Affidavit Versus Goliath

A former lieutenant accuses top sheriff's officials of misconduct in firing of "dime dropper" deputy

Director Hendershott and I met at Seventh Street and McDowell and pulled up car door-to-car door. Director Hendershott was driving a gold Caprice. I was driving a white Lumina. This meeting took place at approximately the end of April in 1996, in the mid-afternoon.

After Director Hendershott reviewed the statements of Deputies Tupper and McGuire, Director Hendershott said:

1: "We are going to get the son of a bitch."
2: "We have to protect the Sheriff from dime droppers."
3. "We will make an example of Mark Battilana so that dime droppers will keep their fucking mouths shut."

After reviewing the memos further, Director Hendershott said, "No, we need more." At that time, Director Hendershott ordered me to take notes on the additional statements that he wanted included in Deputy Tupper's and McGuire's statements. Therefore, I wrote down the additional statements that Director Hendershott wanted me to include in Deputy Tupper's and McGuire's memos. Director Hendershott wanted the statements altered even though he did not know whether his alterations were accurate.

I had Deputy Tupper's and McGuire's statements on my computer. I have a copy of the statements as they were written by Deputies Tupper and McGuire. I also have a copy of the statements with the changes that were to be included at the direction of David Hendershott. The statements that Director Hendershott directed me to add to Deputy Tupper's memo were:

A. "I also called to complain that Sergeant Battilana was improperly using his position to harass me and slander and defame the Sheriff.

B. "He made these comments weekly in briefings with the squad members present and often some posse members. Those posse members who would attend some of Sergeant Battilana's briefings were Bob Bailey, Brad Kuen, Paul Mason and Cody (unknown last name) who works for Cellular One. I don't remember any other people being present as far as citizen observers or any other non-Sheriff Office employees."

C. "I can't recall the specific calls where he would make these statements. These statements were made to the general public (unknown names) and involved times when citizens would approach Sergeant Battilana in a restaurant or on the street and ask how the Sheriff was doing."

D. "I don't remember anyone else being present when these remarks were made."

E. "This encounter was very uncomfortable for me and quite intimidating, since these were my direct supervisor."

After I altered the memos of Deputies Tupper and McGuire as I had been ordered, I told Director Hendershott that Deputy Tupper was on vacation in Anaheim, California, with his family, and therefore Deputy Tupper would not be able to immediately sign the memo. Director Hendershott became upset and demanded that I get in touch with Deputy Tupper and get these statements signed. I therefore called motels in Anaheim in an effort to find Deputy Tupper. I believe I made the phone calls from my home.

After I showed Deputy Tupper the alterations to his statement, he told me that he was never intimidated by Sergeant Battilana and that he did not agree with the statement that Director Hendershott had ordered be put in which says: "I also called to complain that Sergeant Battilana was improperly using his position to harass me and slander and defame the Sheriff." Deputy Tupper told me that originally he had called me as a friend about his transfer to District 3 and how he should handle it. . . .

I told Deputy Tupper that Director Hendershott wanted the statement about being intimidated in the memo when it was presented to Chief Deputy Jadel Roe. Deputy Tupper indicated to me, again, that he did not agree with that statement. However, because Deputy Tupper knew that Director Hendershott wanted the intimidation statements in his statement, Deputy Tupper agreed to allow the statement to remain in the memo and he signed it.

After the statements of Deputies Tupper and McGuire had been altered, I turned the statements over to Director Hendershott. At that time, Director Hendershott told me that I must know "who is on the team and who is not." . . . Director Hendershott also told me that "make sure we take care of the team and deal with those who are not."

I gave the statements to Director Hendershott and Director Hendershott gave the statements to Chief Deputy Roe.

Shortly after the memos had been turned in to Chief Deputy Roe, I received a memo from Chief Deputy Roe informing me that I was assigned to the Internal Affairs Department as the Internal Affairs investigator of Mark Battilana. This was highly unusual because I had absolutely no experience in Internal Affairs. However, because of Director Hendershott's past statements and conduct, I believed that if I declined the position my work status would be jeopardized.

As the Internal Affairs investigator of Mark Battilana, I was present for all 32 days of the appeal hearing which was held before Hearing Officer Conrad Sanders. I heard the testimony of David Hendershott and Jadel Roe. I have also had an opportunity to review the transcripts of the testimony of David Hendershott and Jadel Roe.

It is my opinion that David Hendershott was not truthful when he testified that Jadel Roe made the decision to appoint Bob Wetherell as the Internal Affairs investigator. I believe that it was David Hendershott who made that decision.

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