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Attachment 2 - Response Letter

Manteca City Council
December 3, 2024

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Attachment 2 - Response Letter
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December 3, 2024
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Manteca City Council
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September 7, 2023
Honorable George J. Abdallah Jr., Presiding Judge
Superior Court of California, County of San Joaquin
180 East Weber Street, Suite 1306J
Stockton, California 95202
Re: Grand Jury Report – “2023-2024 San Joaquin County Civil Grand Jury Second Look to the 2018-2019 San Joaquin County Civil Grand Jury Report Case #0318: Cold Cases in San Joaquin County: On the Back Burner” To the Honorable Judge Abdallah:

This letter responds to the above-referenced Grand Jury Report in accordance with California Penal Code sections 933 and 933.05. The City Council for the City of Manteca (the “City”) and City staff have thoroughly reviewed the findings and recommendations and considered the Grand Jury Report (the “Report”) in its totality as they relate to the City, specifically focusing on Recommendation R1, R2, R8 and R10. The City responds to that finding and recommendation as follows:

R1 – Each law enforcement agency in San Joaquin County develop a plan to define, prioritize, and digitally track cold case investigations no later than December 31, 2019. Prioritization will emphasize available physical evidence and utilize emerging DNA testing techniques.

City’s Response:

Manteca Police Department policy 600.9 states the following:
600.9 COLD CASES In accordance with section 600.5 of this policy the following definitions shall apply. Cold cases shall refer to all cases where all known leads have been exhausted, the statute of limitations has expired, or the case has been submitted to the District Attorney and declined, and no new information is available to re-submit the case to the District Attorney. Serious cold cases shall mean any missing persons case, where the person is missing under suspicious circumstances, unsolved homicide or sexual assault where all known leads have been exhausted, the statute of limitations has not expired, or the case has been submitted to the District Attorney and declined, and no new information is available to re-submit the case to the District Attorney. In the event of any new information, new technological advancements or when time permits, the Investigations Supervisor should assign investigators to review and investigate any serious cold cases that meet this criteria. Families of serious cold case victims should be kept apprised of any new developments in their case, as practicable and will not jeopardize the case, violate department policy or infringe upon suspect rights.

While this policy does not specifically outline how these cases are tracked, the Manteca Police Department does have a digital file of all homicides which notates which are considered a cold case. To further comply with the Grand Jury’s recommendations, the Manteca Police Department will expand the digital tracking of cold case files to include not only homicide, but include missing persons with suspicious circumstances and sexual assault (forcible rape and attempted forcible rape). This digital tracking will be operational by 1-1-2025.

R2 – Each law enforcement agency in San Joaquin County expands their definition of “cold case” to include missing persons with suspicious circumstances, and sexual assault (forcible rape and attempted rape) in addition to homicide no later than December 31, 2019 City’s Response:

Manteca Police Department policy 600.9 states the following:
600.9 COLD CASES In accordance with section 600.5 of this policy the following definitions shall apply. Cold cases shall refer to all cases where all known leads have been exhausted, the statute of limitations has expired, or the case has been submitted to the District Attorney and declined, and no new information is available to re-submit the case to the District Attorney. Serious cold cases shall mean any missing persons case, where the person is missing under suspicious circumstances, unsolved homicide or sexual assault where all known leads have been exhausted, the statute of limitations has not expired, or the case has been submitted to the District Attorney and declined, and no new information is available to re-submit the case to the District Attorney. In the event of any new information, new technological advancements or when time permits, the Investigations Supervisor should assign investigators to review and investigate any serious cold cases that meet this criteria. Families of serious cold case victims should be kept apprised of any new developments in their case, as practicable and will not jeopardize the case, violate department policy or infringe upon suspect rights.

It is the opinion of the City this policy already complies with the Grand Jury’s recommendation.

R8 – Each law enforcement agency in San Joaquin County signs a Partnership and Cooperation Agreement with the newly formed Cold Case Task Force no later than March 31, 2020 City’s Response:

Currently the Manteca Police Department does not have funding to dedicate personnel to a Cold Case Task Force. The Manteca Police Department would be willing to work closely with the Cold Case Task Force to maintain a good working relationship and to consistently investigate cold cases.

R10 – Each law enforcement agency in San Joaquin County develops a procedure and practice for maintaining periodic contact with family members of cold case victims no later than March 31, 2020 City’s Response:

Manteca Police Department policy 600.9 states the following:
600.9 COLD CASES In accordance with section 600.5 of this policy the following definitions shall apply. Cold cases shall refer to all cases where all known leads have been exhausted, the statute of limitations has expired, or the case has been submitted to the District Attorney and declined, and no new information is available to re-submit the case to the District Attorney. Serious cold cases shall mean any missing persons case, where the person is missing under suspicious circumstances, unsolved homicide or sexual assault where all known leads have been exhausted, the statute of limitations has not expired, or the case has been submitted to the District Attorney and declined, and no new information is available to re-submit the case to the District Attorney. In the event of any new information, new technological advancements or when time permits, the Investigations Supervisor should assign investigators to review and investigate any serious cold cases that meet this criteria. Families of serious cold case victims should be kept apprised of any new developments in their case, as practicable and will not jeopardize the case, violate department policy or infringe upon suspect rights.

It is the opinion of the City this policy already complies with the Grand Jury’s recommendation. It is also the opinion of the City that wishes of the family should be respected and this policy should be adhered to on a case by case basis. ***
Thank you for your efforts that resulted in your report and recommendations. The City will move forward consistent with the actions set out in this letter.

Sincerely,
Gary Singh, Mayor
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