Oct 1, 2009

4th post

Included on this page...

Lt. Peter Enea's unsupported statement to the media.

Officer Scott Senst's initial claim he didn't have time to admonish witnesses.

The PHPD did not apologize to Anthony for their countless mistakes, rush to judgment, lack of effort, etc., etc..

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..continued examples of the PHPD's investigative process, and reporting...

Following Anthony's arrest, Lt. Peter Enea was quoted in the Contra Costa Times saying school records were "spotty" as far as Anthony leaving the College Park High School campus that afternoon. Confused by Lt. Enea's claim, Anthony/we inquired as to who Lt. Enea had spoken to in determining Anthony's school records were "spotty?" In speaking with the College Park High Principal, she was aware of no one from the Pleasant Hill Police Department having inquired as to the pass Anthony had properly obtained, which included a school administrator's signature, and the time of day Anthony exited the campus, approximately 1 and a 1/2 hours before the assault occurred. This document had been placed in his school office file following the parking lot attendant having received it from Anthony.
Det. Kelli Geis's documented statement in her official police report--forwarded to the District Attorney for possible felony charges--says Freitas "claimed" to have signed himself out of school..."

There was nothing "spotty" related to Anthony's school record as was reported to the media by Lt. Enea. When questioned during his deposition Lt. Enea couldn't recall making this published statement.
Asked whether he reads the newspaper and saw the statement attributed to him, Lt. Enea responded that he had, in fact, not contacted the Contra Costa Times to tell the specific reporter he was either misquoted, or had not made that statement.
Lt. Enea was subpoenaed, though he did not take the stand during the trial.
Although questioned in writing, PHPD Chief Dunbar did not respond with an explanation as to this publicly stated, yet unsupported claim made by Lt. Enea following Anthony's arrest.

According to a particular article, Lt. Enea also stated to the media that the "victim and witnesses" identified Freitas as the stabber. There's no mention to the media of the victim and witnesses being "congregated together" within 2 to 3 feet of each other during the suspect ID process, or the PHPD having used a single photo sheet with first and last names included under each student's photo. There's no mention to the media of Officer Senst's investigative failure to admonish witnesses (see below) that the possible suspect "Anthony-on-the-baseball-team" may or may not be included in the photos being shown (though he'd handed them a single sheet which included one "Anthony"-the one on the baseball team). Nor is there mention of the witness who had chosen a different male student as a possible suspect. Nothing in the PHPD's initial press release (though they were aware of it) tells of Anthony's immediately stated alibi, four credible adults at the home where he worked on the Economics Class project. Captain John Moore had been given immediate details of Anthony's whereabouts when the assault occurred on the school campus. Officer Craig Sillers was also present while Anthony stated his whereabouts. The PHPD failed to pass this along to the media in their press release--though these credible facts were known to them at the time.

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Prior to forwarding his official incident report to the D.A. "for prosecution of Freitas," Officer Scott Senst stated in writing he did not have time to admonish the witnesses before he handed them the single photo sheet.
Admonishments are a crucial part of the suspect ID process as it informs witnesses that a suspect may or may not be included in the photos being shown--photos which typically wouldn't be one-inch in size and include first and last names. Officers are trained to admonish witnesses in an effort to protect innocent persons from being arrested and jailed. Five months after documenting he "did not have time," Officer Senst, "upon reflection," decided he actually did have time to admonish the witnesses.
Had Officer Senst taken just a moment of his time to separate the victim and witnesses-as would be expected of him at this critical moment, had he followed the witness/admonishment procedure as he was trained to do, had Officer Senst or Sgt. Dan Connelly (or a school administrator if directed by the PHPD) simply placed tape over the student's names, perhaps the only "Anthony" on the sheet would not have been pointed to. Having been "identified" (regardless of the process) made the arrest and jailing legal-(thus our loss in Superior Court.)


Note: City of Pleasant Hill trial attorney, Pete Edrington, has publicly stated that Chief Peter Dunbar apologized. What Chief Dunbar said to Anthony was this one sentence in an e-mail.. "While I am sorry that you were arrested and went to jail, you can see there is information in the report identifying you as the suspect."
This is, without question, not an apology. Instead of acknowledging, then apologizing for the dereliction of duty shown by investigators within the department he leads, nor apologizing for his officers' misleading and false, documented statements-which contributed to Anthony's arrest, incarceration and aftermath, Chief Dunbar blames witnesses who were gathered together while one of them pointed to the single identifying "Anthony" photo presented by Officer Scott Senst. Chief Dunbar has not apologized for his officers' poor performance following the reprehensible special treatment his department appears to have provided the former mayor/sheriff deputy's son, which preceded this second stabbing, and ensuing miscarriage of justice.

end of 4th post... check right side of this page for next (5th) dated post..