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Resident calls for probe of Atherton police

Jonathan Buckheit won a 'declaration of factual innocence' after his arrest

An Atherton resident who said he was wrongfully arrested in 2008 on domestic violence charges was exonerated Jan. 14 by a San Mateo County Superior Court judge. Now, he's publicly calling for an investigation into the Atherton Police Department's practices.

Jonathan Buckheit, who won a declaration of factual innocence from the judge, is pursuing a lawsuit in U.S. District Court against Atherton and two of the town's police officers, saying that his civil rights were violated by the 2008 arrest.

"I was falsely arrested in a domestic dispute in which I called 911," Buckheit told The Almanac.

No charges were brought against Buckheit in the domestic violence call that involved Buckheit and a woman, said Chief Deputy District Attorney Steve Wagstaffe.

"It was not sufficient (evidence) to prosecute, but it was not a case where we would agree to declaration of factual innocence," Wagstaffe said.

When Buckheit sought a copy of the police report from his arrest, both the Atherton Police Department and the San Mateo County District Attorney's office refused to give it to him, he said. Then-city Attorney Marc Hynes told him he was not entitled to the police report, Buckheit said.

"I was the one who received physical injuries during the incident, so I was entitled to it," he said.

Eight months later, Buckheit said he finally got the report, but only after he filed a lawsuit to get it. He was awarded almost $8,000 in legal fees and damages in that case, he said.

"The most disturbing thing is that they were trying to block my access to even apply for factual innocence," Buckheit said. "If there's no police report, you can't argue with the judge that you're factually innocent."

He asked the Atherton City Council to call for an investigation, saying that one of the officers involved testified in court that his police report had been altered.

"Order (city manager Jerry) Gruber and (chief Mike) Guerra to refer the report-tampering to the appropriate agency not the San Mateo County District Attorney," Buckheit said at the Jan. 20 council meeting.

Chief Guerra told The Almanac he couldn't comment on the situation, as there is a pending lawsuit, but did say, "We take those things very seriously, and we're looking into Buckheit's (allegations)."

A factual innocence petition is a relatively rare legal procedure. The petitioner, in this case Buckheit, must prove that there is no reasonable cause to believe that he or she committed a crime. Once granted, the arrest records are expunged and the case sealed.

"I've been totally exonerated," he said. "The judge said he was deeply disturbed by (the handling of the case)."

According to Wagstaffe, the DA's office "vigorously opposed" the factual innocence petition, but that the judge saw things differently.

"Judge Mark Forcum said the victim did have bruises, but that you can't say for sure where she got them," Wagstaffe said.

Buckheit said he's not thrilled about going public with his situation, but that he had no choice.

"What's happening isn't right, and it shouldn't just get swept under the rug," he said.

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Like this comment
Posted by Jes
a resident of Greater Miranda
on Feb 3, 2010 at 5:47 am

Police misconduct? It is the norm these days !

Like this comment
Posted by Resident
a resident of Atherton
on Feb 3, 2010 at 7:31 am

Where is our "Caped Crusader" ? Mr. Carpenter to investigate the wronged! He will get to the bottom of this and keep his residents informed. Thank You Mr. C.

Like this comment
Posted by JustMe
a resident of Duveneck/St. Francis
on Feb 3, 2010 at 10:19 am

Jonathan Buckheit was obviouslu guilty by gender, book him Danno.

It is not Politically correct to be male any more.

Like this comment
Posted by Mom by Gunn
a resident of Gunn High School
on Feb 3, 2010 at 3:40 pm

[Post removed by Palo Alto Online staff.]

2 people like this
Posted by marcus
a resident of Los Altos
on Feb 12, 2010 at 5:52 pm

Not sure if it's the same Jonathan Buckheit, but if he is, he is rude, bullies others, and is a bad person!

Like this comment
Posted by Bob
a resident of Palo Alto Hills
on Feb 14, 2010 at 4:22 pm

Marcus, could not be further from the truth in my opinion, but it really doesn't matter if you don't like him, or I do: no one should be falsely accused or arrested of anything, even if we don't like him or her. Hope you agree.

Like this comment
Posted by Joseph
a resident of another community
on Apr 2, 2010 at 1:24 am

Justice must be fair/reasonable. An unlawful arrest may devastate ones life forever. It appears law enforcement only cares about putting people on Record regardless of innocence. Whatever happened to "common sense" "good judgment" performance of a policeman's duty? What happened to the "burden of proof" being on the accuser? Thank goodness there are some Judges that see through this injustice and provide relief.

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