https://n2v.almanacnews.com/square/print/2011/04/06/atherton-internal-affairs-investigators-checkered-past


Town Square

Atherton Internal Affairs Investigator's Checkered Past

Original post made by John P Johns, another community, on Apr 6, 2011

Dear Readers

The following is the text of an e-mail transmitted to the City Manager, Mayor and City Council.

As indicated in the note below, Mr. Pete Peterson, the internal affairs investigator whom Chief Guerra selected to investigate my complaint and Dr. Buckheit's complaint was involved in federal civil rights lawsuit against his department. The lawsuit alleged that one of the officers under Mr. Peterson's supervision was guilty of racial profiling. Before the suit, Mr. Peterson had conducted his own investigation and had exonerated the officer.

The plaintiff prevailed in this case which took 4 years to litigate. For those interested the US District Court case number is 4:99-cv-02747-WDB

This raises troubling questions in regards to Chief Guerra's handling of citizen's complaints against his department. Did Chief Guerra choose Peterson in spite of Mr. Peterson's past or because of it?

This is a question that is appropriate for review by the individual whom Mr. Danielson will conduct in response to my citizen's complaint against Guerra and Wade.


+++++++++++++++++++++++++++++++

Dear Mr. Danielson

The purpose of this note is to apprise you of the results of my research into Mr. Pete Peterson's background.

As a result of my research I have learned that while Mr. Peterson was chief of the City of Clayton Police Department, the Clayton Police Department was a defendant in a civil rights lawsuit. The lawsuit alleged that Mr. Peterson's department engaged in racial profiling. Also referred as stopping someone for "driving while black".

The plaintiff, Mr. Samuel Williams prevailed in the case. It should be noted that Mr. Peterson purportedly conducted an internal affairs investigation into the conduct of the officer accused of the 1983 federal civil rights violation and he exonerated the officer. Additionally, as indicated in the court record attached Mr. Peterson issued a declaration in support of the defendant.

It would be an understatement to say that I find the involvement of Mr. Peterson in my citizen's complaint to have been highly inappropriate. After all, one of my complaints was that Chief Brennan violated my civil rights by detaining me without probable cause and that Sergeant Eric Grim lied about this illegal detention in his police report.

I would like to call your attention to the fact that I was able to learn of Mr. Peterson's role in the case of Mr. Samuel Williams through no more than two or three hours of research. Hence it would be reasonable to conclude that Mr. Guerra and Mr. Wade were aware of Mr. Peterson's checkered past and retained him to conduct an investigation of Mr. Peterson anyway (or perhaps they saw Mr. Peterson's complicity in a prior civil rights violation to be an asset).

Thank you for your attention to this matter.

John P. Johns, CPA

Comments

Posted by POGO
a resident of Woodside: other
on Apr 6, 2011 at 12:24 pm

Good points all, Mr. Johns.

I'm equally troubled that Chief Guerra would have selected an ex-police chief to conduct his "independent" investigation. I suppose there were no retired judges available...


Posted by Carla
a resident of another community
on Apr 6, 2011 at 7:33 pm

With this latest revelation Guerra has lost all credibility.


Posted by Wow
a resident of Atherton: other
on Apr 6, 2011 at 10:13 pm

It is REALLY, REALLY HARD to win a federal civil rights lawsuit. The government does not make it easy for citizens to sue it. If Mr. Samuel Williams won his lawsuit, the evidence of police misconduct had to have been very strong, even overwhelming. If that equates to an "exoneration" in Pete Peterson's book, there's something very wrong with how he views police misconduct.


Posted by POGO
a resident of Woodside: other
on Apr 7, 2011 at 12:01 pm

Can a police chief, even an ex-police chief, provide a truly independent review of alleged misconduct by a police officer?

Do you think physicians are able to purge their own ranks of bad doctors? How about lawyers? Teachers? Priests?

This isn't really that difficult. If you want a truly independent investigation, get an independent investigator. Period.


Posted by truth be told
a resident of Atherton: Lindenwood
on Apr 7, 2011 at 12:17 pm

If Guerra says he didn't know about Peterson's past, he's probably lying.

The "driving while black" scandal and Peterson's involvement in this scandal made national news. The link below will take you to a 1999 news article in CNN. You will see that Peterson is mentioned by name as the Chief of the Clayton Police Department.

Web Link

Mr. Samuel William's encounter with the Clayton Police Department is also widely thought to have resulted in legislation banning racial profiling in California. See the link below:

Web Link

One might ask why did the Clayton incident generate such a fury?

The answer is that Mr. Samuel Williams III wasn't your average motorist. He was a hometown hero. He was a high school football star who's played he last seven years in the NFL as a linebacker. See his profile at the link below:

Web Link

The short story here is that the thugs Peterson employed while he was chief of the Clayton Police department, didn't just pick on anybody. Peterson's crew picked on somebody who stood ready and able to fight back. He fought back and won.

Guerra, by trying to use Peterson to cover for the thugs he supervises now confronts a similar fate. Those who have suffered abuses of their civil rights at the hands of the Atherton Police Department have only begun to fight.

It is going to be a long, hot summer for Guerra if he chooses to stick around.


Posted by POGO
a resident of Woodside: other
on Apr 7, 2011 at 12:30 pm

It should be a long, hot summer for Atherton's TOWN COUNCIL if they keep acting like ostriches.


Posted by R.Gordon
a resident of another community
on Apr 7, 2011 at 5:36 pm

NOT the ex-Supervisor.
A wonderful bit of work Mr. Johns, who I find to be the most credible person who has had to go through a major bunch or life setbacks because of the political mess and participants this very corrupt area has endured and how money and greed along with a lot of ambition, have all been the reasons for the b.s.dialogues which I have made as public as I can.
It is still John P.Johns who has been a total gentleman and a very patient man.
Thank you and I have another surprise which will be of help to you and the rest of San Mateo County.


Posted by Thomas
a resident of Menlo Park: Sharon Heights
on Apr 7, 2011 at 7:54 pm

As I have stated on a previous thread, I certainly hope that Mr. Danielson is investigating alleged police misconduct as a result of Mr. Buckheit's lawsuit and not on the basis of Mr. Johns citizen's complaint that took three years to file and year after his case was settled.

While I feel there is some legitimacy to Mr. Buckheit's lawsuit based on his rights to due process, I have found many inconsistencies in Mr. Johns postings on this forum on several topics and have cited examples that substantiate my point as well as offer proof that he speaks out of both sides of his mouth. One such example was his high praise of Jerry Carlson as "both a friend and mentor" to his later post in which he stated "somewhere along the way Mr. Carlson seems to have lost his moral compass". There is another where he offers his praise of Kathy McKeithen but subsequently revoked that in another posting when she felt his rehiring by the town was problematic.

Perhaps he can explain to us his high praise of Chief Guerra in his April 10, 2010 posting in the article titled "Councilwoman Scuffles with Resident Over Report" in which he stated, "Finally I know one thing to be true. I know Mike Guerra is a stand up guy. I have made inquiries to long time Atherton employees". Only a year ago, Chief Guerra was a stand up guy after Mr. Johns had made inquiries with long time Atherton employees.

Mr. Johns would like to argue that "anonymous postings should be taken with a grain of salt" to try and deflect his inconsistencies which I point out by citing examples. Mr. Johns offered to have Mr. Buckheit drop his lawsuit were he to gain another position with the town. Mr. Johns offered to drop his criminal complaint against Jerry Carlson if he would withdraw from the council race. Mr. Johns in his "Open Letter to Mayor McKeithen" offered his own "independent investigation" to clean up the town for the bargain rate of $150.00 an hour and at total cost to residents of $45,000. The town really should have been more appreciative of the many generous offers made by Mr. Johns who "will not rest until those who so badly abused the public trust are held accountable"...unless of course he was to be rehired by the town.

While Mr. Johns claims that my April 2nd "post smacks of character assassination" it is my opinion he does not need my assistance on that and does just fine on his own as his positions change when people are not in agreement with him. Again, while I do feel Mr. Buckheit's rights to due process may have been violated, I find his claims are compromised by this loose cannon even though he claims to no longer be in Mr. Buckheit's employ.


Posted by Richard Ehntoven
a resident of Menlo Park: Menlo Oaks
on Apr 7, 2011 at 8:15 pm

What is it with "Thomas"? Why does he seem to be so obsessed with Mr. Johns' postings?

[Portion removed; stick to the topic and don't speculate about other posters' identities.]

It is unlikely we'll ever know because Thomas does not appear to be one inclined to reveal his identity.


Posted by Thomas
a resident of Menlo Park: Sharon Heights
on Apr 7, 2011 at 10:44 pm

Mr. Ehntoven...I was replying to Mr. Johns rebuttal to my post from over a week ago. Do you consider taking a week to respond to Mr. Johns posting obsessive? I have posted opinions on several other topics when I felt my opinion might provide some benefit.

I am always interested in reading other people's opinions as well as receiving constructive criticism but you do not offer anything other than your feeling that I am connected to former council member Marsala.

I don't have a dog in this fight, just a photographic memory for what I read and what people subsequently post. For the record, I have never met any of the people involved in this matter and would also agree with your opinion about council member Marsala. While I can understand the foolishness of comments posted by people using a pseudonym, I'm at a loss to understand why people using their true identities would venture out with speculation that I would be connected to council member Marsala.


Posted by Some friendly advice
a resident of Menlo Park: Fair Oaks
on Apr 7, 2011 at 11:38 pm

Thomas, you post anonymously, so do I, and that is your right. You have not been shy about often making very personal criticisms about some people who do not. That's also within your rights. But some people might think it's mean. I am sure many find a lot of entertainment value from the posts here, like a live soap opera. It can also be fun to make really pointed criticisms I guess. Just remember that there are some real people involved and they deserve some compassion. I have a good memory too and a lot of your posts can be, frankly speaking, mean and really pointed in your criticisms, perhaps too much so. I feel okay saying that to you because you are anonymous. The people you often attack are not. Okay, you get my point I'm sure.


Posted by he just doesn't get it
a resident of Menlo Park: Central Menlo Park
on Apr 8, 2011 at 7:02 am

The poster who goes by the name of Thomas may have a photographic memory. However it is selective at best.

He fails to recall that Atherton's former finance director was betrayed by those whom he trusted. We now know that Guerra is not a "stand up guy". We now know that on two consecutive investigations, Guerra paid someone to cover up the sins of his brothers in blue.

Get real Thomas. Get a grip.


Posted by Camille
a resident of Atherton: other
on Apr 8, 2011 at 10:21 am

I know Charles Marsala. I know Jon Bukheit. I know John Johns. I know Kathy McKeithen and Jerry Carlson too.

I have frequently lamented and spoken out about the bashing of others on this post. I find it remarkable that those whom "Thomas" criticizes have exercised restraint in their posts.

While some may appear to be inconsistent. I find Thomas' characterization of them "talking out of both sides of their mouths" to be disingenuous.

When the trust of one is betrayed, as did Mr. Carlson did to Mr. Johns, it is perfectly reasonable for Mr. Johns to change his opinion of the man form one he considered to be a "friend and a mentor" to one who abandoned not only Mr. Johns but the principles Mr. Johns acted upon.

We must not forget that it was Jerry Carlson who called for an audit of the Building Department. It was also Jerry Carlson who urged Johns to examine the spending of the Police Department more carefully.

Sadly it was Jerry Carlson who broke ranks with his fellow members of the audit committee by refusing to sign a letter protesting Mr. Johns suspension.

In Mr. Carlson's case, the change in attitude was justified.

Thomas admits that he does not know Johns or Buckheit. Yet he claims to have an intimate understanding of their working relationship.

With all due respect Thomas. You seem to be the one who talks out of both sides of his mouth.


Posted by McKeithen Supporter
a resident of Atherton: Lindenwood
on Apr 8, 2011 at 11:00 am

Jerry Carlson turned his back on McKeithen too.

McKeithen has long been a proponent of cleaning up the Police Department. Carlson talks a good game. But when it comes to demanding accountability in our most expensive department, he's all hat and no cattle.