Atwater police hiring triggers controversy
A former Merced Police Department sergeant who was fired in 2010 after allegations of time-card fraud and was subsequently placed on a list of officers whose credibility could be questioned in court is poised to be hired by the Atwater Police Department as a reserve officer.
Rod Dash’s impending return to law enforcement work comes after District Attorney Larry Morse II dropped his objections to Atwater’s hiring of Dash. Pat Lunney, a candidate for sheriff and the district attorney’s chief investigator, said he put Dash’s mother, Linda, in touch with Morse.
Lunney said Linda Dash wanted to talk to Morse about her son’s placement on the Brady List, which can compromise his effectiveness as a witness. Linda Dash could not be reached for comment.
Morse has been heavily involved in Lunney’s bid for sheriff, endorsing him and helping map out campaign strategy. Linda Dash has been active in Atwater politics for decades, including roles on the City Council, Planning Commission and several government oversight committees.
Rod Dash’s change in employment status last week came on the heels of his mother’s fundraising for Lunney, though all involved in the decision indicated the timing was unrelated.
Rod Dash, 49, was scheduled to be sworn in last week as a reserve officer in Atwater, but called in sick at the last minute, he said, because the Sun-Star learned of the ceremony. A new swearing-in ceremony had not been scheduled as of Tuesday, according to the Atwater City Clerk’s Office.
A reserve officer works a minimum of 20 hours per month without compensation. Reserve officers get paid for contract work, such as special events, but can still make arrests and carry firearms while on duty, according to the Atwater Police Department.
Dash, a 20-year veteran of the Merced Police Department, lost his job in 2010 after he was accused of charging the city for hours he never worked. The Merced County District Attorney’s Office prosecuted Dash for the alleged fraud three times, including two mistrials, but he was ultimately found not guilty in 2011.
Dash tried to get his job back, but was unsuccessful, according to news archives.
Brady list
Despite never being convicted, Dash acknowledged he couldn’t find another law enforcement job before the Atwater position.
A large part of his difficulty obtaining another law enforcement position was because of his placement on the so-called Brady list. Brady law forces prosecutors to disclose any information to the court that could potentially affect the outcome of a trial, including evidence that could possibly impeach an officer’s credibility, legal authorities said.
Dash said he wants people to look at the positive things he’s done in law enforcement instead of focusing on the negative.
“I feel like I have to defend myself when I didn’t do anything wrong. I did quality work while I was an officer, and I enjoy helping people,” Dash told the Sun-Star, adding that he was a “decorated” officer. “I miss the work; I’m a good investigator. I’m basing this on my merit, training and experience,”
Dash said his family’s support of Lunney for sheriff is not related to his being hired in Atwater. “I’m not supporting any person for sheriff, but that’s my personal opinion on how I vote,” he said.
Atwater police Chief Frank Pietro acknowledged not hiring Rod Dash earlier this year after Morse told the chief that Merced County prosecutors would not file any of Dash’s cases or those of other Brady-listed officers because their backgrounds might compromise cases if they were called to testify.
In May, Pietro told the Sun-Star he couldn’t hire officers on the Brady List because it limits their job abilities, rendering them ineffective as peace officers.
Last week, Pietro said that hiring Dash, who remains on the Brady list, was ultimately his decision, but he was swayed by a conversation initiated by Morse about two months ago.
“What has changed from then to now is that Larry (Morse) is compromising and saying let’s give it a shot,” Pietro told the Sun-Star. “We both agreed that Rod (Dash) has a lot of experience, including 21 years working all facets of law enforcement.”
No automatic disqualification
An officer’s placement on a Brady list wouldn’t automatically disqualify him or her from employment or from testifying in criminal cases, according to Mark Zahner, executive director of the California District Attorney’s Association.
Brady law stems from a 1963 U.S. Supreme Court ruling.
“The prosecution must turn over any potentially exonerating information to the defense and the court, and a judge determines whether it is relevant to the case, whether a jury gets to hear that evidence,” Zahner said.
He said most officers in California on a Brady list remain employed.
“Just being on the list doesn’t mean an officer necessarily did anything wrong, he or she could have simply made some type of mistake previously that could potentially impact their credibility as a witness,” Zahner said.
Zahner also noted that each county in California handles its Brady policy differently.
Pietro said he and Morse agreed to work with Dash “case by case” and see how things turn out. If Dash’s background compromises any police cases, he will no longer be employed by the agency, Pietro said.
Morse acknowledged recently softening his stance regarding Dash, but said politics did not influence the decision. “There could be no deals because Rod Dash is still on the Brady list,” Morse told the Sun-Star. “That has not changed.”
Morse said his office has been developing a formal Brady policy for Merced County. Morse was adamant that his stance on Dash was based solely on the emerging guidelines.
“With the passage of time, there is probably a point at which some Brady issues become stale,” Morse said. “This was the product of a lot of discussion. He (Dash) made a mistake, but now he gets a shot at redemption. It’s not at all sinister as some would like to make it out.”
Despite calling Linda Dash a “good friend,” Pietro also said his relationship with the Dash family had no bearing on his hiring decision. “Linda didn’t influence me in any way,” the police chief said. “She has never ever said, ‘Please get Rod on’ – she respects me too much.”
Meeting arranged
Lunney confirmed that Linda Dash asked him to arrange for her to speak with Morse about her son’s placement on the Brady list. “I told Larry she wanted to talk to him,” Lunney said. “But whatever happened after that, I have no knowledge of. I wasn’t a part of it.”
Linda Dash helped organize an Oct. 9 fundraiser for Lunney in Atwater. “That’s the only (fundraising) Linda has done for the campaign,” Lunney said.
Lunney’s opponent in the race, Vern Warnke, also acknowledged meeting with Linda Dash “in the last two months.” Warnke said she discussed her son’s placement on the Brady list.
“She said (Rod Dash) was not able to get another cop job because he was on that (Brady) list,” Warnke said.
Warnke said Linda Dash never explicitly asked for his help regarding Rod Dash and said he never offered to help. Warnke said he had no knowledge of any political deals regarding Dash’s recent hiring, but felt the timing of it was suspicious.
“It does not smell good,” Warnke said.
Lunney said he could not comment on Rod Dash’s hiring or the issues from 2010 without knowing more. He said, in general, each case involving a Brady officer “has to be looked at on a case-by-case basis.”
“Each one has to be evaluated on its individual merit,” Lunney said. “It’s well-established that an agency can’t fire an employee simply because they’re on (the Brady list). It has to be for the underlying reason they’re on the list.”
Morse said taking a look at Dash’s cases was simply the right thing to do, adding there was nothing he could do to prevent people from jumping to conclusions or assuming nonexistent political motives.
“People who want to believe conspiracy theories are going to believe them anyway,” Morse said. “We can’t spend time worrying about it.”
This story was originally published October 21, 2014 at 9:04 PM with the headline "Atwater police hiring triggers controversy."