72 _Renton Police Department Public Records

7/28/2019 72 _Renton Police Department Public Records

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.RECEIVED.. Mayor Law: . CONAOENTfAl " r:eu.IV\ . . NOV 15 2010

\A-A v u 1 ~ ' o OFFICElim hoping. this Jetter does not fall upon deaf ears. The hope It may improve things for the Department Is mymotivation. The moral at the Renton P.D Is l o ~ i the only thing you have going for you Is the r e c e ~ s l o n - otherwiseyou vyould be wltnesslngthe largest number of f f l ~ e r s lateralllng to other departments this city has ever seenbefore, I hink there has always been this feeling that l l n e ~ l e v e l personnel Is unaware of the problems at the topof our chain. T h ~ t : s never the case, neve'r been the case, never will be, People will always talk no matte'r howmuch they swear they won't, There Is no respect for those leading us: M l l o s e v l c ~ r s a l l s l - and that'sJUST the top. But Isn't that where the leadership Is supp.ose to be at it's b ~ s t ? You have. . ho o rde red .- to urveil h!s girlfrlend,-.. . .:whlle on duty- more then once. They all t ~ l n k Its so hush.-hush, buteveryl:iody knows. And are angry because nothing was done about it. Arbund here ~ t h e y ' promote you for that,or send you to specialized traln!ng at Quantico apparently. Ask - - he wont' lie to Y9U about this If youask him d l r e ~ t l y . Asl(-who was also asked to continue the surveillance when-decided he didn'twant to participate anymore. Doesn't that sound like somebody who's a little unbalanced to you? ADeputy Chief,who has tb stall< his girlfriend, because she's seeing another guy? ADeputy C h l ~ f who complete'ly loses it at her.doorstep when he finds out It's true -In front of a 4 ~ o r d i n a t e ? .AND- this Is the man our-is ontinuing

to have a relationship with? Who's the craziest one here? Are you serious? l d n ' t . . .avesomebody. sit outside his girlfriend's house -It's an example that setby -when e stalked- Now he's going to be her boss next y e a r ~ Isn't that going to make for a great supervisor/subordinaterelationship? l -ean it l ~ e l g h b o r h o o d and. watch her through bin,oculars, why can'tEverybody knows this ~ a p p e n e d , and people are again angry b e c a ~ s e n o t h l ~ g was ever done about lt. Askshe won't lie to you either If you ask her directly. And then we have Marsalis!, who everybody here calls the' .Ayatollah or Satan. He's made a practice of making people miserable should they ever have the nerve to cross

, him- or disagree with him. He's made It very clear to numerous people that there careers are over here- and. ~there's nothing they can do about It because he's the boss now. Many job possibilities and promotions have beenunjustlfiab'ly denied to many who deserved them- all because of Marsalis!.normodly do- we promot.e him of course. Wohder why you get so few .department members participating Insocial activities? It's because we all know he's the one behind arranging them. Wonder why there's noconeslveness In your pollee department -It's e c a u s ~ have most evil one of them all teaching morals andethics for Pete's sake! Oh ~ a n d let's not forget; how to be a better supervisor training as well. It's a joke andr;;verybody knows he's a joke. No photos being offered for the Department vyall? That's because nobody believesIn the crap Marsalis! is trying to sell Ill Most of us halle been here way,tod long -we k ~ o w better, And theA of.course you have Milosevich who hides his head 'In the sand and lets Marsalis! do all the dirty work for him.Milosevich known about everything- and don't. nothing. Which Is what hi3 does best. Again- we all knowthis. It's no secret. I don't have many years left h e ~ e , and the ones Ihave will be spent trying not to let others getdiscouraged by the leadership exampl13s around us. But Iguarantee you, whether I'm here or not, thisdepartment will n e v e ~ be the cOhesive one you hope for because of the type of Incidents I've r e l a ~ e d above. Andthis Is JUSTthe tip of the Iceberg .. Moral will continue to decline, you will start'to have rouge cops becor,ne moreprevalent because that Is thelrexample above them. If you do nothing, then that Is on you. aut at least Isaid

/ ' . 'something. I've seen too much not too,


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c o ~ o s 1 o

NATURE OF COMPLAINT:On November 15, 2010 'the Mayor's Office received an a n o n ~ o u s l l ~ t t e r . Theallegations In this letter state that Deputy C h l ~ o r d e r e dconduct surveillanceon-. he letter also states thatalso p a r t i c i p a ~ e d in this at the request of Deputy C h i ~

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EMPLOYEE INVOLVED: DeputyChief-

ALLEGATIONS:Violation of General Orders

26.1.1.11.8 Unbecoming Conduct .Members of the Pollee Department shall conduct themselves at all times) both onand off duty, In such amanner as to reflect most favorably on the Department.Unbecoming conduct sha/1/nclude.that which brings the Department Intodisrepute or reflects discredit upon the Individual as amember o f t h ~ PoliceDepartm(mti or that whfch Impairs the operation or efficiency of he Departmentor the Individual.26.1.1.11.T Abuse of Position,Use of official position or identification. Members of the Pollee Department shallnot use their official posit'!on offic/allc{entiflcatlon cards) or badges for personalor financial galni obtaining prfvfleges ndt otherwise available to them except Inthe performcmce of dutyi or avoiding the consequences of Illegal acts.

INVESTIGATION

I met briefly with DC Marsalis! in the morning. Marsalis! advised me of the' potential .misconduct InvolvingDC- The m l s c o n d u c t . l n v o l v ~ d - s t a l l < i n g ' his 11glrlfrlendu-Marsails received this Information from Cmdr and did not have any specificInformation. When this occurred or If it was on"go!ng was not known.


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currently-Is n Quantico, VA attending the FBI National A ~ a d e m y . -left n lateSeptember and Is scheduled to complete this training In mid December. Iwas aware that.-had eturned home on several occasions to date.Due to the allegations, Ie.malled. to btain any additional information. Idid not n:e'ntlonthe purpose to meet with. In my email. Ireceived a response back stating that she wasnot scheduiGd to work today, but she could come In If netessary. - s t a t e d she was headingfor the airport to fly to Washington DC. (I assumed the purpose was to spend the longweekend wi t h - . )

1 1 ~ 1 5 H 1 0

Iwas notified by the Mayor's Office to meet with the Mayor and Jay about a couple of Items at1630 hours. At the meeting, Iwas handed an original cGpy of an anonymous letter that wassent to the Mayor's Office that was received by the Mayor's Office on the 15th,We discussed the contents of the letter, and Imentioned to the Mayor of the complaint andemail exchange that occurred the week prior with. IInformed the Mayor.and Jay that Iwould look into the allegations rega,rding-.

1 1 ~ 1 6 ~ 1 0 1500 hours .Imet with In his office at the Transit Center. During this Interview, Iobtainedthe following information:

The Incident In question occurred sometime In the summer of 2009. - be l i eved Ithappened on a Friday rilght. ~ a i l e d - a r o u n d 1800 hours and asked l f - ~ a s In the. middle ofsomething, They agreed to meet at Sam's club on Grady. At the m e e ~ o o k e d visibly, upset, Was described as being emotionally spent.told ~ t something was going on with-' layed lnfo'rmatlon that led him t0 believe t h ~ - ~ a s seeing someone elsede himself; he was asked to leave the residence f0r the weekend since a femalefriend of coming from out of s t ~ t e to visit. ~ o l that he wanted to drive him to -house n Newcastle to seewho was t.here. He mentioned that he did n o t w ~ ~ _ \ t ~ ~ d r l v e his own car since-would recognize it. -men t ioned that this was a fine line. b e t ~ e e n right and wrong and asked someclarlfyjng questions. -old-that his was his housej that he has 9een llvlng there; and that he h a ~ with the privileges to come and go as he pleases. The two of them drove to - house In Newcastle. The residence looked empty.-old- to standby while he entered the residence to look for m ~ l e " luggage.Prior to agreeing to,.. sked the same clarifying questions.


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-nter'ed he. o u ~ e and returned about 15 minutes later. - w ~ s unsure If thel ~ g g a g e he found was male or female. - a s k e d - i f t h e y c ou l d walt to see ifanyone shows up. .

At about 2100 hours,- car arrived at the residence and went Into the gaq:1ge andthe garage door closed behind. It was unknown who was In the vehicle. -told - that he wanted to get out and enter the backyard to see who wasintrie'"iWuse. Aga ln , -was starting to be concerned about legallty of this l n c l d e n ~ , But wasassured t l ia t .was free to come and go, and that he was living at the residence for

the most part even though he shared an apartment with a friend. ~ a l < e s off, and returns about 30 minutes later. -described-as a"defeat.ed man".-was able to observe-and a male companion In the kitchendrinking wine and observed them embrace, -and-return o Sam's Club, AdiscLlssion ensued and -men t i ons that

he wants to go speak w i t ~ . . . tried to discourage him. iill'phones-and the call goes directly to voice mall. . . he wants to go back, and.contlnues,lo attempt to discourage this.states h'e has to go. . "1''' agrees to go back t o - r e s i dence with -but stablishes some conditions,s to!Gl to stay outsid'e and that-will a l l - 9 - 1 ~ 1 should he see anything out of

the ordinary. - p ~ ~ n i o _ ~ ~ e d not to do anything stupid, and stated, 111am going to my house to see

my girlfriend'.'' '\j At the residence,-exits the car and knocks on the front door. nswers thedoor and the two of them remain on the front porch for about 45 minutes . - n d eturned o Sam's Club. - p r om i s ed -that he would not gob ~ c k t t f ~ s l d e n c e . - t h r e a t e n ~ h a t . h e would notify the graveyardsupervisor. . . -was eeling uneasy about the situation and was concerned that emotions might

get out of control. Around midn igh t , - received a phone callfrom- who Is ass'lgned

as a r a v e y t ~ r d patrol supervisor.___ toJd- thanks for h'elplng-duringthis e m ~ t i 6 h a l l s s u e , and t h a t ~ o ' k s like a beaten m ~ n . (-was Interviewedlater and does not recall this c.onversatlon

The following d a y , ~ ( S a t u r d a y ) _ - c a i l e d and left a voice mail asking that- a c c ompany f i m } o ~ o u s e . ld not return the phone call.

Later In the d a y , ~ a i l e d again. and left a message that he was a t - h o u s e andno one was home. Afew days later, maybe as much a week later,- spoke with.

a s k e d - i f he l n f o r m ~ f l . ~ t l : i ~ h l e f of the Incident that took place prior, -mentioned that he did.


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Ithen':asl


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currently the relationship w l t h ~ s ongoing and she has no concerns. That she just returned fro.m spending some time wi t h - i n Washington DC.

Iemalled.requested a phone call prior. We spoke at approximately l600. During thisphone call: I advisedBbrlefly ofthe receipt of the a1;1onymous c o m p l ~ l n t That we WQuld discuss this Incident when he returned That Ihave already spoke 'with several departmenf members

. s ta ted : That he remembered the Incident . "?' That he though-was off-duty during. part of it That. i l l lngly participated and asked him several times If he -needed to go.

-first day back to work was yesterday, however Iyvas of.f, I notified .a t H55 that anInterview has been scheduled for Wednesday the sth of January at 0900. tated he wasavailable. Itold-that this matter Is very serious. nquired if he needed an attorney; Itold him that Icould not answer that.1-5;-11 0855 Hours

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Nancy Carlson Clnd I interviewed .In he HR conference room. The i n t e r v l e ~ ' t l a s t e droxlmately sixty minutes. While much of the Interview was consistent with my Interviews ofnd - In a few ~ r e a s it was not consistent. Idid not get the feeling thatlng evasive or untruthful; J just think the amountof time that lapsed (18+ months)

in a'dlfferent level of recall.

The Mayor, Jay, Nancy and Imet to discuss the l n v e , s t l g ~ t l o n l n c l u d l n ~ Interview and. potential discipline recommendations. No decisions were made until the Investigation Iscompleted. Iwas told by Nancy that the transcription o f - l n t e r v ~ e w should be completedtomorrow. ' J. 'II

Nancy stopped by and provided the transcr,ibl;ld statement of-Interview from w ~ d n e s d a y .


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After reviewing the investigation and preparing the Findings of Facts, there was an Issue thatwas not resolved during' the lnves,tlgatlon. That issue was the comment by-that-had discussed this lnddent with me at the time of occurrence, I recall during this period of time, that. . ad mentioned to me that he was havingrelationship l s s ~ , ~ s with- but that was the extent of the discussion.1530: Ica l l ed - to clarify his staterQe.nt. ~ o u g h t at the time that. . adbrought this matter to my attention, but did not ask any other qualifying questions regarding

h ~ w much detail that -provided to me. - r ecen t l y brought this t o -a t t en t i on ,and ld him that he only briefed the Chief ,In general of the status of the relationshipwith but no details of this Incident.114-11 0845 Hours Idiscussed this Issue with- . . ecalls only briefing me on the status of therel.atlonship with .and no specific details of this Incident. eceived my Intent to discipline memo,

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FINDINGS OF FACT

1. Deputy Chlef..,has been with the Renton Pollee Department for twenty-six years;.was promoted to Sergeant In 1996; Commander ln.2004; and to Deputy Chief In 4007,2. On November 10, 2010 Iwas notified De Chief Marsalis! of a complaint or.,..''stalking 11 his girlfriend -3, At the time of the Initial comp attending the FBI National Academy InVirginia, and was scheduled to camp this training In mld-Decemb'er. .4. 1'attempted tocontact- but she was enroute to Washington D ~ to visit.. L;5, On November 151 2010 Mayor Denis Law received an anonymous letter, This letteralleges t h a t ~ e d - a n d - t o conduct s u r v e i l ~ a n c ~ op-. l l l ' l ' t e rv lewed- and was told the lnd'de'nthe was familiar wlttfoccurred duringthe summer of 2009, (confirmed .7. - r e c e i v ed a. phone call from round 1800 hours on a. Friday night and

agreed to meetatsam's.Ciub. ( r m e ~8, arrived, was visibly upset and t o l d - t h a t something was going on with .at he thowghtshe was:havlng an affair. (confirmed by - . 9. sked him to drive him t o - h o u s e to see who her visitor was; and that he

did not want to drive his own car. (confirmed by -10. Upon questioning by- that. . old him""'t'!i'a't"' was living at that residence; hehad a l


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22.- stated they returned to the city. ~ t ~ t e s that he entered the house to gethis phone charger.) 23. -eca l l s this Incident as occurring In the summer of 2009; t h a t -w a s In the

process of filing for a divorce; and that she had a male guest. 24. -eca l l s the hour long conversation on the porch. . ,-,.25. - r e ca l l s this lncidE!nt occurring In the summer of 2009i that at the time he Wasresiding in - residence even though rented a room from a friend In Lakerldge.s asked to vacate the residence for ;3 weekend 1 so that a female guest ofld visit.27 . -became suspicious/ fearing t ha t -had reconnected with a male acquaintanceand that their relationship may end. 28. ~ a d a st'rong'desire to find out the truth; he dlq not want to go to the residence

by himself; he wanted to avoid any type of confrontation; so he phoned-around1800 hours In the evening. . :;29, lllf'and- met at Sam1s Club;,entere.d-.vehlcle and drove to -house. (confirmed by-) ~ - . . . . ;. .30. The two of them waited In the area for about an hour observing a strange car In the

~ r l v e w a y . (not consistentwith- . . '31. A ight was observe.d within the resldence1 so - . :ntered'the back yard to confirmwbo the guest was; while In back yard o b ~ e r v .and a male guest embrace.(conflrm'ed by - . i 32.-said he ~ m p e l l e d to conf ron t . to resolve this Issue. x l t e ~ thecar and spoke wi t h ' . on the front porch. (confirmed by -33. After the conversation with nd - returned to the downtown area;only to .discuss about re again w i t h . ~ the two of them returned to

- - r e s i d e n c ~ . recalled going to the residence the first time, seeing It vacant. and then returning to ~ . a m ' s c1Ub1 followed by a return hlp where. . poke with- '< . .3 4 . - s a l d ~ ~ h e two of them went back to - house a n d - h a d a secondconversation.35 . - t a t e d he . ~ l d not asl-lf he was on duty; and assumed the vehlclethe,two~ r n were In was his assigned department vehicle; and the time of Clay was . c o n s l s t e n ~ with later p ~ r t of-work hift l


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~ . l $4 ~ n d e r s t a n d s the seriousness ofthjs lncldenti that It is embarrassing; and that hetho.ught he was doing the right thing by bringing a second person with him to assist himin his thought process.

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.PpLICE DEPARTMENT

QATE:TO:FROM:SUBJECT:

. M EMORANDUMJanuary 14} 2011.-Deputy Chief

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Is not a factual version of the events, However, the facts and circumstances asInvestigated does call Into questlon your ability to be a succesqfulleader within thePollee Department.As with all sustained allegations of misconduct, a performance action plan will bedeveloped with the goa.l of restoring Department confidence In your ability to lead.

Discipline R e c o m m e n d a ~ j o n :N

' ' Suspension withou't pay- Forty (40) hours successful completion of a performance action plan

The Department's General Orders outlines your appeal rights. Please notify me withinfive. (5) days of receiving this memo if you wish to discuss this disciplinerecommendation or request to exercise your appeal options.After notification, Iwill schedule the appropriate meeting or review board. I will then notifY. you of my final decision.I have received a copy of the Investigation and of the Intent to discipline memorandum.

Deputy Chief - Date

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POLICE DEPARTMENT

DATE:TO:FROM:SUBJECT:

MEMORANDUM. February 7, 2011

Kevin Milosevich, Pollee Chief-Support Operations Deputy Chiefcq 08-10- Loudermill Hearing

General Order 52.11s titled Organizational IntegrityThis same chapter speak? to objectivity, fairness and justice during the Investigation and review ofcomplaints, Additionally, the goal is to clear the innocent, establish guilt of wrongdoers, andjacl/ltate fair, suitable and consistent d l ~ c l p l l n a r y action.Findings

" There Is no question that Investigation was Intensive and ImpartialThere Is no questio11 that.the allegation of Unbecoming Conduct is sustained

o 1accept responsibility for this and have throughout the process, even' before conclusionswere reachedDiscipline

() Loss of Accumulated Time v. Suspensiono Serious or part of a continuing pattern of behavior Involving serious misconducto Very Serious or part of a continuing patter.n of behavior Involving repeated seriousmisconducto Supervisory Role .o To recommend the most effective methods of discipline, taking Into considerationthe b'ehavlor history and personality traits of the personne.l under their supervision Higher Standard of Conduct- for Supervisors and Commander Ofrlc-er'sQ What Is Fair, Suitable and consistent?

o Fair- does the discipline fit the w r o n g d o i n ~ ?o Suitable does,the discipline send the message and Insure proper, future behavioro Consistent- In comparison to previous discipline command staffers


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POLICE DEPARTMENT

D A T E ~TO:.FROM:SUBJECT:

MEMORANDUM

February 9, 2011-Deputy Chiefl(evinMIIosevich, Chief of PolleeDiscipline C0-0810

On Novem.ber 15, 2010 Mayor Law r e c e l ~ m o u s letter stating you o r d e r e ~two sergeants to conduct surveillance o ~ . At the time of the complaint, youwere attending the FBI National Academy with an ~ x p e c t e d return date in lateDecember. As a result of this complaint, Icondu.cted the formal Investigation Into thealleged misconduct.26.1.1.11.8- Unbecoming ConductMembers of the Police Department shall conduct themselves at all times, both on and off .duty, in such amaimer as to reflect most favorably on the Department. . U n b ~ c o m l n g . conduct sh91/lnc/ude that which brings Department Into disrepute or refleqts discredit upon th'e .(ndivlductl as amember of the Pollee Department, or that whichImpairs the operation or efflc,lency of he Department or the Individual.Finding: SustainedThis Incident was reported in November of 2010, but occurred In the summer of 2009.The Investigation Involves your.use o f - o n ~ d u t y time to assist you with apersonal relationship problem. .As the.sergeant of our Special EnforcementTeam,-time hould have beenspent closely focused on supervising his team, rather than with you. .

. .A more' appropriate response would have been to not Involve an on-duty member of theDe.partment and to avoid contact that weekend.As this Incident was anonymously reported to the Mayor, It Is' assumed that .otherswithin the Department have knowledge. Iunderstand that the Information' as reportedIs no,t a factual version of the events.


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on Monday, February t'\ we met In my office for the purpose of the mitigation hearing.During this meeting you provided amemo that you prepared tb assist In the discussion.Weoboth discussed this incident and how to move forward.I appreciate that since the beginning, you have accepted responsibility for your actionsand that you understand the seriousness of this Incident..Discipline:

Suspension ":Vithout p a y ~ Twenty-four (24) hoursYour appeal rights are outlined In the City of Renton Civil Service Ru)es.

0 0I have received acopy of this discipline memorandum.


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INTERNAL INVESTIGATIONSUMMARY SHEET

Name ofEmployeAssigned I n v e s t i g a t o r - t - ~ - ! H - - " - ~ - 1 - + b " - ~ - - ' - - ' - ' = ' - - ! . " " - - - - - - - Date As.signed -----t---JI;-I-.:..._.;:__--'-'-"'---------\:

.) Due Date 1 /a;0/ /J. I Extension-------

Review Dates------

Completion Date I ~ Jt/------ItDeputy C h i e f - - - ~ - - - - - - - - ~ - - - -

PD_Ad'min/M!losevich/COinfo


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RECE.fVEDM a y o r L ~ w : ... OONfiDanlAL .': ~ V . . / 0 , . . .. . . . N O ~ ls.zfiw .

' .. ' ' ' ' : ' I . ' . . ' ' ' ' . 1 ~ A V 0 K ' t > OFFICE'') J!m hoplng.t.hls letter does ~ o ~ . f a l 1 upon deaf ears. Th,e h o p e ~ It may improve things for the Department l.s my .motlvatlon. The moral' at Renton P,P lowi t ~ e . ? n l y . t ~ r n g you ~ a v e going for YCJU Is the r e c e ' ~ s l o Q - other,wlseyotl \oyould b,e witnessing the'largest'number. of offlgers lateralllng to o t h e ~ departments this city bas .ever seen

'before: .I think there has always been this feeling that i . n e ~ l e v e l personnel is. unaware of the problems t ~ e . t o pof u ~ ' C h a l n . That:s' never. the.case,, never bee.n the c a ~ e , , never will be. People w l ~ tall< no matter how.. muah they s w ~ a r t h e y won't. There Is. no. respect for those leading us:. Mi19sevlch,._Ma,rsallsl- and that's

. JUSTth'e top. ,But Isn't that whe.re the leadersh!P is suppos.e to be best? You have. . hb o r d ~ r ' e d - . -6 ur;ell h J s . g i r l f r l e n d , - ~ w h l l e on duty -.r;nore th'en once. T ~ e y all t h l ~ k . l t s so hu.sh .hush; .everyl:iody k n o w ~ . And are argry because nothing was done about It. A ~ o u n d here -they promote yo.u forthat,or'send y.ou .to s p e c i ~ I J z e ~ traln!ng at Quantico f!pparently. Ask._._ ne wbnt' lie to you about this if you.

. ask him directly. A s k - w ~ o was ~ l s o a.sked to continue the survelllance'when ~ e ~ l d e d he didn't to partlcipate anymore, D,oesdt that .sound l , i k ~ somebody who1s a little u n b a l a n ~ e d to y ~ u ? .A .Deputy Chief

~ h o has t.o ~ t a l k hls girlfriend, because she's seell'lg a n o t ~ ~ r guy? ADeputy c h f ' ~ f w h a comp,lete'ly.loses It pt her. d . o o r . s ~ e p : " h ~ n h ~ f i n a s out.lt's true...: in front of asubordinate? .AND ~ t h i s Is th$ ~ : a n .our - is contlnul.ngto ! r a v e ~ . r'elatlonshlp-wlth? ~ h o ' s the craziest one here? Are you serious? Of ~ o u r s e , .wiJy shouldn't h . a ~ esomebody sit 'outside his girlfriend's. house...:.

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) C 0 ~ 0 8 1 0

NATURE OF COMPLAINT:On Novrtmber 15, 2010 the Mayor's Office received an a n o n y ~ ~ u s t t t e r . Jheallegations In this letter state that Deputy Chief-rdered. conduct surveillanceon-. he letter also statesalso p ~ r t l c l p a t e d In this s t of Deputy Chief-

EMPLOYEE INVOLVED: DeputyChief-

ALLEGATIONS:VIolation of General O.rders

26.1.1.11.B' Unbecoming conductMembers of the Pollee Department shall conduct themselves at all times, both onand off duty, in such a manner as to reflect most favorably on Department.Unbecoming conduct shall Include that which brings thf! Department intodisrepute .or reflects discredit upon the lndtvfdual as a member f t h . ~ Pollee Department, or that which Impairs the operation or efficiency of the Departmentor the individual.26:1.1.11.T Abuse of PositionUse of official position or /dentljlcatlon. Members of the Pollee Department shailnot use their official position, official identification cards, or badges for personalor financial gain; obtaining privileges not otherwise available to them except Inthe performance of duty; or avoiding the consequences of Illegal acts.

INVESTIGATION'

. 1 1 ~ 1 0 - 1 0

I met briefly with PC Marsallslln the morning. Marsalis! advised me of the' potential .misconduct involving DC... he. misconduct lnv'olved-stalklng" his "girlfr iend"-

Marsalis received this Information from Cmdr .. . and di'd not have any specific) infor111ation. When this occurred or If It was on-going was .not known.


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Currently-sIn Quantico, VA attending the FBI National Academy. -ft n lateSeptember and Is scheduled to complete this training In mid December. Iwas aware that~ a d returned hom'e on se)Jeral occasions to date.Dqe to the allegations, Iemalled. to btain any additional information. Idid not mentionthe purpose to meet with .In my email. Ireceived a response back stating that she wasnot scheduled to work today, but she could come In If necessary. tated she was heading .for the airport to fly to Washlng.ton DC. (I assumed the purpose was to spend the longweekend with-

1 1 ~ 1 5 - 1 0

1 was notified by the. Mayor's Office to m e e ~ with the Mayor and Jay about a couple of items e1t1630 hours. At the meeting, Iwas he1nded e1n orlgln


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- e n t e r e d the house and returned about 15 minutes later. -was 'unsure If theluggage found was male or female. -sked -fthey ould walt to see Ifanyone shows up. . . At about 2100 h o u r s ~ - car arrived at the residence and went into the garage aridthe garage door closed behind. It was unknown who was In the vehicle. -told-that he wanted to get.out and enter the backyard to see who wasJnthe house. Agaln1 - was starting to be concerned about the legality of this Incident. wasassured thatll was free to come and go1 and that he was living at the residence forthe most part even though he s.hared an apartment with a friend. . -takes off1 and-returns about 30 minutes later.- described-a s

' 1defeated manu. -was able to observe . and amale Companion In the kitchendrinking wine and observed' them embrace, . . - a nd - return to sam 1s club. Adiscussion ensued a n d ~ e n t i o n s t h a the wants to go s p e ~ d < with. tried o discourage him. -phones-and the call goes dir.ectly to voice mall. . he wants to go b'ack1 and-continues to attempt to discourage this.he has to go.

grees to back to- res idence with-but stablishes some' conditions.Is told to stay outside arid t ha t -Wi l l call 9"1"1 should he see anything out of. ordinary. - p rom i sed not to do anything stupid 1 and stated1 "I am going to my h o u ~ e to seemv glrlfrlend/1 At the resldence1Wexi t s tne car and knocks on the front door. . nswers the . .door and the two of them remain on the fro'nt porch for about 45 minutes.

-and returned to Sam1s l u b . ~ o m l s e d - t h a t he would not goback to ldence. - t h r e a t e n e o - t h a t he w o ~ l d notify the graveyardsupervisor. . ~ a s feeling uneasy about the situation and was concerned that emotions mightget out of cohtrol. o Around m l d n l g h t ~ . - e c e l v e d a who Is assignedas a graveyard patrol supervisor. thanks for ping- during

this. emotionallssue1 and th like a beaten man. -was nterviewedlater and does not r.ecall this conversationo The following day1 (Satu and left a voice mail asking that- a ccompany him to ld not return the phone call.o Later In the day 1- c a l l e d again and left a message that he was a t - h o u s eno one was home. A ew days later1 maybe as much as a week l a t e r ~ - spoke wita ~ k e d - l f he Informed the Chief of the incident that took place prior.mentioned that he did.


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I then a sked -who all was aware of this Incident and If anything has happened.ln the lastweek or so that would stir thl? up again. tated:

he mentioned In brief to his two OIC's on his worl< group-

that about two weeks ago, he was caHo-carwith- and- r emembered mentioning this Incident to them.- assumedsurrounding this Incident were common knowledge. .

In my dlscusslon,-mentloned he originally ass is ted-as a friend who he thought wasIn crisis. - w a n t e d o ensure that the l n c l d ~ n t in question was completed without harm toanyone, During this l n c l den t , . and . u sed - - depa r tmen t ~ s i g n e d vehicle.11-17-10 0830 HoursDuring my one-on-one, Ibriefed the M


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currentlvth.e relationship with- I s ngoing and she has no concerns. That :he just r e t u r n ~ d . f r o m spend in& some time wi t h - i n Washington DC,

12-01-10 Approx 1600I emalle.dtJirequested a phone. call prior. We spoke at approximately 1600, During thisphone call:

Iadvlsed.rlefly of the receipt of the anonymous complaint That we would discuss this Incident when he returned That Ihave already spoke with several department membersII tated:

That he remembered the Incident . That he thought-C?s f f ~ d u t y during part of It That. willingly participated and asked him several times Ifhe- needed to go,

. f i rs t -day back to work was yesterday, however Iwas off. Inot l f led . t 1155 that anInterview has been scheduled for Wednesday the 5th of January at 0900, stated he wasavailable. I old. at this matter Is very serious.I I nquired If h.e needed an attorney; 1told him that Icould not answer that. . 1-5-11 0855 HoursNancy Carlson and llntervlewedtlin the HR conference room. The l n t e r v i e ~ lasteda roxim lysixty minutes, While much of the Interview was consistent with my interviews of

and-in, areas It not consistent. Id.id not get the feeling that. 'tlg evasive or untruthful; I ust think the amount of time that lapsed (18+ months)resu dIn a differeht level of recall. 1-6-11 1430 HoursThe Mayor, Jay, Nancy and Imet to discuss the investigation including. Interview andpotential discipline recommendations. No decisions were made untl.l the 'investigation iscompJeted. Iwas told by Nancy that the transcription of .n tervlew should be completedtomorrow.1-7-11 0925 Hours'Nancy stopped by and provided the t r a n ~ c r l b e d .statement of . In terview from Wednesday.


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Aftet reviewing the Investigation and preparing the Findings of Facts, there was an Issue thatwas not r e s o l v ~ d during the lnvestlgatl?n That Issue was the commentby- that -had discussed this Incident with me at the time of occurrence, I recall d u r i n ~ this p ~ r l o d of t i m ~ , that-had mentioned to me that he was having .relationship 'issueswith. but that the extent of the discussion, ,1530: Ica l l e : d -o clarify his statement. ~ h o u g h t at the time t h a t - h a dbrought this matter o ~ e n t l o n , b!Jt did not ask any other qualifying questions regardinghow much detail t h a t ~ r o v l d e d me. - e c e n t l y brought this t o - t t e ~ t l o n ,and d him that he only briefed the Chief In general of the status of the relationshipwith but no details of this Incident.

1 ~ 1 4 " 1 1 0845 HoursI l s ~ u s s e d this Issue with- - r ~ c a l l s only briefing me on the status of.therelationship with-and no specific details of this lnqldent.


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FINDINGS OF FACT

1. Deputy Chie f -has been with the Renton Police Department for t w e n t y ~ s i x years;was promoted to Sergeant In 1996; Commander In 2004; and to Deputy Chief in 2007,2. On November 10; 2010 Iwas notified Chief Marsalis!. of a complainto f -'1stalklng11 his girlfriend3 . At the time of the Initial camP. was ndiog the FBI National Academy InVIrginia, and was scheduled to com ete his training In m i d ~ D e c e m b e r ,

4. - t ed o contact-, but she was en route to Was.hlngton DC to visit5. on November 15 2010 Mayor Denis Law received an anonymous letter. This letter

alleges ordered- and-to condLICt surveillance on. .. llntervi d was told the Incident he was familiar with occurred duringthe summer 2009. confirmed7. - r e c e i v ed a phone call from round 1800 hours on a Friday night andto meet at Sam's Club. (confirm t ~8. rrlved, was visibly upset and t o l d ~ something was going on withthat he thought she was having an affair. (confirmed by -9. asked him to drive him to - house to see who her visitor was; and that hedid not want to drive his own car. (confirmed by - .10. Upon questioning by-that-told him that he was living at that residence; hehad a key; and had right to come a go as he pleased, (confirmed b ~11. Th.at the house looked vacant an r ed - hous e to see if he could tell if'the luggage was male or female. nled that this occurred)12. That they observed-vehicle drive into the garage and the garage door closed.

~ o t c o n f l r m t h l s ) 13. T h a f ~ o t out of the car to enter the backyard to see (f the guest was male orfemaie. (confirmed b ~ .14. Tha t -whi le In the back yard observed-In an embrace with an unknown

m a l e ~ r m e d by -15. That nted ~ o n the .door to talk to . (confirmed by -16. That ld ~ e would call 9 ~ 1 ~ 1 should he see anything out of the ordinary.not recall that) 17. Tha e r ~ k n o c k on the door and have a forty.Hfive minute conversation w i t h ~ e r f r o n t porch. (confirmed by. . _18, That at the end ofthls Incident, he was conce future and felt compelledto n ~ g r a v e y a r d supervisor do'es not recall this)19. That-received a phone c ~ l l the next day from but did not respond.(confirmed by2 0 . - rec.alle . miiino his officesituation lnvolvl2 1 . - t ~ o l < the night off, and went toobserved In the driveway. (confirmed

Isupervisor) and discussing thiscame to his office on the znd floor)use. A t ~ o u s e no car was.


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22.- stated they re.turned to the city. -tates hat.he entered the house to gethis phone charger.) , .

23. ecalls this inclde.nt as occurring In the summer of 2009; t h a t - w a s in thecess of filing for a divorce; and that she had a male guest.Is the hour long conversation on the porch.

calls this incident occurring in the summer of 0 0 9 ~ that at the time he wasln . - res idence even though he rented a room from a friend In Lakeridge.

asked to vacate' the reslpence for a weekend, so that a female guest ofcould visit. .27 ecame suspicious, fearing that-ad reconnected with a male acquaintance . an at their relationship may end.28.-ad a strong desire to find out the truth; he did not want to go to. the reslaence

by himself; he wanted to avoid any type of confrontation; so he phoned-a round1800 hours in the evening. . .29.-nd-met at Sam's Club; en te red -v eh ic l e and drove tohouse. ( c o n f l r m e d . b y -30. The two of them waited In the area for about an hour observing a strange car In the

driveway. (not consistentwith- ' '31. Alight was observed within the residence, s o - e n t e r e d the back yard to confirm

who the guest was; while In the back yard observed-and a male guest embrace.(confirmedby- . .

32.-ald he felt c ~ l e d to c o n f ro n t . to resolve this Issue. e x i t e d tbecar ana spoke w i t h - o n the rch. ( ed by -33. After the conversation ed to the downtown area;

~ d i s c u s s about ire again the two of them returned to- r e s i d e n c e . called going to the res nee the first time, seeing It vacantand then returning to Sam's club, followed bya return trip wh ere - sp o k e with

ld the two of them w,ent backto- house and.,ad a secondconversation.35. -stated he did not a s l - 1 ~ he was on duty; and assumed the vehicle the two .~ were In was his assigned department vehicle; and the time of day was

consistent with the later partof- work shift knowing that he works a flexibleshift. 36 . - r eca l l s being at the station on the next day (Saturday) doing some work, where

he ran Into-on he second floor, -hought hey had the discussion on thefirst floor) . . . .37. - a i d - v o l u n t e e r e d to go with him t o - h o u s e should he have the need,38. Later in the e v e n l n g , . a s k e d - t o accompany him t o ~ o u s e to obtain.his phone charger. , . ,39, ld t h a t - . w a s off duty, in aln clothes and the two of them went tohouse. T.he house was vacant, red the residence, obtained his ph0necharger and left. -d id not recal terlng the house)


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40,llunderstands the seriousness of this Incident; that it Is embarrassing; and that hethought he' was doing the right thing by brl"nglng a second person with him-to assist himIn his thought process,


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POliCE DEPARTMENT

DATE:TO:FROM:.SUBJECT:

M E M 0 'R A N D U ,MDecember 2010- Deputy ChiefKevin Milosevich, Chlef.of Pollee ~Notice of Internal InvestigationC0-0810

In accordance with General Order 52.2.5, Iam notifying you that you a,re the subject ofan internal affairs Investigation. This alleged complaint does' not involve criminal activity. The alleged complaint does constitute misconduct that would be grounds fortermination, suspension, or other disciplinary action. The alleged complaint If proven, may affect your ability for continuedemployment with the Department. Iam in c h ~ r g e of the Investigation. Iwill be conducting the Interview with the assistance of HR Ac;lministrator NancyCarlson.

Allegations: VIolation of General Orders 26.1.:t.II.B- Unbecoming Conduct, and26.1.1.11.T- Abuse of PositronYou will be afforded all protections under State law,'Civil Service, and City Polley andProcedures.Ihave scheduled the. Interview for Wednesday, January 5, 2Q11 at 0900 hours. The. location of the interview Is the HR conference room on the 1s t floor.If you have any questions or concerns, please let me l


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RENTON POLICE DEPARTMENTINTERNAL AFFAIRS

ACCUSED OFFICER ADMONITION9omplaint Numbel"

Today's date is S 5, 'J-.b I \ at - ~ , . . L - - - = - - - - - - - h o u r s . I am. . . L K - - ' - ' t f N , _ _ ~ _ Y - - - - ' - - : - I U . _ v W J - - ' - _ ' - ' _ 1 _u+-_____ nterviewingregarding a complaint of V1 0 . . l c n ~ o C $ r r ' ~ D. ' ( 2 - - > { 2 ~ l( ; _ , ~ B-

, .....vt


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InterviewJan. s, 2011p.2

CON Fl DENTIAL

) CoLJid I get your, your signature there?I


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InterviewJan,5,201-1p.3CONFIDENTIAL

that It just didn't match up, And, so Friday after work been bugging the heck out of me andI'm like; I, I hink, I hink she's seeing somebody else. And, without go\ng Into a lot ofdetail, she had reconnected online with a friend of hers from college amonth or two

b e f o ~ e , or three, And so that was my best guess that there was anybody else, it wasprobably this other guy from out of state.So I had this t e r r l b l ~ .... all week, all week leading up to that Friday Ihad this terriblefeeling In my head that something wasn't right, that she wasn't being upfront with me,that there was probably a guy coming Into town, And yet as Imentioned earlier, you knowIwas basically living there, Imean Istayed there every night that week that Ican recall,and, then Friday came along and I just felt like something was going on and I didn't wantto, I didn't want to do anything stupid, I didn't want to get Into a big confrontation if there was something going on up there, I didn't want to .... lf there truly was another guy there i

. didn't want to get Into some big physical thing, i mean that's, It's just not worth it, but Istill felt like I needed to, I needed some confirmation one way or another that either she'stelling the truth that ~ e r e ' s a girlfriend coming to town, or, or my worst fe.ar is that therebe a guy there. And I didn't want to go up there by 'myself, so I, Ical led- andIt's probably six o'clock In the evening Is my recollection, I old .him Iwas kind of In direstraits and I kind of explained what my fears were and so he, he agreed to come talk to

we just talked on the phone for a few minutes and then he said Well where are you, Ithink and .... l'm filling the blanks and paraphrasing now because I don't know exactlywhat we said on the phone and all that, but anyway he came and met vylth me and wetalked for a while and he said, Well what do' you want to do, and Isaid Well, I just want toconfirm, or confirm one way or another, that It's a girl up there, or it's a guy, And he goes,Well how you going to do that. And Isaid Well she lives in a cui de sac. I'm thinking, youknow, she was talking that maybe they were going to go out to dinner, I'm thinking wecould just go up there and sit outside the house, that ...that they're going to leave and goto dinner and I'd be a91e to.know one way or the other.And.so we went up there up In N ~ w c a s t l e and we sat outside the house for probably anhour, I hink, something like that, and there was this strange car In the d r l v ~ w a y and, and-and I there w'as really no, I'd say there's ....other than car in the driveway there wasno ....no activity in the house ....there was nobody co.ming and going, nothing, and. so I'mt)11nklng this Is crazy just sitting here, Ishould just go up and knock on the door, Ihave akey, you know It's basically my house too, you \


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InterviewJan. s, 2011p. 4 '

CONFIDENTIAL

you're doing, you know,. you ~ o n ' t want to do anything that's g'olng to harm you o r -or; you know, embarrass either one of you or cause you any big problems, arid Isaid Iagree, I don't. And so while we're talking about this, a light, Icould see a light go on in thehousE! and then go off again and there's the first sign that any body's even home, and soI'm thinking that maybe whoever was there was.golng to leave, we waited a while longerand nothing happened. I'm like, I gotta find out what's going on, this is. driving me crazy.And so Igot out of the car, Iwalked up, walked up to the house and w.ent through the gatealongside the house Into the backyard, and went in far enough where Icou[d see into the,just into the kitchen and Icould see that she was there, and there was a guy there, and somy worst fears were confirmed or realized. And I just kind of stood there for a minute. I wasn't close e ~ o u g h to where, obviously to where she could see ~ e because she didn'tcome outside or ~ n y t h l n g , but Iwas, Iwas floored and If I thought Iwas distraught when I

. first called - h ~ t afternoon, now Iwas really bummed out, completely. Just can'tbelieve this Is happening. And so stood there for maybe, I don't know, a n;lnute, andbesides seeing the guy there, then Isaw him kiss her, and l ... my, my heart sunk, you knowI ust,.! can .... l guess we're done ..... .. .so Iwent back out In the yard and went backto-and told him what Isaw and he says What do you want to do, and Isaid, I don't know, Idon't know what to do, my, my worst fear has been confirmed ....she lied to me about,you know, a friend, a girlfriet")d 'coming to town ....and I just felt like crap. 'So we t a l k ~ d for a little while longer about what the best course of action, should we just leave, and Isaid Ican't. ..! can't. . I don't want. .. ! don:t want our rl'!lationshlp to end, I don't want It to stop.And he says well, he ~ a y s , I don't know what you want to do, and so about that time we'resitting In the car ..elther the garage door open'ed or the'front door bpened, I couldn't tellyou which, arid this guy and . - c ame outside to this .car, this stn;1nge car, E ~ n d got a bag ,like a duffle bag .out of the car and w ~ n t back ln. And It was .apparent to me that now he'sgonna stay, he was gonna spend the night and so the last thing I wanted to do was- I .didn't want him to stay In, In the house and share a bedroom that I shared with her. Andso It o l d - 1 gotta1 I gotta go knock on the door, I'm not gonna barge In but I've gottaknock on the door and I've gotta let her know Iknow, I've gotta try to convince her to tellh!m to go home or leave or go to a motel or something but I've gotta do something tosave this relationship because I really thought w ~ had a shot, I really did. So I went up tothe door and knocked on the door and she came to the door, and of course was verysurpHsed, she was not mad but she, I hink she was, we've talked about It since and thatshe was embarrassed. She ...without going into a lot of detail about what she felt, she and Ihad our conversation on the front doorstep for probably a half hour, 45 minutessomething like that, we just, just talked about, you know I can't believe he's here, I can't

believe he's in your house, a house that we share, this Is crazy you know/ we're, you know


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InterviewJan. 5, 201'1p. 5CONFIDENTIAL

you didn't give me any indication that'you thought we were done, that you wanted to do,move on/ he needs to'leave1 you know ask him to leave, ask him to get a hotel 1 ask him togo back wherever he came from/ whatever1 that kind ofthlng1 that went on for about ahalf hour. Nothing 'physlcal1 no shouting1 just conversation. And .....and you know she saidshe wanted him to stay. She said she wasn 1t going to ask him to leave. And so.Vrn 'evenmore bummed out now, and Isaid You have to, you know we have some things to work

out/ y.ou can't1 you can 1t still have us hanging,out here in a relationship and ...and undercutwith this guy basically, and ...and she was .... she was conslstent1 sh.e .was adamant that shewanted him to stay but'she s a l d ~ ...she said i1ll sleep In the back bedroom and he can sleepin the other room or vice versa I can't even remember ...that they were going to sleep in

~ e p a rate beds, lie was going to be in town for the w e e k ~ n d and they had plans to go do some things the next day1 I hink they were going to go to a concert or something, I don't .

remember, but basically her answer was No1 he's stav.ing ..And wasn't getting anywhere,and she said, let's get together on Sunday and talk. Which was, this was like IsaY onFriday night so that would be a day and a half later that we're going to get together andtalk. And so I left. So Igot in the carwlth .and we left Iwas explaining to -on the way back here downtown what happened 1 and we talked through It agaln.and Idon 1t remember who brought It up1 but you know the ~ i s c u s s l o n was .if It were my wife orgirlfriend and they had somebody from the opposite sex at the house and were g o l n ~ tostay in the house1 he said Idon 1t think Iwould be able to sleep that night, I don't think I would be able to 1 It would.be driving me crazy whafs going on, that's kind of thediscussion we had. And Vm thinking yeah 1 yeah I don't know what else to d9. Imean Vvetried to convince her to tell him to leave and she won 1t. And so In that discussion about Wsgoing to drive you crazy not knowing what1sgoing on and your worst fear Is that they1regoing to sleep together and 1m like .... ! don't want that to happen and s o - a nd I alked.about It and l'm ....and maybe he may have suggested it or Idid but life agreed we1re goingto go back up there. So we .went back up there, knocke.d on the door agaln 1 she openedthe door, she came out1 we 'had another discussion for pr9bably half an hour. I couldn'ttell you exactly. kind ?fa long time ago. But the same tough cnversation, how yougotta ask him to leave, you gotta tell him to leave1 this is crazy, this is, you know this .is ahouse1 and a bedroom and a bed that we share and he1s here and this Is crap' and again/we can 1t do this, we need to work some things out. I really wanted to save the . relationship, and I hink she did too, I hink she felt embarrassed and bad about what ,.happened. And so we had another discussion, same result, staying. And ....and youknow a promise from her that you know that he'll1 you know; he 1 11 sleep somewhere elsetonight in the house, he1ll go to a hotel or motel tomorrow night Ipromise we 11l tall< onsunday. Okay. So I left. 1\nd... ok me back down here' by City Hall and Igot my car


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InterviewJan. 512011p.6CONFIDENTIAL

and went to stay at a friend's house. As you can probably lma.glne Ididn 1t sleep verywell .. trying to thin I< of things to do to keep busy1 and Icame In here to my office and did. . .a, did a little bit of work and couldn't get much done1 it was probably mid morning, and- came own the hall1 I don't remember If he was a training officer at the timeor working patrol1 Idon 1t know, He came down the hall and he saw me there on aSaturday and he said 11What are you doing here 11 . . . . and Isaid gettin,g some work done. Hecould tell! w a ~ , I looked like Ihadn 1t slept and Ikind of filled in a few of the blanks and hesaid1 Tough situation, you know. And Isaid Yeah, I'm distraught, you know I won't be ableto talk to her until tomorrow, and she's hanging out with this guy, lt1S killing me, it1s 0chewing me up Inside. And he sa,ys Well. .. and Imentioned, that you know, t ha t - and Ihad gone up there the night before. He said that It was, you know, smart that you tool

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