An El Dorado County jury deliberated for just three
hours before it found Placerville Police Officer John Jacobs, age 48,
not guilty of violating a mandatory requirement to report child abuse.
Jacobs, 17-year veteran of Placerville PD, was represented by LDF panel
attorney Paul Q. Goyette of Goyette & Adams.
The State Attorney General’s Office filed a
criminal complaint against Jacobs alleging he violated Penal Code
§11172(e). Penal Code §11172(e) states that a person can be held
criminally liable for his or her failure to report known child abuse, or
child abuse he or she reasonably believes to have occurred.
"Jacobs did everything humanly possible to
determine what, if anything, occurred in this case," Goyette said,
calling the prosecution’s case a "serious attack on a 25-year
veteran of law enforcement."
On November 28, 1997, Jacobs was dispatched to a call
where the suspect stated that "he wanted to turn himself in for
child molest". When Jacobs arrived at the call, the suspect advised
him that he had accidentally brushed his arm against the breasts of his
15-year old niece. The suspect maintained that the touching was purely
accidental and was not sexual in any way. Jacobs asked to speak to the
victim and was advised she was out of town. Jacobs was able to speak to
the victim’s father by telephone. The victim’s father told Jacobs
that he was not sure if anything had occurred, but that he would
investigate the matter thoroughly. Jacobs arranged a meeting with the
victim and her father for the next day.
After clearing the call, Jacobs met with his
supervisor and advised him of the status of the case. In addition,
Jacobs met with another sergeant of the department who had extensive
experience in sexual assault investigation. Both sergeants advised
Jacobs that he needed to obtain more information to determine whether a
crime had occurred.
The next day, Jacobs arrived at the suspect’s
residence to meet with the victim and her father. The suspect
immediately advised Jacobs that the victim and her father would not be
coming and did not wish to meet with Jacobs. Jacobs was able to reach
the victim’s father by telephone to inquire why they were not
attending the meeting. The victim’s father advised Jacobs that he
still did not know if anything occurred with his daughter, and under no
circumstances would they meet with him. Further, the victim’s father
refused to allow Jacobs to speak to the victim. Jacobs persisted with
both the suspect and the victim’s father, but was unable to obtain any
information as to whether anything occurred, other than an accidental
touching.
Later in the shift, Jacobs again updated his
supervisor as to the status of the investigation. Jacobs concluded that
he did not have sufficient information to determine if a sexual assault
had occurred and that he would need to obtain more information regarding
the call. Jacobs then began attending to other calls that were waiting
for him.
A few weeks later, the victim’s mother contacted
the Placerville Police Department and inquired as to the status of the
investigation. The department then began its own criminal and internal
affairs investigations. The case was prosecuted by the State Attorney
General’s office.
The Attorney General’s office alleged that Jacobs
failed to file a report in a clear case of child abuse. However, the
jury did not agree. Two members of the jury said they felt the evidence
showed the suspect and the victim’s father may have conspired to
deprive Jacobs of key information. The jurors noted that it was
important that Jacobs, within one hour of answering the call, sought out
his supervisor and another highly knowledgeable sergeant to determine
how to proceed.
An emotional Jacobs was relieved with the jury’s
verdict. "Not in my wildest dreams did I think there was a problem
in the way I handled this call. Before I know it, I have a criminal case
filed against me and I am fighting for my career." Jacobs credited
the work of Goyette during trial. "I cannot say enough about the
way he represented me in this case. Goyette hammered them at every
opportunity. He did a great job of letting the truth come out."
Goyette noted this was the kind of case that could
affect any officer. "The scary part about this case is that this is
the type of case that could affect anybody. Jacobs was just doing his
job, and doing it well. Then he finds himself battling a lengthy and
difficult criminal case. Fortunately, with the assistance of the Legal
Defense Fund, the case turned out well."
