klein report

8/14/2019 Klein Report

1/4

1

Policeabuse.com

REPORT AND OPINION

Re: William Klein v. City of Walnut Creek

This report incorporates information received to date, through interviews, field investigation, andFOIA request submitted to the city of Walnut Creek. I reserve the right to amend this report should

additional information become available to me.

INTRODUCTION

Policeabuse.com received a complaint from Mr. William Klein on January 11, 2009. Mr. Kleinreported that he had an incident at his home involving three to five Walnut Creek police officers. MKlein reported that on the evening of Jan. 8, 2009 he was visiting a friend in a nearby apartmentcomplex at 8 PM. After watching an hour television show Mr. Klein returned to his apartment

shortly after 9 PM. After entering his apartment, Klein and his wife Carla chatted as he attempted tofix a closet door that had become unhinged. Mr. Klein reported that he and his wife did not have andisputes and that they were getting along very well. Shortly after Mr. Klein returned home, severalWalnut Creek police officers arrived at his apartment. According to Mr. Klein the officers separatedhim from his wife and ordered him out onto a balcony. He was then ordered down to his knees.While in this position an officer placed a weapon or heavy object on the back of Kleins head. Mr.Klein was unsure what the object was because he was restricted in his movements and could not tur

to look at the officer. Mr. Klein reported that the officers were abrasive and rude. He reported thatthe officers did not conduct a proper investigation consistent with the disturbance call they wereinvestigating. Though the officers told Mr. Klein they were there to investigate a domestic incident

they did not question his wife about their relationship. Mr. Klein points out that the officers werehostile throughout the encounter. Mr. Klein was offended by the search of his apartment, and thedetention of his wife. He was also upset about being placed in an embarrassing position (on hisknees) in front of his neighbors. Mr. Klein expressed concerns that his political activities might be thcause for the police action.

We flew to San Francisco January 23, 2009 to interview Mr. Klein and his wife. We also inspected thscene of the incident and took photographs and video of Mr. Klein's apartment. We have includedsome of the raw video with this opinion. We have re-interviewed Mr. Klein on three subsequentoccasions since our trip and we have spoken with three witnesses that Mr. Klein supplied. Thoughthe witnesses did not see the events, they were familiar with Mr. Kleins reputation and demeanor uto the day of the incident. The witnesses also provided information about the apartment complex

and other noise/disturbance issues at the location. The witnesses supported Mr. Klein's contentionthat he is a cooperative and well-liked neighbor within the complex. A second witness confirmedthat Mr. Klein was visiting with her before the police incident as he described in his interview withme. Kleins witness reported that he had one drink and was not intoxicated when he left herapartment. I have removed witness names from this report pending their agreement to have theirnames used.


2/4

2

QUALIFICATIONS

My qualifications are as described in my curriculum. To summarize, I have served as an AdjunctProfessor of Criminal Justice at Florida A&M University and Florida State University. I earned aMasters degree in criminal justice from Penn State University. I am also the CEO of Policeabuse.coma national non-profit organization that investigates and documents alleged police misconduct

throughout the United States. Policeabuse.com maintains the only national database for complaints

of police misconduct allegations in the United States. I conduct training sessions for law enforcemenorganizations throughout the United States, including training and seminars for police chiefs. I amalso a licensed private investigator and have conducted numerous investigations in that capacity. Ihave more than 500 investigations of police misconduct in my experience.

I have trained more than 5,000 police officers on police practices, the use of force and racialprofiling. I have also trained about 500 chiefs of police and 200 sheriffs across the United States onpolice misconduct. I have been under contract with the Florida Highway Patrol to train troopers onthe issue of police conduct. I have contracted with the Lauderhill Police Department in SouthFlorida, and several other agencies, to teach the preventive measures which supervisors may employ

to prevent misconduct and discriminatory traffic stops. I have had similar contracts with theBroward County Sheriffs Office.

I have been invited by many reputable organizations, including the United States Department of

Justice, to either lecture or make presentations on racial profiling by law enforcement. Myorganization has conducted numerous undercover investigations documenting racial profiling andother misconduct by various law enforcement organizations throughout the United States. Ourvideos are used by more than 1200 police departments across the country for training.

I am a former member of the Hawthorne Police Department, in the State of California, where I waat various times, a police officer, field supervisor, detective and sergeant. I specialized in undercove

and sting operations. As a member of the Hawthorne Police Department, I have conductedinvestigations, arrests, handcuffing, transporting and processing of individuals. I also have anadvanced certificate in Peace Officer Standards and Training. I am a qualified instructor in PoliceControl Restraint Techniques. I have been qualified as an expert in police practices in both federalcourt and California state courts, especially with regard to the use of force, report writing and officermisconduct. Prior to becoming a police officer, I had worked as a Sheriffs Deputy in Ventura CountCalifornia. I spent a combined period of approximately nine years as a Sheriffs Deputy and policeofficer.

I have testified before the California State Assembly and the United States Congress on police

practices. I have won many awards and accolades for my investigative work in the field of lawenforcement.

TASK TO BE PERFORMED

I was retained to review the case materials and render a professional opinion on whether or notofficers from the Walnut Creek police department may have engaged in misconduct whileinvestigating a disturbance at the home of Mr. William Klein and his wife. I was also asked to rende


3/4

3

an opinion on whether the conduct I reviewed was consistent or inconsistent with established policepractices.

MATERIALS REVIEWED

In preparing my reports, I reviewed the following materials, which are commonly examined, in m

area of expertise in rendering professional/expert opinions:

Walnut Creek Police ReportsWalnut Creek Radio LogsWitness Statementsrecorded interviews three witnesses (3 hours)Victim interviews (6 hours)Video from incident location (2 hours)International Association of Chiefs of Police Model Policies in the below areas

Use of force

Arrests

Field interviews Citizen Contact

Domestic Disturbances

Standards of conduct

BRIEF SUMMARY OF FACTS OPINION WITH RELEVANT COMMENTS

Based upon my review of the above materials and on my training, education, experience,professional qualifications in police operations, practices and procedure, I offer the followingopinions within a reasonable degree of professional certainty. It is my expert opinion that the WalnuCreek police officers violated a number of policies related to the investigation of domestic violence

complaints, use of force and basic officer conduct. Based on the witness statements, InternationalAssociation of Chiefs of Police (IACP) policies and evidence supplied by the Walnut Creek Police

department, it is my professional opinion that this matter was mishandled.

There is no evidence that Mr. Klein was abusing his wife when the officers arrived. A morethorough investigation would have revealed that the reporting party that made the 911 call to WalnuCreek Police Department was a neighbor with whom Mr. Klein was having a dispute. She had madesimilar complaints in the past without basis.

In addition to failing to investigate the disturbance adequately, officers used more force than wasreasonable to control Mr. Klein who was cooperative throughout the encounter according to witness


4/4

4

statements and reports. Though it may have been reasonable to order Mr. Klein out of the apartmenit does not seem necessary to order him to the ground when he is not resisting and while sufficientofficers were there to control the situation. Moreover it is my expert opinion that any force used atthe point that Mr. Klein was on the ground was inconsistent with standards that a reasonable officerwould employ under similar circumstances.

My conclusions are based on information reviewed thus far and information available in the publicrecord. I have requested the internal policies of the Walnut Creek Police Department. I have notreceived them as of this date. It is my professional opinion that Mr. Klein was subjected to excessiveforce and an improper search. After the scene had been secured and it was evident that Mr. Kleinpresented no threat, the officers should have quickly and thoroughly explain their actions. Moreovetheir continued search of Mr. Klein's apartment in areas not relevant to the call was inappropriateand inconsistent with international and national policing standards. According to InternationalAssociation of Chiefs of Police protocol the officers should have thoroughly investigated the matterincluding taking extra steps to ensure that the report that had been made was valid. There was noprotection order between Mr. Klein and his wife. The officers made no effort to investigate this

contradiction to the 911 report. Again, according to IACP policies, the officers should have contactedall potential witnesses and collected all available evidence.Again, I reserve the right to amend or supplement this report should any other relevant informatio

become available to me.

6-1-2009_______________________Diop Kamau

klein report

Documents