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Just over a month after the thorny, two-week public hearing that aired allegations of abuse of power, a retired judge has concluded that San Mateo County has cause to remove Sheriff Christina Corpus.
Retired Santa Clara County Superior Court Judge James Emerson issued the advisory opinion Monday just one week ahead of the 45-day deadline, finding that Corpus used her position to benefit Victor Aenlle, with whom she had a “close personal relationship outside the boundaries of a professional working relationship,” according to a news release.
“The evidentiary record is highly suggestive that appellant Sheriff Corpus and Mr. Aenlle were in a romantic extra-marital relationship,” the judge stated in his opinion.
Because of her relationship with Aenlle, the judge found that “Sheriff Corpus elevated her own interest” over her obligation to appoint and recruit hires.
Emerson also found that the sheriff engaged in conflicts of interest, by directing the arrest of the deputy sheriffs’ union president, Carlos Tapia, without probable cause. The record, he wrote in his opinion, shows that the sheriff’s motives had to do with Tapia’s position and/or activities with the Deputy Sheriffs’ Association labor union.
Corpus’ justification for ordering an investigation against Tapia, the judge wrote, “is, at the very least, questionable and, more likely, pretextual.” That’s because Corpus “already lost credibility” in denying her relationship with Aenlle.
Once more, Emerson found Corpus guilty of retaliation for transferring Cpt. Brian Philip who refused to deliver a notice that he believed was improper and could violate state law. The judge concluded Philip’s refusal was protected under state laws.
Corpus took office in January 2023, with questions arising regarding her conduct within her first year. The Board of Supervisors responded by authorizing an independent investigation by the San Francisco law firm Keker, Van Nest & Peters LLP.
The firm, in a 408-page report, later referred to as “the Cordell report,” found that Corpus had an inappropriate romantic relationship with Aenlle and that they together fostered a culture of intimidation and retaliation at the Sheriff’s Department.
As the county’s first female and Latina sheriff, Corpus refuted the county attorneys’ portrayal of her in her August testimony, saying that “I’ve fought tooth and nail to where I’ve gotten today with integrity.”
The opinion comes as Aenlle awaits an update on a separate, 114-page complaint he filed Sept. 18 against County Executive Mike Callagy, the San Mateo County Board of Supervisors and others. In it, his lawyers assert that the county is responsible for a campaign of retaliation, wrongful termination, defamation and unconstitutional abuse of power against him.
The county denied Aenlle’s claims.
“The falsehoods alleged in this lawsuit are an additional distraction that will cost taxpayer money,” the county’s Interim Director of Strategic Communications, Effie Milionis Verducci, told this media organization last month.
Measure A, a charter amendment approved by 84% of county voters, authorized the Board of Supervisors to pursue the removal of an elected sheriff for cause. The board voted unanimously on June 24 to begin removal proceedings against Corpus once Measure A passed, which was followed by a 10-day public hearing in August.
Now that Emerson has issued an opinion from that hearing, which needed to happen by Oct. 13, the board will meet in a special public meeting to determine whether to remove the sheriff once and for all. The County has not yet scheduled that meeting, which will be open to the public and will take place by Nov. 6.
Hours after the judge issued his decision, Fixin’ San Mateo County, a grassroots organization that pushes for civilian oversight of the Sheriff’s Office to promote transparency and accountability in policing, released a press statement addressed to the Board of Supervisors. In it, they requested the county hire a permanent inspector general and collaborate with community members in the selection of a new sheriff.
Editor’s Note: This story has been updated to include the input of Fixin’ San Mateo County.
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