Sheriff backs police finding of no criminal case in allegations against Johnson

A review by the Sacramento County Sheriff's Department concurs with city police findings that no criminal case can be made against mayoral candidate Kevin Johnson stemming from an allegation that he fondled a teenage girl last year.

Sheriff John McGinness told The Bee that his investigators reviewed the documents in the case and listened to recorded interviews, but that the girl herself declined to speak to them. Even so, he said, the evidence -- or lack of it -- was clear.

"We reached the same inescapable conclusion: There's no evidence of criminality," McGinness said.

The case was opened in May 2007 after a Sacramento High School teacher filed a police report saying that a 17-year-old student had told him and three others that Johnson touched her inappropriately.

On Friday, Sacramento Police Chief Rick Braziel clarified the often-repeated police statement that the girl had recanted her original story. In fact, Braziel said, the girl's story and the teacher's version were similar -- but differed in interpretation.

"She said Johnson made her feel uncomfortable, but it did not reach the level of criminal behavior," according to Braziel.

Braziel said he called in the sheriff last week because he wanted an "independent set of eyes" after Councilman Rob Fong and Mayor Heather Fargo questioned the thoroughness of the police investigation. A police detective had spent one day on the case, reaching his conclusion after short interviews with the girl, her mother, and the teacher.

Fong and Fargo both said Friday that they would have no comment until the City Council receives Braziel’s full report on the matter, probably next week.

The sheriff said his department's review, requested a week ago by Braziel, was narrow.

"We did not gauge the thoroughness of the investigation -- in honesty, that's not our role," McGinness said.

It also did not address the handling of the allegation by Sacramento High School, where Johnson was serving as a principal at the time. Johnson's personal attorney and business partner had questioned the girl before police were called in. Fargo had specifically asked that the police look into whether that constituted witness tampering.

"My understanding is that there is an ongoing federal investigation looking into those issues, among other things," McGinness said.

The federal investigation was triggered by the school's failure to report the sexual misconduct allegations to AmeriCorps, which provided grant money to Johnson's Hood Corps youth volunteer program. Federal agents were in Sacramento again this week, continuing an expanded probe that is now looking at possible misuse of federal funds as well.

The sheriff's review also did not consider the relevance of a 1995 Phoenix case in which Johnson apparently made a $230,000 confidential settlement to a teenage girl, according to a draft of the settlement documents obtained by The Bee.

Braziel sent a report Friday to City Manager Ray Kerridge that contains the sheriff's review and a memo detailing the Police Department's initial investigation.

That investigation drew political fire during the contentious mayor's race. After Fargo and others argued that the police investigation should be reopened, in light of the information about the Phoenix settlement, Johnson's supporters countered that the mayor was using her office to further her campaign.

Braziel's department has declined to release the original police report, saying that would be a breach of city policy.

About the writer:

• The Bee's Dorothy Korber can be reached at (916) 321-1061.