RentonPDDiscipline1

8/6/2019 RentonPDDiscipline1

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CO-0311

NATURE OF COMPLA IN T:On January 4, 20111 was made aware of a cartoon style video on YouTube that Involveda n exchange of dialogue between an officer and aJailer who was represented by aclown. This video went by at least two different names on YouTube and was critical o fthe relationship between the Department and SCORE,SCOREEmployees and othermembers of the Department.It Is believed that both of you were involved in, or had knowledge of, the creation andposting of thls video on YouTube. As a result of this initial posting on YouTube, a seriesof additional videos were posted this past week.

EMPLOYEE INVOLVED : Deputy Chief Charles MarsallslSergeant Bill JuddSergeantL----A/Sergeant~

A LL EGAT IO NS:Violation of General Orders

26.1.1.I1.B Unbecoming Conduct26.1.1.I1.K Unsatisfactory Performance26.1.1.1I.AA Courtesy26.1.1.II.FFPublic Statements26.1.1.II.YY Ethics

Violation of City Polley340-02 Unlawful Discrimination, Harassment, and Retaliation


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MEMORANDUMMercer Island Police Department

9611 BE 36th Street Mercer Island, WA 98040-3732(206) 275-7610 FAX (206) 275-7641

DATE: May 18,2011TO: Chief Kevin MilosevichFROM: Chief Ed HolmesRE: Renton Internal Investigation CO-0311

All of the involved employees were interviewed, All of the appropriate witnesses were interviewed. A ll of the relevant questions were asked. All germane information is present for you to make a decision relating to a final disposition

of this investigation.

As per your request, I have reviewed Renton's Internal Investigation CO-0311 to determine iftheinvestigation is complete. I reviewed the written materials as well as the associated video. Myfindings are as follows:

I f in d th at th is in ve stig atio n is th oro ug h a nd c omp le te . w ith n o furfn~'-"'"_~_

Chief of Police


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F IN DIN GS O F F AC TL Sgt Bill Judd was hired on 3/2/1998 as a lateral officer; he was. promoted to Sergeant In

January of 2008; he has other leadership roles and responsibilities as a Team Leader onthe Valley CDU; and is a Department Emergency Driving Instructor.

2, Judd Is currently assigned to Patrol Operations as the Sergeant for Squad lA.3. DC Marsallsl was hired on 2/1/1993 as a lateral officer: he was promoted to Sergeant in

1998; Commander in 2003; and to his present rank of Deputy Chief In 2007,4. Marsallsl Is responsible for the Field Operations Bureau which Includes Patrol

Operations since January; previously he was responsible for the Support OperationsBureau than Included Investigations.

5. Sometime In the middle of December 2010, Judd created a cartoon style video aboutthe interactions between the Jail and Patrol.6. Sometime in December of 2010, Judd Informed Marsallsl, Sgt __ J _ and A/Sgt1-.

I J lthat he was creating a video,7, Sometime In the middle of December, Judd shared this video with Marsalisi.--8. At about this same time, Marsallsl attempted to show Commander I J this video

using his personal cell phone. This attempt was not successful due to some technicaldifficulties,

9. 'vas able to only see a-couple of characters, but was told by Marsallsl that thevideo was about SCOREand that It was funny.

10. At about the same time, Marsallsl showed this video to Commande~ t Marsalislprovided the link and the two of them viewed It in the officers report writing room,

11. Judd and Marsallsl had a discussion regarding the posting of this video on YouTubebefore it was posted. Judd wanted to remain anonymous, so Marsallsl told him to gothe library like everyone else does to keep it a secret. (To post the video)

12. Judd posted this video on YouTube13. On January 3, 2011 at 1506 hours, Judd received an email on his Department email

account tit led, "Unlcornmovles sent you a video: ir A Penny Tale brought to you bySCORE", The sender was "You'Iube Service".


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14, On January 3,2011 at 1515 hours, Sgt' Jrecelved an anonymous email titled ,"unlco rnm ovles sent you a video : "A Penny Tale b ro ught to you by SCO RE", The senderw as " Yo uT ub e S erv lc e" ,

15, D uring his Interview , Judd adm itted to being the creato r o f this v ideo and em ailing It t ohis Department email address and to under an anonymous sender.l

16 , On January 4,2011 ~ distributed th is video to a w ide variety o ffo lks w ith in theD epartm ent via D epartm ent em ail.

17, A cco rding to M arsallsi's statem ent, he was confronted by the rem ark , "G ood Job" by, . -) (Inferring that he created the video. ) M arsallsl In his statem ent stated he to ldL ~e didn 't create the video .

18 , InH lstatement, M arsalisl was asked bY e J If he created the video . M arsalislto ld that he did no t create the video , and that he did no t have any idea whocreated the video .

19, A fter seeing the negative reactio n fro m C om mander M cC lincy and o thers, M arsallslcalled Judd and to ld him to take the video down,

20 , O n January 4,2011 at 0901 Chief M ilo sevich sent an em ail to the city 's is D irecto r M ehdiSadri advising him o f the video and asklng to see if this video was uploaded on aD e pa rtm en t c om pu te r.

21. A t our weekly com mand staff m eeting , this v ideo was discussed and It should have beenobvious to o thers that the video w as Inappro priate.

22 . O n January 4 , 2011 at 1809 hours, I received an em ail from Sadri. The m essagedbasically stated that the city does no t track Internet activ ity to that level, but he w iltch eck fur th e r.

23 , O n January 5 ,2011 at 0718 hours, I fo rwarded th is em ail string no ted in Finding 19 and21 to both M arsallsi and D C Troxel w ith a IfF YI" In the m essage area.

24. O n January 5 ,2011 at 0736 hours, I received a response from M arsallsl. M arsallslstated, 'Thls was the same pro blem with the ~jl1nv estiga tio n. T he y sto pp ed track inga few years ago , presum ably over sto rage room and concern fo r pub lic disclo surerequests. I w ould have been surprised If they had sw itched back . I c om plained to Jorgeat the tim e."

25. A t s ome po in t In the next day o r so , this video was reposted on YouTube under the titleo f "SCO RE Paro dy" by em pero rnaked, Bo th Judd and M arsalisl stated that th is was thesame video that was posted as "A Penny Tale b ro ught to you by SCO RE".


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26, Both Judd and Marsallsl deny re-postlng thls video,27, On January 6,2011 at 1500 hours the monthly Department Leadership meeting was

held In the Council Chambers, It Is believed th at M a rs al is l, Judd, L_jandl,werepresent,

28, At the January Leadership meeting, Milosevich discussed this video and that It wasInappropriate,

. -29, In mid-January, after seeing the SCOREParody video on YouTube,ll_ 'eallzed thatthe characters In the video were similar to what Marsallsl attempted to show him backIn December, = = : J brought this issue to my attention.

30. On January 18, 2011 at 1656 hours, I received an email from Sadri, The email containeda document that showed that the original Video, "a Penny Tale" was sent by YouTube toboth Judd and on January 3, 2011.

31. On February 7, 2011 at 1348 hours I received an email from Mayor Law, The email wasan email that was forwarded from the Mayor of Auburn - Pete Lewis, The email had thelink to the YouTube site to see the SCOREvideo and was sent to the mayor of Tukwilaand!- - - - - - - - - - - - - - - - -

32. On February 28, 2011, DCTroxel faxed a request to Google requesting Informationabout the video, DCTroxel received a response shortly thereafter stating that theywould need a subpoena or warrant in order to release Information.

33, On April 16, 2011 at 1810 hours, I received a phone call from a former Renton PolleeOfficer -I .' -_1stated that several new videos were posted on YouTube by"Mr Fuddlestlcks."

34, Later that day, I reviewed the new videos that also Included the orlglnal SCOREParodythat was now posted by "Mr Fuddlestlcks."

35, On April 19, 2011 at our command staff meeting at 0900 hours we discussed the newvideos, _] realized that Marsallsl never brought to Milosevich's attention thatMarsallsl knew who created the original SCORE Parody.

36. On April 20, 2011 In the morning, Marsalisi and McClIncy came to my office to discuss apotential responsible party for posting the new videos,

37. In the afternoon on the z o " , f -__jtraveled Into work on his day off to confrontMarsallsl. At the end of the conversation, Marsalisl agreed to contact Milosevich andstate that he had knowledge of who created the first video - A Penny Tale aka SCOREParody.


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38. On the zo" at 1640 hours, I met with Marsalislln his office. Marsalisl stated that Juddcreated the original video and posted It on YouTube. Marsallsl told Judd to remove It acouple of days later. Marsallsl told me that he would have admitted to having theknowledge If he was asked directly.

39. On April 25, 2011 at approximately 0830 hours, I notified Marsallsl that he was thesubject of an Internal Investigation. Marsallsl became visibly angry; stated others werebehind thls; he stated he did not lle: and that he did the right thing.

40. Marsallsl went downstairs and discussed this Issue with Commander.! __ , Accordingt o r JMarsallsl stated:a. He was going to bring up everything he knows about the command staff that

they have not been held accountable for.b. He was going to bring UP the allegation of untruthfulness he submitted against

~ . . _ _ 1 . d'c. He believes members of the command staff are mentally unstable.41. Judd was Interviewed by Leibman. In this in terview Judd stated:

a. That he created the Penny Tale video.b. That sergeantsj ! ,~ and DC Marsalisl was aware of the video,c. That they agreed to keep it a secret.d. That Marsalisl was aware of the video prior to It being posted on YouTube.e. That he shared the video with Marsalis!'f. That Marsallsi thought it was funny and did not provide any direction to him.g. That he posted It on YouTube.h. That he sent it to~-~. That he removed It from Youtube at the request of Marsalisl.j. That he did not re-post It.1 < . That the video resonated with some department members.I. That It gives the perception to others that there are problems with SCORE.m. That It could Impact our relatlonshlp with the Jail.n. That the clown in the video represents the Jail.

- o. That he left open the possibility of a second video.p. That he and Chuck never discussed disclosing the creator after the Video became

a controversy.q. That this action is not consistent with his role as a sergeant.r. That his actions fall under the definition of Unbecoming Conduct.s. That he did not create the second serIes of videos.

42. I Interviewed Marsallsi. Marsallsl stated:


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a. That he received a phone call from Judd stating he was putting together an" ep ic " v id eo ,b . That Judd sent him a link on his personal email. The link was to a video that was

sim ilar to the o ne that w as released.c. That he thought the video w as funny,d, That Judd to ld him that he was go ing to send it to _ '__e. That he gave advice to Judd on how to conceal his Identity by p ostin g It fro m al ibrary,f. That he shared the video w ith 'and he thought it w as funny,g. That he tried to show It toC,ut had so me technical difficulties and do esn ot re ca ll; I reaction, ~h. That he directed Judd to rem ove the video .I. That he did no t come fo rward since he was hoping the situation would lib lowover".l - T hat he did no t think there w as an investigatio n.k. That the actual tim e that the video w as po sted by Judd w as m inim al.I. That w e discussed this first video at our Tuesday m orning staff m eeting in

regards to the harm to the relationship with the Jail,m . That he knew who created the video but did no t come fo rward,n, That he and the Chief discussed the video s, yet he did no t come fo rward,0, That he was present at our m onthly leadership meeting two days later; that we

discussed the video ; and yet he did no t com e fo rw ard,p, That the v ideo had bo th a negative and a po sitive Im pact on the D epartm ent,

based on w ho you discuss It w ith,q , That it reflected poo rly on operatio nal Issues w ith SCO RE.r. That he thinks t ~sa suspectln the additio nal video s, This is based on his

Institutio nal kno wledge) o bsessive behavio r, and that he thinks he has m entalIssues,s. That he did no t com e fo rward due to his prio r frustratio ns w ith the Chief over his

perceived lack o f an Investigation Into an allegation o f untruthfulness by~ __Jt. T hat his co nduct m eets the definitio n o f U nbeco ming co nduct.u . That these new video s had a significant Im pact on the D epartm ent.v . That he did no t create the new video s,w, That there w as no t Intent to be deceptive,

43 , SC OR E's reputatio n w as harm ed by the video ,44. T he relatio nship betw een SC OR E and the R ento n Po llee D epartm ent w as negatively

Impacted by th is v id eo .45. T his video w as the to pic o f discussio n at a m onthly SC OR E O peratio ns B oard m eeting.46. Public o fficials In o ther cities view ed this video and inquired as to the creatio n and

issues surro un ding the video ,47, Leibman Interviewed bo th Sgt'" 'and A!sgtr48. .'. ' / i ~ J l Istateda. That Judd created the o riginal video and po sted it on Y ouTube.


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b . That he discussed w Ith Judd the desire to keep the know ledge o f the creato r tothemselves.

c. That he (Judd) did no t want to have the. "fallo ut" over this if som ebody 's feelingsg ot h urt.d . Judd to ld him that the v ideo was po sted on YouTube,e . That he did no t think the v ideo Im paired the functioning o f the Departm ent.

49 . . . ._ js ta teda . That Judd to ld him that he was creating a video ,b . That Judd po sted the video on YouTube.c. That Judd called him to tell him that the v ideo has been po sted.d. That he m ay have shown It a t his squad briefing.e. That Judd to ok It down at the request o f M arsalls1 .f . That he d id no t believe the v ideo Im pacted the rela tio nship w ith the Jail.g . That the only harm was that It w as causing a controversy w ith theadminIstration.h. That he felt he was no t required to no tify som eone In his chain o f command thathe knew the creato r o f the v ideo.


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INVESTIGATION1-4-11I was advised by DC Troxel of a SCOREparody that was posted on YouTube called I/A Penny

( . .ale", Iviewed the video and later advisedIemalled Mehdl Sadri Inquiring about search capabilities and was advised that the functIon wasturned off,1-4-11 1809 hoursI received an email from Mehdl regarding my request for IS to determine If the video wasuploaded via a Department computer, In his email, he stated that the city does not track thisInformation at this level of detail.1-5-11 0718 hoursI emalled a copy of Medhl's reply to both Deputy Chief's with a IfFYI",1-5-11 0736 hoursI received a response from DC Marsalisl that was also sent to DCTroxel, Chuck stated that thiswas the same problem hehad with the~lnvestlgatlon,1-6-11At the monthly leadership meeting, I briefly discussed the presence of the video and that It wasinappropriate at a time that we are trying to Improve relationship between the jail which Is nowpart of SCOREand our officers1-10-110900 hoursI called Mehdl and discussed the search capabilities of our email and Internet system, Mehdistated he would conduct a search upon receiving a formal request through lwen, We discussedoptions and direction of the lnvestlgatlon.Mid-JanuaryI discussed the SCOREParody video with Commander .l stated that abouttwo weeks prior to the posting of the video on YouTube, DC Marsallsl tried to show this vldeoto him on his phone, later whenL __saw the video on YouTube, he recognized It as thesame one that Marsallsl attempted to play on his phone weeks prior.


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1-18-11 16 56 ho ursI r eceived an em ail from M ehdl Sadri. M ehdl conducted a search o f the city 's em ail server Inregards to this Investigatio n. A cco rding to M ehdl's em ail:

The first YouTube email was titled, I/A Penny Tale b ro ught to you by SCORE" was sent by"Unlcornmovles" to S gt B ill Judd o n January 3,2011 at 3:06 PM. ~~~

The second email w ith the same title and sender was sent to $gtl . s = 3:15PM on the same date. Sgt J udd never distributed the email; however Sgt did on January 4,2011.

2-7-11 1 34 8 h oursI received a n em ail from M ayo r Law . A ttached to the email was an email string from theMayor's o f A uburn , Tukw ila," Renton, and! ~ titled SCORE Parody. The video w asattached w ith a comment by M ayo r Lew is to "Check ou th is video",2-28-11 1119 HoursD ep uty C hie f T r ox el f ax ed a re qu est to G o og le to o bta in In fo rm atio n re ga rd in g th e SCORE Parody v ideo .H is req uest an d re sp onse is no te d b elo w. T he a ctual d oc um en ts a re lo ca te d In the c orre sp ond en ces ec ti o n o f t he inv e st ig a ti o n.On F e br ua ry 28, 2 01 1, I fa xe d a p re se rv atio n re qu est to G oo gle re fe re nc e th e Y ou Tu be v id eo title d S COR EP ar od y, (a ls o o ri gIn ally p os te d a s, A P en ny T ale ). T he p re se rv ati on r eq ue st n ot o nly a sk ed G o og le tor eta in r ec or ds , b ut t o r ele as e r ec or ds to th e c ity o f R en to n. W ith In a c ou pJ e 0 / hours, Ia d r ec eiv ed ap ho ne c all / v o/c ern all fro m a n e mp lo ye e a t G oo gle . S h e a dv ise d th at th ey h ad re ce iv ed o ur P re se rv atio nR eq ue st, a nd n otic ed th at w e w ere a ls o re qu estin g re le ase o f re co rd s. G oo gle 's p olfc y re quire s th at th eyd o n ot r ele as e r ec or ds u ntil p ro pe r le ga l p ro ce ss ( su bp oe na o r w a rr an t) a nd p ro to co l h as b ee n fo llo w ed .S he a dd ed th at th ey w ou ld g la dly r eJ ea se re co rd s o nc e th at p ro ce ss w as re ce iv ed .

I recelved .a phone call from _~ _ _ J . I~ stated that there were several new SCOREParody type videos that have been posted on Y ouTube.4-16-11 1810 hours

4 -2 0-1 1 M o rningM arsallsl and C om mander K atie M cC lincy cam e into m y o ffice. M cC llncy explained how anem ployee had com mented on the Y ouTube "C hannel" to the creato r o f the latest video s.M cC lincy had a suspicion o f whom It m ight be - r . Jarsalisl was part o f th ediscussion and agreed w ith the lo gic as to why it w as:. recently was unhappy w itha public disclo sure request o f a previous sustained Internal investigation . T he theo ry w as that

~ 'was go ing to act o ut, and the video s were his response.


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I also told Marsallsl, that I need the on-going Internal Into the Flag football game onThanksgiving Involving several members of the Department Including Judd. I told him that Iwould reassign the Loudermlll hearings for the remaining officers to another member of staff.As he left the room, In anger Marsallsl stated, "I am not a member of your command staffl"Later In the morning he asked some clarifying questions regarding representation and If he wason a gag order, I told him he was Instructed not to discuss this Incident with Judd, and via emailI told him he had the right to representation.At some point, Marsallsl went downstairs to speak with c omman de r_ b_ ...< .,1 1have attachedthe Information that was prepared bYL__ Chle fO n M on day m orn in g 04-25-11 D epu ty C hle / M arsa l/sl cam e by m y office to ven t. H e told me hew as a su bje ct 0/ an In te rna l Investigation and he w as not given a "G ag order" othe r than not tod is cu ss I t w I th B / I I Judd.

He sa id the In te rna l w as re fe ren c ing the videos tha t w ere recen tly re leased , H e w as extrem e ly upse t/o ffended tha t the Chle /though t he w as beh ind the videos. He kn ew who crea ted the fIrst SCORE v ideo, B i l l Judd. He e luded that he kn ew w ho crea ted the other v ideos; it Is a ran k and file m em ber 0/ th e

depar tm en t. H e dId n ot d ivu lge the Ir nam e. He w as goIng to brIng up everyth ing he know s abou t command steff, e ve ry th in g th atthey have done and not be held a cc ou n ta ble fo r. H e Is going to brin g up the " lyin g" compla in t he sen t to you about 11..-_-- _

not tak ing care of an inc Iden t w ith I(C SO in w hich he sa id he dId . How he be lieve s som e m em bers on the command sta ff a re m en ta lly unstab le . He Is offended tha t B ill Judd 's In ternal for pre -d isc iplin e in te rv iew s w as taken aw ay from

hfm. H is p ercep tion is now the C hle] d oes not trust h Im to do hIs job In an Im partia l m an ner. H e shou ld be p laced on Adm ln lstrattve leave , slnce he Is not be ing trusted to do hIs job.I He Is tryin g to ge t the departm en t toge the r not tear It apar t, so w hy w ou ld he create or

be par t of the second se t of v ideos that are ha te ful. . W hen th is In te rna l Is don e and h is nam e Is c leared he Is ou t of here , he w ill take a $90J(year job this Is not w orth It. He Is going to have a lot more question for the Ch ie f durIng the in terv iew than the C hIe f

has for hlm. Is I t a discoverab le PDA request for the docu tnen ta tlon he sen t to you regarding the ly in g

I n cId en t r e qard lnq , . " " 1Marsallsl requested to take the rest of the day off since he stated he was not going to beproductive.


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1000:I received the requested documentation from .' __A pprox im ate ly on e to tw o w eeks be fo re th e or ig Ina l v ideo w as posted on the In te rn e t (I th in k inla te D ecem be r) D epu ty C hte ] M a rsa llsf cam e in to m y offic e . H e to ld me tha t som eone had sen th im a v ideo and he w an ted m e to see It. H e sold It w as pre tty funn y and he star ted to try a ndge t It to p lay on h is pe rsona l ce ll phon e an d th en w as tryIng to show It to m e . It w ou ld p lay for acoup le of seconds an d then fre eze . H e w ou ld try to ge t It runn In g aga in and star t to show It tome and then It w ou ld freeze aga in . I be lie v e he tr ied three tim es. I w as ab le to see the Im age ofthe tw o charac te rs In the "P enn y Ta le" v ideo tha t w as fa te r posted on th e in te rn e t. W hen Itw ould not show w ithou t freezin g a fte r seve ra l a ttem pts he gave up . H e IndIca ted tha t the v ideow as funny and tha t It w as abou t SCORE . T he m orn ing of the "P enny Ta le" v ideo show ing up onth e In te rn e t It w as pu lled be fo re I c ou ld v iew It . A fte r th e S ta ff m ee tin g I s aw the VIdeo andrea lized they w ere th e sam e charac te r s tha t w ere on the v ideo tha t D epu ty C hie f M arsa llsl hadtr ied to show m e a w eek or so pr ior . I fe lt a t th a t tim e he had p rior kn ow ledge of w ho w asIn volv ed In the produc tion of th e v ideo . I sha red w ha t I h ave desc r Ibed w ith you on a coup le ofoccasion s In cludIn g th e in te r v iew you did w ith m e regardin g S ta ff C om mun ica tion s an d a fte r them ultIp le v Ideo postin gs th is past w eek .1010 (Approx):I notified Sgt Judd of the internal while In Cmdr Leibman's office.1141:

I received an email from Marsallsl requesting that this Investigation be forwarded to an outsideagency.Ch i e f M i l os e v ic h ,I re sp ec tfu lly requ est tha t th is in vestiga tion be han dled b y an ou tsIde an d In depen den tIn ves tIga to r . M y reason for th is is th a t I take It v e ry persona lly you be lie ve tha t I h ad anyth in gto do w ith th e m ost re cen t v ideos. I shared m y kn ow ledge w ith you tha t I kn ew w ho producedth e orIg In al, an d In m y op in ion n on -o ffen sive v ideo . Y ou have m ade It c lear , th rough yourw ords , th a t you be lie ve tha t I h av e not bee n tru th fu l. In m y 30 p lus yea rs o f pollee w ork, I h av en ever lied or had m y verac ity ca lled In to ques tIon . C on tInu Ing w Ith you as the In v estiga tor w illon ly se rve to fur the r de te r iora te our w orkIn g re la tion sh Ip , beyon d w ha t your accusa tion s havedone . I I n tend to con tin ue m y em ploym en t w Ith the C ity of R en ton a fte r th is In vestig a tIon and Ibe /fe ve tha t goIn g h ead to h ea d on fa lse a cc usa tion s w lll c re ate a su bsta ntia lly u nc om for ta blew o rk e n vir onm e nt.


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A t the en d of th is ln ves tlq atton , I w lll expe ct a he ar tfe lt pu blic ap olog y for qu estIon in g m yIn te gr ity , be lie vIn g th at I w ould h av e produc ed or pa rtic ipa te d In th e la te st v ide os , a nd a cc usin gm e of som eth in g tha t I d ld no t do.R e sp e c tf ul ly s u bm i tt ed ,Chu c k Ma r sa ll si1 32 0 H ou rsI rece i ved an email fr om l!o l_ _ ... regard ing his co nversatio ns w ith M arsalls l, The Info rm atio n ispasted below:S om etim e th is m ld -w ln te r (N ov em be r/D ec em be r)D C M ar sa lls l w alk ed In to m y offic e sh ortlya fte r I a rr Ived a t w ork , an d told m e he had a v ideo he w an ted to show me .I b elie ve he ga ve me a lInk to tryon m y com pu te r , bu t the v Ideo w ouldn 't run . W e w en t In to theoffic ers' rep or t w ritIn g room , an d he w as a ble to brIng the v ideo up on on e o f th e w ork sta tion s .Th e c lip w as th e orig in al a nIm ate d S CO RE v ideo , w here the ja Il w as sa tir ized for va rious rea son s.I a sked DC M arsa l/s l e Ith er w ho he go t the vIdeo from , or w ho m ade the v ideo . H e sa idsom eth in g about no t w an tin g to te ll m e because the person w ho m ade It d idn 't w an t the w ordto get around. I w en t on w ith m y day and dIdn 't g iv e the vIdeo any addlton al thought.A t leas t tw o w eeks la ter , an o ffIce r asked m e I f I 'd seen the v ide o ab ou t th e ja il. (E dw ards Is thep erson I v ag ue ly re ca ll b eIn g th at offIc er; I'm n ot p osltiv e.)A t tha t m om en t It didn 't oc cu r to me tha t he w as ta lkIng about the SC ORE video , so I sa id Ihadn 't seen It. T he o fficer began p lay in g the v ideo on w ha t I b elie ve w as an offic er w ork roomcom puter , a nd I r ea l/zed It w as th e orig in al S CO RE c lip . I told h im I a lrea dy sa w It. H e tu rn ed itoff an d I w en t back to w ork.By the en d of tha t day or perhaps the n ex t, n ew s o f the v ideo w as eve ryw here , an d It w as c lear lyc a u sI n g p r ob lem s . At around the sam e tim e, w e dIscussed the Video a t a s ta ff m ee ting , w hereth e c on se nsus w as tha t the v ide o w as In app ropr ia te , dam ag in g to w o rk in g r ela tio ns hip s, a ndw as g en era lly u np ro fession al. I w atch ed D CM arsallsl for a ny sIg n th at he w as goIn g to disc losehIs prev Ious know ledge , an d saw none . E ven so , I b efJe ved he w ould even tua lly hand le thesitu ation a pp ro pr Ia te ly . T he v id eo im m edta te lv disa pp ea re d fro m Y ou tu be a nd th e c on tr ov ersypassed . In th e end , I m ade the assum ption tha t DC M arsallsi m ust have g iv en you w ha tev erin form ation he had at the tim e.O n S un da y AprJllih, Officer t Jte xted m e tha t th ere w as a new SCORE v ideo on You tube .Iou ldn 't in itIa lly ftn d It, b ut on M on da y I fin ally loca te d ap p. e igh t v ide os , w hIc h I fou nd to beoffen sive on m an y lev els.


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The next day a t our s ta ff m ee tIn g , th ere w as an exten s iv e dIscu ssIon about th e new v ideos, andhow com ple te ly offe n sIve an d ln appropria te th ey w ere . Based on your s ta tem en ts an d reac tion .It w as ob vlou s D CM arsalls i h ad n ev er to ld you an yth in g a bou t th e or Ig in al v ideos. I ca n't r ec allDC M arsa lfsl's exac t w ords In th e m ee tin g, bu t h e e xp re ssed h is reserva tion s ab ou t tryin g toIn ve stig ate th e v Id eo s fu rth er .F o llow In g the m ee tin g , comm ande rLbnd I d rove to lun ch w ith DC M a rsa ltsl. Both duringthe ride and a t th e begInn In g of lun ch , DC M arsallsl w as adam an t tha t the re shou ld be noin ve stig atIo n; th at d oin g s o w o uld o nly g iv e c re dib ility /a tte ntio n to th e v ideo c re ator . H eeq ua te d In ve stIg atin g th is to th e exce ss iv e fu ss th e ac cred stIcker In ves tiga tion c au se d ye arsago . I b roug ht up th e diffe re nc es , le i the sIg nIfIca nc e o f th e p erson al a tta cks h ere v s. theIm person al/ass o f som e stickers th en . H e con tIn ue d to draw p aralle ls w hIch se em ed ln de fen slb leto m e, and he con tin ued to try a nd se ll th e a rg um en t o f n ot In ves tIg atIn g or ta kin g th is fu rthe r.H e dow np/ayed the sIgn IfIcan ce of the v ideos an d sa Id he w as su re som eon e sm ar t en ough topost the v ideos w as sm ar t en ough to c ov er th eIr tr ac ks w Ith b lin d a cc ou nts .I b rought sa id I t hough t w e ow ed It to th e peop le w ho w ere o ffe nded to go as for a s w e w erea ble , e ve n 1 / w e w eren 't suc ce ss fu l. A t tha t poin t he so ld tha t he hadn 't seen the flew v ideos, an dw e m oved on to an othe r top ic . A lso p re sen t dur in g par t o f th e conversa tion w as .C om man de r

The n ex t day , W edn esday the z o " , I w as on a day o ff bu t cam e In spec ifica lly to speak to DCM arsalls l a bou t th e w hole s itu ation . I to ld h Im I h ad som ethIn g v ery se rIou s to d isc uss, the nrem inded h im that he had show n m e the origIna l SC OR E video be fore it had becom e ava Ilab le too thers, an d tha t he had Im plied kn ow ing w he re It c am e fr om . DC Mar sa lisl sa id th at o f c ou rsehe knew tha t he 'd show n both C om mander j - land I the v ideo In advan ce . A fte r som ediscu ss ton , he told m e he did know w ho m ade the v ideo bu t hadn 't disc losed the In form ation toyou . I d idn 't a sk w ho the person w ho m ade the v ideo w as and he d idn 't offe r It to m e .I told h im tha t I w ouldn 't lie or h ide m y know ledge regard in g the In Itia l v ideo, an d by the end ofth e conversa tion , he told m e he w ould go to you w ith the fu ll story.L ate r th at e ve nin g, D CM a rsa lis l c alle d me on m y pe rson al c e ll to le t me know he 'd ta lked to'lou , and!_hat you hadn 't seem ed upse t. I thanked h im for th e fo llow -up . C om mander

1330:

I discussed this Investigation with Mayor law and CAO Covington. I provided a copy of airSCORErelated videos.42711 0945 HoursMarsallsi stopped by my office. He stated that:


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H e has decided no t to have Terri V ickers act as his rep resentative, That he thought It was no t a good Idea due to the rela tionship Issues he feels exists

b etw ee n V ick ers a nd N an cy C arls on . He Is no t sure who If anyone will be p resent w ith him during the Interview. He wanted to know the ro le o f Nancy Carlson was . ... I to ld him that she p articip ated In a

p re vio us In te rv ie w w ith T ro xe l. He said that he was upset with me In regards to something I said and that he had hoped

at so me p oint we co uld d iscuss o ur p revio us conversatlon,10S0:I sp ok e w ith C omman der M cC lincy. M cC llncy stated th at Sgt co nfro nte d M ars alls i o nthe day that th e first SC OR E Paro dy w as disco vered. M cC lincy stated that M arsa lis l denied thisto,- ---1110:I spo ke w lthf _ _ -,'and have attached his statement below.

Dur in g the firs t w eek of Jan uary 2011, I o pen ed m y em ail a t w ork and v Iew ed a vIdeo w hich hadbeen sen t to m e v ia You Tube . The em ail w as ti tled-SC ORE , a P enn y Ta le . The v ideo w as ac ar toon dep ic tin g a c on ve rsa tion be tw ee n a p olic e o ffic er a nd a S CO RE Ja iler . T he "script" of th ev id eo w a s c lo se ly r ela te d to w ha t w ere the pe rc e iv ed In terac tion s be tw een Jail s ta ff an d anoffic er In qu ir In g ab out b ook in g som eon e a nd th e p erc eive d e mp loym en t In S CO RE . S eve ra lo the r depar tm en t m em be rs had v iew ed th is v Ideo a lso. D ue to the con ten t o f the v ideo , It w asli th e ta lk '} o f the dep artm en t for se vera l days . A fte r w atc hin g th e v ideo I a sked sev era l p eop le ifthe y w ere the au thor o f th e v ideo or kn ew w ho the au thor w as. O n e o f th e In d iv Idua ls I a skedw as D epu ty C hIe f tv ta tsa tts t, w ho to ld m e he w as no t th e pe rson w ho m ade the v Ideo and did no thave an y Idea w ho w as. S ev era l o thers den ied be in g the au thor or hav in g an y in vo lv em en t inthe m akIn g o f It . Un fortun ate ly , the re have been o the r , sim ilar v ideo 's re lea sed tha t havedisc red ited In div Idua ls In th e de pa rtm en t. W hile n ot n am In g th em sp ec ftca llv , th e v Ideo 's re fe rto In ciden ts w hic h o th ers kn ow a t a nd ha ve kn ow le dge o f th e sp ec fic In div idua ls In vo lve d. A tth is tim e, I do n ot have any spec ific know ledge o f w ho m ay be in vo lv ed In re lea sIng the se con dse t o f v id eo s.

f!_~~ct fu"y,

4-29-11 0904 HoursLeibm an interv ie wed J udd In C onfere nce R oom A . D uring this Interview J udd stated:

That he created a cartoon-style video called} "A Penny Tale", and posted it on YouTube.


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That DC Marsallsl and Sergeants Ritchie and Smith were aware, and that they agreed tokeep this Information between the four of them,

That he shared the v i d eo with Marsallslln December, That he sent the video to Sergeant' [from an off-slte email address, That Marsalis told him to pull It off of YouTube, and he did remove it. That he has no Idea who re-posted It. Old not admit to creating the video since he was not specifically asked. Knowing this Incident met the definition of unbecoming conduct.

0955 HoursHR Administrator Nancy Carlson and IInterviewed Marsallsi In the HR Conference room,Marsallsl admitted to:

Having prior knowledge of the video from Judd before it was posted on YouTube. Attempting to show the draft vlde~ to Commanders I 'andl , Assisting Judd in posting the video "anonymously", Discussing this Video with Sergeant's.,_...-. _ Failing to come forward hoping It would Just "blow-over". Making a series of poor decisions, Being present at numerous meetings where the video was discussed, knowing that he

knew who created the original video, Not disclosing who created the v ideo since he was not directly asked I f he was Involved

in the creation of the video, Knowing that the v ideo had a negative Impact on the department, SCOREand other

SCOREcities, Knowing this Incident met the definition of unbecoming conduct.

5811Commander Leibman I n te rv i ewed Sergeant's __Sgt Istated:

That Judd created the original video and posted It on YouTube, That he discussed with Judd the desire to keep the knowledge of the creator to

themselves, That he (Judd) did not want to have the "fallout" over this If somebody's feelings got

hurt. Judd told him that the video was posted on YouTube. That he did not think the video Impaired the functioning of the Department.

ser :. -, stated: That Judd told him that he was creating a video,


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That Judd posted the video on YouTube. That Judd called him to tell him that the video has been posted, That he may have shown It at his squad briefing. That Judd took It down at the request of Marsalisl. That he did not believe the v ideo Impacted the relationship with the Jail, That the only harm was that it was causing a controversy with the administration. That he felt he was not required to notify someone in his chain of command that he

knew the creator of the video.5911Marsalisl entered my office, shut the door, and wanted to find a way to reduce the "uneasy"feeling he has with our relationship.I discussed with him the next steps,

Finish my findings Obtain transcripts of Interview with landW Forward to an outside chief for review Return to Jay for discipline and Loudermlll hearing

51111Isent a n email to SCOREDirector' 'The purpose of the email was to determinewhat the Impact that this original vlde"thad o7iher organization.512110940 hoursI met Ed Holmes, Mercer Island's Pollee Chief In Burien. I made the request that he review thisinvestigation for completeness once the Investigation has concluded. Chief Holmes agreed toassist.1300;

I returned to the station and received an Inter-office mall enve lope that containedmemorandums frnl'Y>'

I-An email recefved by - from Pete Lewis (Auburn Mayor) acknowledging-,-----'that he knew about the video. An email received by 'from 1 . 1 ' (Issaquah Jail

acknowledging that he knew about the video._ _ _ . t


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--,memorandum stated: .--. ~T!I"h-at~t~h-e_JorlglnalCOREParody video issarcastic, demeaning to SCOREas an agency, to

Correctional Officers, and to her personally. That she has been contacted by numerous officials from outside agencies Inquiringabout the video. That this video has caused a spirit of distrust between SCOREand members of the

Renton Police Department. That the video was a topic of discussion at the SCOREOperations Board meeting.- ; - - - - - ~ ~ tmemorandum stated: The depiction of a SCOREemployee as a lazy clown by a member of an owner agency

has created a lack of distrust between SCOREstaff and the Renton Pollee Department. This video could have had a negative impact on potential correctional officer recruits

during a time of Increased hiring activity. He received an email from a SCOREemployee that stated, " I d id n ot like b eIn g e mu la ted

as a C low n. The de fin ltlon of a c low n is a rude III-bred person , a f ool and one w ho p laysthe bu ffoon . I d o not be lie ve they w ere In tending to show us as a com edian w hoen te r ta ins peop le . It w as m ean t to m ake u s look like fools. If

_____ rII'm emorandum stated: That numerous officials In Auburn had viewed the video and were all laughing at the

expense of SCORE.

The Investigation has been completed, and will be submitted to Ed Holmes, Mercer IslandPolice Chief for review.


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RENTON POLIC EDEPARTMENTIn ve stigation R eport - S umma ry

CASENO: CO-0311

Date Time Description - , said he knew In advance that Judd was creating the video In

question, and although he couldn't recall the name, described some of It'scontent. Judd told him when he put It on You Tube.

He knew that Judd alsotold Marsallsl and,.-.._ bout the video. ,.; . 'said that Judd told him to keep knowledge of the video betweenthem. I Jsaid there was nothing wrong with the videos but felt Judd wanted

to keep his involvement quiet In casesomeone's feelings got hurt. - ----1lalluded to having some knowledge of who put the video back on You

Tube after It was taken down, but In the end said it was an unknownIndividual.

There was no group discussionabout keeping knowledge of the videosecret. However, Jsald that said he was asked If he knew If he hadsomething to do with, or knowledge of the video, and he told whoever itwas that he didn't know. Heconceded this was not true, and a betteranswer would've beenthat he couldn't discuss it.

~dldn't come forward with his knowledge of the video because hedidn't believe there was aviolation of GO or procedure that warranted It.

)dldn't think withholding his knowledge of the video impaired theefflclancv of the department. illhad nothing to do with the new videos, and doesn't know who

creat~ them. Hedid view them; he thought It was about the samet ime aseveryone else Inthe department did. He deferred to Judd's description ofbeing notified by Judd two weeks before the videos came out. He did have aconversation with M_arsallsl,Judd ana _J about them. He didn't believeJudd created them. __Jonceded that knowing about the new videos twoweeks earlier could've aided In an Investigation or mitigation of the videos.

I Interviewed Act . sergeant~ Attorney Hillary McClure represented him.During the Intervlew, __ .elated the following information:

~ knew of the video and Its title, "A PennyTale," Hedescribed some ofthe contents of the video. He said he knew of the video about two weeksbefore It was posted. Judd told him about it. He knew that----- JandMarsalisl also knew about it. Judd told him the video was on You Tube.

, may have shown the video In briefing.- - - - - .

05/08/11

InvestigatorLeibman

18:50

IDNumberPage 3 ofS


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REN TON POLIC E D EPARTMEN TInvestigation Report - Summary

CASENO: CO-0311

Date Time Description L-'sald his opinion on why Marsallsl asked Judd to take the video off You

Tube was because people were receiving It unfavorably.n knew nothing of how the video got re-posted on You Tube. ~ became evasive during questions on how the video possibly affected

the department or was perceived by others, and whether anyone asked If hehad knowledge of the video.,j didn't think he needed to come forward with his knowledge of thevideo because there wasn't any formal Investigation going on at that time._____, denied withholding knowledge of this video again, because there wasno formal investigation. He did not think the video Impaired the efficiencyof the department.

~ was evasive throughout the majority of the remainder oftheIn terv iew, and wouldn't answer most questions directly.

---' agreed with Judd's tlmeline of being notified of the new v i d eos twoweeks before they came out to the rest of the department. He didn't Initiallylook at the videos because Billwouldn't give him the link.

__Jconceded that knowing about the videos two weeks In advancemlght've been helpful In an Investigation.

Much of "general demeanor general evasiveness can be gleaned bylistening to the recording.

05/08/11' 19:30 I spoke with ~ briefly about the Investigation. I told him that per Judd thevideos were viewed by members o f Kent PD two weeks before they were widelyknown here. L Jsald that his belief he saw the videos about the same time aseveryone else was based on the fact that he noticed the videos had been watchedseveral times already. He conceded that the hits he saw on the website could'vebeen caused by whoever was watching the videos In the time leading up to whenthey came to the general attention of R P D .

19:45 Ie mailed the ____ ecording to Sherry Smith for transcription.

Investigator ID NumberLeibman --.~~~-----------------.(~--------------------------Page 4 of5


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REN TON POL IC E D EPAR TMENTInvestigation Report MSummary

CASE NO: CO-0311

Date Time Description05/09/11 NA Sherry Smith returned' 'transcription to me, and said she hadn't received

, I discovered I failed to send It last night. I sent It to Sherry and she had It- ba -c -k -t ;- -'meby the end of th e day.05/11/11 NA I turned over all documents pertaining to this Investigation to Chief Milosevich.

InvestigatorLeibman

IDNumberPage 5 of5

Documents

RentonPDDiscipline1