as well," </em><strong> - Anton Chekhov, Russian writer and playwright. </strong></p>

<p><span class="mt-enclosure mt-enclosure-image" style="display: inline;"><img alt="chekhov.jpg" src="http://www.insidesocal.com/sb/sbnow/chekhov.jpg" width="180" height="252" class="mt-image-none" style="" /></span></p>

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

<p>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?" </p>

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

<p>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. </p>

<p>That's a little sappy. But hey, Chekhov was really sentimental too. </p>]]></description>
         <link>http://www.insidesocal.com/sb/sbnow/2008/08/todays_words_of_wisdom.html</link>
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         <pubDate>Mon, 18 Aug 2008 00:24:59 -0800</pubDate>
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         <title>Esther Estrada pushes for subpoenas into Phoenix</title>
         <description><![CDATA[<p>By Andrew Edwards and Robert Rogers</p>

<p>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.</p>

<p>Click below for full, late-breaking story ... </p>]]></description>
         <link>http://www.insidesocal.com/sb/sbnow/2008/08/esther_estrada_strikes_back_pu.html</link>
         <guid>http://www.insidesocal.com/sb/sbnow/2008/08/esther_estrada_strikes_back_pu.html</guid>
         <category></category>
         <pubDate>Fri, 15 Aug 2008 18:45:01 -0800</pubDate>
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      <item>
         <title>Carousel Mall property: Outlook thru 2009</title>
         <description><![CDATA[<p>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 ... </p>

<p>Click below for full story ... <br />
</p>]]></description>
         <link>http://www.insidesocal.com/sb/sbnow/2008/08/carousel_mall_property_outlook.html</link>
         <guid>http://www.insidesocal.com/sb/sbnow/2008/08/carousel_mall_property_outlook.html</guid>
         <category></category>
         <pubDate>Fri, 15 Aug 2008 17:45:12 -0800</pubDate>
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