Wow, that’s a terrible article on a big issue in Santa Rosa. Here’s a better article:
http://www.pressdemocrat.com/home/3461849-181/lopez-task-force-unveils-civilian
BTW, IMHO this proposed oversight panel is a good start, but it has no teeth and will ultimately be worthless. It would not be able to subpoena or indict. If the proposed panel made a recommendation to the DA that an officer be charged, it’s likely (with our current cast of players) that it would be utterly ignored. DA Jill Ravitch actually campaigned for her “bestie” Sheriff Steve Freitas, and has made it abundantly clear she will do nothing to go against him in any way.
We need an independent oversight body with teeth. To get it, we’re going to have to get that proposal on a local ballot. That’s going to be a hard sell, even though we need it desperately.
The problem with indictment is that it can only be done by a vested authority of *citizens* whose purpose is to decide indictment. A grand jury.
Even the US Attorney General cannot indict someone. He can only ask a federal grand jury to indict.
The Fifth Amendment to the U. S. Constitution provides that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment of a Grand Jury...”
So what they really wanted was that this board could forward a criminal complaint, which is similar to an indictment, but issued by a judge.
A criminal complaint is issued by a prosecutor, followed by a “preliminary hearing” held by a lower court judge or other magistrate, who will determine whether or not the prosecutor has presented sufficient evidence that the accused has committed a felony. If the judge finds there is enough evidence, he/she will order the case sent to the appropriate court for trial.