Post by WaTcHeR on May 20, 2006 11:27:59 GMT -5
05/20/2006 - Former Eugene interim Police Chief Thad Buchanan, who failed to stop the sexual misconduct of former officers Roger Magaña and Juan Lara, had been disciplined for sexual misconduct himself while a member of the department's drug enforcement unit in 1995, according to documents in civil lawsuits by Magaña victims seeking millions of dollars in damages from the city.
Buchanan, who has since retired, was suspended for two days in 1995 after the woman complained that his attentions were unwanted. In a sworn deposition, Buchanan described their relationship as nonsexual, lasting three or four months.
The woman, who is not identified in the document, was an administrative assistant with the Interagency Narcotics Enforcement Team when Buchanan was a sergeant there.
Buchanan, who has moved away from Eugene, could not be reached for comment on Friday.
The disciplining of Buchanan may help convince a jury that the city fostered a custom or policy that allowed the officers to abuse women. That's one of the legal thresholds that must be crossed before the city can be held liable for illegal acts of its employees.
In March, U.S. Magistrate Judge Tom Coffin allowed a half-dozen lawsuits against the city to continue to trial. Coffin ruled that the city could be held liable for Magaña's and Lara's illegal actions if a jury determines that deliberate inaction of police managers created a custom or policy that allowed the misconduct.
In the ruling, Coffin specifically cited a June 2001 incident involving Magaña soliciting a woman while on duty and then lying about it when questioned by police supervisors. Buchanan took no further action to discipline Magaña or to increase supervision of him, even though Buchanan knew Magaña lied, according to the court record.
Buchanan took over as interim chief in 2002 and served until the city hired current Chief Robert Lehner in 2004.
Lehner said Friday that he is not able to comment about Buchanan's deposition until all the civil lawsuits are settled. However, once the cases are closed, Lehner pledged to release documents that will disclose the history and context of police management decisions from the period of Lara's and Magaña's misconduct.
"When these cases are finished, there is going to be a full disclosure. You're going to be working off full documents, not excerpts," Lehner said. "In this case, I think seeing the whole thing is important."
Mayor Kitty Piercy on Friday expressed confidence that the city has steadily implemented new police policies recommended by outside advisers, and is preparing to launch a new police auditor and citizens review board to monitor the handling of complaints against police.
Magaña was convicted of rape, kidnapping and other crimes. Lara was convicted of official misconduct for coercing sexual acts from women.
The deposition from Buchanan that included the information about his discipline was taken last June. Asked in that deposition why Magaña was able to victimize so many women for so long without being detected, Buchanan compared Magaña to a sociopathic serial killer.
"When they are finally caught, their friends, their neighbors, their family, their co-workers are shocked to find out the person has been in their midst all along. Roger Magaña was very good at what he did," Buchanan testified.
But he also said officer supervision was hamstrung by the city's low per-capita number of police officers, scant resources for police supervision and the retirements of a large number of experienced officers.
Magaña is serving a 94-year prison term. Lara is scheduled for release from the SUMMIT program on May 30, according to state prison records.
The civil lawsuits are scheduled for trial in November, although Lehner said Friday that progress is being made to settle them out of court. So far, the city has paid nearly $2 million to victims of the two.
Buchanan, who has since retired, was suspended for two days in 1995 after the woman complained that his attentions were unwanted. In a sworn deposition, Buchanan described their relationship as nonsexual, lasting three or four months.
The woman, who is not identified in the document, was an administrative assistant with the Interagency Narcotics Enforcement Team when Buchanan was a sergeant there.
Buchanan, who has moved away from Eugene, could not be reached for comment on Friday.
The disciplining of Buchanan may help convince a jury that the city fostered a custom or policy that allowed the officers to abuse women. That's one of the legal thresholds that must be crossed before the city can be held liable for illegal acts of its employees.
In March, U.S. Magistrate Judge Tom Coffin allowed a half-dozen lawsuits against the city to continue to trial. Coffin ruled that the city could be held liable for Magaña's and Lara's illegal actions if a jury determines that deliberate inaction of police managers created a custom or policy that allowed the misconduct.
In the ruling, Coffin specifically cited a June 2001 incident involving Magaña soliciting a woman while on duty and then lying about it when questioned by police supervisors. Buchanan took no further action to discipline Magaña or to increase supervision of him, even though Buchanan knew Magaña lied, according to the court record.
Buchanan took over as interim chief in 2002 and served until the city hired current Chief Robert Lehner in 2004.
Lehner said Friday that he is not able to comment about Buchanan's deposition until all the civil lawsuits are settled. However, once the cases are closed, Lehner pledged to release documents that will disclose the history and context of police management decisions from the period of Lara's and Magaña's misconduct.
"When these cases are finished, there is going to be a full disclosure. You're going to be working off full documents, not excerpts," Lehner said. "In this case, I think seeing the whole thing is important."
Mayor Kitty Piercy on Friday expressed confidence that the city has steadily implemented new police policies recommended by outside advisers, and is preparing to launch a new police auditor and citizens review board to monitor the handling of complaints against police.
Magaña was convicted of rape, kidnapping and other crimes. Lara was convicted of official misconduct for coercing sexual acts from women.
The deposition from Buchanan that included the information about his discipline was taken last June. Asked in that deposition why Magaña was able to victimize so many women for so long without being detected, Buchanan compared Magaña to a sociopathic serial killer.
"When they are finally caught, their friends, their neighbors, their family, their co-workers are shocked to find out the person has been in their midst all along. Roger Magaña was very good at what he did," Buchanan testified.
But he also said officer supervision was hamstrung by the city's low per-capita number of police officers, scant resources for police supervision and the retirements of a large number of experienced officers.
Magaña is serving a 94-year prison term. Lara is scheduled for release from the SUMMIT program on May 30, according to state prison records.
The civil lawsuits are scheduled for trial in November, although Lehner said Friday that progress is being made to settle them out of court. So far, the city has paid nearly $2 million to victims of the two.
