The State of Laurie Smith’s Internal Affairs

Recently the Mercury News launched a large scale piece covering the sexual harassment of a former Sheriff’s Deputy Gary Brady and the subsequent interference in the Internal Affairs case against the accused, then Assistant Sheriff Laurie Smith.

Let’s set aside the sexual harassment charge, because there are disputes as to whether or not it happened. I assume it did, but I won’t make that the gist of this piece. What will be the focus is the fact that Laurie took evidence and interfered with the ability to successfully conduct an Internal Affairs investigation where she was the accused. Why? Because she admitted to this conduct to the media. She’s changed her story a couple of times, but she admitted that she took evidence.

There is a far larger impact to this case – evidence in an investigation, internal or otherwise, is legally sacrosanct and not interfering with evidence is the first rule of law enforcement.

There has been more than one case that Smith has interfered, ignored or significantly mitigated or exacerbated the result of internal affairs investigations for appears to be either personal gain or personal vengeance. We saw her repeatedly illegally release information in the investigations of Donald Morrissey and Lance Scimeca to numerous entities, both private and in them media. Regardless of your personal belief on the outcomes and what should or should not have happened in them, both saw the investigations violated by the very person who was elected to hold the fairness and trust of law enforcement in the palm of her hand and make sure justice can make a blind and fair assessment.

Another case is the investigation of her former PIO. As a deputy, he was investigated and found guilty of a fireable offense, filing false paperwork in order to cover up he was not doing his job while on duty. A handful of years later he has since been her Public Information Officer, and been promoted to sergeant and he is currently a lieutenant.

You may not be a fan of law enforcement and say so what in response to all this, but an investigation is an investigation. It doesn’t stretch the memory to recall the recently done Mercury News story on Joshua Klaver where Smith was accused of helping interfere with the investigation into a deputy who had been found guilty of abusing his son, subsequently resulting in the child’s suicide. You would think a deputy accused of such abuse would be immediately put on administrative leave until the issue was cleared. We saw that appropriate actions were not taken. Smith has spent decades swinging Joshua’s mother at the end of a pendulum based on Smith’s political and personal agenda at any given time. To this date she refuses to release records to the family telling them the case is “still open” even assigning the case to a detective and claiming he is still conducting an active investigation to this very day, while at the same time telling others the case is closed and resolved to it’s best possible conclusion. The sheer depth of time the sheriff has invested into manipulating the Klaver case rather than offering any real conclusion to a grieving mother is disturbing.

But it doesn’t stop there. Joshua’s case, like the current case of former Deputy Brady, shows the sheriff’s corrupt actions have been long standing from the beginning of her climb to power. Today we can still see efforts to interfere in cases involving the public for her political benefit, her friend’s benefit, her internal benefit, all in an attempt to cling to power she has severely abused over the years.

The case of Audrie Pott where now Assistant Sheriff Binder sent a School Resource Officer to write citations for bullying after the sexual assault and subsequent suicide of Audrie. This would have effectively ended the investigation into the perpetrator’s crimes if deputies at West Valley hadn’t found out that Binder had completely circumvented the entire chain of command to write this case off with citations. Deputies stepped up to demand an investigation happen. As it was, evidence was lost and the suspects, at least one of which had a father who was friends with the sheriff, saw insignificant sentences for their actions because the lack of evidence that would have allowed harsher sentencing.

There’s the case of Sierra La Mar where the sheriff was more interested in saving money, telling the media even after her clothing had been found, that the case was still being treated as if she was a runaway. She the refused to work with other organizations in a timely manner to try to find Sierra, who to this day remains missing and believed dead.

There is case after case of willful interference or negligent disregard for the investigative process that we can currently name – the fact she was removed from the Medical Examiner’s office after accusations by Dr. Michelle Jorden of interfering with their cases, the De Anza rape case are another couple that come to mind off hand.

While you may be shrugging off a case that is 25 years old, or an act of sexual aggression and retribution that you don’t believe happened, believe that the sheriff, by her own admission, interfered with the evidence.

As the saying goes, when someone tells you who they are, believe them.

2 thoughts on “The State of Laurie Smith’s Internal Affairs

  1. UPDATE – April 19, 2018 – We received a phone call from Lt Cardoza at 7:22 am California time to inform us of his bosses commitment that the investigation was still very much open and active with investigators assigned and with that knowledge it reminds me of the past blog post that I truly wanted to respond to but page space for comments was a issue, I didn’t want you to think I ignored you. Kathleen you are correct that i did reach out to you- as a stranger on facebook, at the time I was dropping my story on anyone who looked remotely close to law enforcement and you did respond with kindness, you introduced me to Robert Lopez, the President of the Fraternal Order of Police, I spoke with him on the phone for some time and he told me Joshua was a victim of a crime by the SO and after his death so was I, He said he would be back in contact me with, he spoke of people I could speak with for spiritual guidance because we all know I walk a bumpy path with you all. He gave me his email and asked to me to send him a email so he had mine, I did as he asked but I never heard back from him, What I did get was – What is it that you want from us ? from you. In your response you ticked off all the reasons why you are not the person to publicly talk about issues so I think you should explain that to the organization you work for. But then you toss at me that you confronted Sheriff Smith about this investigation and she told you I was a liar. Just to point out a few things my contact with you and Robert was in 2013 then silence. . It’s 2018 and you are finally confronting Sheriff Smith and tossing her liar statement at me as if you believe her so for me it seems you have a more personal relationship with her if you have that kind of access to her and you waited over 5 years to say anything to her but thank you for stepping up.

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  2. I’m Joshua’s mom and I think I will always have something to say as long as this continues and today I’m drawn to speak about Sheriff Laurie Smith’s definition of a investigation, a word she has painfully tossed at me for years and this time the Re-Opening of the 2014 (investigation) is on my mind. . In between the emails below were many phones calls between my husband and Capt Dan Rodriquez, First we were told the investigation reopened then we were told it never closed, Which is it Deputy Dan ? After a few times of telling us he could not share information pertaining to the investigation he stopped taking our calls – A Captain of the Santa Clara County Sheriff’s Office afraid to take a call. I can see the training Sheriff Smith offers her staff on the 4th floor has proven to be extremely useful for you when it comes to protecting Sheriff Smith’s misconduct. She said possible cover-up of information into Joshua’s death on the pod-cast and you still step up for her while stomping on my heart, my sadness, My Anger !! I think all of you on the 4th floor dropped your badges in the gutter where they have sat for years. I honestly do not understand the attachment of protection you all offer her self imposed power but I think it most likely carries some shame with it at the same time, how could it not.

    Lt Jose Cardoza – Multiple calls with my husband
    Acknowledged ongoing open case with detectives assigned. re-opened then never closed – At least they stuck to the same talking point.
    He has always returned our calls quickly but we felt early on he really did not want to be doing this with us when he said he couldn’t tell us anything. He was the chosen one and Dennis and I carry more respect for him from that fact alone. I look back over the investigation that opened in 2014 and I can see that Deputy Frank Zacharisen was in the same spot with her but at the time I was harsh .

    Sheriff Smith – I save emails like these and the contact I had with the DA’s Office when he shared with me that you had closed the case unknown to us in 2015. .You told him you had questioned B.Klaver when you had not and in a blink the case was reopened and you placed the President of the DSA, Deputy Donald Morrissey on Joshua’s case. 18 months after the case first opened and dripping with 4th floor misconduct. I’ve asked myself many times since why you would place this deputy who had on-going legal issues with you that were very public knowledge. He filed a lawsuit against you and in the middle of what you were publicly saying about his deputy talents you placed him on Joshua’s case, I find it very possible that you wanted his hands to be the last to touch the investigation so my wrath that is known so well would come down on him. You made a mistake thinking I would rip into another deputy like I did with Frank . The wrath is all yours and has been but you keep tossing employees out in front of you.

    The Investigation – This does not cover the exact dates and issues of contact with the Sheriff’s Department before and after Joshua’s death from 1984 – 1991 you can find that information here – http://justice4joshua.com When Sheriff Gillingham and UnderSheriff Smith engaged the cover-up she spoke of on the podcast and I will never understand why the Mercury News left this information sitting there on the podcast while giving Sheriff Smith cover for conducting the 2014 disaster which they all refer to as a investigation, it was a repeat of 1990-91 CDRT – it was a repeat of 1989 when Joshua died – it was a repeat of the day at Joshua’s school 1985 – It was a repeat of the call from Joshua’s school the Department responded to in 1984 . My head is spinning from the repeats !!

    Opened – Spring of 2014 just before the election
    Closed – Unknown to us – Fall 2015
    Re-opened -A month later – Fall -2015
    Closed – November -2016
    POD-CAST – Spring -2017
    Re-opens or never closed – not sure which at this time – 2017

    It is now April 9th 2018 and Captain Dan Rodriquez still will not return our calls and Sheriff Smith has turned to calling me a liar. Step to the mic where I will join you and call me a liar to the public instead of your inner circle who in turn will spread your lies to others for you. You live in so many layers of misconduct I don’t even know where to start. O wait I do, it’s on my blog.

    INVESTIGATION 2017-2018 – Put up or send me a document stating The Santa Clara County Sheriff’s Department run by Sheriff Laurie Smith has conducted a in-depth investigation and our findings are we didn’t do our damn job Again, case closed. . Just say something to me, tell me you have closed Joshua’s investigation in writing. What in the hell is wrong with you people, I have ptsd that has been triggered by this investigation since 2014, it knocks me to my knees, I do not wake up in the morning I am slapped awake with painful anxiety, some days I can walk through it but most days I sob the pain from me as if it has a life of its own. Do you hear me ?? Send me the damn letter so I can purge myself of you !! Do you think I would lie so I can linger in your presence ?

    After the podcast I filed with Sheriff Smith directly that we wanted the extended version of what the Klaver’s neighbors were saying on the podcast because they put a huge rip in the Klaver’s timeline, This is the email contact since then mixed with many phone calls. The email contact ended when I asked for the names of the investigators.

    On Sep 6, 2017, at 5:49 PM, Roth, Jennifer wrote:

    Ms. Atkins,

    On behalf of Sheriff Laurie Smith, thank you for your email below. We will forward this to the assigned detectives.

    Thank you,

    Jennifer Roth | Confidential Secretary to Sheriff Laurie Smith County
    of Santa Clara Office of the Sheriff
    55 W. Younger Avenue, San Jose, CA 95110
    (408) 808-4914 | jennifer.roth@shf.sccgov.org

    —–Original Message—–
    From: Kathy Atkins [mailto: email removed]
    Sent: Wednesday, September 06, 2017 3:29 PM
    To: Roth, Jennifer
    Subject: Re: Joshua Klaver

    Ms Roth, Thank you for contacting me with this information, Could you please also pass on to the detectives that I would like them to look into what Sheriff Winter and the two retired deputies had to say on the podcast about my son’s death, Thank you for your time, Kathy Atkins

    Ms. Atkins,

    I have forwarded your second email as you requested.

    Thank you,

    Jennifer Roth | Confidential Secretary to Sheriff Laurie Smith
    County of Santa Clara Office of the Sheriff
    55 W. Younger Avenue, San Jose, CA 95110
    (408) 808-4914 | jennifer.roth@shf.sccgov.org

    # More non informative phone calls –

    —–Original Message—–
    From: Kathy Atkins [mailto:email removed]
    Sent: Thursday, September 21, 2017 11:22 AM
    To: Roth, Jennifer
    Subject: Re: Joshua Klaver

    Ms Roth, I would like to know if a new investigation has opened into my sons death. Could you please check with Sheriff Smith, I have the right to know if this is happening

    Thank you, Kathy Atkins

    On Sep 28, 2017, at 3:32 PM, Roth, Jennifer wrote:

    Ms. Atkins,

    The Detectives have all information to date and will follow up if further investigation is indicated. Sheriff Smith also received a voice message from Dennis Atkins today. She asks that you relay this response to him as well.

    Thank you,

    Jennifer Roth | Confidential Secretary to Sheriff Laurie Smith
    County of Santa Clara Office of the Sheriff
    55 W. Younger Avenue, San Jose, CA 95110
    (408) 808-4914 | jennifer.roth@shf.sccgov.org

    By this time I had enough of the phone calls and the emails

    On Sep 28, 2017, at 7:00 PM, Kathy Atkins wrote:

    Ms Roth, Tell Sheriff Smith that the IF plan does not work for me, The neighbors statement changed the Klaver’s timeline of events, I want them questioned now. I filed a complaint with the Attorney Generals office about this already and if Sheriff Smith refuses to question these people in a timely manner out of respect for Joshua then I will address them again.

    On Sep 28, 2017, at 10:12 PM, Kathy Atkins wrote:

    Ms Roth, Could I please get the names of the Detectives this information is being passed onto ?

    Email Silence, We still had phone contact after this and we were told each time that they ( the Sheriff’s Department ) could not share any information with us at this time and they are standing by that over and over again. At first I thought it was because of my blog site and my habit of sharing the misconduct that has been placed before me but time has slipped past that mindset and I find myself in a repeat cycle

    By mid October 2017 they made it very clear that a investigation was fully opened so I stopped once again questioning their intentions for awhile. I recall the date because I was staying at a very picturesque trauma healing facility and smack in the middle of my file the issue is documented very clearly of learning this while in treatment for my knock me to my knees ptsd. I also have email notes I’ve sent out to a friend, the DA’s Office and at times the AG’s office after all contact with the Sheriff’s Office for years now and this one I’m looking at is about a phone call my husband had with Lt Cardoza this past January 2018 – We were told that no information about the case will be shared with us at this time. Again. I’ve heard the words to Protect and Serve since I was a child, Ask yourself, What are they really committed to on the 4th floor or who ?

    I remember the day Joshua died and the Sheriff’s Department refused to speak with me and here we are once again.

    Kathy Atkins
    Joshua Klaver’s mom

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