LAKE COUNTY — Sheriff Frank Rivero received consent Tuesday to move forward with exploration of options for increasing security procedures at the county courthouse in Lakeport. Rivero brought the item before the Board of Supervisors in response to his state obligation to provide for the safety of judges.
“I hope the board understands I have a constitutional obligation to do the best that I can to make sure that the judges are safe. I”m being asked to sign a memorandum stating that certain securities are in place for the judges in this courthouse and I don”t feel comfortable signing it,” Rivero said. “In fact, there is no security (on the fourth floor) to speak of at this point in time. So, that”s the position we find ourselves in and we have deal with it.”
Rivero said options are to either secure the entire building or just secure the fourth floor, which is where most criminal cases are heard. He said he was relatively neutral on the option.
“What I”m not neutral on is giving the board and the public and everybody that works in this building the impression that the building is currently secure as it should be,” he said. “It”s my opinion that we are not really providing proper security for the courts or the building. We are trying to achieve somewhat of hybrid here and it”s just not working.”
Currently, the screening station for entrance into the courthouse is located on the first floor. Rivero said the problem he has is not with the security station but rather it lies in his determination that the building is porous.
“Let me clarify here. I”m not criticizing the security station up front. In fact, the problem is the building is porous and you have many different entrances and exits in the building and frankly, people hold doors open on the second floor,” Rivero said. “I”ve sat around the corner here and watched. People go out; somebody”s coming in, they”ll just hold the door open for them. That is problematic. To the extent that the problem can be fixed, we have to give it a try.”
Rivero said there is a fair bit of inconvenience involved in having actual security to secure the integrity of the entire building as people would have to wait outside and everyone would have would have to be screened prior to entry to the building. The alternative, he said, would be to move the security station to the fourth floor and secure that floor only.
Rivero said he would be discussing options, including those to alleviate court traffic, with a representative of the judges on Wednesday. He said among those options he intended to present were to limit the amount of people coming onto the fourth floor by having video arraignments. “That would cut down on some of the traffic,” he said. “We are prepared to do that and have all the equipment ready to go. I”m hoping to get approval on that.”
He also said he intended to suggest the possibility of moving some of the hearings to the courthouse facility in the south county, which he said is a building that would be much easier for him to secure.
“I said I didn”t want to take a position on it yet until you had (the meeting with the judges” representative). I will say, given the two options of locking this place down or protecting the fourth floor, I”m not interested in locking this place down,” District 5 Supervisor Rob Brown said. “This is the public”s building and I”m not interested in that at all.”
District Attorney Don Anderson said while he supports Rivero”s efforts to increase security, he has concerns with allowing no exceptions to the screening process with regard to his staff and victims/witnesses that must enter the courthouse.
“The main reason why I”m here is the part of the policy what would be implemented here, is there is no exceptions to the screening. That”s where I have my biggest problem,” Anderson said. “I don”t want a situation where I have to have my investigators out there in line with the victims going through the line in fear that the defendants are harassing them or might do them some harm.”
Anderson said another concern he has is with not providing his investigators with direct access from the courthouse straight to the fourth floor, especially in case of emergency. He also said it doesn”t make sense to him to require that his investigators to go around to the screening process to confirm that they are armed.
“We”re willing to work with you but I don”t like the non-exceptions to the screening process,” Anderson said. “It”s going to put the victims and the witnesses as well as our deputies DAs and officers in jeopardy.”
Anderson said whether the board wants to move the security to the fourth floor is not really academic, stating that approval from the state is required. “It”s my understanding that the state is not going to allow the security system to be put on the fourth floor,” he said. “I think that was dealt with a few years ago when the board addressed it before. There are problems with fire codes; you cannot make the fourth floor ADA compliant by moving security up there.”
Rivero questioned Anderson”s statement and said that he didn”t think that requiring those in wheelchairs to go down stairs to use the restroom and get re-screened prior to returning to the fourth floor violates any ADA requirements that he is aware of. He also questioned Anderson”s statement regarding state approval. “To the extent that (the state) may or may not have said that I would like to see it in writing and say that they don”t want the fourth floor secured, then I”ll accept that. That”s the state. It”s their judges and ultimately their call,” he said.
Rivero said he was willing to work with the DA”s office in regard to Anderson”s exception concerns.
“Any law enforcement officer that ID”s himself as a law enforcement officer is going to be exempt. That has always been the rule and will continue to be the rule,” he said. “What I”m saying is employees here and other folks that access this building will need to be screened and that”s a reasonable process true of any legitimate security process.”
The board was in agreement with the need for increased security measures at the courthouse and conceded in directing Rivero to continue exploration of options.
Contact South County reporter Denise Rockenstein at drockenstein@clearlakeobserver.com or call her directly at 994-6444, ext. 11.
