LAKE COUNTY — Attorneys representing the Board of Supervisors (BOS) and the sheriff are due to face off in court in three weeks.
Sheriff Frank Rivero filed a petition in late March, asking the court to order the BOS to provide private legal counsel during a reported District Attorney”s Office investigation and to pay for attorney fees associated with the civil case.
The petition lists the BOS as the respondent. Lake County is a “real party in interest.”
The BOS voted 4-1 on March 6 to deny Rivero”s request for private legal counsel.
County Counsel Anita Grant determined at the time her office had a conflict of interest and could not represent either party during the investigation.
The BOS argued a member of the County Counsel”s Office could represent Rivero with an “ethical wall” established within the department.
Rivero said he would not waive the conflict of interest to allow for county representation with the “ethical wall.”
The incident at the center of the DA”s Office investigation was an on-duty shooting involving Rivero when he was a sheriff”s deputy in February 2008, according to court records.
The Lake County Sheriff”s Office (LCSO) reported at the time that the then-deputy fired a single shot after a suspect brandished an apparent weapon. The man was reportedly uninjured.
The LCSO and DA”s Office investigated the incident at the time and no criminal charges were filed against Rivero.
District Attorney Don Anderson said earlier this year that his office was not investigating criminal violations related to the shooting incident.
Anderson stated in a declaration filed with the court that his office opened an investigation into the shooting after receiving information more than a year ago questioning Rivero”s honesty during the original inquiry.
The DA wrote that he would have to turn over any proof of a peace officer”s untruthfulness to defendants in criminal cases involving the officer as possible impeachment evidence.
A court hearing is set for the afternoon of July 20 at the Lake County Courthouse in Lakeport.
The Fullerton-based law firm Jones & Mayer represents Rivero. The County Counsel”s Office represents the BOS.
