CHP, Oakland in tiff over plainclothes officers at protests
Updated: 3:02 PM PST Dec 18, 2014
Although California Highway Patrol officials said they had planted plainclothes officers within recent demonstrations in Oakland and Berkeley with the approval of the cities' respective police departments, Oakland police officials said Wednesday that they were unaware that the CHP had undercover officers within their jurisdiction the night one pulled a gun on protesters after his partner was attacked.The CHP was criticized last week when two plainclothes officers, who were dressed as protesters with bandannas over their faces, were identified by others in a crowd of about 50 near Lake Merritt around 11:30 p.m. Dec. 10.When authorities and witnesses said one of the protesters took a hat from an officer and punched him in the head, the second officer pulled out a baton, and then a gun, which he pointed at the protesters and panned across the crowd to keep them away from him and his partner.Avery Browne, chief of CHP's Golden Gate Division, defended the officers' actions and said the agency has had plainclothes officers at these demonstrations since they began Nov. 24, to gather information that would prevent protesters from entering and blocking freeways, a core tactic of the movement against racial injustice and police brutality.The march that night, as on many other nights, moved between Berkeley and Oakland.Browne said the Oakland Police Department was aware of the CHP's plainclothes operations, and that CHP had an officer in Berkeley's emergency operations center.But Oakland police Sgt. Holly Joshi said Wednesday that in the past week, officials have been "looking and checking" into the situation, and "we haven't been able to find any evidence or any person who knew.""We knew CHP was there," she said. "We were unable to locate anyone who knew about the undercover portion."Browne refuses to identify the officers as undercover and instead refers to them as "plainclothes."Faulty communication about undercover operations between agencies in such operations can be dangerous, if not fatal.In 2001, an undercover narcotics officer was killed by two fellow Oakland police officers who found him in plainclothes with his gun drawn. The officer had been making an auto theft arrest."I think that undercover operations are very serious," Joshi said. "All of us, as we move forward, need to make sure that our communications are really, really good. We already had several meetings with the upper command staff of all the agencies involved to make sure all those checks and balances will be happening going forward."Browne defended the use of plainclothes officers in a news conference last week, saying the officers were able to gather enough information to prevent protesters from blocking two freeways twice on Dec. 10.However, several protesters said that was not an objective that night.The march began peacefully in Berkeley with hundreds of participants calling for justice for Michael Brown and Eric Garner, two unarmed black men who were killed by white police officers in Missouri and New York, respectively.Just before the officers were identified, several vandals traveling with the group smashed the windows of a T-Mobile store in Oakland's Chinatown neighborhood and made off with merchandise. A nearby Wells Fargo ATM was also damaged.Browne said the officers, whose names are not being released, had been tailing the group in a car for most of the march, but got out on foot when the vandalism began in hopes of helping Oakland police identify the vandals.Several protesters took to Twitter to say the officers had actually instigated acts of vandalism and were banging on windows alongside others, but Browne denounced those claims and said he has not seen any reports of wrongdoing.Protesters — and a freelance photographer working for The Chronicle — also said the officer did not show his badge or identify himself as a law enforcement agent, something that Browne said the officer did and was CHP policy.The two officers are assigned to the auto theft unit of the agency's detective bureau. The officer who drew his weapon is still on active duty, and the officer who was attacked — and later kicked in the head by another protester while trying to make an arrest — suffered head injuries and was displaying concussion-like symptoms.Had Oakland police been aware of the two officers working undercover, then the department would have been violating its policy that prohibits officers providing mutual aid from being in front-line positions unless in a public emergency, according to civil rights attorney Jim Chanin.Court records show undercover Oakland officers have played key roles in numerous other protests, pointing out suspects accused of wrongdoing to uniformed officers. Joshi would not say if Oakland police had undercover officers at these recent protests, but she said she believed every officer working at the demonstrations had shown "professionalism."She also said she is appreciative of the outside agencies that assist the Oakland department."They are necessary and a very important part of the equation," Joshi said. "It's very important for us to all communicate as these protests move from city to city. They're very dynamic, they're fluid, and it's very important for us to keep up communications. I feel like we've done that."
OAKLAND, Calif. (SF GATE) —
Although California Highway Patrol officials said they had planted plainclothes officers within recent demonstrations in Oakland and Berkeley with the approval of the cities' respective police departments, Oakland police officials said Wednesday that they were unaware that the CHP had undercover officers within their jurisdiction the night one pulled a gun on protesters after his partner was attacked.
The CHP was criticized last week when two plainclothes officers, who were dressed as protesters with bandannas over their faces, were identified by others in a crowd of about 50 near Lake Merritt around 11:30 p.m. Dec. 10.
When authorities and witnesses said one of the protesters took a hat from an officer and punched him in the head, the second officer pulled out a baton, and then a gun, which he pointed at the protesters and panned across the crowd to keep them away from him and his partner.
Avery Browne, chief of CHP's Golden Gate Division, defended the officers' actions and said the agency has had plainclothes officers at these demonstrations since they began Nov. 24, to gather information that would prevent protesters from entering and blocking freeways, a core tactic of the movement against racial injustice and police brutality.
The march that night, as on many other nights, moved between Berkeley and Oakland.
Browne said the Oakland Police Department was aware of the CHP's plainclothes operations, and that CHP had an officer in Berkeley's emergency operations center.
But Oakland police Sgt. Holly Joshi said Wednesday that in the past week, officials have been "looking and checking" into the situation, and "we haven't been able to find any evidence or any person who knew."
"We knew CHP was there," she said. "We were unable to locate anyone who knew about the undercover portion."
Browne refuses to identify the officers as undercover and instead refers to them as "plainclothes."
Faulty communication about undercover operations between agencies in such operations can be dangerous, if not fatal.
In 2001, an undercover narcotics officer was killed by two fellow Oakland police officers who found him in plainclothes with his gun drawn. The officer had been making an auto theft arrest.
"I think that undercover operations are very serious," Joshi said. "All of us, as we move forward, need to make sure that our communications are really, really good. We already had several meetings with the upper command staff of all the agencies involved to make sure all those checks and balances will be happening going forward."
Browne defended the use of plainclothes officers in a news conference last week, saying the officers were able to gather enough information to prevent protesters from blocking two freeways twice on Dec. 10.
However, several protesters said that was not an objective that night.
The march began peacefully in Berkeley with hundreds of participants calling for justice for Michael Brown and Eric Garner, two unarmed black men who were killed by white police officers in Missouri and New York, respectively.
Just before the officers were identified, several vandals traveling with the group smashed the windows of a T-Mobile store in Oakland's Chinatown neighborhood and made off with merchandise. A nearby Wells Fargo ATM was also damaged.
Browne said the officers, whose names are not being released, had been tailing the group in a car for most of the march, but got out on foot when the vandalism began in hopes of helping Oakland police identify the vandals.
Several protesters took to Twitter to say the officers had actually instigated acts of vandalism and were banging on windows alongside others, but Browne denounced those claims and said he has not seen any reports of wrongdoing.
Protesters — and a freelance photographer working for The Chronicle — also said the officer did not show his badge or identify himself as a law enforcement agent, something that Browne said the officer did and was CHP policy.
The two officers are assigned to the auto theft unit of the agency's detective bureau. The officer who drew his weapon is still on active duty, and the officer who was attacked — and later kicked in the head by another protester while trying to make an arrest — suffered head injuries and was displaying concussion-like symptoms.
Had Oakland police been aware of the two officers working undercover, then the department would have been violating its policy that prohibits officers providing mutual aid from being in front-line positions unless in a public emergency, according to civil rights attorney Jim Chanin.
Court records show undercover Oakland officers have played key roles in numerous other protests, pointing out suspects accused of wrongdoing to uniformed officers. Joshi would not say if Oakland police had undercover officers at these recent protests, but she said she believed every officer working at the demonstrations had shown "professionalism."
She also said she is appreciative of the outside agencies that assist the Oakland department.
"They are necessary and a very important part of the equation," Joshi said. "It's very important for us to all communicate as these protests move from city to city. They're very dynamic, they're fluid, and it's very important for us to keep up communications. I feel like we've done that."