PUSH MISCONDUCT PROBES, SHERIFF URGED.

Byline: Troy Anderson Staff Writer

Hoping to head off a ``Rampart-like scandal,'' a county watchdog urged the Sheriff's Department on Wednesday to step up efforts to uncover criminal misconduct among its deputies and convince prosecutors to file charges when warranted.

``Like law enforcement agencies everywhere, the (Sheriff's Department) is vulnerable to a major scandal,'' Merrick Bobb, special counsel to the Board of Supervisors, wrote in his semi-annual report. ``Unlike some others, it is not taking proactive steps to discover criminal misconduct.''

Bobb wrote that District Attorney Steve Cooley declines to prosecute nearly 80 percent of cases submitted by the sheriff's Internal Criminal Investigations Bureau.

And he recommended that Sheriff Lee Baca conduct more random stings and integrity tests of his employees, like the Los Angeles Police Department.

But Baca argued that stings targeting specific allegations are more productive and less costly. ``The interesting part of the report is the fact the Sheriff's Department has so few cases of criminal misconduct,'' Baca said.

From 2002 to June 30, 2005, the sheriff's Internal Criminal Investigations Bureau investigated 307 cases, most involving stalking, improperly disseminating information on an individual's criminal history, gambling and improper possession of assault rifles, sex crimes, domestic violence and assault.

But Bobb wrote that the department's efforts to uncover criminal conduct is insufficient.

``There seems to be a department preference for getting bad apples to resign in lieu of seeking prosecution,'' Bobb wrote. ``One reason for this is the seeming futility of criminal investigations.''

Of 168 investigations ICIB sent to Cooley's office during the period, prosecutors filed criminal complaints only 21 percent of the time - in 35 cases.

But Cooley said the evidence in several cases cited in the report did not warrant prosecution. Cooley said the inference in Bobb's report is that he should prosecute more sheriff's personnel to please the public.

``As district attorney, I will not order my staff to set aside ethical guidelines and file cases just because Mr. Bobb has an agenda that is inconsistent with the pursuit of fairness and justice,'' Cooley said.

But Bobb said some of the cases the D.A. rejected were solid cases.

In one, a deputy was accused of stealing $6,000 in a suspect's possession after a pursuit by another police agency. Once the suspect was transferred to sheriff's custody, the outside officer recorded $8,000 on his department's property release form. The accused deputy received the suspect's money but turned over only $2,000.

The District Attorney's Office declined to prosecute because there was no independent witness to the transfer of the money, and the deputy could argue that he only received $2,000 and it was the outside officer who stole the suspect's money.

The deputy resigned before being compelled to provide a statement.

Troy Anderson, [phone]

troy.anderson(at)dailynews.com