County Supervisors were agitated this week after learning that a
long-time District Attorney special investigator may have acted
outside the law and possibly opened the county up to several civil
lawsuits by falsely claiming to be a police officer.
Hollister – County Supervisors were agitated this week after learning that a long-time District Attorney special investigator may have acted outside the law and possibly opened the county up to several civil lawsuits by falsely claiming to be a police officer.
Questions about Special Investigator Andy Simpson were first brought to the attention of supervisors in 2005, but came to a head this week when County Counsel Claude Biddle determined that Simpson was not qualified to be a special investigator, much less to act in the capacity of a police officer by requesting and serving search warrants.
The issue arose when Simpson stated that he was a peace officer in a request for a warrant to search MK Ballistic Systems, an ordnance and munitions manufacturer in rural San Benito County, believed to have been storing, handling and disposing of explosives and toxic waste without proper federal permits. No charges have been filed in the case.
Simpson is not certified by the state Commission on Police Officer Standards and Training and cannot serve as a special investigator or to act as a police officer, Biddle wrote to District Attorney John Sarsfield in a letter to obtained by the Free Lance. Biddle had requested that POST officials conduct a formal review of Simpson’s qualifications, according to the letter.
Despite Biddle’s assertions to the contrary, Sarsfield believes Simpson – who has worked for the DA for several years on a irregular basis – is qualified for the position and is asking the California Attorney General to make a final decision on the matter. Before hiring Simpson as an investigator, Sarsfield said he received a letter from the District Attorney’s Association saying Simpson was qualified for the position. And, Sarsfield said he directed Simpson to get the warrant and conduct the search in good faith.
“This is much ado about nothing,” Sarsfield said. “He’s clearly qualified to work as a state investigator and we think he is also qualified as a county investigator, but we’ll ask the Attorney General about that.”
The news that Simpson never obtained the proper credentials to serve as a special investigator also sparked frustration from top-ranking law enforcement officials throughout the county. Sheriff Curtis Hill asked Biddle to clarify Simpson’s status after receiving a letter from an attorney representing MK Ballistic’s owner Mike Keith about the matter.
“We, as a community, need to be assured that qualified people are out there carrying guns and badges,” Hill said. “I wanted to know (Simpson) was a police officer and county counsel has determined that he is not.”
Hill said he was not investigating Simpson for any crime, but he needs to know if he was qualified for the job in order protect residents and law enforcement officials from mistaking him as a police officer.
Sarsfield said Hill should focus on his own department instead of being concerned with the district attorney’s office.
“Perhaps if he was there more often,” Sarsfield said, “his department wouldn’t be getting sued for beating up old men, releasing the names of sex offenders, having his deputies prosecuted for fracturing peoples’ skulls or shipping poor people out of the county under threat of arrest.”
Hill refused to respond to Sarsfield, but said “the truth always wins out.”
County supervisors are particularly concerned about the search warrant Simpson served on MK Ballistic Systems last November. Local defense attorney Greg LaForge, representing Keith, warned the Board of Supervisors last week that Simpson violated his client’s Fourth Amendment rights by claiming to be a police officer when he secured a search warrant from the San Benito County Superior Court.
“Sarsfield can’t have a modern day secret police force. I don’t think the citizens of this county would tolerate such conduct,” LaForge said. “If any one should be charged in this case, it should be Mr. Simpson for impersonating a peace officer.”
Sarsfield said such claims are unfounded and raised questions about LaForge’s own investigators.
The Board of Supervisors, concerned that Keith could sue the county, asked Sarsfield to stop using Simpson as an investigator on Tuesday, Supervisor Anthony Botelho said.
“I’m just trying to minimize the risk to county, I’m not trying to punish Mr. Simpson,” Botelho said. “I’m trying to avoid needless litigation by making sure the right people are in the right positions. Mr. Sarsfield should know better.”
County Supervisors will be discussing the potential litigation in a special closed session meeting on Monday, Botelho said. Sarsfield, however, said he would demand the board’s discussion on this matter be public.
“The board wants to talk in closed session,” he said. “But I’m going to insist that we talk in open session about this – we have nothing to hide.”
Supervisor Reb Monaco was surprised when he heard Simpson had been used as an investigator last week. Monaco said the Board of Supervisors asked and Sarsfield had agreed last February to stop using Simpson as an investigator or process server due to concerns about the county’s liability.
Questions first arose about Simpson last summer when a number of high-ranking county officials, including Hill and Monaco, voiced concerns that Simpson had shown up to traffic stops possibly toting a gun and wearing a badge, which he is not authorized to do because he’s not a state-certified peace officer. Those allegations were determined to be “absolutely false” after an internal investigation into the incident, Sarsfield said.
Monaco believes Sarsfield reneged on his agreement and is concerned about the county’s liability and the search warrant Simpson served on MK Ballistic Systems.
“That’s violating people’s constitutional rights that I was sworn to uphold,” Monaco said. “We had made an agreement not to use this person, yet (Sarsfield) has turned around and used him.”
Sarsfield disagreed.
“They may think there have been promises made,” he said. “But the county is in breach of several contractual agreements itself.”
Sarsfield declined to elaborate.
While frustrated by Sarsfield’s actions, Monaco said there is little the Board can do.
“The only control over Sarsfield is the Attorney General,” he said. “The only recourse we have is to call the Attorney General’s office and apprise them of our concerns.”
Although the Board has not decided whether to take the matter to the Attorney General, Sarsfield said he planned to go that direction regardless.
“It is for the Attorney General to decide,” he said. “It has implications for not only my office, but for district attorneys throughout the state with similar practices.”
LaForge declined to comment on whether Keith would file suit against the county. Keith’s company had been searched on suspicions that it improperly stored munitions and might be polluting the environment, but charges have not been filed against him, according to court records.
Brett Rowland covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 330 or [email protected].
