City vows more discretion after theatre audit

The Palo Alto Police Department is vowing to be more discreet and collaborative during future high-profile investigations to avoid the mistakes that plagued last year’s badly botched probe into the Palo Alto Children’s Theatre.

In a new report, Interim Police Chief Dennis Burns and Kelly Morariu, assistant to the city manager, endorse a recent audit that exposed a myriad of flaws in the 2007-08 police investigation into financial fraud in the theater. The investigation centered around four Theatre employees — including former Director Pat Briggs — and concluded without any charges filed.

The subsequent audit, prepared by police auditor Michael Gennaco and released in May, characterized the police probe into Theatre finances as biased, sloppy and largely unfounded. The audit is particularly critical toward the leading investigator, a detective who reportedly ignored exculpatory information, declined to interview several important witnesses and produced a report that the audit described as “an amalgam of facts, theories and conjecture.”

Though the report doesn’t name the detective, he is presumed to be retired Sgt. Michael Yore, the lead investigator in the probe.

In a new report, Burns and Morariu endorse the eight recommendations contained in the audit. These include consulting with the district attorney early in the investigation; considering an independent financial audit before undertaking a criminal investigation; considering referring the investigation to an outside agency; making sure investigators assigned to financial crimes have adequate training; and refraining from making public comments during the investigation.

The report also advised the city to be cautious with making police records public, to train police officers to write “appropriate reports” and to make sure officers understand the importance of seeking potentially exculpatory evidence.

City and police officials essentially agreed with all the recommendations and pledged to follow them during future high-profile investigations. According to the report by Burns and Morairu, officers will now have to consult with the city manager’s office “to determine if and when public communications are necessary” during criminal investigations. In cases where no charges have been filed, the police department would not release its reports before consulting with the City Manager’s and City Attorney’s offices.

The police department will also work to make sure one detective doesn’t dominate any future investigations, as Yore reportedly dominated the Children’s Theatre probe. According to the new report, the police department will now encourage officers to “pause at various points during the investigation to seek advice from other department members on the approach and efficacy of the investigation at that point,” the report states.

“During high profile and sensitive cases, a team approach should be utilized so that the investigation does not become the sole responsibility of one individual.”

The City Council had already responded to the police audit by publicly apologizing to the Children’s Theatre and to the employees targeted by the investigation. But the council has yet to discuss a recent letter from three former members of Friends of the Palo Alto Children’s Theatre. The letter, mailed last month, asks the city to provide reimbursements for legal costs of defending the Children’s Theatre during the investigation.

The City Council meeting will begin tonight (Monday) at 8 p.m., or as soon as possible after the council’s closed session with its labor unions and the Management and Professional Group, at the Council Chambers in City Hall, 250 Hamilton Ave.