Letter Response From AG Rob Bonta's Office Re: Batmobile Investigation

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ROB BONTA State of California

Attorney General DEPARTMENT OF JUSTICE


1300 I STREET
SACRAMENTO, CA 95814
Public: (916) 210-6029
Telephone: (916) 210-6071
Email: Michael.Redding@doj.ca.gov

September 14, 2022

Michael Callagy
San Mateo County Executive
County Government Center
400 County Center, 1st Floor
Redwood City, CA 94063

RE: San Mateo County Sheriff’s Investigation of Mark Racop

Dear County Executive Callagy:

Thank you for your letter, dated August 16, 2022, regarding the San Mateo County
Sheriff’s Office investigation relating to Indiana resident Mark Racop and his business
Fiberglass Freaks. In your letter, you discuss the facts of the case and note that the propriety
of the investigation and prosecution have been called into question by media outlets and
members of the public. You also highlight the Attorney General’s power under Article V,
Section 13 of the California constitution and refer the case to us for “any inquiry or actions
that [we] determine are warranted under the circumstances.”

The Attorney General believes that trust in law enforcement must be earned with
transparency, and it is only with trust that we can build safe, secure communities. The
Department of Justice encourages all law enforcement entities involved in this case to
continue sharing the details of the investigation where possible.

Although your letter identifies notable concerns, it does not allege that the San
Mateo County Sheriff’s Office committed a crime. Nor does it detail anything beyond a
criminal investigation. This investigation involved several law enforcement entities and, as
you note, the issuing of several warrants by judges in California and Indiana. Nothing in
your letter suggests the facts contained in the affidavits in support of the warrants were
misrepresented or inadequate in any way. Furthermore, it is the understanding of this office
that you have hired former Alameda County Judge and Deputy Attorney General Winifred
Smith to conduct an independent investigation.

While the California Department of Justice has the authority to oversee the
California Sheriffs and District Attorneys, the Department only takes that extraordinary step
when there is a compelling need. As you have not alleged any wrongdoing and have
Michael Callagy
September 14, 2022
Page 2

secured an independent investigator to perform an examination of the case, the Department


of Justice is declining to take any further action at this time. Should you become aware of
facts or allegations of wrongdoing—whether on your own or through the independent
investigation—please do not hesitate to reach out to our office. I can be reached by email at
Michael.Redding@doj.ca.gov. Thank you for sharing your concern, and your commitment
to building transparent, trusting, and safe communities.

Sincerely,

MICHAEL W. REDDING
Special Assistant Attorney General

For ROB BONTA


Attorney General

cc: Carlos Bolanos, Sheriff


Stephen Wagstaffe, District Attorney
John Nibbelin, County Attorney

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