Letter To The Honorable Thomas E. Perez, Assistant Attorney General For Civil Rights Of The United States

Letter

Congresswoman Waters Asks DOJ to Investigate Mitrice Richardson's Disappearance

Congresswoman Maxine Waters (CA-35), a member of the House Judiciary Committee, recently requested that the Federal Bureau of Investigation (FBI) open an investigation into the disappearance of Mitrice Richardson. Ms. Richardson disappeared after being arrested and subsequently released by the Los Angeles County Sherriff's Department (LACSD) in the wee hours of the morning of September 17, 2009. FBI Director Robert Mueller informed the Congresswoman that the FBI does not investigate adult missing persons, only persons under the age of 18.

However Congresswoman Waters continued her efforts to assist Mitrice Richardson's family in locating her by contacting the Civil Rights Division of the Department of Justice in a letter yesterday, requesting an investigation.

"I believe that Mitrice's civil rights were violated when she was arrested and then let go in the middle of the night without money, a phone, or transportation," said Congresswoman Waters. "The roads of Malibu are dark and dangerous at night, and since the Los Angeles Police Department (LAPD) later concluded that Mitrice appeared to be suffering from bipolar disorder that evening, I believe that the circumstances surrounding her disappearance warrant a thorough, federal investigation."

The Congresswoman continued, "People with disabilities, including mental disabilities, are a protected class in this country. It appears the Malibu/Lost Hills Sherriff's Department failed to follow its own policies, which state that individuals with mental disabilities are to be released into the care of family, friends, or medical professionals. I believe that the Justice Department is the best equipped agency to handle this investigation, and I will continue to work with the appropriate officials to help the family of Mitrice Richardson."

Congresswoman Waters is a also cosponsor of the Help Find the Missing Act (H.R. 3695), which would improve federal, state and local efforts to compile and coordinate databases of the missing and allow private citizens who seek information on their missing loved ones to review certain facts and evidence.

May 5, 2010

The Honorable Thomas E. Perez
Assistant Attorney General
U.S. Department Of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Office of the Assistant Attorney General, Main
Washington, D.C. 20530

Dear Assistant Attorney General Perez:

As the U.S. Representative for California's 35th District, I am deeply concerned about the circumstances surrounding the detention and release of Mitrice Richardson, a constituent who disappeared on September 17, 2009 following g her arrest by the Los Angeles County Sheriff's Department (LACSD). Serving on the House Committee on the Judiciary, I am equally troubled by reprots that question whether the Malibu/Lost Hills Sheriffs Station acted properly in releasing Mitrice Richardson during the predawn hours without money or transportation, all while she was suffering from what the Los Angeles Police Department's (LAPD) doctors have concluded to be bipolar disorder.

Due to delays and distrust in the local authorities' investigation, the family launched an aggressive campaign to raise money and resources to personally investigate Mitrice's disappearance. Constituents from across my district called for a federal investigation and inundated my Los Angeles office with phone calls, letters, and faxes requesting my support in their efforts to find Mitrice. The FBI declined to get involved in the investigation after I sent a letter to Director Mueller, but after months of public outcry and discontent, the LAPD, in cooperation with LACSD, finally decided to devote the resources necessary to investigate Mitrice Richardson's disappearance.

However, despite several official agency searches of the area surrounding the Lost Hills station, no new evidence has been recovered. The family has now filed various legal claims against LA County, alleging that the sheriffs were negligent in their detention and release of Mitrice Richardson. Since the beginning of the case, Mitrice's parents have been highly suspicious of the LACSD, and they believe the sheriffs may have been involved with Mitrice's disappearance.

Under our federal civil rights statutes, disabled individuals are a protected class, and thus, local authorities are expected to enact policies and procedures that provide for reasonable accommodations for persons detained who suffer from a mental disability. While it is the Malibu/Lost Hills Sheriffs Station's policy to treat mentally disabled individuals differently from other individuals, it appears in Mitrice Richardson's case that the sheriffs failed to follow their own procedures. According to their policy, "individuals deemed to have medical or mental disabilities that would prevent them from adequately caring for themselves are released to the care of a friend, family member, or caretaker. If a caretaker is unavailable, then the individual is released to a qualified medical or mental health facility." The sheriffs contend that they could not have known that Mitrice was mentally disabled. However, on the night of the arrest, several witnesses told the sheriffs that Mitrice may be suffering from a mental disability and needed medication.

I believe that the Department of Justice (DOJ), with its trained and experienced personnel and abundance of resources, is better equipped than a private individual to investigate. In addition, DOJ has the responsibility to pursue cases implicating federal criminal or civil rights statutes. I believe the circumstances and facts of this case warrant the Justice Department's involvement.

Therefore, it is with great urgency that I respectfully request that the DOJ open an investigation into Mitrice's disappearance and the circumstances surrounding her arrest, detention, and release from the custody of the Malibu/Lost Hills Sheriff Station.

Thank you for your consideration of this request; I look forward to hearing from you soon. If you have any further questions about this matter, please contact me or Twaun Samual of my staff at (202) 225-2201.

Sincerely,

Maxine Waters
Member of Congress

CC: Attorney General Eric Holder

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