SFPD Chief, DA to meet privately about future of police use-of-force investigations
SFPD Bill Scott and District Attorney give a joint press conference before a feud erupted between the two top law enforcement officials.
SAN FRANCISCO - San Francisco Police Chief Bill Scott and District Attorney Chesa Boudin were set to meet privately Monday in hopes of patching up a strained relationship between the offices and determine who will serve as lead investigator in police abuse cases going forward.
The state Department of Justice, the San Francisco City Attorney’s Office and Mayor London Breed’s office will work with the two top law enforcement officials to mediate terms of a new agreement – or memorandum of understanding -- about who will serve as the lead investigating agency on police shootings and excessive force cases.
"We are all working together to support the parties to swiftly and collaboratively reach an agreement on the terms of an amended MOU that address the significant issues of compliance, accountability, and mutual expectations," the mayor, city attorney and state Attorney General said in a joint statement on Monday.
The meeting between the two top cops comes two days before the city Police Commission is set to possibly take action following the chief’s decision to pull out of an earlier agreement that gave the district attorney lead authority in the use-of-force investigations.
The agreement was first signed in 2019 and was seen as one of the pillars of reform that Scott has been overseeing since being appointed chief five years ago.
But things were thrown into chaos last month when Magen Hayashi, an investigator with the DA’s office, testified that she was pressured to withhold exculpatory evidence by the prosecutor in a police abuse case that’s currently in trial.
Despite Hayashi's claims, the judge in the case found that the omissions in the arrest warrant for Officer Terrance Stangel did not violate his due process.
Hayashi’s testimony also included accusations that the district attorney’s office has a culture of not sharing information with the police investigators, which is as required by the most recent version of the MOU.
Chief Scott on Monday praised the announcement from the Bonta, Chiu and Breed's offices, while adding that the rift began with "significant issues of compliance that eroded my confidence in the integrity of my agreement with District Attorney Boudin’s office."
"I stand strongly for the principles of accountability and transparency, which are foundational to all 21st century police reforms — including those involving uses of force and officer-involved shootings," Scott said in a statement. "But accountability and transparency must be mutually honored by both parties in agreements such as these. I am hopeful that rigorous protections can be put in place to restore and then guarantee the ‘two-way street’ moving forward, which according to the sworn court testimony of an SFDA investigator that office systematically abandoned."
Boudin has been adamant that his office did nothing improper and even accused the chief of violating the agreement between the offices. He sent a pointed letter to the chief last week, defending his office and the need for independent oversight in police abuse cases.
"I want to be clear: your decision to walk away from this agreement will not stop the District Attorney’s Office from working to protect the residents of San Francisco harmed by police violence," Boudin wrote.
The Police Commission – the city's civilian police oversight body -- last week scolded the chief about pulling out of the agreement without consulting them. Some members suggested they will force the chief to stay in the agreement if he and Boudin’s office don’t work things out.
Evan Sernoffsky is an investigative reporter for KTVU. Email Evan at evan.sernoffsky@foxtv.com and follow him on Twitter @EvanSernoffsky.