April 18, 2001    Sunnyvale, California  Since 1994

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    Public Safety investigates profiling claims

    Santa Clara resident files inquiry on April 11

    By Jesse Ducker

    A Santa Clara resident filed a citizen inquiry with the Sunnyvale Department of Public Safety on April 11, over allegations of racial profiling. The department is currently conducting an internal investigation of the event.

    The alleged incident is centered around an encounter in a parking lot between public safety officers and James Clifton Conley IV, a 19-year-old African American male. His mother, Vicki Wilkerson, filed the inquiry.

    Wilkerson said the department, thus far, has been very cooperative "for obvious reasons," and as of the afternoon of March 12, had already been in contact with the investigating officer twice that day.

    "It will get to the truth of what happened out there," said Capt. Chuck Eaneff about the inquiry.

    Wilkerson said Conley was sitting in the parking lot of Waiters.com, filling out paperwork, when officers approached him. He said the officers questioned him, refusing to tell him why, then pushed him to the ground, handcuffed him, and searched his car without cause.

    It hasn't been established if the mobile video audio recording unit, in the police car involved, may have recorded the event. Every Sunnyvale police car is equipped with MVAR, which is automatically activated when the cruiser's red lights are turned on.

    According to Eaneff, the investigation of the inquiry is just one part of a larger process. When an inquiry is filed, it goes to Public Safety Chief Ernie Bakin. Bakin then forwards it to professional standards units, commonly known as internal affairs, which act on behalf of the chief. Professional standards units then assign two officers to investigate.

    When the investigation is completed, Eaneff said the results are forwarded to Bakin, who then reviews the findings with City Manager Robert LaSala. Bakin then takes any appropriate and corrective action necessary.

    According to Eaneff, there is a wide range of actions that can be taken. These can include policy changes, when Bakin can decide that the officers acted correctly, but the policy should be changed.

    As to how long the investigation could take, Eaneff said, "there is no usual," adding it depends on the witnesses, officers and the possible complexities of the case.

    As to the resolution of the inquiry, Wilkerson said she obviously would like there to be a ruling in favor of her son. She added she hoped the appropriate steps are taken afterwards.

    "I don't have an ax to grind," Wilkerson said. "I'm not looking for people to get thrown in jail or fired."

    Wilkerson said she would like the inquiry to heighten sensitivity to the issue of racial profiling. She would also like the alleged perpetrators to realize "there's a way to approach the general public, and that people should be treated with dignity and respect."

    Wilkerson added Conley is fairly demoralized and trying to stay low-key.



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