Transcript of report

EDITOR’S NOTE: The federal judge was named as a suspect in the following report. However, since no charges were filed, The Spokesman-Review chose to redact his name from this copy.

“INCIDENT REPORT”

“LEWD CONDUCT” Incident number 05-229238

NARRATIVE by Officer John O’Brien:

“I was sent to the area of the amusement rides in Riverfront Park after a call from Diana Stanley reporting a male masturbating in the park. I checked the area of rides but could not find a white male in his fifties with a similar clothing description. SPD Radio advised Officer Aspaas and I could disregard looking in the park after the suspect had shown up at the Convention Center and was contacted by Officer Rosenthal who was working a special detail.

“I went to the convention center and contacted U.S. Marshal Kevin Kilgore. Kilgore gave me the names of Diana and David Stanley who had witnessed the lewd conduct in the park. Kilgore told me he briefly interviewed the couple. I contacted David and Diana and asked them to tell me the store.

“David told me that he and his wife had just finished their running exercise and were walking thru (sic) the park towards the Chateau apartments that are located north of Riverfront Park. They were on the east side of Washington Street north of the grassy meadow near the Forestry Pavilion. This area is directly north of the Convention Center.

“David said neither he or (sic) Diana were talking or walking quietly. They saw a male, later identified as (name redacted), sitting on the second from the top step. The steps lead down and under the Washington Street bridge to access the amusement ride area of Riverfront Park under the U.S. Pavilion.

“David said they saw (name redacted) for about ten seconds as they were walking towards him. David said (name redacted)’s pants appeared to be open in front. He explained that (name redacted)’s pants were “saggy and baggy” around the sides and the back of his pants were down a little bit. David said (name redacted)’s “butt” was not exposed because the shirt was covering it.

“David said (name redacted)’s right arm and shoulder were moving and it indicated to David that (name redacted) was masturbating. David said he thought (name redacted) had a flip style phone and appeared to be looking at the screen while he held the phone in his left hand. David said the screen looked illuminated.

“David said he and Diana were about ten feet away from (name redacted) when they began to speak and that made (name redacted) turn sideways suddenly. David said (name redacted) pulled his pants up and began to walk away but kept looking over his shoulder to see where David and Diana were at. David said it took (name redacted) a long time to fasten his pants back up. David believes (name redacted) was still holing (sic) the cell phone while fastening his pants. (name redacted) was across the under pass of Washington and almost to the entrance to the U.S. Pavilion area when he finished fastening his pants.

“Neither David or Diana said they actually saw (name redacted) masturbating nor did they see any exposed genitalia. Both said that even though they didn’t see the actual act they both knew that he had been masturbating.

“David said they kept an eye on (name redacted) as (name redacted) went back to the Convention Center and went inside. David found a Riverfront Park security officer and was talking to him when (name redacted) walked back out. David pointed (name redacted) out as the same subject who they had seen sitting on the stairs masturbating. This information was passed on to the U.S. Marshals.

“The Stanley’s were released and I was contacted by the U.S. Marshals and they requested I interview (name redacted) in a private area of the convention center. Sergeant Teigen accompanied me to the interview with (name redacted).

“I introduced myself to (name redacted) and explained the allegations that the Stanleys had made. I told (name redacted) that the Stanleys thought he was masturbating with his right hand while holding his phone in his left. I told (name redacted) that he didn’t have to speak to me but he said he wanted to explain to me what had happened.

“(name redacted) started out by saying he wanted me to know his history. (Name redacted) said he has had two types of cancer. He has had throat and Thyroid cancer. (Name redacted) pointed out a scar on his neck as he explained the story. (Name redacted) told me that those events had made him scared.

“(Name redacted) was in the shower this morning when he noticed a foreign mole or mark on his upper right thigh. Again (name redacted) told me that he was scared and this new mark alarmed him. This mole/mark was weighing heavy on him and had him stressed out. (Name redacted) said he just had to go for a walk during the conference to clear his head. During the walk, the mole/mark began to burn. (Name redacted) said he looked for an out of the way spot to stop and take a look at the mole/mark.

“(Name redacted) said he sat on the stairs to investigate it. (Name redacted) wanted to demonstrate how he was sitting. (Name redacted) extended his right leg and began to pull up his pant leg. (Name redacted) was telling me about how fair skinned he was and wanted me to see the mole/mark. (Name redacted) was finally able to get his pant leg far enough up and with manipulating his skin downwards, he showed me a small mark on his thigh. (Name redacted) said this mark had him so worried that he was going to get in touch with his dermatologist.

“(Name redacted) said, “I was not masturbating.” (Name redacted) pointed out to me that he never wears his cellular phone on the left side of his body. (Name redacted) removed his phone and wanted me to look at the call history. (Name redacted) pointed out that he hasn’t had a call since around 0600 hrs (sic) this morning.

“(Name redacted) wanted to clear up why he thought the Stanleys may have thought he was fastening his belt. (Name redacted) said that as he has aged, he has put on a little extra weight and while he was seated with his leg out and pulling up his pant leg, the waist of his pants lowered. Again (name redacted) demonstrated how he was seated, pulled up his pant leg and searched for the small mark/mole. After he was able to locate the mark again, (name redacted) stood up and pulled the waist of his pants up.

“I went out of the room with Sergeant Teigen and discussed no probable cause at this time. We contacted (name redacted) again and explained to him that an informational report would be written at this time.

“(Name redacted) said he was okay with that because he was nobody special. (Name redacted) said that if he ad been masturbating in the park he would expect to be treated just like everyone else. (Name redacted) offered that he is one of the most hardest sentencing magistrates on sex offenders.

“I gave the report number to (name redacted) and cleared the scene.

“I called David and asked him some follow up questions after my conversations with (name redacted).

“David said (name redacted) never had any pant legs pulled up. David told me again how (name redacted)’s pants were drooping and appeared open in the front.

O’Brien, #494.

UNDER SOLVABILITY FACTORS, O’BRIEN LISTED: “Suspect can be located, suspect named, witness to crime.”

The incident occurred at about 9:57 a.m. and was reported at 11:54 a.m. on July 21, 2005. The report was approved by #1114 Larry Adams at 3:09 p.m. on July 21.