There is "no foundation" for an allegation of theft against an Atherton police officer, according to the San Mateo County District Attorney's Office.
"There are times when I say that there wasn't enough evidence to prosecute," Mr. Wagstaffe said. "In this case, we determined that there was no basis for it."
What it came down to was a small item of furniture that was thought to be missing, he said.
"It was simply confusion over what was to be done with this small piece of furniture," Mr. Wagstaffe said.
The case was automatically referred to the DA's office because police departments can't investigate cases that involve their own officers, for obvious reasons.
"With law-enforcement agencies, we have a strict policy that we expect departments to follow. Then no one can reasonably claim a cover-up," said Mr. Wagstaffe.
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