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Frustrated with inaction by the Kern County District Attorney’s office, the city of Tehachapi has formally asked the county grand jury to investigate disturbing e-mails that were sent to council members and other public officials earlier in the year.
Mayor Deborah Hand and City Manager Greg Garrett, with the assistance of counsel Tom Schroeter, drafted a letter that was faxed to the foreperson of the grand jury last Friday, asking for an investigation.
The letter contained copies of the offending e-mails. The city released the contents of the letter to the public but legally is not able to release copies of the e-mails, according to Chris Kirk, executive assistant to the city manager.
Following Schroeter’s explanation of the grand jury system at the city council meeting last week, council members Ed Grimes, Linda Vernon, Phil Smith and Stan Beckham voted 4-0 to draft the letter. Mayor Hand was absent.
The matter has been in the hands of the Kern County district attorney for many weeks. District attorney chief investigator Larry Bentley said several weeks ago that the matter “is on the back burner” and “we don’t know if we have a crime yet.”
County firefighter Shane Reed, who is running for Tehachapi city council and under whose name the e-mails were sent fraudulently, according to investigators, called on the city council at its June meeting to put the matter before the grand jury.
The investigation started with the Tehachapi Police Department, which turned its findings over to the district attorney, and Police Chief Jeff Kermode would like to see some action.
At the city council meeting, Kermode said, “Certainly at this point I share the same frustration that some of the council members feel that we have not had a resolution. Had this remained our investigation certainly we would have taken it to the full extent possible. When I turned it over to the DA’s office it then becomes their investigation.”
Council member Ed Grimes said, “I think we should go on record to get to the bottom of this. We as a council owe it to the people in the city. Whoever did this, whether it’s one person or two persons… I think it indicates that that person or persons are sick.”
The content of the e-mails, Grimes said, “deals with spreading hate. It think it deals with the issue of trying to put people down and that’s not Tehachapi, folks. I think it is our responsibility as a council to make sure that all avenues of investigation are done and I think it’s also important that a grand jury knows that we want it referred to them for investigation. That’s why I say let’s do it.”
Council member Phil Smith said, “There are so many rumors that they should take a look at it…The citizens want to know what’s going on.”
Council member Stan Beckham suggested that the targeted parties might consider civil action.
“Isn’t it true that anybody who feels that they’ve been misused or misguided, that they have civil litigation that they can proceed with?” Beckham said.
Schroeter responded to Beckham, “I’ve read the e-mail and I think Mr. Grimes properly characterized it. It was an intimidating, demeaning, threatening piece of e-mail. Those who were named in it and were attempted to be demeaned and threatened and intimidated are not the kind of people to sue anybody. I guess they could sue if they know who did it. It’s a very explosive proposition and would probably engender more e-mails. So from that standpoint, yes is the short answer to your question. Yes, they can sue.
“The more practical answer is, no, I don’t think, knowing those people, they’re not going to go out and sue somebody. That doesn’t mean you can’t send it to the grand jury as an alternative remedy to suit.”
Schroeter, giving the council a capsule explanation of the relationships of the legal entities involved, said, “The DA, for one reason or another, may take the case to the grand jury for an indictment. The DA also has the option of avoiding the grand jury entirely and just going to court and filing a criminal complaint.
“But sometimes generally with political matters they will take it to the grand jury to get a reading from the citizens on that body as to whether this particular activity that the DA thinks is criminal [should result in] an indictment.”
Schroeter continued, “In this particular case the matter is already at the DA’s office for investigation. It would be up to the DA to take the matter to the grand jury.
“But I think it’s important to note that any citizen and this body can refer something to the grand jury.”
Schroeter said that the grand jury is made of 18 to 23 citizens who are appointed by the superior court, “And they, generally speaking, oversee the government within the county. They do regular reports on different agencies within the county. They receive letters from the public complaining about things and they choose to investigate some of those.”
“The grand jury issues a report,” Schroeter said, “giving their findings and making recommendations.”
The second function of a grand jury, Schroeter said, “Is a criminal one.”
Through its investigative process, if the grand jury determines that a criminal act is involved, it refers the matter to the district attorney’s office. The DA can also take matters that start with local police departments or the sheriff’s department to the grand jury.