LAKEPORT — District Attorney Don Anderson and Sheriff Frank Rivero traded radio appearances on KPFZ 88.1 FM on Saturday, continuing the public discourse of several recent law enforcement controversies.
Anderson sat as a guest on the morning show “Saturday Salon,” hosted by Catherine and Steve Elias, to discuss his community service diversion program.
Anderson”s program allows eligible defendants who live out of the county to donate to a Lake County charity or nonprofit a dollar amount corresponding to the work required by the community service hours in their sentence. One such defendant chose KPFZ as a local recipient, a move the station recognized during the Elias” show.
During the appearance, Anderson addressed his office”s investigation into two recent incidents involving the Lake County Sheriff”s Office (LCSO) and other agencies.
“This investigation is not singled out on any one person or any one organization. It is simply a fact-finding investigation to find out exactly what happened in two specific instances,” Anderson said.
One incident was the May 14 gathering of Vagos Motorcycle Club members in Lakeport.
Reports surfaced that day that more than 100 Hells Angels Motorcycle Club members were en route to Lake County, possibly to confront the rival gang, resulting in officers being posted at county borders to preempt Hells Angels” members” entry.
No Hells Angels members appeared, but Anderson said he was “morally and legally obligated” to investigate law enforcement”s response because attempting to prohibit the members” entry could have violated their state and federal civil rights.
“Just because you”re a gang member don”t mean you lose any of your constitutional rights,” he said during the radio appearance.
The investigation seeks to determine “whether or not there was a conspiracy or an attempt to violate this outlaw motorcycle gang”s civil rights,” which, if true, could leave the county vulnerable to lawsuits, according to Anderson.
Rivero has criticized Anderson”s decision to investigate the incident, saying during an appearance on KPFZ”s “Hellbound Handbasket” last week, “It seems to me that he has taken a position that is somewhere left of the (American Civil Liberties Union) and situated somewhere between the ACLU and the American Communist movement.”
Anderson addressed such public criticisms Saturday morning, saying, “If no one has committed any violation of any laws, then they have nothing to worry about. And then there”s no reason for going public and doing name-calling, no reason to become paranoid, no reason to attack my department or myself.”
The DA also discussed the second incident, an undercover LCSO narcotics operation in Clearlake on May 19.
At one point during the operation, Clearlake Police Department (CPD) officers, unaware of the operation, reportedly approached the undercover LCSO personnel with weapons drawn.
Anderson said law enforcement protocol practiced statewide dictates that the CPD should have been notified and the lack of awareness was dangerous. “We came extremely close to losing anywhere between one to three deputy sheriffs,” the DA said.
Rivero, who has said it was his decision not to inform the CPD during the impromptu operation, has attempted to downplay reports that the situation was intense when the CPD officers unknowingly approached undercover LCSO personnel.
The DA”s office investigation aims to find the truth about the encounter because members of both agencies have differing stories, which negatively impacts the potential prosecutions of suspects arrested during the operation, Anderson said.
Rivero, who appeared on Herb Gura”s radio program, “The Law Show,” on Saturday evening, again criticized Anderson”s investigations.
“He”s throwing around a lot of mud at me for doing what I consider to be my job and frankly I don”t think he has a leg to stand on,” Rivero said of Anderson.
Both elected officials confirmed Thursday that they have not discussed these issues with each other during the past week, with Anderson saying it “would not be appropriate” for him to speak with Rivero about the incidents while the investigation is ongoing.
Rivero did spend a portion of his Saturday evening appearance discussing issues with an elected official, District 5 Supervisor Rob Brown, who called into the radio program.
Rivero has stated that, in his opinion, Brown”s private job as a bail bondsman conflicts with his position as a county supervisor because the Board of Supervisors make decisions that affect law enforcement, such as union negotiations and LCSO budget approval.
“I”m not looking to attack the guy and I certainly don”t want to impinge on his method of making a living but sometimes you do need to recuse yourself and you do need to have that barrier between one profession and another profession,” Rivero said before Brown called into the show.
Brown later said “no legal conflict” exists, telling Rivero, “We have cleared this with the (state) Department of Insurance, before I even took office, that there is no conflict. We cleared it with county counsel before I took office.”
Rivero cast a light on Brown”s private profession during his previous appearance on “Hellbound Handbasket” while discussing issues related to the May 19 undercover narcotics operation in Clearlake.
“Ironically the salesman, a fellow by the name of Michael (T.) Mitchell, had been recently arrested for, guess what, methamphetamine sales. And he was out on $50,000 bail, which he told me in the back of my patrol car he had been bailed out by Rob Brown,” Rivero said last week, later adding, “We rearrested the fellow who was let out on bail by Rob Brown, for $1,200 or $1,500.”
Brown responded to Rivero Saturday. “That may have been what he told you but what I”m telling you is the implication that the total bail premium was only $1,200 is misleading,” Brown said.
Rivero asked Brown, who has confirmed Mitchell is a client, to divulge the specifics of the bail agreement. Brown declined, saying, “due to the confidentialities that I have with my clients, I am not allowed to discuss the agreement with them.”
Brown later said he recently spoke to Mitchell and his client denied speaking to Rivero about bail specifics.
Rivero and Brown confirmed Thursday that they have not discussed the issues since Saturday”s radio program. Brown said he sent Rivero several e-mails attempting to set up a meeting, to which he received no reply.
Rivero said he is willing to meet with Brown, but his attention has been focused on the LCSO investigation into an alleged clash between Hells Angels and Vagos members Saturday afternoon during a tattoo convention at Konocti Vista Casino and Resort in Lakeport.
Contact Jeremy Walsh at jwalsh@record-bee.com or call him at 263-5636, ext. 37.
