PARADISE RIDGE WINERY » Spirit of
hope, resiliency in new artwork. A3
Mike Pompeo
Officials
slam US
nuclear
demands
NORTH KOREA » Talks
with Pompeo for quick
deal called ‘regrettable’
By MATTHEW LEE
ASSOCIATED PRESS
TOKYO — North Korean
leader Kim Jong Un has deliv-
ered a dose of harsh reality to
Donald Trump, bashing hopes
for a quick denuclearization
deal in a pointed rebuke to the
president’s top envoy while
accusing the U.S. of making
“gangster-like” demands.
After the historic U.S.-North
Korea summit in Singapore,
Trump declared the North was
no longer a threat and would
hand over the remains of Amer-
icans killed during the Korean
War. Now, three weeks later,
the two sides were still at odds
on all issues, including exactly
what denuclearization means
and how it might be verified,
after a third visit to Pyongyang
by U.S. Secretary of State Mike
Pompeo. And, the promised re-
mains have yet to be delivered.
Pompeo wrapped up two days
of talks in the North Korean
capital on Saturday on an opti-
mistic note even without meet-
ing Kim Jong Un, as he had on
his previous two trips. He said
his discussions had been pro-
ductive and conducted in good
faith, but he allowed that much
TURN TO NUCLEAR » PAGE A12
NURSING HOMES
Records: Low
staffing levels
often routine
By JORDAN RAU
NEW YORK TIMES
ITHACA, New York — Most
nursing homes had fewer nurs-
es and caretaking staff than
they had reported to the gov-
ernment for years, according to
new federal data, bolstering the
long-held suspicions of many
families that staffing levels were
often inadequate.
The records for the first time
reveal frequent and significant
fluctuations in day-to-day staff-
ing, with particularly large
shortfalls on weekends. On the
worst-staffed days at an aver-
age facility, the new data show,
on-duty personnel cared for
nearly twice as many residents
as they did when the staffing
roster was fullest.
The data, analyzed by Kaiser
Health News, come from daily
payroll records Medicare only
recently began gathering
and publishing from more
than 14,000 nursing homes, as
required by the Affordable Care
Act of 2010. Medicare previously
had been rating each facility’s
TURN TO STAFFING » PAGE A2
Business E1 Crossword T7
Classified E5 Forum B11
Community B10 Lotto A2
Jazz
in July
Friday, July 20th
6:00 PM to 8:00 PM
CYCLISTS’ DILEMMA » Sharing the road
challenging for some motorists. C1
SUNDAY, JULY 8, 2018 • SANTA ROSA, CALIFORNIA • PRESSDEMOCRAT.COM
RP POLICE INVESTIGATION » TOP ENFORCER OUT
Ex-sergeant under
cloud for road stops
JOHN BURGESS / THE PRESS DEMOCRAT
MARIJUANA SEIZED: Hue Freeman, 60, prunes plants on his state-licensed cannabis farm near the Alexander Valley. Freeman claims Brendon Tatum, a former sergeant
with the Rohnert Park Police Department, wrongly seized 47 pounds of cannabis from him during a traffic stop south of Cloverdale in 2016.
Drivers allege ex-officer stole cash, pot; attorneys say he has credibility issues
By JULIE JOHNSON
O
THE PRESS DEMOCRAT
ver nearly 15 years as a Rohnert Park po-
lice officer, Brendon Tatum led local law
enforcement missions to disrupt the flow
of illegal drugs into Sonoma County, netting
Rohnert Park hundreds of thousands of dollars
in seized assets through traffic stops.
Tatum, who goes by his middle name Jacy, built
a reputation as an aggressive cop for his work
stopping cars on a rural stretch of Highway 101
near the Sonoma-Mendocino coun-
ty line — some 40 miles north of
the city limits — in operations to
find black-market marijuana, other DARREN ABATE / ASSOCIATED PRESS
illegal drugs and cash. POLICE INQUIRY: Rohnert Park’s investigation into Tatum is focused on the
The highway runs alongside the complaints of Zeke Flatten, officials say. He believes a pair of officers wrongly seized
3 pounds of cannabis from him during a December traffic stop on Highway 101.
Russian River and links the mari-
Brendon
Tatum
juana-growing Emerald Triangle re- “He said, ‘We’re with the ATF. Marijuana
Ex-police sergeant gion to the north and the urban San
for Rohnert Park Francisco Bay Area to the south. is taking over in California like cigarettes,
is under scrutiny
over traffic stops But the man once honored by you may get a letter from Washington.’”
and pot seizures Rohnert Park for his highway sei- ZEKE FLATTEN, former police officer at a Texas school district
zures is no longer employed by the
COMING The attention also has spot- one out there. I didn’t want to
MONDAY city. Rohnert Park officials will not lighted another side of Tatum’s be the tip of the spear,” said
Rohnert Park say why but confirm he is under reputation, one discussed for Freeman, 60.
Public Safety investigation in connection with years among local defense at- Tatum stands by his conduct
Department has torneys who have faced off with during his career as a police
an outsized role in a puzzling December traffic stop him in court and among people officer and firefighter with the
traffic opera- and marijuana seizure across the who claim their rights were Rohnert Park Public Safety
tions that target county line in Mendocino County violated during roadside stops Department, and he rejected
black-market when their property was taken. characterizations of his on-duty
drugs and money involving a pair of officers who six One is a Mendocino County behavior as unprofessional or
months later remain unidentified. cannabis dispensary owner and unethical.
longtime grower, Hue Freeman, “That is their opinion, but I
Tatum’s departure comes amid increasing who believes Tatum illegally disagree with their opinion,”
public scrutiny of a range of his on-duty actions seized more than $65,000 worth Tatum, 35, said in an interview. “I
and persistent questions about missing cash and of marijuana he was bringing served and protected my commu-
to a dispensary. He said he feels nity and made a positive impact
seized marijuana. It has raised questions about emboldened to speak out about and changed people’s lives for the
why Rohnert Park routinely sent its officers his case now that others are positive, the best I could.”
to the northern edge of the county to conduct questioning Tatum’s police- The encounter with Freeman
work.
highway seizures even with a staffing shortage “I didn’t want to be the only TURN TO INVESTIGATION » PAGE A14
and after other agencies stopped.
Movies D6 Sonoma Life D1 COUNTY TRANSIT FUNDS AT RISK: Millions SANTA ROSA ©2018
Nevius C1 Smith A3 for road projects could be lost in November if High 90, Low 50 The Press
Democrat
Obituaries B4 Towns T1 voters statewide approve repeal of gas tax / A3 THE WEATHER, C8
Jess Petty of Elegant Jazz (horn and vocalist)
and Ken Chambers (keyboardist) will entertain
Friends House residents and guests
on our patio on the green.
For complimentary tickets sign up
at www.friendshouse.org FRIENDS HOUSE
A14 THE PRESS DEMOCRAT • SUNDAY, JULY 8, 2018

“As I got just past the Asti turnoff I noticed a Rohnert Park police car going
northbound and I made the comment, ‘What are they doing up here?’”
HUE FREEMAN, Mendocino County grower, dispensary owner

ALVIN JORNADA / THE PRESS DEMOCRAT

OFF THE BEATEN PATH: Motorists drive along Highway 101 around Frog Woman Rock near Hopland. A former co-worker of Brendon Tatum, who is under investigation by the Rohnert Park Public Safety Department,
said he continued patrolling highway near the Sonoma-Mendocino border even after command staff last year informed officers they were ending the operation.

INVESTIGATION over the course of two weeks. A

representative of his Pleasant
said. “There had been a recog-
nition (in California) that there
Hill-based firm said Buffington
were a number of lawful bases
Rancho Cotate High School and
received his police training from
Santa Rosa Junior College’s
its prolonged focus on highway
drug missions far from Rohnert
Park — which increased after
CONTINUED FROM A1 had no comment or statement on which someone could lawful- Public Safety Training Center. other cities ceased.
to offer. ly be carrying cannabis on the State records show Rohnert Park The operations boosted the

T
is among a number of troubling highway. I feel their procedures hired Tatum in December 2003, department’s budget. Local law
run-ins with Tatum described by ATUM SAID he doesn’t were certainly out of line.” while he was at the public safety enforcement agencies can keep
defendants and lawyers who’ve remember the traffic stop Freeman said the officers academy. He was promoted to a portion of the money they
criticized his police work, point- with Freeman, which oc- asked him about the strains sergeant in July 2015. seize through state and federal
ing to what they said were ques- curred a year and a half ago. of marijuana in the vehicle, Tatum has been involved in civil asset forfeiture laws. Since
tionable traffic stops, searches Freeman is part owner of a which he said seemed odd. He two officer-involved shootings, 2015, Rohnert Park’s officers
and seizures. dispensary in the town of Men- explained he was following one of which was fatal. The Dis- have seized assets worth more
Interviews with people he docino, Sol de Mendocino, and he California medical marijuana trict Attorney’s Office cleared than $2.4 million, more than any
pulled over on the road, as well grows cannabis in the Anderson laws that allow cultivators to be Tatum in the 2005 fatal shooting other law enforcement agency
as a half-dozen defense attor- Valley. On Dec. 29, 2016, Free- compensated for their work and of a 30-year-old man who was in Sonoma County, according
neys and several police officers, man was driving his harvest in materials, which he estimated at high on methamphetamine to the California Department of
including members of his a rental car down Highway 101 about $1,400 per pound. and armed with a gun during a Justice. The department’s annu-
own department, also reveal a to the Higher Path dispensary in The officers seized the can- nighttime foot chase. In January, al budget is about $20 million.
pattern of aggressive confronta- Sherman Oaks. But he didn’t get nabis. Although charges were Tatum was one of five officers Schwartz, in an email re-
tions — both with people under past Geyserville. never filed, Freeman has been who shot at a 21-year-old man sponse to The Press Democrat’s
investigation by Tatum and with “As I got just past the Asti unable to get it back. He sus- during a standoff in front of questions, would not elaborate
lawyers he’s accosted at their turnoff I noticed a Rohnert Park pects his cannabis never made the police station near Rohnert on the policy decision to send
workplace and at the Sonoma police car going northbound and it to the Police Department be- Park Expressway. The man was officers so far north but said
County courthouse. I made the comment, ‘What are cause he’s never received proof wounded. District Attorney offi- Rohnert Park participated in
In the courtroom, defense they doing up here?’” said Free- it had. cials said they are waiting for a these highway drug seizure
attorneys have uncovered cases man, who was driving with the But five days after the traffic Sonoma County Sheriff’s Office missions to “reduce the flow of
where Tatum violated his own adult son of a friend. “No sooner stop, a Sonoma County judge report on the shooting. illegal drugs to Sonoma County,
department policies, including than I got those words out of my signed a destruction order Tatum is also the subject of an including the City of Rohnert
a September 2016 encounter mouth, they braked and crossed for the cannabis requested by ongoing federal civil rights case Park.” He noted that Rohnert
where the sergeant repeatedly the divide and got right beside Rohnert Park, according to against Rohnert Park alleging Park’s crime rate “remains
turned off his body camera while me and turned on their lights.” Assistant District Attorney Bill he and other officers conducted low by historic standards, and
investigating a fender bender Freeman said the traffic stop, Brockley, who reviewed the an illegal, warrantless search response times to fires and other
and ordered a junior officer to involving Tatum and another case documents in response to of a family’s house in 2014. With emergencies that are generally
turn his camera off, according to officer, felt questionable from the Press Democrat’s query last his partners at the front door, within national standards.”
court filings. Tatum then failed the start. week. It wasn’t until about four Tatum was the officer who went He cited an earlier email state-
to properly catalogue the video, He was told by officers that he weeks later that prosecutors around to the back of the house ment provided last month to The
resulting in a delay of about six had allowed his wheels to touch received Rohnert Park’s report then entered a back door of the Press Democrat stating that the
months in criminal proceedings the white fog line, according to requesting charges against Free- home and held a resident at gun- city takes concerns about police
against one of the drivers while Freeman. One of their first ques- man, the files show. They de- point, according to an attorney officer conduct seriously. But he
police staff searched for the tions, according to Freeman: Did clined to charge Freeman with a in the case. The trial is sched- declined to provide information
missing evidence, court records he have marijuana in the car? crime “in the interest of justice” uled for October. about how much money the city
show. The case was dismissed The answer was yes. after determining Freeman Tatum said he didn’t wish to is spending on an outside firm
June 28. Freeman was hauling appeared to be following medical comment in detail on many of brought in to investigate Tatum
In another case, Tatum seized 47 pounds of cannabis, the bulk marijuana rules, Brockley said. the allegations facing him or even though the cost of such
a man’s car and then abandoned of his annual harvest, worth an The city declined to provide meet with a reporter in person. contracts are routinely disclosed
him on the side of the highway estimated $65,800. Tatum and the information about Freeman’s “For 15 years I put my life on as part of city business.
to walk to a nearby exit, ac- other officer, Joseph Huffaker, case by press time, including de- the line,” Tatum said. “I was “I’m following the recommen-
cording to interviews and court seized it and cited Freeman for tails about whether the cannabis involved with two shootings and dation of the city attorney,”
records. In another, Tatum illegal possession of cannabis, was booked into evidence and if it’s stressful. I have kids and a Schwartz said.
demanded a man give him the according to public records, in- it was in fact destroyed. wife and I just want to focus on Rohnert Park is a combined
earrings he was wearing while cluding a misdemeanor citation “They stole from us, that’s my family and be a good dad.” police and firefighting agency,

T
he was detained in a parking lot, and a letter to the city of Rohnert what they did,” Freeman said. one of only two cities in the

the man’s lawyer said.
Tatum is on the so-called
Brady list maintained by the
Sonoma County District Attor-
ney’s Office, a designation that
requires prosecutors to notify
defendants and their attorneys
when an officer has potential
credibility issues, such as having alert them he was getting on the in the department, which the offi- author of Humboldt County’s
lied in an official capacity.
Rohnert Park Assistant City
Manager Don Schwartz said he
cannot disclose whether Tatum
resigned or was fired, and he
also cannot provide Tatum’s
last day of employment because
of California laws prohibiting
the release of police personnel
information.
“We’re very limited on what
we can say regarding personnel tive. While on the phone with the year informed its officers they
issues,” Schwartz said.
I
Park from Freeman’s lawyer. ATUM’S BOSS will not state with personnel trained to
Freeman said he had a packet NSIDE THE DEPARTMENT, answer questions about perform both duties. Tatum was
of documents showing he had a Tatum was regarded as “this him, even in the face of new listed as a sergeant assigned to
cultivation license through Men- amazing dope cop” who revelations and increasing public the fire services division in 2017,
docino County and an agree- brought significant amounts of criticism of the city’s public safe- according to city payroll re-
ment to bring the marijuana to asset forfeiture money into the ty department. The city’s internal cords. That year, Tatum earned
the dispensary. He had called city, according to a fellow officer. investigation of Tatum was first $203,477, including $77,488 in
the dispensary that morning to Tatum had great independence reported in April by Kym Kemp, overtime pay, plus benefits val-
ued at $97,959.
road. cer said was beset by a culture of Redheaded Blackbelt news blog Rohnert Park’s investigation
Freeman showed the officers lax oversight. Tatum’s co-worker and also last month by KQED, the into Tatum is focused on the
— Tatum and Huffaker — his pa- asked to have his name withheld Bay Area’s NPR affiliate. complaints of one man, Zeke
perwork and put one of them on out of concern managers would Tatum’s boss is Rohnert Park Flatten, Schwartz said. Flatten
the phone with his lawyer, Fort retaliate against employees Public Safety Director Brian said he believes a pair of officers
Bragg attorney Hannah Nelson. speaking out about personnel Masterson. He has refused to wrongly seized 3 pounds of can-
In an interview, Nelson said and policy issues. speak with The Press Demo- nabis from him during a Decem-
Freeman diligently follows The officer said Tatum contin- crat, and referred all questions ber traffic stop on Highway 101.
California’s rules for medical ued patrolling Highway 101 near to Schwartz, the assistant city The investigation is looking into
marijuana cultivation, transpor- the Sonoma-Mendocino border manager. what role, if any, Tatum and
tation and sale within a collec- even after command staff last Schwartz confirmed the Huffaker had in the stop. Huffak-
existence of the investigation er remains employed by the city
officers, Nelson said she offered would no longer routinely do but would not discuss Tatum or and is on paid leave.

B
A police union official did not to put them on the phone with a so. Command staff appeared to accusations of misconduct, saying
respond to requests for comment. Mendocino County sheriff’s offi- overlook or ignore Tatum’s con- California law bars him from dis- EFORE HE LEFT the
Tatum said he decided to cial who could vouch for Free- tinued forays north, he said. cussing police personnel matters. Rohnert Park force, Tatum
resign from his job with Rohnert man. She said they declined. “It’s suspicious,” the officer “I’m not answering questions had faced heavy scrutiny
Park last month and quit the “I can honestly say those tac- said. “Why weren’t the bosses on specific cases,” Schwartz in the court cases involving
law enforcement profession tics by the Rohnert Park Police stepping up, and saying, ‘This is said. his arrests. Defense attorneys
altogether. The internal inves- Department were tactics no a red flag?’” Schwartz also declined to an- have said that while their job
tigation of him plus the public longer being used by many law Raised in Sonoma County, swer questions about the depart- is to question the lawfulness of
scrutiny have been stressful, he enforcement officers,” Nelson Tatum played basketball for ment’s oversight of its officers or arrests, they said Tatum stood
said, and he had already been out as engaging in a pattern of
thinking about a career change.
“I’m just trying to move on
with my life,” Tatum said. “The
“For 15 years I put my life on the line. ... questionable police work and
unprofessional behavior.
They raised their concerns
law enforcement profession has
changed.”
I have kids and a wife and I just want to focus with the District Attorney’s
Office, according to interviews
Tatum’s attorney, Justin
Buffington, did not respond to
on my family and be a good dad.” with local lawyers.

repeated requests for comment BRENDON TATUM, former Rohnert Park police sergeant who is under investigation TURN TO INVESTIGATION » PAGE A15
THE PRESS DEMOCRAT • SUNDAY, JULY 8, 2018
“His reputation is of not telling the truth. He gets caught in court
and cases get thrown out because of it.”
STEVE GALLENSON, longtime Santa Rosa defense attorney about former Rohnert Park police sergeant Brendon Tatum
INVESTIGATION
CONTINUED FROM A14
“His reputation is of not
telling the truth,” said Steve
Gallenson, 65, a longtime Santa
Rosa defense attorney. “He gets
caught in court and cases get
thrown out because of it.”
District Attorney Jill Ravitch
declined to discuss whether her
office is investigating Tatum for
possible misconduct.
“We don’t talk about investiga-
tions,” Ravitch said.
Ravitch’s office decides when
law enforcement officers have
engaged in conduct requiring
what’s called Brady disclosure,
a designation named after a 1963
U.S. Supreme Court case, Brady
vs. Maryland, requiring prose-
cutors to disclose to defendants
and defense attorneys informa-
tion that could undermine an
officer’s credibility.
Tatum’s designation came after
he provided false testimony on the
stand in 2016 while being ques-
tioned about whether he knew a
driver’s vehicle registration was
expired before pulling him over,
according to court documents
provided to The Press Democrat.
During the hearing, Tatum
was unable to answer the
question definitively and asked
to make a phone call during a
break to research dispatch re-
cords. A dispatcher couldn’t get
into the records system quickly
and was unable to answer his
question before the call ended,
according to a court transcript.
But Tatum testified the dis-
patcher gave him information
confirming he had checked the
registration before pulling the
driver over, court records show.
Tatum later said he was
merely exhausted that day and
didn’t intend to provide inaccu-
rate information, according to a
court transcript.
A
NOTHER OF the ongo-
ing claims facing Tatum
is that he was involved
somehow in the disappearance
of more than $10,000 in cash
seized from a Fairfield man
during a traffic stop two years
ago.
Lucas Serafine, 36, who
recently moved back to Cal-
ifornia from Las Vegas, said
he had $132,000 in cash in two
sealed containers in the trunk
of his girlfriend’s Mazda 3 sedan
when they were pulled over by
Rohnert Park police officers
about 2:20 p.m. March 10, 2016,
on Highway 101 near Cloverdale.
His girlfriend had picked him
up at the airport in San Francis-
co and they were heading north
to Humboldt County for a poker
tournament at the Bear River
Casino. He said he was also go-
ing to look at a piece of property
he wanted to buy.
According to court documents, traffic stop on Highway 101
the officers, Tatum and Nicholas south of Hopland in Mendocino
Miller, had pulled Serafine’s
girlfriend over for traveling too
fast for weather conditions. The
officers claimed they smelled
marijuana, which they said gave and said he had been speeding.
them the authority to search
the vehicle, said Serafine, who
noted he had just come from the of marijuana they found in the
airport and had no marijuana.
The officers found the cash.
The officers seized the money
and gave Serafine a felony cita-
tion for being in possession of
money from unlawful drug sales, Bureau of Alcohol, Tobacco,
according to a traffic citation.
Only $121,920 ended up in evi-
dence at the police department,
court documents show.
“All I can assume is they
reached in and pulled out a
stack and put it in their pocket,” ed (over) my license and rental
Serafine said.
Serafine’s lawyer reported the nice day.’”
missing $10,080 to the Rohnert
Park Public Safety Department. and The Press Democrat that no the highway to fight the war on
They never received a response, ATF officer was involved in his
he said.
Serafine is suing Rohnert
Park in a case scheduled for a
November trial, arguing that
Tatum and Miller violated his
rights against unlawful search
and seizure by their actions
during the traffic stop. He’s also involved, Tatum included Flat-
demanding the city return the
remainder of his money.
Tatum denied allegations
he or the other officer took the
money.
“That did not happen,” Tatum Mendocino-Sonoma county line. senting 20 percent of his marijua- began indicating he would
said.
Serafine was never charged
with a crime, and the District
Attorney’s Office has since
returned $100,000 to him,
according to Serafine and the
settlement document filed in
Sonoma County Superior Court has no memory of a traffic stop
in August 2017.
Chief Deputy District Attor-
ney Scott Jamar said prosecu-
tors investigated the source of
the money and determined the
bulk was from “potentially a
legitimate source.” But prosecu- County Sheriff’s Office.
tors determined the remainder
TENDING HIS CROP: Hue Freeman, 60, prunes plants on his state-licensed cannabis farm above the Alexander Valley.
— $21,920 — was “money that
was in exchange for a controlled
substance or proceeds from drug
sales,” according to Jamar. He
declined to provide information
about the evidence linking the
cash to drug sales.
Serafine denies any criminal
involvement and said the money
was from gambling, which has
been his primary income for the
last eight years. Serafine said
the District Attorney’s Office
never produced evidence linking
his money to criminal activity,
and he said he felt pressured
to resolve the case because the
financial loss was difficult. As
a gambler, he needed money to
make money.
“They never said (to me), ‘We
believe the money is tainted,’”
Serafine said. “They can’t tell a
reporter that, that’s so wrong.”
On June 26, four days after
Rohnert Park officials acknowl-
edged that Tatum had left the
department, Serafine said he
received a phone call from a
lawyer representing the city
of Rohnert Park who made an
initial offer of $15,000 to settle
the civil case, then upped it to
$22,000.
Serafine said he declined.
“They took my money, held
it up like a trophy,” Serafine
said of the roadside encounter.
“They didn’t give us a receipt for
the money and said, ‘You can get
an attorney.’”
T
HE REPORTED POLICE
encounter that launched
the ongoing investigation
into Tatum was a brief Dec. 5
County.
Zeke Flatten, the driver, said a
pair of officers in an unmarked
patrol vehicle pulled him over
Minutes later the officers were
gone, taking with them 3 pounds
back of his rented SUV and
leaving without giving Flatten a
citation, he said.
Flatten said one of the officers
said they worked for the U.S.
Firearms and Explosives.
“He said, ‘We’re with the ATF. Park City Councilman Amy
Marijuana is taking over in Cal- Ahanotu, who was mayor at the encounter shows Tatum con-
ifornia like cigarettes, you may
get a letter from Washington,’”
according to Flatten. “He hand-
car contract and said, ‘Have a
Bureau officials told Flatten
traffic stop.
“I know it wasn’t lawful, I
know it was unconstitutional,”
said Flatten, a former police offi- include marijuana possession,
cer at a Texas school district.
Though no law enforcement
agency has said its officers were
ten’s name on an official police
report, and the department in
February issued a press release
about a December traffic stop
and marijuana seizure near the
The press release didn’t identity
the driver or provide the day of
the stop.
Tatum said he made a paper-
work mistake that has drawn
him into a “lengthy” internal
investigation. Tatum said he
involving Flatten, and he incor-
rectly put Flatten’s name into
a police report involving a dif-
ferent driver on a different day
because he relied on information tions to suppress evidence based Association, OK? Because court
given to him by the Mendocino
Tatum said he was conducting Gallenson, the veteran Santa
A15
JOHN BURGESS / THE PRESS DEMOCRAT
surveillance near the Sono- Rosa defense attorney. “And look bad,” Tatum said.
ma-Mendocino county line on then he doesn’t tell the truth Several weeks after that
Dec. 18 when he and Huffaker about it and he gets caught in courthouse confrontation in
stopped a Mercedes-Benz in con- those lies. And the case gets 2014, about 10 defense attorneys
nection with an unrelated case. dismissed. Then what happened gathered at a conference table at
It turned out the driver to him is he gets a promotion.” Andrian and Gallenson’s office
G
wasn’t the person they were to discuss their concerns about
looking for, but they found he ALLENSON SAID he Tatum. They agreed to submit
was hauling about 30 pounds complained about Tatum declarations in each other’s cas-
of cannabis that he didn’t have to the District Attorney’s es when Tatum was an arresting
documentation for, according to
Office in 2014. Gallenson said officer, and provide information
Tatum. He said the driver told
he told a lawyer in the District about his behavior toward them
the officers the cannabis wasn’t
Attorney’s Office that Tatum and their clients.
his, so they seized it, booking it
seemed to be out of control and They’ve done so in several
into the Police Department as
called him “a rogue cop.” cases so far.
T
“found property,” according to Gallenson’s complaint
Tatum and Rohnert Park evi- stemmed from several encoun- ATUM WAS EXPECTED
dence records. Tatum said that
ters between Tatum and one of to testify as a witness on
they aren’t required to write a
his clients, who was under in- March 1, 2016, in a Sonoma
report for “found property,” so
vestigation for illegal drug sales. County courtroom when instead
he didn’t have any record of the
In one instance, Gallenson said, he conducted a traffic stop on
driver’s identity. Tatum ordered the man to give Highway 101 between Rohnert
Tatum said he didn’t call the
up the earrings he was wearing Park and Santa Rosa, according
traffic stop into dispatch at the
in a parking lot. to Sebastopol criminal defense
time because “we were trying toThe lawyer’s comments were attorney Izaak Schwaiger, who
stay low key” during the surveil-
apparently relayed back to described the incident in an in-
lance operation. Tatum, who showed up about terview as well as in a declaration
“We were provided with a week later to Gallenson’s filed in court. A judge was sched-
Zeke’s information, that’s why
Mendocino Avenue office with a uled to consider Schwaiger’s
the name and date got messedstack of complaint forms. Tatum argument alleging Tatum con-
up. It’s because we were provid-
ran into Gallenson’s law partner, ducted an unlawful warrantless
ed the date and the name from
Chris Andrian, in the parking lot. search and so the evidence taken
the Mendocino County Sheriff’s According to Andrian, anoth- should be inadmissible.
Office,” Tatum said. “That was
er veteran of the local defense But Tatum did not show up
the only stop that we remem-bar, Tatum shoved a stack of in court. Instead, Tatum pulled
bered dealing with anybody with
complaint forms in his direction over a vehicle for speeding and
a similar vehicle.” and said Gallenson was “taking tailgating, according to the court
Flatten’s persistent com-food off his family’s table” by files.
plaints about the traffic stop
questioning the integrity of his The driver, Luis Carnero,
and drug seizure prompted the
police work with the District At- said he was driving about 5 mph
city of Rohnert Park to hiretorney’s Office. Andrian said he above the speed limit. He said
an outside firm to conduct an
has known Tatum since he was a Tatum immediately started
administrative investigationchild and is close with his aunt, asking Carnero and his passen-
into Tatum. Flatten also sent a
who used to work for him. ger if they had cash or drugs in
complaint about his encounter “He got so aggressive toward the car. In an interview, Carnero
with the unidentified officers to
me, it freaked me out,” said described his encounter with
the Mendocino County Sheriff’s
Andrian, 74. “I saw a side of him Tatum as “one of the worst
Office and the FBI. that I’d never seen before.” experiences of my life.”
An FBI spokesman said they A week or so later, Andri- “He started immediately
reviewed the complaint but an and several other lawyers getting aggressive,” Carnero
didn’t find grounds to investi-
watched as Tatum confronted said. “My friend with me is a
gate further. When asked wheth-
Gallenson in a Sonoma County bit flashy, he wears jewelry, and
er the agency is investigating
Superior Court hallway. Several Tatum, he immediately labeled
Tatum related to other matters,
witnesses said Tatum’s demean- us as drug dealers.”
FBI spokesman Prentice Danner
or and statements during the Tatum searched the vehicle
said he could not provide fur-
encounter went beyond the and their luggage, finding a
ther comment. normal adversarial relationship few grams of marijuana they
T
between criminal defense attor- had purchased at a San Fran-
HE SAME YEAR Tatum neys and cops. cisco dispensary. He seized the
was promoted to sergeant, “There’s no other cop I’ve ever rental vehicle and both men’s
he was awarded “Officer known who has behaved that cellphones, and ultimately gave
of the Year” for his work on way in a courthouse,” Andrian Carnero a citation for driving
drug interdiction cases. Rohnert said. without a license, according to
Cellphone video taken of the the documents.
Carnero had a valid Texas
time, complimented Tatum for fronting Gallenson, who is seat- driver’s license, but he had
his passion for combating illegal ed on a hallway bench talking moved from Texas to San
drug activity during a March to a prosecutor. Not all of the Francisco a little more than a
2015 council meeting. conversation is audible but in month before the traffic stop.
Tatum addressed the council, response to Tatum’s complaints, Tatum said Carnero had failed
thanking the city “for giving Gallenson responds: “I thought to acquire a California driver’s
me the opportunity to work it was an out-of-control move.” license in a timely manner,
“What about it? He’s a drug according to Carnero.
drugs.” dealer. All this stuff that he has, A judge ultimately dismissed
Tatum has arrested or cited it can come through court,” the case against Carnero, but he
at least 68 people from 2013 Tatum said in the video, refer- was still on the hook for more
through 2017 for charges that ring to Gallenson’s client. “So than $1,000 in fees from the
if you want to run your mouth rental car company because the
according to Rohnert Park Pub- outside of court, I’m going to vehicle was impounded.
lic Safety Department records. do everything I can to prove my Carnero said he was so trou-
Of those, 30 people were con- case. This is unprofessional, you bled by the encounter that he
victed of a crime. Misdemeanor calling the DA and telling them agreed to testify in an unrelated
possession of more than 28.5 I’m out of control. It’s unprofes- case in Sonoma County Superior
grams of marijuana was the sional and it’s childish.” Court about his encounter with
most frequently cited crime. They continued discussing the Tatum, in an effort to provide
The charges were dismissed issue while other attorneys and context about an alleged pattern
against 14 defendants — repre- bystanders watched, and Tatum of behavior by the officer. His tes-
timony ultimately was not need-
na possession arrests. In addi- consider taking some kind of ed and the case was dismissed.
tion, the Sonoma County District action if Gallenson questioned Schwaiger, Carnero’s lawyer,
Attorney’s Office rejected 10 drug his police work again with the said he’s handled several cases
cases involving an unknown District Attorney’s Office. with Tatum as the arresting
number of people arrested by “If you call the DA’s office officer, including a case when
Tatum, which means prosecutors again and say I’m out of control he argued Tatum provided false
declined to file any charges in and that you have issues ...” said information on the stand.
those cases, records show. The Tatum. Tatum “has no business to be
remaining 15 cases are pending Gallenson stood up, folded his wearing a badge,” Schwaiger
or were resolved in other ways. hands in front of his torso and said, “and quite frankly I’m glad
“There have been many cases said: “What?” to hear he’s not anymore.”
where lawyers have filed mo- “I’ll call the (California) Bar
You can reach Staff Writer Julie
on the fact that he (Tatum) pulls is the time to bring something Johnson at 707-521-5220 or julie.
people over without cause,” said like that up, not trying to ruin johnson@pressdemocrat.com.
my reputation or try to make me On Twitter @jjpressdem.