June 4, 2008
Lt.Tim Morgan:
I called you yesterday and was advised by dispatch that you would be out of the office until at least Thursday. I left you a rather long message explaining some of my legal concerns with your (PAPD's) proposal re interviewing one of my clients and my need to do some additional legal research re the PAPD's proposed protocol for interviewing clients. The new proposed protocol raises a wide variety of legal concerns some of which do not lend themselves to a quick off the cuff answer. I also have a call in to the city attorney re my concerns with PAPD's-- apparently-- new proposed protocol. I fully intend to have my client file a complaint against the PAPD re the incident you refer to--- but need to do the necessary legal research to protect my client's legal rights before proceeding. I suggest you give me a call when you return to work to discuss this critical matter. Sincerely,
Aram B. James
Attorney at Law
State Bar # 80215
(415) 370-5056
P.S. I do not recall requesting the below protocol --my recollection is you called me re the interview in question and on your own sent the below PAPD proposed protocol. If your recollection is different-- so be it.

• "Morgan, Tim" <Tim.Morgan@CityofPaloAlto.org> wrote: Aram, I have not heard from you about the interview of ( Client's named redacted--by attorney Aram James) regarding a complaint about police misconduct at ___-( address of alleged incident of misconduct redacted by attorney Aram James) . If I do not hear from you by the end of the week, I will assume that he does not wish to be interviewed regarding the events of that day and will continue my investigation into the matter without his statement. Please let me know by Friday June 6, 2008.

Thanks,

Lt. Tim Morgan

<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />Aram,  

Below in bold is the information that you requested regarding attorneys or other support persons being present during the interview process of persons who witness or allege police misconduct. I understand that you will not be returning until June 2, 2008 from vacation. Please contact me as soon as possible, but prior to June 8, 2008 to set up an interview with ( Client's name redacted by attonrey Aram James)    

If you have any questions please do not hesitate to contact me.  

Thanks  

Tim Morgan  

The Palo Alto Police Department understands and agrees with the need for community members to be comfortable with police interviews about police misconduct. With this understanding in mind, the police department allows for community members to have a support person present. This support person, who may be an attorney, cannot interfere, provide additional comment, provide direction to the investigator, nor are they allowed to interrupt the interview.  

The purpose of the attorney, at this type of interview is to protect the rights of their client, not investigate the alleged misconduct. Attorneys, who may be present, may ask limited clarifying questions at the end of the interview.  

If the support person or attorney interferes with the interview, and refuses to stop, the interview will be stopped and the support person will be asked to leave. The community member can then decide if he/she wishes to continue the interview.     Received on Thu Jun 5 09:16:38 2008