Klein (Direct) Flashcards
How are you employed?
I have been working for the Esseph County District Attorney’s Office in the Public Accountability Unit since 2018
What are your primary responsibilities in this role?
My primary responsibilities include auditing public officials for potential misconduct.
What degrees do you possess?
I possess a bachelor’s degree in American History from Sonoma State University in 1999 as well as a masters degree in Criminology from UC Davis which I received in 2001.
What kind of training have you received?
I have received basic training at the police academy as well as further training and certification in law enforcement standards and investigative procedures
How long have you worked in law enforcement?
Nearly two decades
What about public accountability cases, how many public accountability cases have you participated in?
Over 200
What kind of issues have these cases revolved around?
Primarily fraud, corruption, bribery, extortion, misappropriation, and excessive use of force
As part of your audit of government misconduct, do you compare the subjects of your investigations against widely-accepted industry standards and best practices.
Yes
Did you do so in this case?
Yes
Is your conclusion in this matter within a reasonable degree of scientific certainty?
Yes.
So, let’s turn to that opinion first, and then we will go through the basis of the opinion. What opinion did you reach in this case?
I reached three opinions after reviewing all of the evidence:
The first was that the defendant and detective michaels knew departmental policy regarding confidential informants, contact with witnesses, and the requirement to use visual and audio recorders when taking statements.
The second was that they intentionally engaged in a course of conduct that violates those policies with regards to Burgess.
Finally, that as a result of their violations, an innocent person was charged, tried convicted, and incarcerated.
What kind of Reputation did the sheriff’s office possess at the time of the Larson murder?
Up until the Larson Murder, the Sheriff’s Office had a 100% homicide arrest rate, and of those arrests, a 100% conviction rate. This all changed when the DA’s office initially refused to prosecute Reese for the Larson murder
What about Election Pressure Sheriff Klein was facing, what was happening with the sheriff’s election campaign at this time?
Well, he had low approval ratings up until the trial and its aftermath became widely publicized throughout Empirion. Klein ended up winning the election after and was re-seated as the elected sheriff.
How did you get involved in this case?
I was assigned by the District Attorney’s Office to conduct an investigation into Jaylen Burgess’s claims of being paid for their false testimony by Sheriff Michelin Klein. I was also asked to make a recommendation regarding potential criminal charges against Klein.
How did you become aware of these claims?
On May 16, 2021, Jaylen Burgess submitted a declaration signed under penalty of perjury admitting to lying during their September 2013 interview with Detective Mckenzie Michaels, and lying under oath about the identification of Matthew Reese during their murder trial in 2016.
Did the District Attorney’s Office immediately file charges?
No, as there was not sufficient evidence.
What led to charges being filed against Reese?
As soon as Burgess came forward and claimed to be an eyewitness in the shooting following an ENN broadcast coordinated by Klein
Was that all Burgess did in the case?
No, he also testified at the trial regarding his observation of the shooting.
How did you begin your investigation into the sheriff?
I began by reviewing Burgess’s declaration, then called Burgess to conduct a follow-up interview.
What did you learn during your interview with him?
He told me how he met Klein following a robbery and how he assumed an informal community-informant relationship with Klein and provided background information on various matters. He also told me he was paid for his testimony in the Reese trial.
How were the payments to Burgess made?
Klein made dozens of payments to them before the trial, as early as 2012 and continued periodically after the trial. The payments were usually in cash, but sometimes by check or the mobile payment app, E-Pay. Klein would sometimes say they were a way of saying thanks for “Burgess’s help” or “to support the family.” As Matthew Reese’s trial drew closer, Klein would just give the money without any explanation.
Was there a pattern with the payments as the trial approached?
Yes, they became larger. There was a payment of $3000 the week before trial and a payment of $5000 after Burgess testified
Did you interview anybody else?
Yes I interviewed both Mckenzie Micheals and Michelin Klein
Let’s start with Micheals, did you learn anything significant from his interview?
Not really, I learned that he followed the same standards and procedures used in all homicide investigations and that Klein was very upset following the DA’s decline to file charges against Reese.
