City Hall going after ex-cop

News



City Hall going after ex-cop



Stockton wants him held in contempt for walking out on deposition





By Scott Smith



October 11, 2011

Record Staff Writer

STOCKTON - City Hall has in its sights the person it believes led the Stockton police union to purchase an abandoned midtown home with the sole aim of harassing City Manager Bob Deis and his wife, Linda, who live next door.



That man, David French, 69, retired long ago from the Stockton Police Department, where he led a colorful and sometimes-controversial career. For years, French sat on the Stockton Police Officers' Association's executive board.



In retirement, he now deals in rental property and works part time negotiating police labor contracts in various cities.



At an Aug. 9 pretrial deposition stemming from a lawsuit between the city of Stockton and the police union, French refused to answer questions from the city's attorney and abruptly walked out, according to the court documents filed by the city.



City officials now want a San Joaquin County judge to hold French in contempt of court, pay an $1,800 fine and return to answer their questions about his alleged role in the property deal.



French told The Record that had the city's attorney, Geoffrey Spellberg, openly told him the nature of the lawsuit, he might have cooperated. French said he knew of the suit only from reading newspaper accounts.



French, who retired in 1995 from the Stockton Police Department, also denied that he had a hand in the police union's property investment.



"Listen to me really closely," he said. "I left there 16 years ago. I haven't been back. I haven't done any of their negotiations. I don't give financial advice."



The flare-up surrounding French comes amid an ongoing battle between the city and the police union over labor negotiations. Due to ongoing budget problems, the city has twice in the last year declared a fiscal emergency.



The police union filed a lawsuit contesting the validity of such an emergency, which has City Hall seeking concessions from them. The city countersued, saying, in part, that buying the house next to Deis' amounts to bad faith negotiations.



In a subpoena, French was asked come to a Sacramento office and undergo questioning in a deposition. He was not the subject of a lawsuit, but the city's attorneys wanted him to establish that the police union bought the home on North Country Club Drive to harass Deis.



This was the first time the police union has ever bought investment property in Stockton, the city's court papers say, adding that their investigation revealed French as a key figure behind the purchase.



The deposition lasted about 45 minutes before French walked out. In that time, the city accused French of being evasive.



A partial transcript of the deposition is on file at the San Joaquin County Superior Court in a motion seeking the contempt order. It shows a line of tense questioning, interrupted by objections from union attorney David Mastagni.



Spellberg asked French if he told police officers to purchase the property next to the City Manager's home: "Tell me, did you recommend it to anybody or not?"



"You are playing a game with me I'm not here to play," French replied. "If you have a question for me that is relevant to something I know - but you want to know who my friends are and who I might have talked to, why and when."



Spellberg asked again if he told any current or retired Stockton police officers they should buy the home. He also warned French that walking out could land him before a judge.



"Is that it?" French asked.



"That's the question," Spellberg answered.



"See ya, sorry," French said, leaving the room shortly thereafter.



In his 29-year career as a Stockton cop, French made headlines in the early 1980s for investigating wealthy developer Eckhard Schmitz for child molestation.



French busted Schmitz and became embroiled in controversy when then-District Attorney Richard Eichenberger accused French of mishandling the investigation. Schmitz later fled the country and remains a fugitive.



French in 1985 sued then-Police Chief Julio Cacchetti for $500,000, claiming he was harassed after testifying in defense of a fellow officer under fire for his handling of sex-crimes cases.



Regarding his recent subpoena for the deposition, French said he remains confused by why the city wanted him. He suspects the attorney was motivated by money.



In its motion, the city's San Francisco law firm asks a judge to make French pay $1,800 for the six hours of the attorney's time at $300 an hour.



"I asked the guy about a dozen times if he could tell me what the suit was about," French said. "He said he'll ask the questions and it's up to me to figure it out."



French has been ordered to appear in a Stockton courtroom Nov. 10, when a judge will decide if he will be held in contempt or not for walking away from the deposition.



Contact reporter Scott Smith at (209) 546-8296 or ssmith@recordnet.com. Visit his blog at recordnet.com/smithblog.