HomeMy WebLinkAboutEXHIBIT R2 20TR-0005CITY OF PETALUMA, CALIFORNIA
MEMORANDUM
______________________________________________________________________________
Police Administration, 969 Petaluma Boulevard North, Petaluma, CA 94952
(707) 778-4370
DATE: September 10, 2020
TO: Officer Nick Raccanello #2745
FROM: Ed Crosby, Lieutenant
SUBJECT: INTERNAL INVESTIGATION #20TR-0005
________________________________________________________________________
This notice is to inform you that the Petaluma Police Department is currently investigating the
on-duty conduct of Sergeant Lance Novello that occurred on or about Monday, July 20, 2020.
Specifically, the investigation concerns possible violations of Petaluma Police Department
Policy 340 pertaining to use of force and unprofessional language and conduct.
It is my understanding that you were a witness to this incident, and you will be interviewed in
that context.
The following Petaluma Police Department Policy sections apply to this investigation:
Petaluma Police Department Policy section 340.5.9 (b), Conduct:
Unreasonable and unwarranted force to a person encountered or a person under arrest.
Petaluma Police Department Policy section 340.5.9 (c), Conduct:
Exceeding lawful peace officer powers by unreasonable, unlawful, or excessive conduct
Petaluma Police Department Policy section 340.5.9 (f), Conduct:
Discourteous, disrespectful, or discriminatory treatment of any member of the public or any
member of this department or the City.
Petaluma Police Department Policy section 340.5.9 (g), Conduct:
Use of obscene, indecent, profane, or derogatory language while on duty or in uniform.
Petaluma Police Department Policy section 340.5.9 (m), Conduct:
Any other on or off-duty conduct which any member knows or reasonably should know is
unbecoming a member of this department, is contrary to good order, efficiency, or morale, or
tends to reflect unfavorably upon this department or its members.
I will be the Investigating Officer and sole interviewer. Please check with me as soon as possible
regarding your availability for an interview.
ADDENDUM (September 10, 2020):
It is my understanding that you were recently interviewed as a WITNESS by investigator(s) of
the Sonoma County District Attorney’s Office, who are conducting a separate criminal
investigation relating to the aforementioned Petaluma Police Department policy violations.
To clarify, per California Government Code section 3304 (a), “Nothing in this section shall
preclude a head of an agency from ordering a public safety officer to cooperate with other
agencies involved in criminal investigations. If an officer fails to comply with such an order, the
agency may officially charge him or her with insubordination.”
This means, as a law enforcement officer and a WITNESS in a criminal investigation, you could
be compelled to cooperate with the outside agency conducting a criminal investigation, and you
could also be compelled to provide a statement as part of an internal affairs investigation.
I was not present during (nor did I remotely monitor) your interview with investigator(s) from
the Sonoma County District Attorney’s Office; as of this writing, I have not listened to nor
viewed any audio/visual recordings of your interview. No reports, notes, findings, etc. have been
shared with me by the Sonoma County District Attorney’s Office. My internal affairs
investigation was put on hiatus when the Sonoma County District Attorney’s Office opened its
own investigation.
When the Sonoma County District Attorney’s Office completes its investigation, my intent is to
request copies of the recording(s) of your interview and review the recording(s) for use in my
internal affairs investigation. This will likely and preferably relieve you from having to be
interviewed a second time on this matter, although the possibility exists depending on what (if
any) follow-up questions I may have.
After I have reviewed the recording of your interview with the Sonoma County District
Attorney’s Office, I will notify you as to whether I wish to interview you further on this matter.
If I decline to interview you further but you request to add additional and/or clarifying statements
to the record, please let me know and I will accommodate you.
Sincerely,
Lt. Ed Crosby #1749
Petaluma Police Department
707-778-4325
ecrosby@cityofpetaluma.org