Kenneth Earl Williams, the disgraced San Jose cop who resigned last week after he was convicted of soliciting naked photographs from a Scotts Valley teenager, spent almost 1,000 days on leave from the department stripped of his badge and gun after he was charged.
Yet San Jose police paid the 22-year veteran more than $270,000 in salary plus benefits during his leave, according to police records.
His only job requirement -- to call the SJPD Internal Affairs unit every weekday to see if he was needed for desk duty.
San Jose police say they put such officers on paid leave to get them off the streets and -- at the same time -- protect their due process rights by not firing them on charges that could ultimately turn out to be false. But the Williams example shows how that approach can financially backfire when a criminal prosecution drags on -- in this case for 2½ years.
"No one was happy this took as long as it did," said Deputy Police Chief David Cavallaro. "But in America you are innocent until proven guilty and things are not always as they appear to be. Every person, police officer or not, still has rights."
Cavallaro, the former commander of the department's Internal Affairs unit, said that the paid leave for Williams was the longest he could recall.
Although San Jose's police command staff decides case-by-case how to handle allegations against its officers, it is routine procedure to put officers who face criminal charges or criminal investigations on paid leave. The department can also open an internal affairs investigation, but the ultimate decision on an officer's future with the department is usually left until a criminal case is completed.
The San Francisco Police Department, with its unique civilian review board, sometimes places officers on unpaid leave, but this is rare throughout the state.
San Jose recently suspended with pay an officer charged with time sheet fraud, another charged with stealing from a departmental athletic fund and two officers being criminally probed to see if they tried to cover up a former officer's alleged involvement in a drunken driving accident.
The amount of money Williams received while on leave raised concerns with city leaders, but few saw a good alternative to the SJPD's wait-and-see approach.
"My reaction is that the court system works too bloody slow," said San Jose Mayor Chuck Reed. "But there aren't a lot of options. What can we do, given our responsibilities to every officer's due process rights?."
Barbara Attard, the city's Independent Police Auditor, said: "It makes me angry, but I don't see any way around it."
Some departments have moved to fire or discipline officers before their criminal cases are resolved. But these usually involve cases where the evidence against the police officer is more clear-cut, such as a drunken driving charge.
More complex and serious cases require a more measured and cautious response, experts and police say.
And disciplining an officer who is later acquitted can lead to expensive lawsuits.
The Oakland Police Department learned that lesson during one of the Bay Area's most high profile police brutality cases, known as the Riders case. Three officers were charged with the kidnapping, assault and false arrest of suspected drug dealers in West Oakland in 2000, but were either acquitted or the cases ended in a mistrial. One officer settled a lawsuit against the city for more than $1.5 million.
In San Jose, Williams was placed on administrative leave on Jan. 1, 2006, and remained there until his conviction Aug. 5 in Santa Cruz, according to police records. He was sentenced Monday to two years in prison.
Attorney Larry Peterson, who defended Williams during the administrative hearing, said the department interviewed the officer in February, but waited for a verdict before it took action.
"Kenny has a wonderful reputation on the police department," Peterson said "I don't think anybody actually believed the allegations. I get a feeling the department said, 'Wait a minute, this is not the Ken we know.' "
It was unclear this week if Williams' pension will be at risk, but he was apparently earning credit during the 2½ years he stayed home.
Pensions can be taken away if an officer commits treason or is convicted of a felony. But Ken Heredia, vice chairman of the San Jose Police and Fire Department Retirement Plan Board, said he was unaware of an example in which a pension had been withdrawn under those circumstances. There may be some questions about the legality of such an action, Heredia said.
When asked if he regretted paying so much money and not getting any service from an officer for so long, Chief Rob Davis replied: "To be quite candid what concerns me is that there is a victim of a crime committed by a former officer. I'm more concerned about the victim and her family."
Showing posts with label Kenneth Williams Sr. Show all posts
Showing posts with label Kenneth Williams Sr. Show all posts
Monday, August 25, 2008
Thursday, August 21, 2008
Officer Kenneth Williams Sentenced for Soliciting Nude Photos of Girl
A former San Jose police officer has been sentenced to two years in state prison for soliciting nude photos of a 16-year-old Scotts Valley basketball player, according to the Santa Cruz County District Attorney's office.
Kenneth Williams was sentenced Monday morning in Santa Cruz County Superior Court, the district attorney's office reported.
He was convicted Aug. 5 of soliciting nude photos from the girl. He was facing up to four years in state prison but he gave up his right to appeal the conviction and was given a reduced sentence.
Williams had made contact with the girl through his wife, who assisted in coaching the basketball team, according to the district attorney's office.
He was arrested and charged for the crime in December 2005 after nude photos of the girl were found on two of Williams' computers.
In addition to his prison time, Williams will have to register as a sex offender.
Kenneth Williams was sentenced Monday morning in Santa Cruz County Superior Court, the district attorney's office reported.
He was convicted Aug. 5 of soliciting nude photos from the girl. He was facing up to four years in state prison but he gave up his right to appeal the conviction and was given a reduced sentence.
Williams had made contact with the girl through his wife, who assisted in coaching the basketball team, according to the district attorney's office.
He was arrested and charged for the crime in December 2005 after nude photos of the girl were found on two of Williams' computers.
In addition to his prison time, Williams will have to register as a sex offender.
Saturday, July 19, 2008
Trial Starts for Officer Accused of Soliciting a Minor
The trial of a San Jose police officer accused of soliciting nude photos from a Scotts Valley High girl he mentored and coached began Friday, more than 2 1/2 years after the allegations surfaced.
Kenneth Williams Sr., 50, exploited and victimized the girl, who was 15 and 16 at the time, prosecutor Jeff Rosell told jurors during his opening statements.
"He convinced her to take naked photographs and send them to him," Rosell said. "(He) was entrusted to take care of her and help her but instead he betrayed her and he had her betray her own dignity."
He is charged with four felony counts of soliciting lewd matter from a minor and two misdemeanors: possessing the lewd matter and destroying evidence.
Williams met the victim when he helped his wife, Yolanda, coach the Scotts Valley High girls' basketball team. The girl, who was on the team, was having trouble at home and her parents asked Williams to counsel her. They admired him because of his strong Christian beliefs and because the girl's father is also in law enforcement, Rosell said.
Williams and the girl talked a lot, texted each other thousands of messages, went to lunch and sometimes spent time alone without her parents knowing, Rosell said.
Defense attorney Paul Meltzer said helping youth was what Williams, a police officer for 27 years, devoted his life to and his interactions with the girl were not unlike what he'd done for thousands of other children - talking to them, taking them
--------------------------------------------------------------------------------
Advertisement
--------------------------------------------------------------------------------
on trips, making sure they had food and clothing - and had never been accused of inappropriate conduct until the girl's allegations came to light in December 2005.
"We've all heard the statement 'Let no good deed go unpunished,' " Meltzer said. "Well I think that's really what this case is all about."
Williams and the girl had words about her sneaking out and drinking with members of the football team - an interaction that Rosell described as inappropriate and that Meltzer said fell within the bounds of mentoring - the girl's parents began to suspect Williams' relationship with their daughter had crossed a line. In mid-December they contacted Scotts Valley High administrators, then Scotts Valley police, Rosell said.
That's when the girl revealed to Scotts Valley police detective Mark Lopez that Williams had asked for inappropriate photos of her and, when shots taken on her cell phone camera were too fuzzy, he bought her a digital camera and several memory cards so she could pass the photos to him, Rosell told jurors.
The photos went from an "innocuous" shot of the girl's tan lines to semi-nude and nude photos - Williams allegedly told the girl he intended to use them as models for sketching - to explicit images, according to Rosell. He said nude photos of the girl were mixed with nude photos of Williams' wife, shots of the basketball team and commercial pornography in files on Williams' computers.
"Why do good people do bad things? Sex. Sex," Rosell said.
However, Meltzer pointed out that there was never an allegation that Williams had any sexual contact with the girl, despite the amount of time they spent together.
"This good man didn't do any bad thing," Meltzer told jurors. "If this was all done by Ken Williams for sex, there's no evidence it ever happened."
The defense attorney said Williams is "a very spiritual, deeply religious man," and listed Williams' many awards and accomplishments, including a proclamation from the mayor of San Jose commending his work with kids. Meltzer said Williams, who has three children and has been married for 30 years, was active in his church, the president of the Black Peace Officers Association and established the Operation Jump Start, which gives at-risk kids tutoring, counseling and scholarships to help them get to college.
"He gets close to kids, that's what he does," Meltzer said.
The case largely hangs on the testimony of the victim, who is now 19. Meltzer told jurors that she is the only person who has seen the text message that reportedly requested nude photos.
Several computer forensic specialists also will provide key information about how the photos, many of which were deleted before police recovered Williams' PDA, iPod, iMac and Toshiba laptop. Meltzer said that many people had access to Williams' electronics, including the girl and her basketball team, and that there's no evidence Williams uploaded or ever viewed the photos that were recovered.
But Rosell said Williams' efforts to delete the photos - he allegedly purchased file-destroying software for the iMac and physically broke the hard drive of the laptop - point to his guilt.
Both the victim and Williams are expected to testify during the trial, which will last two to three weeks. He could be sentenced to state prison and would have to register as a sex offender.
Kenneth Williams Sr., 50, exploited and victimized the girl, who was 15 and 16 at the time, prosecutor Jeff Rosell told jurors during his opening statements.
"He convinced her to take naked photographs and send them to him," Rosell said. "(He) was entrusted to take care of her and help her but instead he betrayed her and he had her betray her own dignity."
He is charged with four felony counts of soliciting lewd matter from a minor and two misdemeanors: possessing the lewd matter and destroying evidence.
Williams met the victim when he helped his wife, Yolanda, coach the Scotts Valley High girls' basketball team. The girl, who was on the team, was having trouble at home and her parents asked Williams to counsel her. They admired him because of his strong Christian beliefs and because the girl's father is also in law enforcement, Rosell said.
Williams and the girl talked a lot, texted each other thousands of messages, went to lunch and sometimes spent time alone without her parents knowing, Rosell said.
Defense attorney Paul Meltzer said helping youth was what Williams, a police officer for 27 years, devoted his life to and his interactions with the girl were not unlike what he'd done for thousands of other children - talking to them, taking them
--------------------------------------------------------------------------------
Advertisement
--------------------------------------------------------------------------------
on trips, making sure they had food and clothing - and had never been accused of inappropriate conduct until the girl's allegations came to light in December 2005.
"We've all heard the statement 'Let no good deed go unpunished,' " Meltzer said. "Well I think that's really what this case is all about."
Williams and the girl had words about her sneaking out and drinking with members of the football team - an interaction that Rosell described as inappropriate and that Meltzer said fell within the bounds of mentoring - the girl's parents began to suspect Williams' relationship with their daughter had crossed a line. In mid-December they contacted Scotts Valley High administrators, then Scotts Valley police, Rosell said.
That's when the girl revealed to Scotts Valley police detective Mark Lopez that Williams had asked for inappropriate photos of her and, when shots taken on her cell phone camera were too fuzzy, he bought her a digital camera and several memory cards so she could pass the photos to him, Rosell told jurors.
The photos went from an "innocuous" shot of the girl's tan lines to semi-nude and nude photos - Williams allegedly told the girl he intended to use them as models for sketching - to explicit images, according to Rosell. He said nude photos of the girl were mixed with nude photos of Williams' wife, shots of the basketball team and commercial pornography in files on Williams' computers.
"Why do good people do bad things? Sex. Sex," Rosell said.
However, Meltzer pointed out that there was never an allegation that Williams had any sexual contact with the girl, despite the amount of time they spent together.
"This good man didn't do any bad thing," Meltzer told jurors. "If this was all done by Ken Williams for sex, there's no evidence it ever happened."
The defense attorney said Williams is "a very spiritual, deeply religious man," and listed Williams' many awards and accomplishments, including a proclamation from the mayor of San Jose commending his work with kids. Meltzer said Williams, who has three children and has been married for 30 years, was active in his church, the president of the Black Peace Officers Association and established the Operation Jump Start, which gives at-risk kids tutoring, counseling and scholarships to help them get to college.
"He gets close to kids, that's what he does," Meltzer said.
The case largely hangs on the testimony of the victim, who is now 19. Meltzer told jurors that she is the only person who has seen the text message that reportedly requested nude photos.
Several computer forensic specialists also will provide key information about how the photos, many of which were deleted before police recovered Williams' PDA, iPod, iMac and Toshiba laptop. Meltzer said that many people had access to Williams' electronics, including the girl and her basketball team, and that there's no evidence Williams uploaded or ever viewed the photos that were recovered.
But Rosell said Williams' efforts to delete the photos - he allegedly purchased file-destroying software for the iMac and physically broke the hard drive of the laptop - point to his guilt.
Both the victim and Williams are expected to testify during the trial, which will last two to three weeks. He could be sentenced to state prison and would have to register as a sex offender.
Subscribe to:
Posts (Atom)