San Jose police union pulls endorsement of sheriff challenger

SAN JOSE — The largest police union in Santa Clara County rescinded its endorsement of former undersheriff John Hirokawa in his November bid to unseat five-term incumbent Sheriff Laurie Smith over what it calls his underwhelming response to a racist text scandal that resurfaced last month.

The San Jose Police Officers’ Association contends he was not swift or forceful enough in condemning the conduct and deputies linked to the scandal, particularly the president of the deputy union that has been a primary backer of his campaign.

“Hirokawa failed to immediately condemn the racist, homophobic, and misogynist text messages,” reads a statement from Paul Kelly, president of the San Jose union. “Whether on or off duty, racist behavior by members of law enforcement impacts the administration of equal justice for all, and Mr. Hirokawa should know this. Racist, homophobic and misogynist language has no place in law enforcement or our society.”

The SJPOA noted that its decision, announced Tuesday afternoon, means it is now taking a neutral stance on the sheriff’s race.

Tuesday’s news is the latest in a string of efforts to impugn Hirokawa and his association with the Deputy Sheriffs’ Association, which has lent significant financial and political support to his campaign. The DSA president, Don Morrissey, has been embroiled in a lengthy legal battle after Smith demoted him from sergeant to deputy for failing to report that jail guards he worked with were exchanging vile racist, sexist, homophobic and transphobic slurs, including images of swastikas and Ku Klux Klan members in pointy white hats, in text messages first reported by The Mercury News in 2015.

Hirokawa’s campaign, which still has the backing of the vast majority of police unions in the region, fired back at the POA’s assertion and said he has consistently denounced the texts, and that the repugnant behavior emanates from a culture of low morale he is looking to improve.

“It’s disappointing. We want to continue to talk about improving working conditions and the morale of law enforcement,” said Jeffrey Cárdenas, Hirokawa’s campaign manager. “But quite frankly, it’s part of the political manipulation we’ve come to sadly expect. If they were really interested in addressing the root problems, well, the sheriff had the ultimate authority to fire Don Morrissey.”

Morrissey took the matter to arbitration and lost, but appealed the decision, arguing that he was prohibited from mounting a Fourth Amendment defense on the premise that many of the communications occurred off duty on personal cellphones.

The filing last month unearthed more of the messages, first reported by Metro, and affirmed in part Morrissey’s contention that he did not write any of the overtly racist texts. But they also showed that at minimum, he passively engaged with about a half-dozen jail deputies — in banter, he later described as dark humor — and joked about trading sexual favors with inmates for food items and likening Smith to a misogynistic slur. Hirokawa was also the target of at least one exchange.

A small group of DSA members called for Morrissey’s resignation and called for a re-vote of the union’s endorsement. So far Morrissey has not indicated any plans to step down.

Hirokawa has recommended Morrissey renounce his leadership role — similarly to how he recently resigned as secretary of the Peace Officers Research Association of Calfornia — but has been careful and nuanced about his comments on Morrissey’s discipline. That perceived lack of a firm denouncement of Morrissey appears to be at the heart of the SJPOA endorsement shift.

Cárdenas said what critics are characterizing as a lack of resolve is actually a commitment to due process and fairness, even in the face of reprehensible conduct.

“He doesn’t seek an outcome regardless of evidence, process be damned, for political expediency,” Cárdenas said. “That’s not how John operates.”

The racist texts surfaced in 2015 when the Sheriff’s Office examined the cellphone of a deputy suspected of associating with a known member of the Hells Angels motorcycle gang. It infuriated a community already reeling from the death of mentally ill inmate Michael Tyree by three jail guards later convicted of murder.

Morrissey was not available for comment. DSA Vice President Roger Winslow contends the steady attention being paid to the text controversy is a distraction from discussing problems in the agency.

“Are we talking about the problems of Michael Tyree getting murdered, the state of the jail, our staffing crisis?” Winslow said. “In the end, it doesn’t change the desperate need for a new sheriff.”

The correctional officers union — to which most the illicit texters belonged, including its former union president who was fired — has endorsed Smith.

Kelly, the SJPOA president, also called on other Hirokawa backers to reconsider their support, saying civic organizations “must determine if these vile text messages and the response from Mr. Hirokawa aligns with their values.”

Bill James, chairman of the Santa Clara County Democratic Central Committee, said the organization is endorsing Hirokawa, not Morrissey, and takes issue with what he called an “unfair” and “concerted effort” to associate the two.

“We are standing by our endorsement, although we are continuing to monitor for any further information that may be developed,” James said.

Rev. Jethroe “Jeff” Moore, president of San Jose/Silicon Valley NAACP, which has called for Morrissey to resign, said his organization plans to hold a community forum where Smith and Hirokawa can address the text scandal.

“Let them answer questions in front of the community,” Moore said. “Let’s talk about the issues out in the open.”

Staff writer Emily DeRuy contributed to this report.

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