After Foster conviction, Fresno police chief asks public to keep faith in his officers

Chief Jerry Dyer said the Fresno Police Department took a public relations hit when former deputy chief Keith Foster was convicted of federal drug charges.

But Dyer said, “the personal choices and actions of one individual does not translate into an organizational problem or corruption.”

In his first detailed response to Foster’s conviction on Tuesday, May 23, Dyer asked the public not to lose faith in his department. He also said the public’s perception of the department is so important to him that he wants his officers to be held “to the highest standard” in order “to gain and maintain the trust of our citizens.”

The case against Foster – Dyer’s second in command, longtime friend, and apparent heir – was built on wiretaps and surveillance by federal agents. Foster, 53, was convicted in U.S. District Court in Fresno of conspiring to traffic heroin and marijuana. The jury deadlocked on six other felony charges. Foster is to be sentenced in October.

In his trial, Foster contended the wiretaps show he was secretly gathering evidence for narcotics detectives. Dyer played a key role in the trial, testifying for the prosecution and debunking Foster’s undercover defense.

In an email to The Bee on Thursday, Dyer said Foster’s trial shined a grim spotlight on his department because the evidence revealed that Foster was making drug deals during the work week. In addition, Foster said on the wiretaps that he would call his “narc guys” to help his nephew Denny Foster, who was busted by the California Highway Patrol with six pounds of marijuana.

Essentially, prosecutors told the jury that Foster wanted to cover up his nephew’s crime. Prosecutor Duce Rice said Foster’s actions amounted to “corruption.”

Dyer acknowledged the backlash, saying “I do recognize that certain folks may have lost confidence and trust in this department.” But he said, “it is my hope that the entire department will not be judged by the actions of one individual.”

During the trial, Foster testified that Dyer mentored him and their offices were close at police headquarters. Some contend Dyer and his department should have known about Foster’s criminal activity, but the chief said there was no way anyone could to find out about it because Foster had a stable lifestyle when he was promoted to deputy chief.

Dyer also also said “there is absolutely no indication that any other department member was involved in or had knowledge of Foster’s criminal activity.”

Foster was caught on wiretaps after agents of the FBI and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives received a tip that Denny Foster was selling guns. Though the gun allegation didn’t pan out, federal agents learned that Denny Foster was a big-time marijuana dealer who frequently received calls from his uncle, Keith Foster.

During the trial, prosecutors said Foster turned to trafficking drugs to pay bills from an expensive divorce. Prior his arrest in March 2015, Foster, the father of six children and three times divorced, was deep in debt, paying $5,100 monthly in spousal and child support, according to his divorce file in Fresno County Superior Court.

As a deputy chief, he owed back taxes to the IRS and tens of thousands of dollars in credit card and loan debt, even though he made nearly $14,995 per month in gross income in 2014 from the Fresno Police Department, the court records show.

Background checks

Could a simple background check on Foster have foreshadowed his criminal involvement? Dyer said no. That’s because Foster was promoted to deputy chief in January 2007 after excelling as a captain, Dyer said. “At the time of his promotion, Foster was married to his wife who was also gainfully employed,” the chief said. “There was no indication of any unusual debt or financial hardship.”

But since Foster’s arrest, Dyer said he has implemented a procedure for officers seeking promotion in which they have to answer questions about their financial history, including any credit card debt and real estate foreclosures.

Background checks of police officers is a sticky subject. The California Police Chiefs Association declined to weigh in on the topic.

Before getting hired, a police officer must go through an extensive review that includes a psychological examination, a polygraph and credit checks. But once they are hired, the Peace Officers Bill of Rights and labor agreements regulate what background checks can be done on an officer seeking promotion, Dyer said. In general, background checks are limited to officers assigned or promoted to narcotics and vice units, the chief said.

Sacramento and Bakersfield police departments operate under similar rules.

Background checks are not required for police officers who are already in the department and candidates for promotion, said officer Matthew McPhail, spokesman for the Sacramento Police Department. Candidates from other agencies who are seeking top-level jobs in Sacramento PD, however, must undergo extensive background checks before they are hired, he said.

McPhail said financial checks are important because police officers don’t usually have criminal records. A financial check can help determine whether an officers has a gambling addiction or massive credit card debt. Either one could be reason not to hire the person, McPhail said.

That’s why Sacramento depends on the public to give them tips about officers who might be involved in criminal activity or have unstable lifestyles, McPhail said. Tipster can notify the department’s Internal Affairs unit or contact the city’s Office of Public Safety Accountability. If the tip is valid, police have reason to investigate the officer’s background, he said.

Bakersfield Police Department also does not do background checks on officers once they are hired. The Peace Officers Bill of Rights also limits financial audits of officers who are members of specialized units, such as narcotics, Sgt. Ryan Kroeker, department spokesman.

Under the Peace Officers Bill of Rights, an officer can object to an financial audit, Kroeker said. But an objection would send a “red flag” to the department, he said, and warrant an internal inquiry.

Other agencies, such as the California State University system, which includes Fresno State, require stringent background checks not only for new hires – temporary, probationary, intermittent, and at-will employees – but for existing employees who are promoted or transferred to “sensitive positions,” such as jobs that handle cash, student records, financial data, health care information and child care.

Employees of federal courthouses are subject to background checks by the FBI and Credit Bureau. “This policy also requires mandatory background investigations for all current employees in the federal courts who are appointed, promoted or have a personnel actions change to a high-sensitive position,” the policy says. Court volunteers and paid contractors also are subject to background checks.

In his trial, Foster testified that he borrowed $15,000 from a sergeant and took oxycodone pills for painful gout. Dyer said he was “not aware of the loan, nor did Foster seek my approval for this loan.” He also said he was unaware of Foster taking oyxcodone.

Department policy asks officers to avoid such loans, Dyer said. “We also have policies in place that regulates business relationships between department members that create a conflict of interest,” the chief said. In addition, there’s a policy to prohibits employees from working under the influence of drugs or medication that would impair his or her ability to safely perform their duties, Dyer said.

It’s unclear if Foster actually took the oyxcodone pills since and FBI lab tests on his urine and blood after his arrest showed no sign of the narcotic. Evidence in his trial revealed that Foster paid nearly $13 for 100 pills; prosecutors contended he sold 98 pills to his nephew, Randy Flowers, on the day of his arrest for $1,300.

Six co-defendants, including Foster’s two nephews, accepted plea deals, leaving Foster to stand trial alone.

In the wake of Foster’s conviction, Dyer said he wants the public to know that his officers, regardless of rank, will be held to the highest standard. “I have an expectation of all of my employees to abide by the law and follow the policies set before them,” Dyer said. “When they fail to do so, they will be held accountable.”

This story was originally published May 26, 2017 at 2:16 PM with the headline "After Foster conviction, Fresno police chief asks public to keep faith in his officers."