Date on sex tape supports deputy, attorney claims

Expert analysis of a sex tape authenticates its recording date and so supports testimony by a Yuba County sheriff's deputy about his relationship with the female officer in the tape, the deputy and his attorney say.

Deputy Teng Saechao, 44, challenging his demotion from sergeant after the Yuba County Sheriff's Department said he violated an order by contacting the female officer, wants the tape admitted in his legal bid to win back his sergeant status.

Attorney Steven Brock, representing Saechao, said Wednesday that establishing a Feb. 14, 2006, date for the tape supports Saechao's credibility and "unequivocally demonstrates that there is insufficient basis" for his demotion.

"Bringing in a sex tape wasn't the issue," Brock said. "It's bringing the date."

The female officer had denied any intimate relationship occurred after 2003 but the recent forensic analysis by a California laboratory concludes the tape was made in 2006, Brock stated. Her account of when the relationship ended was essential to Saechao's demotion, the attorney said.

The Valentine's Day videotape shows Saechao and the female officer engaged in "intimate sexual activity," according to the legal filing this week in Yuba County Superior Court.

Brock asserts the tape's date also refutes claims of sexual harassment against his client.

"The tape shows welcome conduct," Brock said.

Angil Morris-Jones, county counsel for Yuba County, said Wednesday of Saechao's case that, "it is a matter that will be resolved by the court — where it should be."

"We'll let our response speak for itself," Morris-Jones said.

Sheriff's Department spokeswoman Melanie Oakes said she can't comment on the case because it is pending litigation and a personnel matter.

An Aug. 26 court hearing will be held on Brock's motion to add the videotape to the record in the case. The hearing will also take up the larger issue of Saechao's reinstatement to sergeant, Brock said. The case was first filed last year.

The Stutchman Forensic Laboratory undertook the expert analysis of the videotape. Its report states that part of the tape shows the front of a fireplace. A female voice says "Go," Saechao introduces himself by name and a bed is seen briefly, according to the lab report. The female officer was aware the event was videotaped, according to the lab.

Saechao is challenging an administrative law judge in 2007 upholding Saechao's demotion to deputy. The state assigns such judges to hear matters involving public employment.

The administrative law judge concluded that regardless of when the relationship between the two law enforcement officers ended, Saechao's continuing calls to the female deputy in 2007 created a hostile work environment.

Saechao, with the Sheriff's Department since 1991, was promoted to sergeant in 2000, then demoted to deputy in 2007 for insubordination and violation of department policies.

He seeks back pay, with interest, as well as reinstatement to sergeant.

Saechao has said he expected to be disciplined for contacting the female officer but believes he should have been suspended rather than demoted.

The legal filing in Yuba County Superior Court includes Saechao's statement that claims were made at the administrative law hearing that he had altered videotape as well as the date showing it was recorded in February 2006.

The expert tape analysis concludes the Feb. 14, 2006, date is accurate and the tape has not been altered, attorney Brock said.

Contact Appeal reporter Ryan McCarthy at 749-4707 or rmccarthy@appealdemocrat.com