HomeMy WebLinkAboutClosure 20TR-0007 w Rebuttal_RedactedCity of Petaluma, California
Memorandum
Police Department, 969 Petaluma Boulevard North, Petahuna, C4 94952
(707) 778-4372 Fax (707) 778-4502 E-mail: policeadmin a citrofpetaluma.orr
DATE: December 28, 2020
TO: IA File 20TR-0007
FROM: Brian Miller, Deputy Chief�'���g
SUBJECT: Internal Affairs Investigation Status- Closed/Sustained
Sergeant Novello resigned on October 12, 2020 prior to the completion of the disciplinary
process related to this investigation. This investigation is otherwise considered completed
effective December 24, 2020. Attached is a rebuttal to this investigation submitted by Sergeant
Novello dated December 22, 2020.
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RLSRAINS LUCIA STERN
ST. PHALLE & SILVER, PC
Andrew M, Ganz
Attorney at Law
AGanz@RLSla%vycrs.com
December 22, 2020
VIA EMAIL TO [JGREEN@CITYOFPETALUMA.ORG] AND FIRST CLASS MAIL
To: Personnel File
Petaluma Police Department
c/o Jordan Green, Esq., Assistant City Attorney
I I English Street
Petaluma, CA 94952
Re: Sergeant Lance Novello — Internal Affairs Findings in matters 20TR-0005,
20TR-0006 and 20TR-0007
To whom it may concern:
Please allow this letter to serve as a rebuttal and response, on behalf of Sergeant Lance
Novello, to the findings and other information and conclusions contained in the three above -
referenced internal affairs matters. Please place this letter in his personnel file upon receipt.
Summary
Sergeant Lance Novello served the Petaluma Police Department (the "Department") with
honor and pride for approximately two decades. For the year 2015, he was named "Officer of
the Year" by the Department. In explaining his selection to a news reporter covering the
occasion, then -Chief Patrick Williams praised Sgt. Novello for his exemplary detective work, his
humility and his embracing of the community -oriented approach known as "Petaluma Policing."
Chief Williams stated that Novello, "understands that we make a difference, and he cares about
Petalwna."
Yet somehow, suddenly, on October 12, 2020, all this seems to have changed. The
Department opened up three separate Internal Affairs ("IA") investigations against Sgt. Novello
on that date (hereafter referred to as the " ' and 'investigations). While
Sgt. Novello was led to the impression that the matter was so obviously not misconduct
that he would not even need to be interviewed, and that the matter would not be addressed
until the Sonoma County District Attorney completed their process, that quickly changed. The
DA notified Sgt. Novello that he was being charged with misdemeanor battery in the matter
for an incident so absurdly inappropriately charged, that in all of my combined approximately 15
years of practice (most spent as a prosecutor), I cannot think of a worse example.
Now, the Petaluma Police Department was going to go full steam ahead with their
investigation, and the timing was urgent. Of course, conduct that just moments earlier was
deemed not worthy of proceeding on immediately was now a burning priority at the moment
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Re: Sergeant Lance Novello
December 22, 2020
Page 2
some bad publicity might come the Department's way, regardless of the validity of the
allegations. He was now being forced to either; 1) fight for a job with a Department that decided
to turn its back on him when he needed its support most, and participate in internal affairs
interviews that could be accessed by the District Attorney in his criminal case; OR 2) retire.
Despite wanting to take part in interviews and address these absurd allegations, considering the
legal advice given, he opted to leave the career he once loved.
Rebuttal
"To keep the peace and enforce the law, a police department needs the confidence
and cooperation of the community it serves. Even if not criminal in nature, acts of
a police officer that tend to impair the public's trust in its police department can be
harmful to the department's efficiency and morale. Thus, when allegations of
officer misconduct are raised, it is essential that the department conduct a prompt,
thorough, and fair investigation. Nothing can more swiftly destroy the
community's confidence in its police force than its perception that concerns raised
about an officer's honesty or integrity will go unheeded or will lead only to a
superficial investigation." Pasadena Police officers Assn. v. City of Pasadena, 51
Cal. 3d 564, 568 (1990).
When these words were written, the world was a different place. There was no internet
(the "world wide web" did not come into public use until August of 1991). There was no social
media. There was no false narrative about police officers being evil and violent. There were no
police chiefs and district attorneys being made to feel that they will be run out of town for
allegedly not doing enough to curb this made-up epidemic of police misconduct.
But, that is the world we live in today, at least as of the time of this "investigation" and
the writing of this letter. After nearly 20 years of honorable service with the Petaluma Police
Department, suddenly, and in almost precise correlation to anti -police protests erupting around
the country, Sergeant Novello was being investigated by this Department for three incidents
involving alleged improper use of force and/or discourteousness to citizens. These investigations
also just so happened to be initiated just after the Sonoma County District Attorney decided to
file misdemeanor battery and assault charges against Sgt. Novello for the'
incident.
As to the incident, one truly needs to watch the body worn camera ("BWC") footage
in order to truly appreciate the absurdity of criminal or administrative charges against Sergeant
Novello. Ms (28 years old) showed up to the hospital alleging that her mother had run
over her foot, when it fact actually chased after her mother, who drove away to avoid being
attacked by her out -of -control daughter. When officers including Novello responded, was
yelling and screaming continuously for the entire encounter.
When Ms. walked toward Sgt. Novello, repeatedly demanding his badge number,
Novello took a slow and slight step toward her and he pointed to his chest, saying, "it's right
Re: Sergeant Lance Novello
December 22, 2020
Page 3
there." It appears that the two made the slightest of momentary contact in the stomach or chest
area. Ms. then began to berate Sgt. Novello at the top of her lungs, pointing a pen at him,
which she moved closer and closer. When she moved the pen just below his eyes and about an
inch away, Novello grabbed her wrist and held it down to prevent himself from being stabbed or
having his eye punctured. This moment is depicted below:
The District Attorney acknowledges that this act was in self-defense, and is prosecuting
Sgt. Novello for the alleged "chest bump."
mother got it exactly right when she told police on scene that i was "playing
the victim" in relationship to the false allegation that her mother assaulted her by running over
her foot. Ms. did the same thing here. She lied and said that Novello "pushed" her,
"literally punched" her, "cracked" her wrist and touched her "tits." She went on to say, "at least
I'll get a lawsuit out of it," and that she was suing everybody, "so I'm getting paid." She even
called one officer present an "Uncle Tom." Ms. used her race throughout the incident as a
cudgel and a threat.
Ms. mother also let officers know that : was "very vindictive." Once again,
that played itself out here. took her lies to the Petaluma Police Department, and the District
Attorney's Office. The timing of her baseless allegations could not have been better for her to
Re: Sergeant Lance Novello
December 22, 2020
Page 4
"get paid," as discussed above. She has hired an attorney to pursue her "payout," but in the
meantime, she was able to get these two agencies to scramble for political cover.
At the time of the writing of this letter, the misdemeanor charges are pending against
Sergeant Novello. If he can get a fair trial, he will be acquitted and vindicated. Anyone who
reviews this video and knows the legal requirements for these charges will be able to quickly
recognize that. A lay person would be able to easily see that no crime was committed here (other
than the assault committed by Ms. � I.
Rather than take the prudent and fair approach of merely waiting for Sergeant Novello's
acquittal of criminal charges to occur, the Petaluma Police Department chose to "get out in front"
of potential bad publicity that might result from not immediately condemning Sergeant Novello
(truth and fairness be damned). The Police Department chose to separate itself from even the
accusation that they condoned such awful behavior, particularly where the issue of race was
conveniently injected in to the mix.
With the Petaluma Police Department, Ms. had the good fortune to find Lieutenant
Ed Crosby as the person investigating her claims of misconduct. Crosby (as he mentions not
until page 21 of his investigative report in this matter) had a prior relationship with 1 as the
investigator into her being a victim of an apparently serious domestic violence incident just a few
years earlier. That was also not too long after Petaluma Police recommended she be charged in
another matter for knowingly making a false report of a crime to law enforcement in an unrelated
case. Crosby mentions in his report here that expressed appreciation to him for his work on
that prior domestic violence case.
Lo and behold, given all of the above -described context and background, Crosby
sustained Novello for 8 of the 9 violations alleged. Then there were the' and "
matters. Sergeant Novello was found by Crosby to have violated a policy regarding courteous
conduct for having a long heart-to-heart with a woman whose mentally ill adult son was causing
her to have to regularly contact the police. He spent a long time talking to her, which included
some instances of "tough love". This was in the spirit of community policing that he embraced
and which helped gain him the Officer of the Year award in 2015.
In the matter, Crosby sustained Novello on all 3 allegations, for attempting to
take into custody a woman who resisted arrest. Again, the theory would have to be that all of the
sudden, after approximately 20 years of being an upstanding member of the Department, who
was promoted to Sergeant, Novello (in a span of a few weeks) became a violent, policy -violating
liability.
Sergeant Novello did not change all of the sudden in the summer and early fall of 2020.
Other things did. As a result of these events, now facing these absurd criminal charges, Novello
opted to retire rather than take part in what was sure to be, and ultimately clearly was, a sham
investigatory process, as far from "fair" as one could imagine.
Re: Sergeant Lance Novello
December 22, 2020
Page 5
To whomever might read this in order to assess the allegation, please do not do what the
Sonoma District Attorney and Petaluma Police Department did. Under the perceived threat of
negative political consequences, it was more expedient to sacrifice Lance Novello. This is
undoubtedly the easy thing to do; however, doing the "right thing" and doing the "easy thing"
are very often not the same.
Before coming to any conclusions, please actually look into the facts of these allegations
(again, the video in the incident is the best and quickest window into the truth here). Please
consider the context. Please give him the fair shake that he was not given in this internal affairs
process.
Sincerely,
RAINS LUCIA STERN
ST. PHALLE & SILVER, PC
%�Iy
Andre anz, Esq.
Cc: Lance Novello (via email)
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