“If we say a police officer takes an oath of office to uphold the law, if we require that they must be of good moral character and integrity…then someone who is found to have lied or falsified their notes, can they be said to be upholding their oath? Can they be said to have demonstrated integrity?”…… “My simple, non-legal mind says: That’s misconduct.”
During a follow-up meeting held on April 10th 2012 concerning the newly planned city of Palo Alto Massage Ordinance. PAPD Lead Detective Lt. April Wagner was previously asked to provide and furnish a full analysis of sex crime trends and complaints having an effect on Palo Alto and its citizens with respect to the massage profession and why the need for greater state mandated restrictions and policing.
Prior to this meeting Ms. Wagner had in fact provided the Policy and Services Committee Staff with a *report which outlined 10 complaints of a sexual nature going back ten years.
However, when questioned by the committee in regards to the individual specifics of each complaint, Ms. Wagner stated in part, that do to the restrictive and confidential nature of the crimes committed those records cannot be disclosed.
In other words Ms. Wagner was unable to substantiate the existence of any crimes or complaints having occurred as to time place or manner in Palo Alto. Palo Alto criminal defense attorney Tom Nolan in an email response had this to say:
“I was very surprised by what I observed at the city council’s committee meeting. I was pleased to see a thoughtful council asking important and clear questions to members of the Palo Alto police department.
I was very concerned that the answers given, were not only non-responsive, but, in more than one example, not true. This was insulting to me, was insulting to the community and I believe insulting to the council members. We are a far more intelligent, educated and thoughtful community than the Lt. [Wagner] seems to understand.”
We believe Ms. Wagner as the Chief Detective in charge in all investigative aspects including state compliance of this newly city wide planned massage ordinance certainly had within her capacity access to all criminal justice systems and information available to reveal any and all current and past criminal activity records and chose not to do so.
For this reason we further believe Ms. Wagner set out to use her color of law and authority to deceive and distort the facts presented to the committee as to any and all alleged existence of any crimes having occurred by implying that any information available was deemed confidential and subject to non-public disclosure. Ms. Wagner has a long history of misleading the general public having ‘lied or falsified [her]… notes.’
As one community member put it concerning her apparent lack of presenting qualified past criminal information framed her deception in the following context. She, Wagner presented “thoughtful solutions” to a problem(s) that didn’t exist’…
Exposing Wagner’s deception and her awareness of the law
In the face of the Palo Alto police department’s inability to present any facts of sexual criminal activity or misconduct having occurred in Palo Alto during the past ten years and her apparent deliberate attempts to mislead the policy and services committee members, the general public including the Massage Therapy Profession, Palo Alto Free Press has set out to uncover, present and disclose the true facts of any sexual criminal activities having occurred through a California Public Records Request Act.
The scope of our request was presented on April 13th, 2012 to Palo Alto city attorney Molly Stump in accordance with California Government Code & 6254 (f) (1) as follows:
“(1) The full name and occupation of every individual arrested by the agency, the individual’s physical description including date of birth, color of eyes and hair, sex, height and weight, the time and date of arrest, the time and date of booking, the location of the arrest, the factual circumstances surrounding the arrest, the amount of bail set, the time and manner of release or the location where the individual is currently being held, and all charges the individual is being held upon, including any outstanding warrants from other jurisdictions and parole or probation holds.”
We intend to publish the results of our request as soon as they become available and force the Palo Alto police – “Out from behind the Palo Alto Police cloak of deception”.
Editor’s notes: Emails to city attorney Molly Stump and phone calls as to the status of our request have gone unanswered. City attorney Molly Stump is currently in violation of California Government Code & 6254 having failed to respond to the 10 day mandated requirement.
See related links below for more information:
Up-date July 23, 2012
The notorious PAPD Lt. April Wagner aka Chan/Wagner was forced to divulge sex crime data/complaints alleged to have involved Palo Alto massage therapist going back 10 years. Ms. Wagner previously claimed such data was unavailable due to among other things issues of confidentiality.
However, the law dictates otherwise and from our stand point view Ms. Wagner’s’ previous actions should be held in contempt.
It was only under the threat of a California Public Records Request Act- Writ of mandate that forced the Palo Alto PD to release the data.
From: Scheff, Lisa <Lisa.Scheff@cityofpaloalto.org>
Date: Wed, Jun 13, 2012 at 4:59 PM
Subject: PRA Request
To: “email@example.com” <firstname.lastname@example.org>
Cc: “Larkin, Donald” <Donald.Larkin@cityofpaloalto.org>
Hello, I was asked to [city attorney Donald Larkin] send this list to you regarding your PRA request for Case Numbers. Please click on the attached.
Palo Alto Police Department
Keeping in mind and based only on the information provided, there were no formal charges filed by the District Attorneys Office on any of the alleged sexual complaints or assaults.
Our conclusion was solely determined by city attorney Donald Larkin’s non-response to this question. The Palo Alto city attorney’s office is well known for its lack of Open Government and Transparency short of ligation.