The Oakland Police Department (OPD) is facing the possibility of falling under federal receivership as several high-ranking officers await the outcome of their discipline appeals. The department has been under federal oversight for over two decades following the notorious Riders brutality scandal. However, the recent controversy surrounding the mishandling of an internal investigation into Detective Phong Tran’s alleged bribery of a confidential witness in a murder case has raised concerns about the department’s ability to address internal problems.
At a court hearing presided over by Judge William Orrick on Wednesday, it is expected that the era of federal oversight for OPD will be extended once again. The plaintiffs’ attorneys in the Riders case have threatened to push for federal receivership if the department fails to take appropriate action to address its internal affairs issues. Receivership would grant the federal court extensive powers, potentially surpassing the authority of the current independent monitor, Robert Warshaw. This includes control over the department’s finances, command staff, and the ability to dismiss the police chief. No other city in the country has experienced full receivership of its police department.
While acknowledging OPD’s significant reduction in brutality cases, which was one of the original reasons for federal oversight, civil-rights attorneys Jim Chanin and John Burris criticized the department’s handling of the internal investigation into Detective Tran. They accused police leaders of paying lip service to Judge Orrick while continuing with a “business as usual” approach. Chanin and Burris called for an effective action plan to address internal affairs problems and inconsistencies in discipline.
The senior OPD personnel facing discipline, including Deputy Chief Drennon Lindsey and lead internal affairs investigator Sgt. Mega Lee, are accused of obstructing the internal affairs process and violating the department’s standards for truthfulness. Capt. Kevin Kaney faces a lengthy suspension, while Lt. Hamann Nguyen has been notified of potential demotion. The discipline was determined by the Community Police Review Agency, an investigative arm of Oakland’s civilian police oversight body.
Former Chief LeRonne Armstrong, who was fired last year over a separate internal affairs scandal and is now running for a City Council seat, was also implicated in the disciplinary findings and could face suspension if he were to return to the department. Former Assistant Chief Darren Allison, who served as OPD’s acting top cop for over a year, retired before completing his appeals process and is now receiving a substantial pension.
Detective Phong Tran, at the center of the controversy, is awaiting trial on charges of perjury and bribing a confidential witness in a 2011 murder case. The mishandling of the internal investigation into Tran’s actions led to the overturning of two murder convictions, resulting in the release of two individuals serving life sentences.
The attorneys representing the plaintiffs in the Riders case expressed disappointment in the handling of the internal investigation, stating that it echoed previous failures within the department. They emphasized the need for accountability and a comprehensive plan to address the issues at hand.
