The following is the text of a citizen's complaint against the Chief Lieutenant Wade, who was responsible for supervising Mr. Peterson as he conducted his "investigation".
This note was sent via e-mail to Mr. Widmer with a cc to Mr. Danielson and Mr. Widmer's colleagues on the City Council:
+++++++++++++++++++++++++++++++++++++
Dear Mr. Widmer:
Thank you for your note directing me to send all correspondence to the Town of Atherton e-mail account.
I also thank you for your interest in the concerns I have expressed over the Atherton Police Department. I sense that your interest is genuine. Accordingly, I ask that you consider this note to be a formal request to Interim City Manager John Danielson, Mayor Jim Dobbie, and to you and your colleagues on the Atherton City Council for an independent investigation of my complaint of official misconduct on the part of Police Chief Mike Guerra and Lieutenant Joe Wade.
I hereby allege that Chief Guerra and Lieutenant Wade have denied me the right to a timely, thorough and impartial investigation in response to my citizen's complaints of official misconduct by those under their command and those formerly employed by the Atherton Police Department.
The following are the particulars of my citizen's complaint.
On February 26, 2010 I complained to Chief Guerra that, my detention on the morning of August 29, 2007 constituted an illegal deprivation of my civil rights under color of authority. I named former Chief Robert Brennan in this complaint.
In support of my complaint, I provided Chief Guerra with a copy of an e-mail from Councilman Jerry Carlson dated August 29, 2007. This e-mail provides a contemporaneous account of what happened on the morning of August 29, 2007. As you can see your colleague on the Council expressed concern that the Chief acted improperly. Additionally, Mr. Carlson mentioned Robert Brennan's conduct specifically (not Eric Grimm).
Later in the year I received a redacted copy of Atherton Police Department report 07-484 (also attached). Upon review of this report, it came to my attention that former Atherton Police Sergeant Eric Grimm falsified this report to conceal the Chief's unlawful detention of my person. Sergeant Grimm made it appear as though he was the one who prevented me from leaving the Town parking lot and who demanded my license. Sergeant Grimm made no mention of the fact that the Chief ordered me into my car and to start the ignition.
Eric Grimm also wrote the report in a way to suggest that my presence at Town hall to return Town property constituted trespassing and the intimidation of a witness.
I honestly believe that these two documents when juxtaposed with one another do indeed evidence the falsification of Police Report 07-484. It is clear that Eric Grimm did not act alone. Eric Grimm did not perform a traffic stop. The Chief of Police abused his power. Eric Grimm lied to protect his boss.
During the course of his investigation, Mr. Peterson refused to look into my complaint into the conduct of Chief Brennan and former Sergeant Eric Grim. Mr. Peterson even went so far as to flat out refuse to interview Eric Grimm, Brennan and other involved and uninvolved third parties not currently employed by Atherton.
I consider Mr. Peterson's refusal to interview Brennan, Grim and other material witnesses, as further indications that Mr. Peterson's investigation was a sham.
As a citizen I believe it is perfectly reasonable for me to expect that Atherton Police Officers who are guilty of official misconduct should be held accountable regardless of whether they are still on the force. I also view it as preposterous to accept the notion that Mr. Peterson could conduct a proper investigation without interviewing involved and uninvolved third parties who can refute or corroborate the accounts of those accused, such as Brennan, Nielsen, Clark Yee and Eric Grim who I asked to be interviewed and whom Peterson flat out refused to.
It is for the above reasons that I must ask for an investigation into the conduct of Chief Guerra and Lieutenant Wade. I ask that this investigation to be conducted to ascertain whether Chief Guerra and Lieutenant have effectively denied me the right to a thorough, timely, and impartial investigation.
Finally, I have copied in Mr. Buckheit on this note. I believe Mr. Buckheit's experience is indicative that my experience with Atherton is not an isolated event. I believe, Mr. Buckheit's sham investigation is indicative of a pattern of conduct by Wade and Guerra. I will of course leave it up to Mr. Buckheit as to whether he wants to file a citizen's complaint which is similar to my own.
Thank you very much
John P. Johns, CPA
