The Petition
We, the undersigned are
residents of Alameda County and some of us are residents of Oakland.
We are concerned that homicide
investigators in the Oakland Police Department have mishandled and therefore
lost important evidence, in more than one case and are not following department
policies in interviewing eyewitnesses and the handling of eyewitness evidence.
We acknowledge that erroneous
eyewitness identification is the leading cause of wrongful convictions. To increase public safety, it is imperative
that violent criminals be prosecuted, and the innocent released from guilt,
especially when evidence has been lost or contaminated by mishandling.
Therefore we ask:
CHIEF JORDAN:
- All incidents of
mishandled and missing evidence must be thoroughly investigated, and the
responsible officers disciplined.
- All investigators must be
trained on the proper handling of eyewitness evidence, and required to
adhere to these standards and department rules.
- All investigators must be
trained on the standards for investigations regarding eyewitnesses and
eyewitness evidence (California Peace Officer Legal Sourcebook and POST),
and required to follow said standards.
- The investigators who fail
or refuse to comply with these standards should be disciplined.
NANCY
O’MALLEY, DISTRICT ATTORNEY:
- As the top law enforcement
officer in Alameda County, to articulate a county wide eyewitness policy
for all law enforcement, which includes:- Double blind presentations
of photo lineups and live showings.
- Admonishments given before
each and every showing (photo or live).
- Peace Officers are not to
talk or take actions during the identification process unless absolutely
necessary.
- Other steps to prevent
erroneous eyewitness identification.
- Zero tolerance for police
officers who mishandle evidence, including stipulating to sanctions and
appropriate jury instructions.
- Dismiss the case, where
the evidence is clearly unreliable.