Investigation Information
Information on the status of investigations arising from the Fesser v. West Linn Police Department case can be found here.
Clackamas County District Attorney Investigation
Due to the information developed in the Fesser v. West Linn Police Department case and subsequent requests from the public, local/state politicians, and the City of West Linn, the Clackamas County District Attorney provided notice on February 12, 2020 to the City of their intent to begin a thorough review of the WLPD investigation into Mr. Fesser.
Clackamas and Multnomah County District Attorneys, John Foote and Rod Underhill, issued a joint statement on February 19, 2020 indicating the U.S. Attorney’s Office for the District of Oregon will conduct the federal criminal investigations of the Michael Fesser/West Linn Police Department matter and that Clackamas County and Multnomah County District Attorney Offices will investigate any possible "Brady" issues.
On Friday, May 29, 2020 the City of West Linn received a report from Clackamas County District Attorney (CCDA) John Foote reviewing the West Linn Police Department investigation of Michael Fesser (see also CCDA Report Appendices: includes timeline, reports, letter, and text screenshots). The District Attorney’s report contains findings of serious misconduct that is inconsistent with the West Linn Police Department and City of West Linn’s mission and values. The City issued a press release with the CCDA Report on May 29, 2020.
On June 6, 2020 the City provided an update on the status of actions arising from the CCDA report.
On July 6, 2020 the City's Municipal Prosecutor, John Millar, sent a letter regarding his completion of a review of over a hundred cases involving former Sergeant Reeves and dismissal of seven criminal cases and one traffic violation that could not be proven without the testimony of former Sergeant Reeves.
On July 9, 2020 Chief Kruger sent a letter to Interim City Manager John Williams, providing some background information to the Council and the OIR Group.
Department of Justice/Federal Bureau of Investigation
West Linn City Council submitted a letter to the Department of Justice on February 14, 2020, joining calls from the public and other local and state representatives, to request an independent review of the 2017 events in the arrest of Michael Fesser (press release here). The City and WLPD were fully responsive and cooperative in providing all requested documentation to the Department of Justice and completed all requested submissions.
On February 19, 2021 U.S. Attorney Office for the District of Oregon announced that the federal criminal investigation into the arrest of Michael Fesser on February 25, 2017 has been closed after finding insufficient evidence to support federal criminal prosecution. The City's statement in response and the full announcement from the U.S. Attorney's Office can be found here and a City legal memo to Council on this decision can be found here.
Internal Investigation by Independent Firm
OIR Group, an independent police oversight and review firm based in California, was contracted by the City Council to first complete a thorough investigation into the City’s handling of Michael Fesser’s tort claim against the City from the date it was received through the date a settlement was reached with the City’s insurance carrier (OIR contract here). Subsequent phases of work may include looking into policies involved in the investigation.
On Monday, November 30, 2020 the City of West Linn received the final investigative report on the history and internal handling of the Fesser v. West Linn case from the OIR Group. City Council voted unanimously on December 7 to first release the confidential report to affected individuals as required by legal due process, followed by a second unanimous vote on December 14 to publicly release the report immediately following conclusion of the appropriate legal process.
Former Chief Terry Kruger provided a written response to the OIR Report on December 15, 2020 including reference to his July 9, 2020 letter to the City (full documents available here).
The OIR Report (full report available here and press release here) outlines in detail the history of the Fesser case, how it was handled internally, and provides recommendations on how to improve policy and process to protect against future misconduct. Investigators performed a rigorous review of documentation and interviews of involved individuals over the course of several months.
On December 14, 2020, Council also voted to release the two background memorandums prepared by the Interim City Manager and the City Attorney regarding the Michael Fesser incident upon final approval of legal. The goal was to create a full transparent chronological history on the Fesser matter. Document 1 is "Documentary Review of Timeus' Administration of the WLPD;" Document 2 is the OIR Report (previously released by a separate vote); Document 3 is "Filing and Settlement of Case."
On December 21, 2020, Council voted to include Mr. Thenell's and Mr. Tonkin's letters to the body of information alongside the OIR Report and the rest of the documents Council was releasing, as the OIR Group reviewed them during their investigation.
On February 10, 2021 the City Manager issued a statement along with responses from OIR Group discussing further details of the internal investigation of former Sgt. Reeves.
On March 1, 2021, the City Manager released answers to questions posed to Captain Rollins regarding findings in the OIR report.
On March 15, 2021, the City Manager released a statement regarding Captain Rollins' role in the Fesser tort claim investigation.
Additional Investigations
Additional investigations and reviews by other agencies remain underway. The Clackamas County District Attorney's analysis of this case also included a review of former West Linn Police Lieutenant Stradley and former West Linn Detective Boyd. Lt. Stradley remains subject of an on-going investigation by the City of Portland’s Independent Police Review oversight agency. The District Attorney did not find substantial evidence that Detective Boyd committed misconduct.
