Ron The Cop

A lie told often enough becomes the truth.

March 15th, 2011

Spokane PD – In violation of WA Public Records Act?

See this recent article in the Inlander regarding SPD’s ninety day wait time to receive copies of simple police reports:

Paper Jam

Last fall, Ken Hoeche and his family constructed a simple wooden cross to mark the grave of his son, Jerod Hoeche, who died Nov. 18 in a rollover crash near Medical Lake.

Hoeche says he would like to place a more permanent marker on Jerod’s grave, but he is still awaiting a final accident report to send to an insurance company.

On Monday, Hoeche (pronounced “hay-key”) learned his records request is being processed and he should get the report — on or about May 1.

I too have encountered this delay in my investigation of the Creach OIS.  I recently wrote Tim Ford, the WA  Assistant Attorney General for Government Accountability (AKA Ombudsman):

Re:  Spokane Police Department’s routine delay of 90 days to release simple police reports

Dear Mr. Ford,

I see you were quoted in this latest article by the Inlander re the substantial delay by SPD in complying with PRRs under the WA Public Records Act.  I have first hand experience that this delay approaches 90 days.  This includes request for simple police reports.  I believe such a delay violates the intent of the PRA.  In the case of Spokane this also is a means the concealing questionable acts by SPD and its government from the public

I’m currently researching the tragic Creach Officer Involved Shooting by a Spokane Co Sheriff’s Deputy that was investigated by SPD per a regional protocol for the investigation of OIS/OIDs.  See my blog report on my investigation.   I too was in this queue until I complained.  SPD Asst. Chief Nicks later instructed Police Records Manager Theresa Giannetto to put such PRRs at the head of the line for redaction.  Ms. Giannetto has been very helpful with my requests but unfortunately she was placed between a rock and a hard place by her superiors re cuts in her departments staffing.  The Inlander article says Ms. Giannetto will received additional staffing.  I will remain skeptical until this additional staff is in place.  In some cases I don’t think this was a benign simple budget cutting action on the part of the City.

I openly copied you with an email I sent to City Clerk Terri Pfister and Ms. Giannetto that I felt a delay of 90 days was potentially a violation of the PRA (See below).  Breean Beggs suggested that I bring this to your attention.  I have since been provided the additional supplement report by SPD Det. Hammond that I sought in the Creach OIS.  If I were a citizen just wanting to get a simple police report I would be highly irate that not only would I have to wait 90 days to get a copy of the report but I would have to wait out a long line to file my PRR as the records’ office hours are limited as well.  I’m encouraged that SPD is considering triaging these requests to speed the release of simple reports.

I’m just bringing this to your attention.  Should this happen again I may file a formal complaint with your office.

Sincerely,

Det. Ron Wright (Retired)

*****

Teri,

Could you ensure this message reaches internal City email addresses?  Also since I just replied to Ms. Giannetto’s email the subject header is a little misleading.  Perhaps you could title this more appropriately when you forward it.

Thanks again,

Ron Wright

———- Forwarded message ———-
From: Ron Wright <detronwright.retired@gmail.com>
Date: Wed, Feb 23, 2011 at 9:43 AM
Subject: Re: HEADS UP – SPD Lt. McGovern responds to my email re my opinion re the Cage Fight emails
To: “Giannetto, Theresa” <tgiannetto@spokanepolice.org>

 

Ms. Giannetto,

Thank you for this information and your continued support. Please give me a call on my cell [redacted] when Det. Hamond’s report will be available for pick up.

As a suggestion I would forward this information to SPD PIO Ms. DeRue for release to her media contact list.

Det. Ron Wright (Retired)

On Wed, Feb 23, 2011 at 8:30 AM, Giannetto, Theresa <tgiannetto@spokanepolice.org> wrote:

 

Mr. Wright,

 

Yesterday Chief Nicks came to my office and made me aware that the Administration has decided that public record disclosure reports of officer involved shootings will be expedited. In other words, he’d like that type of public record disclosure request/s completed before all others.  We will certainly do this in the future.  You and all other requestors will now receive those reports much sooner.

 

I thought you would like to know about this change.

 

Thank you

Theresa

 

 

From: Ron Wright [mailto:detronwright.retired@gmail.com]
Sent: Tuesday, February 22, 2011 6:20 PM
To: Giannetto, Theresa

Subject: Re: HEADS UP – SPD Lt. McGovern responds to my email re my opinion re the Cage Fight emails

Thanks Ms. Giannetto,

You have been very supportive and attentive to my PDR requests in the past.  I know your staff has been decimated and the time you have to redact police reports is severely limited.  Seems to me because of the significant community interest in this case that someone in SPD police leadership would direct you to put this report on the top of your queue to redact.  Also since Det. Hamond’s report of 01-26-11 is probably in response to my briefing memo I gave to WSP Sgt. Ken Wade on 01-14-11, there shouldn’t be much to redact as I only mentioned several potential witness names.

This issue is really for the police command staff but 90 days is really pushing the envelop of the language in the PRA re promptness.  In my opinion this borders on being non responsive and a way of concealing information important to this community discussion.  I may file a complaint to test if this delay is reasonable.

As you may note I’m cc’g WA AG Ombudsman Tim Ford and will be following up with an email.

Det. Ron Wright (Retired)

On Tue, Feb 22, 2011 at 5:02 PM, Giannetto, Theresa <tgiannetto@spokanepolice.org> wrote:

Mr. Creach,

 

I will log this public record  request for the follow up report written by Detective Hammond.  Mr. Wright has also requested this report some time ago.  Please consider this your 5-day response letting you know we have received your request.   This report will be ready for release the same day as Mr. Wright’s request because once it is prepared for release, we can release to all requestors.  We estimate we will be able to provide this report in approximately 90 business days. 

 

Thank you

Theresa Giannetto

Records Manager

March 9th, 2011

UPDATE – Creach Police Shooting Investigation – Spokane, WA

UPDATE to the original post

Email sent to Spokane County Sheriff’s IA Det. Gere on 03-07-11 in response to recent supplement report by Spokane PD Det. Brian Hirzel in the Creach OIS investigation.  The SCSO’s is currently doing its IA review/investigation into this very tragic shooting for all involved both the family and officers involved.

 

Det. Gere

SCSO Internal Affair Unit:

 

Re:  Creach OIS Investigation & Det. Hamond’s Supplement Report of 01-18-11

 

Dear Det. Gere,

I have since reviewed the sup rpt by SPD Det. Hamond dated 01-18-11 that Sheriff Knezovich referred to at our meeting on 02-04-11.  Here are a couple of key passages from my letter which is attached on MS Word .doc form:

 

I will eventually write an addendum to my Report and Analysis – Creach OIS Investigation in response to Det. Hamond’s new supplement report.  Since SCSO IA investigation/review is now underway, I’m providing my thoughts and insights in response to Det. Hamond’s supplement in advance of writing an Addendum III.

 

I will repeat again the Creach family has not retained me.  I am acting independently of the Creach family.  Please see my disclaimer in my email to Prosecutor Tucker. . .

 

I have read Det. Hamond’s supplement as well as the attached documents.  I do agree several of the issues and concerns have been resolved or were referred to police administration for further discussion. Regardless – my over all findings regarding the Creach OIS investigation as given to Mr. Tucker remain the same:

 

The OIS investigation as prepared by SPD is so flawed and incomplete that it poses a serious legal liability for the citizens of Spokane County. It left so many unaddressed and unanswered issues/questions as to actually raise the question of whether it is an attempt on the part of law enforcement to cover up a policeman’s crime. If that is not the intent of this embarrassingly poor investigation, the only other conclusion I can draw is that it reflects professional incompetence that the public cannot accept. As a member of the public who served as a police officer for 35 years, I certainly do not accept it. . .

 

The question now is whether the SCSO will do a complete and thorough IA review/investigation.  Will SCSO actually search for the truth or will it simply follow the path set by SPD?  I encouraged you to very carefully consider my analysis and recommendations as you proceed with the IA review and investigation. 

 

As before if you have any questions or need any clarification please call me on my cell at any time or send me an email.

 

Sincerely,

 

Det. Ron Wright (Retired)

*****

As investigative reporter Larry Shook previously commented on my work:

Det. Wright:

As a journalist following this matter, it occurs to me there is another compelling question at this moment. Does an inadequate work product by Mr. Tucker expose the taxpayers of Spokane County to gratuitous financial loss that could result from the Creach family suing over their father’s death? As a veteran police investigator, what’s your view? The people of Spokane are entitled to know if they are being needlessly exposed to financial loss resulting from unprofessional police work. This is a completely different matter than the tragic needless loss of life.

I am very skeptical about the need to have killed Rev. Creach. I’m not saying the deputy wasn’t justified, but were I a member of a jury weighing the justification of his killing I would begin with this understanding: Rev. Creach was an old man responding to a noise in the night on his own property. And a Spokane County Sheriff’s deputy killed him. You’d better believe I would demand the most professional possible justification for his death. I am a strong supporter of the police. I even had a little police training and did a little police work myself as an Army MP. But nobody supports poor police work. There’s no excuse for it. And there’s no excuse for saddling innocent taxpayers with the liability of it. It seems to me that you have been begging the prosecutor and sheriff to do their jobs. In your professional opinion, are they? These aren’t rhetorical questions. . .

Thank you. Sincerely, Larry Shook

March 2nd, 2011

Creach OIS Investigation – A Report and Analysis

SCROLL FOR UPDATES

I completed my Report and Analysis – Creach OIS Investigation.  This report was given to Sheriff Kenzovich in a meeting on 02-04-11.  A cover letter was attached to the report (See below).  Since neither Sheriff Knezovich or WSP Sgt. Ken Wade complied with my demand I am now making this report public.

Det. Ron Wright (Retired)

*****

February 4, 2011

Ozzie Knezovich, Sheriff

County of Spokane

 

Ken Wade, Sgt.

Washington State Patrol

Re:  Report and analysis of Creach OIS

Dear Sheriff Knezovich and WSP Sgt. Wade:


Please find attached my Report and Analysis of the Creach OIS Investigation, which includes my recommendations for further necessary investigative work and my findings.  In my email of 01-18-11 to County Prosecutor Steve Tucker, I clearly stated my interest in this case, my concerns and the reasons for my involvement in this case.  I believe each of you owe a legal duty to study my report carefully. I request you do so immediately. 

My principal findings are:

·      The OIS investigation as prepared by SPD is so flawed and incomplete that it poses a serious legal liability for the citizens of Spokane County. It left so many unaddressed and unanswered issues/questions as to actually raise the question of whether it is an attempt on the part of law enforcement to cover up a policeman’s crime. If that is not the intent of this embarrassingly poor investigation, the only other conclusion I can draw is that it reflects professional incompetence that the public cannot accept. As a member of the public who served as a police officer for 35 years, I certainly do not accept it.

·      No informed decision can be made about whether the shooting death of a Spokane County citizen by a Spokane Sheriff’s deputy that is the subject of this investigation was justifiable. Because of that, it raises the question in this veteran investigator’s mind of whether the deputy himself was engaged in criminal activities that the victim was investigating at the time the officer shot him to death.

 

One unfortunate result of Mr. Tucker’s unprofessional conduct is that it has severely complicated any subsequent voluntary interviews with the involved deputy.  As I understand, the Spokane County Sheriff’s Office will now begin its internal affairs review and investigation of this incident.  Compelled statements of the deputy generally can’t be used in a state criminal proceeding, however in a federal case (Criminal and or civil rights case 18 U.S.C. 242 & 42 U.S.C. § 1983), such statements may come in if they are relevant to lying to a federal investigator e.g., this is now the situation in the Otto Zehm Case.

Regardless of how flawed the SPD OIS investigation was as it was given to Mr. Tucker and Mr. Tucker’s lack of further inquiry and subsequent decision not file, this does not absolve either of you personally and or the Spokane County Sheriff’s Office and the Washington State Patrol of civil labiality.  You have a separate sworn duty and responsibility to the people to ensure a proper investigation is done for the reasons I outlined in my executive summary:

OIS investigations must be A+ level work not only for the important criminal review but also for the subsequent Internal Affairs (IA) review/investigation regarding police policy and procedure. 

The purpose of the IA review is to identify if mistakes were made, to prevent further like events by changing policy, procedure, tactics, and training. When law enforcement fails to identify, acknowledge and or recognize when mistakes are made and take corrective/appropriate action, not only do the potential civil damages in the instant case increase substantially but in future cases as well.  

Lastly the public must have confidence in the OIS review process or collectively the law enforcement community will lose the trust of the public.  The taxpayers must ultimately bare the cost of such poor decision-making by law enforcement leadership to identify and to mitigate risk.

 I request that both of you, on behalf of your separate agencies, issue a statement within two weeks regarding the receipt of my report and your intent to correct the deficiencies it outlines. If you do not honor this request, I will make the report public in order to assist the public in holding you accountable to your legal duties.

 As fellow law enforcement professional, I regret the necessity of doing this. I consider it necessary, however, because in the matter of the First-Degree Manslaughter death of Jo Ellen Savage in the Riverpark Square parking garage, evidence suggests that Mr. Tucker by his actions was derelict in his sworn duties and responsibilities to the point of rendering criminal assistance.  The Spokane Chief of Police and Spokane County Sheriff by tolerating and condoning the actions of Mr. Tucker are both potentially guilty of rendering criminal assistance.

 I will not stand by while such illegal actions are taken in the matter of the tragedy at hand. So long as the community of Spokane does not draw a line in the sand regarding such police misconduct needless tragedies, and erosion of public confidence in local law enforcement, will almost certainly continue.

Sincerely,

Det. Ronald Wright (retired)

Cc:  Tim Burns SPD Police Ombudsman

        Andy Wilson, ITT – Chair Criminal Justice Program

*****

Title Page

Table of Contents

Executive Summary

Report

Table of References

Addendum II

*****

UPDATE I:

Email sent to Spokane County Sheriff’s IA Det. Gere on 03-07-11 in response to recent supplement report by Spokane PD Det. Brian Hirzel in the Creach OIS investigation.  The SCSO’s is currently doing its IA review/investigation into this very tragic shooting for all involved both the family and officers involved.

 

Det. Gere

SCSO Internal Affair Unit:

 

Re:  Creach OIS Investigation & Det. Hamond’s Supplement Report of 01-18-11

 

Dear Det. Gere,

I have since reviewed the sup rpt by SPD Det. Hamond dated 01-18-11 that Sheriff Knezovich referred to at our meeting on 02-04-11.  Here are a couple of key passages from my letter which is attached on MS Word .doc form:

 

I will eventually write an addendum to my Report and Analysis – Creach OIS Investigation in response to Det. Hamond’s new supplement report.  Since SCSO IA investigation/review is now underway, I’m providing my thoughts and insights in response to Det. Hamond’s supplement in advance of writing an Addendum III.

 

I will repeat again the Creach family has not retained me.  I am acting independently of the Creach family.  Please see my disclaimer in my email to Prosecutor Tucker. . .

 

I have read Det. Hamond’s supplement as well as the attached documents.  I do agree several of the issues and concerns have been resolved or were referred to police administration for further discussion. Regardless – my over all findings regarding the Creach OIS investigation as given to Mr. Tucker remain the same:

 

The OIS investigation as prepared by SPD is so flawed and incomplete that it poses a serious legal liability for the citizens of Spokane County. It left so many unaddressed and unanswered issues/questions as to actually raise the question of whether it is an attempt on the part of law enforcement to cover up a policeman’s crime. If that is not the intent of this embarrassingly poor investigation, the only other conclusion I can draw is that it reflects professional incompetence that the public cannot accept. As a member of the public who served as a police officer for 35 years, I certainly do not accept it. . .

 

The question now is whether the SCSO will do a complete and thorough IA review/investigation.  Will SCSO actually search for the truth or will it simply follow the path set by SPD?  I encouraged you to very carefully consider my analysis and recommendations as you proceed with the IA review and investigation. 

 

As before if you have any questions or need any clarification please call me on my cell at any time or send me an email.

 

Sincerely,

 

Det. Ron Wright (Retired)

January 21st, 2011

Creach OIS – Tucker makes decision on incomplete report/investigation

SCROLL FOR UPDATES

Re:  Creach OIS investigation

Dear Mr. Tucker

From your emails to the media last week, it appears that you will release your finding/decision this week in the Creach OIS investigation.

CAUTION – the OIS reports as presented to you are incomplete and leave issues/questions unanswered and unaddressed.  An informed decision whether this tragic shooting was criminally justified or not – is not possible at this point.

Why you didn’t send this OIS report immediately back to the OIS investigative team for further investigation is beyond me.  Even though SPD sent several emails asking if you required any additional information, the general answer was from your office was no.  Why?  Perhaps as discovered by KREM2 in their report Cage Fight; the timing of your decision had more do to with your then pending election for County Prosecutor than a search for the truth as to what actually happened in this tragic event.  Unfortunately the voters returned you to office because the two viable Republican candidates took each other out in the primary.  Because this was a Republican year those Republican voters who voted a straight ticket return you to office.  Apparently they did not notice the Republican Part did not endorse your reelection.  I will continue to hold you accountable for your actions or more appropriately your inaction and lack of leadership in the law enforcement community as this County’s chief law enforcement officer.

As I’ve disclosed many times before, I am not the Creach family’s private investigator nor am I their law enforcement expert that is reviewing this information.  The Creach family sought me out through mutual contacts.  I have not been retained by them and only being reimbursed for copying fees.  I have freely shared with them the information I have obtained by filing PDRs.  I have not provided them with any detailed analysis of the material I have received.  They gave me the 733 page redacted report, the ME report and the autopsy photos.  I have since obtained by PDRs the subsequent police reports by SPD Det. Hamond and the WSP forensic reports after the initial report was released, the scene photographs, the 911 Call center computer log file, the Dispatch Center’s CAD Call Incident History with the SECOND marks.  I will be filing one more PDR regarding time stamping information that  has just occurred to me that may be useful regarding the time line.  Much of this information was made available to you by the beginning of October 2010.

I am truly sorry if my expectations exceed the local standard of performance but I would have not given such an investigation leaving so many unanswered and unaddressed questions to my district attorney for a criminal review.  I would have sought to address these questions to the best of my ability prior to referring the report for review.  If I hadn’t done so, my district attorney would have simply sent it back for more investigation.  Please see the attached commendations of my work product by both CA deputy district attorneys and my former command staff.

Based on my review of the reports you now have I will stand by my professional opinion as I state above.

I met with WSP Sgt. Ken Wade last Friday for two hours after returning from Orlando, FL. Sgt. Wade emailed me while I was out of town after the OIS investigative team’s meeting last Tuesday to consider the new CAD history information.  Sgt. Wade is aware I’m in the process of preparing a report/analysis for Sheriff Knezovich and him and wanted my report as soon as possible.  I agreed to meet with him to give him a briefing summary.  I expressed my concerns where this investigation was lacking as it was given to you.  I suggest you talk with Sgt. Wade regarding my concerns.  It is apparent that the OIS team has considered some of these issues but this is not reflected and or documented very well in the existing reports.  I do not necessarily agree with the OIS teams rationalizations and conclusions regarding some of these issues.

I know we are inclined to give officers the benefit of the doubt as to their statements but there are times when a few amongst in our ranks do cross the line and commit criminal acts.  Spokane is not immune as documented in the book, Breaking Blue, chronicling Sheriff Bamonte’s investigation.  My agency has had its share too.  One case in particular stands out in my memory which came to be known as,  “Jake in the lake case.” A drunk filed a complaint that officers drove him to a nearby lake and threw him in.  On the surface this sounded unbelievable but our investigators kept digging.  It was discovered that this man’s lungs contained an algae that was specific to this lake.  This case was criminally prosecuted and the officers involved were terminated.  More recently another an off duty officer committed an armed robbery.

The key areas in need of further study/discussion are the time line/sequence of this event independent of the statements of Deputy Hirzel, the entry/trajectory angle of the bullet wound, the blood trails/stains – the possibility that the body was moved, and the inconsistencies in Dep. Hirzel’s statements based on the evidence, forensics and other information.  I would have not concluded this case without a fourth interview with Dep. Hirzel and doing other investigation to confirm, corroborate and or clarify these inconsistencies to the best of my ability. Please remember the OIS investigators attempted to get the CAD history in seconds but were told by the experts this was not available.  Because of my knowledge and experience I was able to retrieve this important information.

As an instructor in criminal justice, my interest in the Creach OIS is academic.  My intent was also in a positive manner provide constructive critique of my law enforcement colleagues’ work product to improve its substance and quality.   OIS investigations must be  A+ level work not only because for the important criminal review but for the subsequent IA review re police policy and procedure to prevent further like incidents and to minimize the potential financial losses that the public must ultimately bare.  The public must have confidence in the review process or collectively the law enforcement community will lose the trust of the public we serve.  Lastly because of my unique professional experience, as a private citizen I am very concerned about the fraud, waste, and abuse of public funds readily apparent in the Spokane Region that are in excess of $100 millions of dollars.  I don’t relish having to bare the burden and expense of poor decision making by those who have the duty and responsibility to mitigate these expenses.  When law enforcement fails to acknowledge and recognize when mistakes were made and to take corrective/appropriate action, the potential civil damages only multiply.

Some have sought to diminish and marginalize my professional experience and opinion by saying I’ve made wild speculations.  Some pubic officials have attempted to silence me by accusing me of libel when I discovered my emails regarding my PDRs related to the Creach OIS investigation were being blocked/quarantined.  I later learned after filing a PDR for the computer forensics, this was done at the specific direction of City Attorney Howard Delaney earlier in the year during my investigation of the City’s CFO Gavin Cooley for misuse of the professional title CPA on the City’s website. Neither Chief Kirkpatrick nor Mr. Delaney have specified where I libeled Chief Kirkpatrick after sever requests by me and Larry Shook to do so.  Some have dismissed the validity of my opinions because I was never a lead OIS investigator.

While it is true I was never the lead investigator in an OIS, I was involved OISs in many assisting roles including that of a two-term police union president representing the legal rights of officers of an agency with over 500 sworn and civilian personnel.  It was during the service of one of my search warrants that an armed suspect was approaching the front door with the intent of shooting the officers at the door.  Fortunately because my intel/tactical planning, our SWAT officers made entry from another direction, confronted and shot this suspect who was later convicted of attempted murder of a police officer.  I reviewed and successfully filed 1000s of criminal cases during my thirty-five year career from the simple to very complex criminal conspiracies. These cases required a wide range of investigative skills including forensic financial and computer expertise.  It was my skills that were directly responsible for the identification and arrest of a suspect that ran over and murdered a young woman with her own car that he was stealing.

My agency, the Riverside Police Department (Riverside, CA), during my time there had several famous and/or infamous cases in it’s history – The Norco Bank Robbery, the Tyisha Miller shooting, and the hostage situation where members of our City Council were shot in a room adjacent to the City Council Chambers.  I’m very sensitive to police ambush shootings.  Four officers killed in two separate ambush related shootings and another two in other shootings during my time at RPD.  RPD just lost another officer several months ago in a gun related incident  (See RPD Memorial Page).  Law enforcement agencies in our immediate vicinity also lost many more officers to gun related shootings.

Mr. Tucker, you sir, have a sworn duty to the people of Spokane to objectively review these OIS investigations.  Your office is a procedural system check on law enforcement’s collective work product and actions.  I’m sorry to say in the Zehm death case and in the Jo Ellen Savage manslaughter case, you accepted law enforcement work product at face value and failed in your sworn duty to the people.  The US Attorney’s Office has apparently found evidence of an overt cover up by SPD in the Zehm case.  In the Savage case in my opinion you committed malfeasance in office by not requiring a complete and thorough criminal investigation that would have followed the evidence to its logical conclusion before you rendered your opinion that there was insufficient evidence to warrant a criminal filing.


I AM NOT saying there was any cover up in the Creach case or that a criminal filing is warranted. 

By your tolerance of mediocre LE work product a clear pattern and practice is emerging.  The question is in which cases is this tolerance intentional/overt in suborning the obstruction of justice and those in which merely are the result of inexperience or incompetence.

In NO WAY do I wish to diminish the work of the OIS investigation team in the Creach case as I believe there were political forces attendant that forced them to hand off this case before these issues could be adequately addressed.

Mr. Tucker I challenge you to actually hold a press conference when you issue your opinion to defend your position before the media and public instead of retreating from public view by merely issuing a press release as has been your past practice.  This is your duty as the chief law enforcement officer of this County.  I will also be challenging the local media not to let you do this yet again. This has all to do with maintaining the confidence and trust by the public these OIS investigations are indeed complete, thorough and credible.

As Alan Creach succinctly said in Friday’s S-R article by Thomas Clouse:

The larger question, however, is “‘How can you justify killing a senior citizen who comes out to investigate what he perceives to be a theft in progress?’” Alan Creach said. “What we have tried to articulate from the beginning is that they have to deal with the community from a perspective of integrity, even if it looks bad for the department.”


Mr. Tucker please remember while your office enjoys absolute immunity when prosecuting a case, in the investigative and filing phase your office only has qualified immunity.

Sincerely yours,

Det. Ron Wright (Retired)

UPDATE I

Email I sent to SPD Lt. McGovern

Lt. McGovern,

You have my previous emails to Prosecutor Steve Tucker and his staff and my recent emails with WSP Sgt. Ken Wade. I don’t know if you have the briefing summary that I provided Sgt. Wade yet last Friday.  I’ve further refined my time line from this briefing.  See below.

Please carefully review my challenge to Prosecutor Steve Tucker for my over all assessment of this OIS investigation and my relationship with the Creach family.  I’m am fully aware that SPD contacted Prosecutor Tucker several times and asked if he needed further investigation and the his general answer was no.  I realize that there were political interests that were beyond the control of your investigators in the timing of handing off this OIS investigation for criminal review.

I am sharing this information with the Creach family as this information is generally known now and won’t potentially compromised my recommendations for further investigation.  Perhaps they can convince Mr. Tucker that more investigation is necessary before he can make a finding in this case.

As I cautioned Prosecutor Steve Tucker in my email:

CAUTION – the OIS reports as presented to you are incomplete and leave issues/questions unanswered and unaddressed.  An informed decision whether this tragic shooting was criminally justified or not – is not possible at this point.

Mr. Tucker, you sir, have a sworn duty to the people of Spokane to objectively review these OIS investigations.  Your office is a procedural system check on law enforcement’s collective work product and actions.  I’m sorry to say in the Zehm death case and in the Jo Ellen Savage manslaughter case, you accepted law enforcement work product at face value and failed in your sworn duty to the people.  The US Attorney’s Office has apparently found evidence of an overt cover up by SPD in the Zehm case.  In the Savage case in my opinion you committed malfeasance in office by not requiring a complete and thorough criminal investigation that would have followed the evidence to its logical conclusion before you rendered your opinion that there was insufficient evidence to warrant a criminal filing.

I AM NOT saying there was any cover up in the Creach case or that a criminal filing is warranted. 

By your tolerance of mediocre LE work product a clear pattern and practice is emerging.  The question is in which cases is this tolerance intentional/overt in suborning the obstruction of justice and those in which merely are the result of inexperience or incompetence.

In NO WAY do I wish to diminish the work of the OIS investigation team in the Creach case as I believe there were political forces attendant that forced them to hand off this case before these issues could be adequately addressed.

Mr. Tucker please remember while your office enjoys absolute immunity when prosecuting a case, in the investigative and filing phase your office only has qualified immunity.
I’m aware that Prosecutor Tucker has scheduled a meeting with the Creach family tomorrow.  If Mr. Tucker follows his past practice in these incidents of significant interest to the public, he will merely issue a press release and not be available to the media to defend his decision.  I will not allow him to duck yet again his responsibility this time.

The purpose of my email is to establish an official record of my concerns re Prosecutor Tucker’s decision is being made without all the relevant facts/evidence attendant to this incident.  For all of those involved in this investigation I wouldn’t seek cover in any decision/finding by Mr. Tucker from discharging your own sworn duties and responsibilities to the citizens of Spokane.

Also could you please confirm the receipt of this email as I have a separate issue with City Attorney Howard Delaney regarding my emails being blocked/quarantined by him.

Sincerely

Det. Ron Wright (Retired)

Timing sequence of the event:

Det. Hamond did try to establish the time line from the various computer sources.   The CAD call incident history of this event shows Dep. Hirzel logging out of service on a prowl check at 14114 E. 4th by MDT/CDT entry at 23:00:07 Hrs local time (PDT).  A dispatcher (ID 591401) verified this address as entered by Dep. Hirzel as being a valid address in the geo mapping database at 23:05 Hrs.  Computer forensics of Dep. Hirzel’s laptop computer shows the traffic ticket he says he was working on shortly after parking his unit in the Plant Farm parking lot, was accessed at 11:06:15 Hrs. (23:06:15 Hrs) (Pages 234 and 248).

Dep. Hirzel says he was approaching 4th St. when he entered this address for the prowl check.  Dep. Hirzel says this call was already in the CAD system (Pages 527, 528, 539, 560 and 561). According to 911 Call Center Supervisor Scott who I spoke with said this is not the case.  This prowl check call was not in CAD prior to Dep. Hirzel’s entry at 23:00:07 Hrs. as designated by the (*) in front of his unit designator – B606.

Dep. Hirzel says shortly after parking his unit he pulled up his traffic accident report on his laptop.  Dep. Hirzel says he then pulled the ticket file up to make the necessary edit as requested by his Sgt.  Dep. Hirzel says he did a cut/paste from the traffic accident file to the ticket file.  Dep. Hirzel says he hadn’t done any editing yet when he first saw Creach approaching.

The CAD call incident history shows an entry, “Control G S/2” at 23:07 Hrs. followed by, “Shots fired” at 23:07 Hrs.  I’m assuming the entry, Control, was a manual keyboard entry by a dispatcher of the radio call by Dep. Hirzel saying, Code 6.  I’m assuming the entry of shots fired was also a manual entry.  These are manual CAD log entries and may be slightly delayed from real time, as the dispatcher must type the info in.  The first keystroke is probably what generates the computer time stamp.  This was later confirmed with 911 Call Center Supv. Scott.

Det. Hamond listened to the radio traffic voice recordings.  Det. Hamond determined that ten seconds elapsed between Dep. Hirzel calling Code 6 and shots fired (Page 84).  The second marks can also be established by the time stamping of the radio traffic audio recording. I filed a PDR for the audio recorder time stamping with the SCSO and learned that Det. Hamond noted the times as 23:07:15 Hrs. (Code 6) and 23:07:25 Hrs. (Shots fired).  I may have overlooked this information but I did not see this in the reports.

I filed a PDR with Spokane County’s 911 Call Center for the 911 call received from Mrs. Creach after hearing the shot.  See attached 911 computer log file of this call/incident. This 911 call was initiated at 23:07:53 Hrs. as logged by the 911 Call Center computer/telephone switch as it was received from a Qwest Tel Co. trunk line.  The call was answered by the call center at 23:08.01 Hrs.  Ernie Creach said his mother was at the window when she heard the shot.  She then went to get the phone from near the bed across the room. She then crossed back across the room.  According to Ernie Creach his mother misdialed the first time and redialed as she was went to the window.  Ernie Creach has timed the actions of his mother to be approximately 20 seconds before the 911 call connected.

I filed a PDR with SPD who owns the CAD system to determine what the actual seconds were in the time 23:07 Hrs. logged for the entries of Code 6 and shots fired that were rounded to the minute by the CAD system software program.

The CAD incident call history now in seconds:

Entered:  23:00:47 Hrs via MDT by Dep. Hirzel

Location GEO verified by dispatch at:  23:05:56 Hrs.

Code 6:  23:07:35 Hrs radio trans by Dep. Hirzel by dispatch manual entry

Shoots fired:  23:07:49 Hrs radio trans by Dep. Hirzel by dispatch manual entry

The 911 computer/tel switch and CAD computers are in sync within one second of each other.  See CAD entry at 23:08:03 Hrs. when info from Mrs. Creach’s 911 call is info merged into this call history.


I did suggest to Ernie Creach that he verify the time of his mother’s digital clock to actual time before there was a power failure:

 

I have double checked her clock.  It is fast by almost exactly 1 minute 30 seconds.  I have referenced this to my cell phone, and double checked my cell phone with 2 other atomic clock in dad’s office.  The cell phone and dad’s 2 atomic clocks turned over at almost exactly the same time within a second.  With that I took a second hand watch and watched the clock in mom’s bedroom and when that clock changed the second hand went almost exactly 30 seconds before my cell phone rolled up another minute.  Basically when mom saw 11:06 on her clock dad would likely have left the bedroom at 11:05 +- 30 seconds when synced to GPS.  I did contact our lawyer and relayed my concern that we officially test and document in an official way.


The Creach family has timed the actions and likely route of Creach once being aroused by Dep. Hirzel’s presence in the parking lot from his bedroom, grabbing his gun, leaving the residence and walking to the location of the police unit at approximately 90 seconds.

The time line of this incident is absolutely critical to this OIS investigation as it relates to the voracity of Dep. Hirzel’s statements.  The ending time can be approximated within several seconds of +/- 23:07:30 Hrs from Mrs. Creach’s 911 call, the CAD history time stamps, and the radio transmission audio record.  Until the audio recorder’s time stamping is verified I will give precedent to the 911 and CAD computers.

The beginning time of this event is not so definitive.  Assuming Dep. Hirzel is truthful when he entered this call by MDT and his location at the time, he parked his unit at the Plant Farm after 23:00:47 Hrs.  Assuming Dep. Hirzel did parked his unit shortly before he accessed the ticket file at 23:06:15 Hrs, this puts him in the parking lot no later than 23:06:15 Hrs. subject to the laptop time stamp (See below).

Assuming that Creach was not out on his property prior to Dep. Hirzel parking his unit and the family’s time estimate of 90 seconds is reasonably accurate, this puts Creach preparing to leave his residence at no later than 23:06:00 Hrs based on the timing of the shot.  Of course this could vary somewhat by the ten seconds that it required Creach to walk to the unit from when Dep. Hirzel says he first observed Creach.

The question is just how much earlier did Dep. Hirzel actually park his unit?  This is the bracket of time that this incident occurred and the possible time for all of the actions described by Dep. Hirzel to have occurred.

Recommendation:

I have determined the time line of this event by certain computer forensic information by filing PDRs.  There is additional information that may aid in further refining this time line of a technical computer nature that is not a public record obtainable by filing PDRs.  This information is potentially available from questioning radio/data communication and other IT/technical personnel that maintain these systems. 

Because of the nature of this specific OIS investigation and the critical nature of the time line of this event, this additional information should sought if at all possible now.   This information will inevitably be the subject of discovery in later civil actions.

What known time source is Dep. Hirzel’s laptop syncing and at what frequency?  Is this time source in turn synced to a GMT/UMT source?  This laptop while functioning as a MDT/CDT may time sync from the radio data stream via the unit’s radio transceiver.  If not it appears it the laptop may sync when it is in range of a Wi-Fi source. According to the reports Det. Hamond learned that Dep. Hirzel’s laptop time is reset whenever it comes into Wi-Fi range. Other deputies’ laptops could be surveyed to determine what the average +/- deviations are the norm.

What time source are the 911 Call Center computer and the dispatch CAD computer syncing?  Is this time source in turn synced to a GMT/UMT source?  How often do these computers resync?  It’s apparent from the CAD call incident history that these computers on the night of incident were in sync within +/- one second. 

The audio recorder probably is a stand-alone piece of equipment.  Since the 911 Call Center, Crime Check and the SCSO/SPD Combined Dispatch Center are all physical located at the same location, more than likely this is a multi-track digital recorder that is recording the 911 and crime check calls as well as all of the active radio channels.  If so, what is known time source is this recorder synced, at what frequency and what is the +/- deviation from the 911 computer and CAD computer?  It is possible the time stamp of this recorder is done manually on an infrequent basis.  If the actual real time deviation can’t be established at this late date, the radio transmission audio recording running time stamp can be compared with Mrs. Creach’s 911 call and the relative +/- deviation between these systems can be determined on the night of the incident.

Police Policy and Procedure – time syncing of critical computer systems

Since all of these systems are most likely physically located at the same location an effort should be made to ensure these systems are syncing to a known GMT/UMT source at a regular interval.  The servicing/maintenance personnel of these systems are probably either governmental employees and or vendors spread across several jurisdictional entities.  The agencies that are serviced by this call/dispatch center should come together and make this a priority of the call/dispatch center.

 

January 19th, 2011

A mayor’s anarchy & criminal government in America today

Larry Shook is an award winning investigative journalist that’s been working on this story of corruption in Spokane, WA for the last twelve years.  This summary is one of his best works so far.

Larry weaves what we’ve experienced locally with what we are witnessing at the national level with our elected representatives who have succumbed to a criminal element instead of representing the people.

I think these are the core themes that are resonating with the American people as evidenced by the Tea Party Movement about accountability of our government.

Who’s guarding the hen house?

As Shook asked:

What does a proven but unprosecuted $100 million case of public finance fraud in Spokane, WA, reveal about the historic economic catastrophe now threatening the U.S. and global economies? A new blog post explores that question. Go to www.larryshook.com.

December 15th, 2010

Spokane PD blocks incoming emails as spam

SCROLL FOR UPDATES

 

As I just released to members of the local media, this blockage of emails by Spokane PD has a very chilling effect.

 

[Email sent to local media]

 

To All:

 

My email to Spokane City Clerk Terri Pfister is self-explanatory.  As members of the press/media who are dependent on the transparency of government – re filing PDRs,  I would think this would be of interest to you and your readers/viewers.

 

Here’s Ms. Pfister’s earlier email to me:

 

Mr. Wright:

Yes, we are receiving your emails.  As to the systems breakdown, you’ll be getting a more formal response from the City’s Attorney’s Office. 

Regards,

 

Terri L. Pfister, MMC

Spokane City Clerk

808 W. Spokane Falls Blvd.

Spokane, WA  99201-3342

(509) 625-6354

(509) 625-6217 (fax)

tpfister@spokanecity.org

 

The emails that underlay KREM2’s “Cage Fight investigative report were very illuminating in decisions that were made by police administrators and the County Prosecutor’s Office in the Creach OIS. If the City is free to block emails at the whim of City administrators, this begs the question of whether other emails messages within the City have been compromised.

 

Ron Wright

 

[Email sent to the City Clerk]

 

December 15, 2010

 

Terri Pfister
City Clerk
City of Spokane

Re: Blockage of my official emails to the Spokane Police Department

 

Dear Ms. Pfister:

 

I haven’t received any communication yet from the City Attorney’s Office re my emails being blocked as you mentioned in your previous email.  I don’t know if the City Attorney’s Office plans to send a hard copy of their letter of explanation why my emails were being blocked by mail or email.

 

Just in case my updated mailing address is:

 

Ron Wright
8921 N. Indian Trail Rd., PMB 210
Spokane, WA 99208

 

If per chance this letter is in transit and you have access to it could you please email a copy?

 

The more I’ve researched this, it is appearing more likely this was a manual and deliberate action by someone in the City’s MIS Department in response to someone in a City leadership position.  The action taken was to set my email address, nar9350@gmail.com, as spam at the City email server level within the Baracuda email management software program.  Since my emails have since been released to their intended recipients, this would indicate that my messages were quarantined at the City’s email server level. Further no bounce messages were sent indicating my emails were not being received.  This is further indicative this was not an automatic action of this software program but required a manual intervention to accomplish this end result.

 

From responses by you and others to my test messages, this blockage was probably limited to SPD related IP email related addresses.  As I said before I believe this was an artifact of an earlier directive by Chief Kirkpatrick to ban Larry Shook’s emails.  MIS Director Grav Brakel at Chief Kirkpatrick’s request apparently banned Mr. Shook from all City email addresses which he subsequently discovered.  Mr. Shook complained and the situation was corrected or at least that’s what we thought.  It appears these emails blocks at least for me were still in effect at the SPD level.

 

Here’s the responses I received from Jennifer Quick, police records specialist, who I was doing official business with regarding the Creach OIS case which was investigated by SPD.  I’m assisting the Scott Creach family in securing information on this tragic incident for all involved. I should disclose I have not been officially retained by them.  I am doing this free of charge with the exception of reimbursement for fees I incur.

 

When I spoke with Ms. Quick on Friday (12-10-10) she checked her local spam box and did not find my emails.  This is indicative of the email block being much higher at the email server level:

 

From: Quick, Jennifer <jquick@spokanepolice.org>
Date: Mon, Dec 13, 2010 at 2:32 PM
Subject: RE: e-mails
To: detronwright.retired@gmail.com

 

I have been informed that your old e-mail is being captured in the Barracuda spam filter [My emphasis]; you should be receiving a letter concerning this. Please continue to use the new e-mail.  Also, they were able to retrieve and forward the e-mails you sent prior.  I have them now.  Thank you, [My emphasis]

 

J. Quick

Records Specialist

Spokane SO/PD

 

From: Quick, Jennifer
Sent: Monday, December 13, 2010 1:21 PM
To:detronwright.retired@gmail.com
Cc:nar9350@gmail.com
Subject: e-mails

 

Good Afternoon,

 

Sorry my e-mail reply does not seem to be working for me.  To answer your question the e-mail I received this morning was from the detronwright.retired@gmail.com address.  I also just got the one asking me to tell you which addresses I received your e-mails from and that e-mail is from your nar9350@gmail.com account. 

 

J. Quick

Records Specialist

Spokane SO/PD

 

Ms. Pfister as the person in charge of maintaining the official records of the City of Spokane, I’m sure you recognize the seriousness of this incident.  Whether benign or deliberate the effect of this email blockage is to distort and or manipulate the official record and subsequent discovery via subsequent PDRs.

 

As I said before the City’s record on transparency as required by the public disclosure law is not stellar.


In fact in the RPS Bond Frauds it’s quite apparent the City Attorney’s Office was willing to run the risk of being fined for violating this law.  The City was indeed later fined in the Connor/Shook case.  The irony is that it was WE THE TAXPAYERS that paid for this violation.  Those culpable never personally suffered any direct consequences.

 

Ms. Pfister I would expect you immediately act to preserve the computer forensic record of these MIS administrative system actions within the City’s email server and all emails related to them to identify by terminal and operator ID those responsible for this blockage.  Consider this an official notice of a PDR for this information.  I will be sending the appropriate PDR form later today.

 

Further I would expect no harm will come to Ms. Quick re her frankness in her emails to me as she was just doing her job as I would expect her to do.

 

Thank you for your assistance,

 

Det. Ron Wright (Retired)

 

UPDATE I:

 

[Email received from Asst. City Atty Pat Dalton]

 

December 15, 2010

 

Det. Ron Wright, Retired

 

Re:  Your e-mails

 

Dear Detective Wright:

 

I have been asked to communicate with you about your recent e-mails concerning a public records request relating to Spokane Police Department records.    The reason that SPD did not receive your e-mails is because the City’s spam filter recognized your e mail address (nar9350@gmail.com) and moved your e-mails into a separate spam folder.  Any e-mail from your “nar9350@gmail.com” address goes into the spam folder because of the volume, number of recipients and amount of e-mails received from that address.  Our public records officer regularly reviews the e-mails in the spam folder to try to catch public records requests.  Although the spam folder was being monitored, unfortunately, there was an unintentional lapse in transmitting those e-mails from you to SPD.  As soon as both you and the SPD contacted us, we corrected the problem by forwarding the emails to SPD. 

 

I believe that you have already discovered the “fix” to this problem:  you are communicating with us using a new e-mail address (detronwright.retired@gmail.com).   If you will continue to use your new address, and limit the number of recipients, it is less likely your emails will be filtered into the spam folder, and you and the City can continue to communicate about your public records requests.

 

It is our firm desire to give the fullest assistance to you and to timely respond to all public records requests we receive from you and all other members of the public.  In your specific instance, I believe that we will be able to provide you with the most complete timely service on your public records requests if you continue to use your new address and communicate directly with either SPD Records personnel or the City’s Public Records Officer about your public records requests.  We believe that using e-mail to request public records is generally appropriate, but it is important to realize that it is time consuming and onerous for us to adequately monitor e-mails from you that are caught by our spam filter.  Because of that, we ask that you continue to use your new e-mail address.

 

Thank you,

 

Pat Dalton, Assistant City Attorney

 

UPDATE II:

 

[My email response to Mayor Verner demanding an immediate investigation]

 

December 16, 2010

 

Mayor Verner and Councilmembers

Re:  Complaint re email blockage by Spokane PD

 

Dear Mayor and Councilmembers:

 

Please see the attached email I sent to City Clerk Terri Pfister re my emails from my nar9350@gmail.com being blocked as spam. I won’t go into specific detail here but I believe this was intentional and deliberate.  I don’t believe this was a benign automatic function of the City’s email firewall program.  From my research I believe this selective blocking of my email required a manual action within the City’s Baracuda firewall program at the administrative server level by the MIS Department .  Such an action normally would require someone with root level admin access/privileges to initiate such a software preference setting.

 

Asst. City Attorney Pat Dalton’s email regarding this issue is disingenuous at best (See attached). I filed my PDR directly with the City Clerk after confering with Ms. Pfister.  My PDR was routed to SPD to handle.  My emails to Ms. Quick were in reply to questions she posed in hard copy letters re my PDR.  I sent two emails, 11-26-10 and 12-07-10.  After not hearing from her I called her on 12-10-10 at which time the blockage of my emails was discovered.

 

I notified City Clerk Terri Pfister in my email it is her duty/responsibility to preserve the forensic computer records re this matter.  I further filed a PDR for this information to identify by terminal and operator code the person responsible for these actions.  This should reveal whether this was intentional or not.  I have knowledge of the previous action by Chief Kirkpatrick to block emails from Larry Shook.  Chief Kirkpatrick contacted Grav Brakel, the MIS director, to block Shook’s emails.  As I understand it, this block was global across all City’s email addresses.  This block was later rescinded or at least that’s what we thought after Mr. Shook lodge a complaint with Mr. Brakel.

 

I am assisting the Creach family in obtaining information relative to the Creach OIS investigation that was conducted by SPD pursuant to the critical incident protocol. It was during this research that I discovered my emails were selectively being blocked/filtered/quarantined to SPD internal IP/email addresses.  I have further learned that my messages to SPD addresses that were cc’d to other City addresses including Councilmembers were not received.  Only when my messages were unquarantined on Monday, did these messages go through to their intended recipients.

This is very chilling as I addressed in my email to Ms. Pfister. 
The effect is that the official record is being distorted, manipulated and or concealed from elected representatives and citizens.

As I wrote Ms. Quick [sic Pfister] earlier today:

 

Further I would expect no harm will come to Ms. Quick re her frankness in her emails to me as she was just doing her job as I would expect her to do.

 

I’m currently preparing a letter to the Mayor and City Council on this chilling revelation. 


For the record to all recipients of this email, both former Sheriff Bamonte and I have separate pending complaints with SPD OPO Tim Burns alleging malfeasance in office by Chief Kirkpatrick.  Sheriff Bamonte and I are both continuing to compile an evidenciary record to substantiate our complaints.  The interference/manipulation/quarantining of our emails could be construed as specific intent to alter the official record to conceal evidence of our charges.

 

Mayor Verner and Councilmembers I demand that an immediate investigation be launched re this matter to identify if this was simply a benign effect/artifact of the City’s firewall program or if it required a manual action.  If this was a manual action – by whom and who authorized it.  Because this potentially involves senior level MIS officials, this investigation be managed/conducted by an outside computer forensics expert.  I am officially requesting a copy of that report/findings. And lastly that my email address nar9350@gmail.com be unblocked.

 

Thank you in advance for your expeditious consideration and action in this matter.

 

Sincerely,

 

Det. Ron Wright (Retired)

 

December 9th, 2010

Spokane, WA – AMR billing fraud, Officer Involved Shootings et al

 SCROLL FOR UPDATES:

I attended a meeting of Spokane Area bloggers that are a community under the umbrella of Launchpad INW. I just posted this comment in their discussion thread:

I moved to Spokane for its many fine amenities/attributes.  The only downside is it’s company town nature that is an impediment to real growth of existing and new businesses that will increase the prevailing wage base for all citizens.

With the advent of the new/alternative/social media, such as this forum, the information and thought of the day can no longer be restrained/filtered.  Once informed the citizens of Spokane can hold their elected/appointed officials accountable for their less than stellar performance to truly make this an All American City.

The recently settled multi-million dollar AMR billing fraud class action suit is just one example of the waste and fraud at the expense of the Spokane taxpayers/citizens.  Former Sheriff Tony Bamonte of Breaking Blue fame was one of the plaintiffs that stuck with this for some five years after the City failed to act in a reasonable manner on behalf of its citizens.

Read Tim Connor’s article at the Center for Justice’s website:

Scandal on Wheels

Published on December 4, 2010

AMR to pay nearly $2 million to settle class-action claims.

Of course the recent spate of officer involved shootings (OIS) should be of concern to all Spokane residents.  My biases definitely lie with the police rank and file. Some of these shootings have the element of suicide by cop.  Having said this, it’s very important that these OIS investigations are A+ level work product.  Not only whether these OISs were criminally justified or not but from the internal affairs aspect, were they within police policy, procedure and practice.  The internal affairs investigation/review  (IA) is a critical aspect of these investigations to determine if policy/procedure/training are in need of changing to prevent or lessen the occurrence of similar events in the future. And lastly, to minimize the financial risk in subsequent civil actions.  Local law enforcement has been less than transparent in this regard and the community is beginning to question whether these investigation are A+ level work.

For those interested in aspects of Spokane politics/government that are seldom reported by our local media for various reasons, I would highly recommend f the work of Larry Shook.  Larry Shook is an award winning investigative reporter and former publisher of Spokane Magazine.  Larry doesn’t post on a regular basis to his blog but what he does post is thoroughly sourced/researched with linked references:

www.larryshook.com

Of course I will do a shout out for my blog that I post to on an infrequent basis.

www.ronthecop.com

I’m an old shop worn gum shoe that retired to Spokane that perhaps has too much time on his hands.  My sig other would really like to see me gainfully employed.  Hopefully I will be challenged by membership in this group to post more regularly.  Gee I may even make this a post:-)

UPDATE I:

I posted this additional comment in reply to another poster:

Thx Tom,

This aspect of the social networking/media is what Clay Sharky led with his book, Here Comes Everybody.  It was this sharing of information between members of the Boston Area Catholic Churches that broke the back of the decades old dirty little secret of pedophilia by priests.  The Church up until that point had been successful in compartmentalizing the flow of information that concealed the extent and subsequent cover up of these crimes.

UPDATE II:

A related bit from a comment on my FB page by Bob Apple a member of the Spokane City Council:

Bob Apple replied to my FB post and snipe re snow removal in Spokane:

“…The S-R article threads offer a useful debate site for substantive discussions that so far our political leaders have ignored and buried their heads in the sand while debating extensively the esoteric sustainability issues of our world, bike lanes, and dithering on how to best remove the snow in a timely manner as if it’s a surprise that it snows in Spokane.”

Bob Apple commented on your link.

“I’d like to review officer involved shootings but none of the final reports are ever provided and not because they haven’t been asked for. Apparently our City Administrators would only like us to talk about bike lanes and snow removal issues and really disregard anything having to do with labor issues. Problem is even snow removal has become a labor issue and were labor claims its barganing unit employees should be doing snow removal and our City officials can’t contract out work with private sector conracts and now apparently your City Council is, nolonger able to even hear about it. It all boils bown to the Mayor we have as expressed in City Charter and in determining who really runs our City?”

October 18th, 2010

Steve Tucker for Spokane County Prosecutor – A mockery of justice

SCROLL FOR UPDATES:

BREAKING – Dave Stevens a candidate for Spokane County Prosecutor who was eliminated in the primary is not supporting Tucker as has been reported by the S-R.  In fact Stevens cast his vote for Frank Malone.  See the information below.

To All:

Regular readers here know my opinion of Steve Tucker.   As you mark your ballot in this important election you should take the time to scan through these S-R article discussion threads on Tucker.  If you have concerns regarding police misconduct and questionable police shootings/deaths in Spokane then DON”T VOTE for Steve Tucker.

You have the power to change the status quo in Spokane.

Here are some of my posts in these S-R threads as to why I’m NOT VOTING for Tucker.  I challenged both Dave Stevens and Chris Bugbee why they are supporting Tucker:

I for one will not vote for Tucker.  [Note: Slight editing to correct a couple of typos}

I know both Dave and Chris are supporting Tucker.  Gee guys Tucker is toxic for the local LE community.  How many more of these police shootings do we need.  While some may be marginally justified the investigations both criminally/administratively have sucked.  The County Prosecutor could take the lead in demanding transparency and competent investigations but Tucker’s been MIA.  Gee he’s even announced he can’t make a decision before the election on the Creach case and won’t give a decent explanation why.

Why you continue to support him is beyond me.  This transcends party affiliation.  Is it the water that makes you all brain dead?  Sorry I’m venting but Tucker in my opinion covered up a good manslaughter case.  Either because he’s incompetent, inept, there was money changing hands, he did what was expected of the ongoing criminal enterprise in this company town and or he simply did not want to rock the boat of the power elite.

Dave Stevens replied with this email:

On Sun, Oct 17, 2010 at 4:06 PM, David Stevens <david_stevens@davidstevens.org> wrote:

I am not supporting Tucker. Don’t know where the paper got that.

Dave posted this on his FaceBook page:

 

David Stevens Just filled out my ballot and voted for Frank. Voting for a “D” never felt so good.

Larry Shook commented (larryshook.com ) re this development:

Thanks, Ron. I look forward to the clarification, too. Based on Mr. Stevens’s statement, it would seem that the S-R needs to issue a correction and to report accurately on Mr. Stevens’s position. Best, Larry

I’m anxiously waiting on the S-R’s  clarification/correction of Stevens’ support BEFORE THE ELECTION.  The ballots have been dropped.  The S-R’s readers need to be informed.

*****

[Note:  I’m cut/pasting the actual comments.  Some of the embedded links won’t work because the S-R truncates the full URLs.  If it’s a tiny URL it will probably work.  If the link has been truncated click on the S-R’s server time/date stamp to go to the original post or just click on the article titles and scroll down to the comments.  The embedded links will work from the original.  So far the S-R has not scrubbed my comments.  If they do I will post the originals with links that will work]

My RICO report I cite in these comments is online here:

http://tinyurl.com/ykemtqr

The accompany Table of Evidence can be found here:

http://tinyurl.com/ybgkjqe

Here are the two recent S-R articles on Tucker that you should read:

Tucker faces toughest challenge

[By Tom Clouse]

Decision on Creach shooting charges unlikely before election

[By Tom Clouse]

*****

My selected comments

  •  

    Ron_the_Cop on October 16 at 10:33 a.m.

    Chicken Little here,

    Look folks I’m a retired 35-year law enforcement professional from that unmentionable state to the south. I came here for this region’s many fine attributes and amenities. The local political environment was not one of them. I’ve worked 1000s of criminal cases from investigation, criminal filing, and deposition in court. I worked very closely with our district attorney’s office (prosecutor here) in doing so. I’m currently an adjunct instructor at a local institution and have taught forensics and crime scene investigation, community oriented policing, and controversial issues in law enforcement.

    If folks want real change in the law enforcement community in Spokane then we need a real prosecutor that will take a leadership role in the LE community. If you like the status quo then return Tucker to office.

    In my professional opinion Tucker should have been criminally prosecuted for rendering criminal assistance to an ongoing criminal enterprise (As defined in the federal RICO Act) that freely operates here in Spokane. This enterprise operates like a river leech that sucks the life’s blood out of Spokane. Perhaps it takes an outsider to recognize this. You know the old saying about a frog in a pot of water brought slowly to a boil.

    I will stand by my professional opinion that the homicide death of Jo Ellen Savage in the RPS Parking Garage owned by the leaders of Spokane’s power elite was a First-Degree Manslaughter under WA criminal law. What was lacking is that NO LAW ENFORCEMENT AGENCY whether it be city, county, state or federal was willing to do was a complete and thorough criminal investigation.

    Such a criminal investigation would have followed the evidence uncovered in the Savage civil wrongful death case wherever it would have led to its logical conclusion. No federal grand jury ever reviewed or heard testimony regarding the details of Savage case as it relates to violating negligent homicide under WA criminal law. The only involvement of a grand jury was the issuance of several subpoenas to get the Savage civil case information/materials. Don’t be misled by published reports, press releases and statements of public officials to the contrary.

    Once the US Attorney’s Office gave it’s information/evidence in the Savage case to Tucker to review under existing state law, TUCKER DID NOTHING. Tucker did not compel a complete and thorough investigation be done. If you don’t ask the probative questions of those involved and or complicit in the crime OF COURSE YOU WILL HAVE INSUFFICIENT evidence to file. Tucker’s decision not to file criminal charges in this case was a COVER UP whether by his ineptness, incompetence, by design and or by deferring to or not wanting to challenge this criminal enterprise.

    Spokane citizens have a real choice in this election. It is quite clear that no one else or any governmental entity is capable or willing to bring that change. It’s only WE THE PEOPLE who can hold our elected/appointed accountable for their actions.

    I will not be voting for Steve Tucker.

    People may dismiss what I say and call me a chicken little if you wish but I will stand by my convictions and opinions based on my professional experience, education, training and experience as a top flight criminal investigator. Folks are free to view my professional vitae online here. I will match my experience and training with anyone anytime:

    http://tinyurl.com/265r62g

    More to follow why continuing with why the status quo is detrimental to everyone in Spokane.

    Det. Ron Wright (Retired)
    Riverside PD, CA

  •  

    Ron_the_Cop on October 16 at 11:07 a.m.

    More from chicken little,

    Read quickly because what I’m about to say may vanish in the blink of any eye. Fortunately now with the Internet it can be scrubbed here but it can’t be permanently erased.

    Here’s why continuing with the status quo is detrimental to everyone in Spokane with the reelection of Tucker. The operation of this criminal enterprise suppresses the prevailing wage base and the normal economic growth of this community that would otherwise be growing rapidly from its many fine attributes and amenities.

    As I detailed in a previous piece and will summarize here the S-R is nothing more than an instrumentality of the Cowles Co’s ongoing criminal enterprise to cover its own criminal activity. This is done by it’s active self-censorship of stories and censorship of comments in S-R blogs where the business interests of the Cowleses are involved. This information would be highly detrimental to the owners that would otherwise inform the public. The public once alerted, educated and informed would hold their elected/appointed officials accountable for their criminal acts who have been systemically co-opted/corrupted by this ongoing criminal conspiracy.

    The Cowles Co through intimidation and unfair business practices controls the flow of adverse information in other media it doesn’t own. When this is not successful, it silences reporters or other voices cutting too close to the bone by squelching them through a series of unfair subtle business practices and/or by violating the fundamental regulatory scheme of the Federal Trade Commission and the FCC.

    In my opinion a compelling FTC antitrust case can be made regarding a clear pattern and practice of unfair business practices carried out over many years by the Cowles Co et al that has given it an unfair competitive advantage over other businesses both new or established in the Spokane Regional Market. There are high costs associated for those who would choose to challenge the Cowles Co market domination. New businesses are similarly deterred from locating here because of “the company town” nature of Spokane. This is nothing more than organized crime that must not be tolerated and must be eliminated.

    I would encourage all to read my findings/conclusion in my RICO report. Especially read my Savage Case findings, Evidence Item RW26 and the addendum including the explosive statement of WA Asst. Attorney General Scott Marlow who reviewed Tucker’s case materials. What Marlow said to David Savage (Prominent attorney and former husband of Jo Savage, was corroborated by in another phone conversation with Spokane County Commissioner Bonnie Mager.

    [Continued]

    Flag as inappropriate

    Ron_the_Cop on October 16 at 11:07 a.m.

    [Continued from above]

    From my conclusion in my RICO report:

    I find it detestable and contemptuous that my colleagues in the law enforcement/prosecutorial community at all levels have failed to perform their sworn duties on behalf have the public especially with regard to the Savage manslaughter case. . .

    In conclusion in my 35-year career as a criminal investigator, this is certainly one of the most blatantly criminal enterprises I have ever encountered. It’s hard to find words to adequately describe it.

    The people have been repeatedly victimized by this criminal enterprise ⎯ this is organized crime. Organized crime cannot be appeased but must be destroyed because of its corrosive impact on government. The citizens of Spokane and the family of Jo Savage have a fundamental right to ensure that justice is served when their political/ governmental law enforcement bodies and decision makers because of their systemic co-option/ corruption can’t or won’t act to protect them from criminal victimization and from imminent public hazards.

    In our legal system the law is of, for and by the People – NO ONE IS ABOVE THE LAW.

    I’m not voting for Steve Tucker. Tucker for whatever reason covered up the death of Jo Ellen Savage. It could have been anyone of us or our loved ones that fell to their horrible death that day through no fault of their own. This was a ticking time bomb and the owners knew it for fifteen years running but for economic reasons chose to DO NOTHING and rolled the dice. Our City leaders also refuse to order an immediate inspection of this garage to determine if its safe for continued public occupancy and whether the retrofit, as built, met the City’s engineering standards. Our City leaders are willing to continue to roll the dice.

    You decide if you wish to return Tucker to office. You HAVE THE POWER to make a change.

    Det. Ron Wright (Retired)

  •  

    Ron_the_Cop on October 17 at 11:08 a.m.

    Please excuse the length of this post as this contains original information that so far the S-R has failed to report even though it’s reporters have had this information.

    OK here’s some hard evidence re the complicity of Tucker in the cover up of the Jo Ellen Savage homicide. Tucker makes the point that this case was reviewed by a number of LE entities who all came to the same conclusion that there was insufficient evidence to a criminal filing.

    This is a blatant misrepresentation of the facts.

    First SPD wrote only an accidental death/traffic accident report which at most was thirty pages. Chief Kirkpatrick ducked the issue when former Sheriff Tony Bamonte filed a formal criminal complaint that Savage’s death was a first-degree manslaughter.

    Chief Kirkpatrick handed this case off to the FBI who accepted it even though there is no real federal nexus and or jurisdiction for what is largely a state negligent homicide/manslaughter case.

    The FBI took it only because the US Attorney’s Office had undertaken a review of the RPD Bond Fraud cases. I won’t go into detail here but had they pursued this as a criminal RICO case, the manslaughter could have been investigated as an unindicted state offense as one of the predicate offenses required to show the existence of a criminal enterprise.

    The FBI and the US Attorney’s Office ran the state statute of limitations clock down for a year. Asst. US Attorney Robert Westinghouse in his press conference said they could not meet their burden in the fraud case because of a number of reasons including the general five-year federal statute of limitations. Had they considered this as a criminal RICO case the statue of limitations would have been ten years from the last act.

    US Asst. Attorney Westinghouse did say they had received evidence in the Savage death that needed further review under existing state law involving negligent homicide. He further stated they had no jurisidication and were turning their information over to Steve Tucker for further review. I was at this press conference and chastised Westinghouse at the time for this decision to give this to Tucker as they knew the local political environment. Westinghouse said they had no information that Tucker couldn’t due the investigation and review.

    As I said above Tucker DID NOTHING once he received the information from the US Attorney’s Office other than review the boxes of documents. I have personal knowledge that key witnesses that should have been interviewed by criminal investigators and/or a grand jury were never contacted/testified.

    All that Tucker did was send his limited information to the WA State Attorney General’s Office for an advisory opinion. Tucker severely limited their review by retaining the final filing decision. The AG’s Office couldn’t initiate it’s own independent investigation. As I said above at this point there was never done a complete and thorough criminal investigation. How you can make a filing decision without such an investigation to review is beyond me.

    Asst. AG Scott Marlow in as much said so in his advisory letter to Tucker. Mind you Tucker just cherry picked the last paragraph in of Marlow’s letter and included it in his press release (See Evidence Item RW 20 in the Table of Evidence http://tinyurl.com/ybgkjqe ). Here’s the actual Marlow letter that I received by filing a PDR with the AG’s Office (See RW 17 ). The first page and a half of this letter is chocked full of caveats regarding the AG’s review. If you read between the lines – what Marlow is saying is that Tucker gave them crap at the last minute and tied their hands.

    [Continued]

    Flag as inappropriate

  •  

    Ron_the_Cop on October 17 at 11:21 a.m.

    [Continued from above]

    But more importantly Marlow called David Savage shortly before sending his letter to Tucker. David Savage is a prominent personal injury attorney and former president of the WA State Bar Association. His current wife is a former senior assistant WA AG and currently is the general counsel of WSU. Both are no slouches in the world of criminal law and believe the facts and circumstances of the death of Savage were criminal that necessitated a complete and thorough independent criminal investigation (See my Savage case file RW 26).

    Marlow told David Savage the AG’s Office was providing political cover for Tucker. David Savage wrote a memo to his file documenting this phone call. Brunt wrote a story on this memo. It’s apparent that Marlow was put on ice by the AG’s Office and Brunt didn’t try to get a comment from Marlow directly. The AG’s Office has attempted to imply that David Savage misinterpreted what Marlow had said:

    http://www.spokesman.com/stories/2010…

    Here are some excerpts from this Marlow/Savage memo:

    [Marlow] I am not sure why the system has not worked well here and I appreciate that this adds to this tragedy for you and your family

    The AG’s office only received a request to review the materials supplied to us.

    We were not given adequate time nor a well-developed file and I am mindful that the statue is about to run against a criminal prosecution for manslaughter.

    I am not proud of the position we (the Attorney General’s Office) have been put in.

    There is additional information we should have been provided (I [Savage] volunteered to provide him with more information but he decline implying that he charge was limited to the materials provided by Tucker.)

    This matter needed a more thorough review and robust development … I do not understand why this matter has not been better handled

    He said I regard this as “an effort at political cover.”

    Here’s the full memo that David Savage wrote to himself immediately after this phone call with Marlow:

    http://tinyurl.com/23rhw2m

    AG Rob McKenna [Note: Fitzsimmons’ interview KXLY 03-10-10 this link will work] tried to blow this off too that this simply was a distraught former husband and who misunderstood what Marlow said. No media has followed up with Marlow to confirm firsthand. Why?

    OK this could play as a “he said – she said” however Spokane County Commissioner Bonnie Mager had a later phone call with Marlow and Marlow said essentially the same thing to her as he told David Savage. Mager confirmed this in an email to me. The S-R has also had Mager’s email but has not done a follow up story. Why?

    From: Bonnie Mager <bonnie@votebonniemager.com>
    Date: Mon, Jun 14, 2010 at 11:40 PM
    Subject: Re: Demand for immediate correction – Spokane County Press Release April 3, 2009 – Co Prosecutor Tucker’s announcing no criminal filing in RPS Garage Accident
    To: Ron Wright <nar9350@gmail.com>

    Yes, I know Marlow was not happy about the bind they put the Ag’s office in–he as much as said so to me on the phone when I called.

    I posting this for all to see re the decision making and work product of Tucker. If you want positive change in the culture of the local LE community don’t return Tucker to office. Tucker has failed in his sworn oath to WE THE PEOPLE to do the job we empowered him to do.

    I will NOT VOTE for Steve Tucker. The choice is yours. You have he POWER to bring real change.

    Det. Ron Wright (Retired)

UPDATE I:

S-R runs story in S-R’s political blog Spin Control:

GOP vice chairman voted for Democrat Malone for prosecutor

Ok the headline is a little bit of slam against Dave’s vote but read my comments in this thread.  This race transcends normal party politics.

Perhaps Larry Shook’s challenge to S-R City Editor Addy Hatch was taken to heart:

Ms. Hatch:

You have been provided evidence that your newspaper made a reporting error concerning an endorsement of Spokane County Prosecutor Steve Tucker. As you know, this is a serious matter, because Mr. Tucker has been accused of covering up a crime involving your employers. (Please see “America’s Most Dangerous Cop” at www.larryshook.com and “Deathtrap” at www.girlfromhotsprings.com.)

The professional thing for you to do is take action in order to determine whether a correction is in order. I’m afraid I don’t understand your indifference to this concern. Your lack of due diligence in this matter could be construed as adding weight to the concern of both retired Det. Ron Wright and former Sheriff Tony Bamonte that The Spokesman-Review serves as an instrument of Cowles family criminal activities. Let me note that if you, or any of your colleagues, document that any of my reporting is in error I will take prompt action to correct the mistake and thank you for bringing it to my attention.

Sincerely,

Larry Shook

UPDATE II:

S-R runs story of Stevens voting for Malone for Co Prosecutor [Print version]

S-R runs the story of Stevens voting for Malone on Page A6 in the “In Brief” column.  OK I thought this story was worthy of better positioning perhaps the local page above the fold because of the importance of this election to the voters of Spokane.  Those who voted for Stevens, Bugbee and or possibly Reierson split the vote allowing Tucker to survive the primary.  These voters were essentially voting NO on Tucker.

It will be those voters who voted for Stevens and Bugbee who will decide this race.  If a substantial number cast their votes for Malone, Malone will win.  Hence the significance/importance of Stevens casting his vote for Malone becoming known to potential voters.  Bugbee’s still riding the fence.  Stevens did what was right for the people of Spokane.

Oh well as I’m told this is typical MO of the S-R from a person who has studied the S-R for many years:

Bomb disposal. It’s the S-R equivalent of sending out the EOD (explosive ordnance demolition) guys.

I’ll take what I can get.I thought this was a fascinating study in the power of the new/alternative media to scoop a story, publish it online before the subsequent print version appeared, nudge the MSM to objectively report on a factual error in a previously published article and once it hit the MSM’s blogs and print edition to post in it’s comment threads the real context of the story.

Bottom line the new/alternative media has the power to force a better news product of the MSM that has become lazy and paternalistic in what goes for the news of the day.  This is a key aspect of why the MSM’s business paradigm is going in the tank.

Stevens says he voted for Malone

The Spokesman-Review

Tags: 2010 election 2010 Spokane County prosecutor Dave Stevens Frank Malone steve tucker

Dave Stevens, a Republican who lost his bid this summer for Spokane County prosecutor to incumbent Republican Steve Tucker and Democrat Frank Malone, said Wednesday that he cast his vote for Malone in the Nov. 2 election.

The vote is a reversal from where Stevens stood after the primary, when he said he supported Tucker because he didn’t think Malone had the necessary experience for the job. Stevens, who worked under Tucker until Tucker fired him after he announced his candidacy, said he changed his mind after talking to Malone on the phone.

He said Malone assured him that he wouldn’t shake up the staff of deputy prosecuting attorneys.

Stevens is the vice chairman of the Spokane County Republican Party. Stevens said he did not consider his openness about how he voted as an endorsement.

“I get to vote for anyone I want, just like anybody else,” he said.

Ron_the_Cop on October 21 at 8:30 a.m.

Thanks S-R for finally reporting this story albeit the placement could have been better considering the importance of this race to the citizens of Spokane.

For those interested in reading more re the discussion thread at S-R’s Spin Control where this article first appeared yesterday.

Here’s an excerpt from my comment:

Thanks Mr. Brunt and Mr. Camden for correcting the record in this important and tight political race.

This race transcends normal partisan politics. Dave is very courageous in his vote for Malone. Dave’s vote is very telling. No Republican should fault or take issue with Dave over his vote. This isn’t about sour grapes on Dave’s part either. There are real reasons that are nonpartisan why Tucker should not be returned to office. Read my blog post below.

I have a very dyed in the wool conservative LE colleague too that confessed he did not vote for Tucker. Even the County Republican Party hasn’t endorse Tucker! Why do you suppose?

Also Tucker’s radio/printed ads claiming support of Sheriff Knezovich are false. All should read the previous S-R articles on Knezovich’s statement of “support” for the candidates in this race. Here’s my post on an email that Sheriff Knezovich sent to me clarifying his support:

“I have not endorsed anyone for any office” [Emphasis added].

http://tinyurl.com/2at6g2h

August 4th, 2010

Prosecutor Steve Tucker on Fitzsimmons Radio Show – Still claiming “support” of AG McKenna & Sheriff Knezovich


Spokane Prosecutor Steve Tucker just concluded his interview on the Mike Fitzsimmons Radio Show.  Tucker is still claiming the support of WA Attorney General Rob McKenna and Sheriff Ozzie Knezovich – support vs. endorsement?  I challenged Tucker on the air that this perhaps misleading the voters.  It kind of like being half pregnant.

I also challenged him on the Jo Ellen homicide case as to why Tucker didn’t compel a complete and thorough criminal investigation be done by the either the Spokane PD, the Sheriff or the WA State Patrol after he received the material from the US Attorney Office into the Jo Ellen Savage homicide case before he made his decision that there was “insufficient evidence” to file criminal charges.

Here’s the audio of this interview – you decide what the truth is:

http://www.wikiupload.com/tqixusAR

August 3rd, 2010

BREAKING – Former Sheriff Bamonte supports Stevens for Co Prosecutor

Former Sheriff Bamonte and I met with Dave Stevens a candidate for Spokane Co Prosecutor for three hours on Sunday. We have carefully evaluated all of the candidates for Spokane County Prosecutor with the exception of Steve Tucker the incumbent. It should be of no surprise that we’re actively campaigning against Tucker. Tucker has pulled another stunt claiming the support of Sheriff Ozzie Knezovich in his new campaign website

www.reelectstevetucker.com

We have chosen to support Dave Stevens as we believe he has the fire in his belly to aggressively prosecute career criminals and to stop the revolving door involving the 72 hour arraignment fiasco that Tucker has not taken a leadership role to resolve with the leaders of the criminal justice system.

You can listen to the candidate interviews at the preceding post. Please see Dave Stevens’ website and support his candidacy if you agree with Sheriff Bamonte’s and my opinion:http://www.electdavestevens.com/Here’s Dave’s Facebook page:http://tinyurl.com/232zd5vIf you’re having difficulty filling out your primary ballot. Here’s who Ron IS NOT VOTING for:US Senator Patty Murray NO – Likely to vote for either Dino Rossi or Chris DidierLaurel Siddoway NO – Court of Appeals – I’m supporting Harvey Dunham

Legislative District 6 – Likely to vote for Michael Baumgartner

State Representative Pos 2 – Likely to vote for John Ahern

Assessor Ralph Baker NO – Likely to vote for Vickie Horton or Gina McKenzie

[Note:  If you’re undecided watch KREM2 News on Thursday between 5PM and 6PM for an investigative report on the Assessor’s Office.  Also read the Inlander for another investigative piece soon on the Assessor’s Office.  You decide what the truth is and make an informed vote]

County Commissioner – NOT VOTING for Al French. May vote for incumbent Bonnie Mager or one of the other Reps in the race.

Det. Ron Wright (Retired)