After a mystifying delay, on Monday the City of Santa Clara finally released a June 2021 report about an investigation of former police officers Brian Gilbert and Phil Cooke. The pair were convicted in a cyberstalking and harassment conspiracy that included a plan to enlist a Santa Clara Police Department (SCPD) officer into misleading federal and state law enforcement.
The City’s notice that the report had been released arrived at 6:15 p.m. on March 20 — 15 minutes after Asst. Chief Wahid Kazem provided the report to The Weekly.
The Weekly made its request on Feb. 28, and it was forwarded to the police department on March 9, according to the police public records request system.
Then on March 13, the City emailed The Weekly requesting another 14 days to “search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request.”
The police department approved release of the report last week — as the City was sending this email.
Further perplexing, another request for the investigation report was made on Jan. 1. That requestor received this reply: “The City has determined that there are no responsive records and no nonexempt records for this request.”
All of this happened in the first three months of 2023, more than 18 months after the independent investigator hired by the City of Santa Clara completed his investigation into Gilbert and Cooke and released that report to the City.
No Wrongdoing Found
The investigation was conducted by Howard Jordan, former Oakland Police Chief from 2011 – 2013, who retired in 2013. Jordan’s company has worked with the City previously. He was hired by Santa Clara in 2018 to evaluate public safety at Levi’s Stadium and was paid about $90,000 for this work.
To date, the City’s website does not list details of the RFP issued and filled for the Gilbert and Cooke investigation.
Jordan’s investigation found no evidence that Gilbert or Cooke used their positions within SCPD to gain post-retirement employment at eBay. It also found no evidence of any misdoing by Gilbert or Cooke while they worked for Santa Clara.
Further, Jordan’s report said, “There was no evidence to suggest that either Gilbert or Cooke had subsequent contact with current members of the Police Department in furtherance of their eBay-related conduct. Any communications between Gilbert or Cooke and the Department consisted of the usual communications between the City and retirees, and witnesses saw Gilbert and Cooke at social events, but did not engage with them in conversations about what was happening at eBay.”
Gilbert and Cooke “declined to speak formally” with Jordan, but Gilbert claimed that his idea of using a “local cop” was a “‘throwaway’ comment or just ‘an idea.’”
The federal indictment narrative suggests it was more than a “throwaway” idea.
A portion of the indictment included a conversation between Gilbert and Cooke that read: “‘Good plan and cover. Brian, important to be convincing so they don’t start looking to find video of who purchased the gift cards. Don’t think they would go that far but is a little concerning. If I was the Detective, I would ask you for a local PD context to go get video. Might want to have a friendly in mind.’ Gilbert replied: ‘I was thinking the same thing. If they bring it up, I might volunteer to assist with that. Then we can control the local cop and maybe provide a video from a different Santa Clara Safeway.’”
Then-City Manager Deanna Santana reportedly recused herself from the City’s investigation into Gilbert and Cooke.
You can read the report issued to the City of Santa Clara by the investigating agency here. [2021-06-29 (2990-010) Executive Summary of eBay Investigation]
Carolyn,
.
I am glad you have been on this story. I would like to know more about the RFP process for selecting the firm who conducted the investigation and wrote the report and what similar work this firm has done in the past and whether or not it has a record of ever finding fault within police departments or if they have a pattern of providing cover for departments.
There is good reason for an investigation by Howard Jordan to be scrutinized. Since 2003, Oakland’s Police Department has been operating under a Federal Consent Decree with a Federally appointed monitor overseeing a long list of reforms to root out various forms of police corruption. Jordan spent his entire law enforcement career at Oakland PD before he abruptly resigned upon being notified he was about to be removed by the Federal Monitor. The City Administrator (aka city manager) at the time of Jordan’s appointment and ousting was Deanna Santana.
• https://www.eastbaytimes.com/2013/05/10/jordan-quit-as-oakland-police-chief-after-learning-of-likely-ouster/
.
The East Bay Express, a local Newspaper covering Oakland since 1978, had this to say about Howard Jordan: “During his 25-year career, he rose through the ranks by forging close relationships with many people inside OPD, and as a result, was unable — and perhaps unwilling — to effectively deal with the department’s two major failings: its inability to cope with police misconduct and its failure to solve crimes.” https://eastbayexpress.com/howard-jordan-was-never-the-right-choice-1/
.
Yet again, it appears the City of Santa Clara and its former City Manager simply refused to seek an independent investigation by a resource with absolutely no ties to insiders. In contrast, Santa Clara County Supervisors contract with Southern California firm OIR Group to conduct internal investigations. The City of Santa Clara needs a much stronger council and city manager who will be prudent in looking for a truly independent investigator. And, as stated before, the City Council needs to start amending the City’s charter to appoint, not elect, a police chief.
CSC,
.
Thank you for your comment with the information you provide making a connection between Howard Jordan and Deanna Santana while they were both working in Oakland. It seems to be a conflict of interest and while I believe that Santana recused herself from involvement in the RFP for the investigation the fact that it went to Jordan still does not feel right.
.
I would welcome the city council commissioning another study with a more obviously independent investigator. But do you believe that there was actually cooperation within SCPD with Gilbert and Cooke regarding their crimes while they were working for Ebay?
Buchser, Cooke and Gilbert probably had a couple SCPD officers in mind who they were confident would assist their illegal activities. If they weren’t confident, Cooke likely would have never replied, “Good plan and cover.” You have to remember, this is the same police department where a sergeant testified he allowed officers to sit together and collude police reports and a captain testified he allowed a Use of Force document to be destroyed, both actions happened in the same case. Both the sergeant and captain are now Assistant Police Chiefs at SCPD and are good friends of Cooke and Gilbert.
.
I’m not convinced Santana separated herself wholly from influencing the investigation. In another recent article, someone with the moniker Deanna commented, “I knew each of the proposing bidders/consultants.” If that is Deanna Santana, what are the chances the only bidders to investigate her former direct reports are firms/people she has long-standing relationships with? As previously noted, other agencies in the county are prudent to contract firms outside the region significantly reducing chances of a biased and debased investigation.
• https://www.svvoice.com/when-it-comes-to-city-investigations-just-dont-get-caught-saying-naughty-words/
…additional item…
.
• 1) what are the chances the only bidders to investigate Santana’s former direct reports are firms/people she has long-standing relationships with and…
• 2) what’s the probability that the one person who is selected to investigate Santa Clara Police Officers is the one ex-cop who’s local community believes is unable to cope with police misconduct and fails to solve crimes?
.
However slight it may be, there is an appearance that Santana may have stacked the deck against transparency and justice and in favor of convicted ex-cops. The current city council, incoming City Manager, and incoming City Attorney should hire a completely different firm to take another look.
CSC,
.
I agree with just about all your concerns and suspicions. I would not oppose the commissioning of a new investigation into this and one lead by a firm that has no ties to anyone in the city whether in the PD or not.
.
But I also do not feel like we are likely missing anything without a new study. I do not think it is a foregone conclusion that Cooke and Gilbert were actively colluding with anyone in SCPD and if they were I do not think it is likely that this would be discoverable.
.
I would not object to spending the money but I do think that it is likely the money would be wasted in terms of what it would yield.