February 2011, Wahid Kazem, a lieutenant at the time, had been the primary supervisor investigating Greg Deger for lying to supervisors during a major investigation and other policy violations. The accusations against Deger were sustained and discipline by both City of Santa Clara’s human resources and police department rendered.

Just ten months after sustained findings, Deger would be the lead officer in a matter involving use of force. Once again, Deger lied to supervisors, falsified police reports, and broke departmental and Santa Clara County policy. Attorneys for the victim served the City of Santa Clara a Demand to Preserve Evidence letter. Wahid Kazem testified he was called in by then chief of police, Mike Sellers, and the City Attorney’s office who made him aware of the demand to preserve evidence letter. He was instructed to preserve all evidence, documents, and other items relating to the case. Kazem intentionally dismissed the instructions and refused to secure all evidence later testifying that Use of Force documents were “accidently” destroyed.

Use of Force Reports: The City of Santa Clara uses computer systems to construct and maintain reports. Kazem’s claim that the Use of Force (UoF) report was “accidently” destroyed is wholly unbelievable. Of all the documents in this matter, the only one that happens to get destroyed is the Use of Force? Let us look at a few hypotheticals…

1. UoF written on a Post-it notes: Just write it again, refer to the injury report signed off by Dereck Rush, pictures taken by Chris Bell, individual officer reports, medical reports, and witnesses statements. Then enter it into the police department’s computer record system.
2. UoF written on scratch pad: Just write it again, refer to the injury report signed off by Dereck Rush, pictures taken by Chris Bell, individual officer reports, medical reports, and witness statements.
   Then enter it into the police department’s computer record system.
3. UoF entered in computer system: If deleted by one of the officers or IT staff, have IT recover it along with all logs documenting entry and deletion of initial report. Then just compose it again, refer to the injury report signed off by Derek Rush, pictures taken by Chris Bell, individual officer reports, medical reports, and witness statements.
   Then enter it into the police department’s computer record system.

But this was a cover up that Wahid Kazem voluntarily participated in. Quickly realizing the mistakes, lies, and violations once again committed by Deger, Derek Rush sent an email to fellow supervisors (see below) instructing them not to “SA” (supervisor approve) any reports, he would personally take care of it. None of the supervisors or managers with knowledge of this matter – Wahid Kazem, Derek Rush, Mike Sellers, or former City Manager Julio Fuentes – demanded the use of force report be recovered or reconstructed.

Cover up: For example, In 2002, the City of Santa Clara served one of its officers a notice to terminate. That officer, David Rodriguez, had been accused by fellow officers Jacob Malae and Randy Van Dyke, of excessive force on a person stemming from an October 2001 arrest. Simiar to the 2011 Deger incident, Rodriguez failed to entirely report use of force which is considered a very serious violation of Santa Clara Police Manual section 1.3.6. The City asserted that only one finding is necessary to support an agency’s decision to terminate, as was the case with the charge of dishonesty against Rodriguez.

Similar to Rodriguez, Deger also didn’t fully document use of force and he even went a few steps further by falsely claiming to have rescued a woman from harm. The three women present during the incident testified Deger’s claim that he pushed her out of the way of harm never happened. Deger’s fellow officer, Colin Stewart, also testified that he never saw a woman where Deger claims and adamantly refutes Deger’s testimony that he pulled the arrested subject from a patrol car. Adding to witnesses contradicting Deger, police practices expert hired by the City, Robert Fonzi, aslo opined that the level of force used on a passive resistant person would be unneccesary. Fonzi’s opinion was share by another police practices expert, T.T. Williams, hired by the victim. Dissimilar between Rodriguez and Deger: Rodriguez is Hispanic, Deger is Caucasian.

Being the supervisor who investigated Deger in February 2011 and knowing full well that then Police Chief Kevin Kyle and City Manager Jennifer Sparacino formally cautioned Deger “any further conduct of this nature or other policy violation could lead to futher disciplinary action, up to and including termination”, Wahid Kazem and the City of Santa Clara allowed the destruction of use of force documentation from December 2011 that may have fully supported the futher discipline and termination of Deger.