San Bernardino gang prosecutor who posted racist rants on social media still on paid leave

More than five months after his racist and xenophobic rants on social media triggered a national uproar, a lead San Bernardino County gang prosecutor remains on paid leave while an administrative investigation winds toward a conclusion.

Michael Selyem, who has worked for the District Attorney’s Office for 12 years, generated ire with civil rights groups in July for his spate of Facebook and Instagram attacks on Mexican immigrants, former first Lady Michelle Obama, U.S. Rep. Maxine Waters, and a still unidentified victim of a police shooting, which Selyem’s critics quickly charged as “hateful rhetoric.”

“Mr. Selyem is still employed by the District Attorney’s office and is currently on leave. The District Attorney’s office cannot comment further because this is a personnel matter,” office spokeswoman Kimberly Fuller said in an email.

Selyem continues to receive a base salary of $155,168 per year and benefits valued at $67,275 per year, county spokesman David Wert said.

Although the District Attorney’s Office had become aware of Selyem’s social media posts and launched an administrative investigation on June 25, it wasn’t until July 9 — three days after the Southern California News Group broke the story — that Selyem was suspended with pay. During a news conference that day, District Attorney Mike Ramos said his office “does not condone hate, discrimination or incitement of violence.”

“Our community and the entire criminal justice system depends on having a fair, ethical, and unbiased prosecutor,” Ramos said at the time.

The dates when Selyem posted his offensive social media rants, which he subsequently deleted, is still unclear. On Waters, he said, “Being a loud-mouthed (expletive) in the ghetto you would think someone would have shot this bitch by now …”

In an online argument with someone over the police shooting of a civilian, Selyem wrote, “That s—bag got exactly what he deserved. … You reap what you sow. And by the way go f— yourself you liberal s—bag.”

It was unclear which police shooting Selyem was referencing, and whether or not it was an open case in San Bernardino County or had occurred elsewhere.

Selyem also posted a doctored picture of Michelle Obama holding a sign saying, “Trump grabbed my penis.”

Another Selyem post included a Facebook meme of a smiling Mexican man wearing a sombrero with the words, “Mexican word of the day: Hide.”

The controversy drew the Rev. Jessie Jackson and other civil rights leaders to the city in protest. They demanded Selyem’s ouster and questioned how any criminal defendant, especially blacks and Latinos, could get a fair shake with Selyem as the prosecutor.

“We are certain that this disease in Deputy Selyem’s heart has impacted every prosecutorial decision he has made over the last 12 years,” said Francine Brookins, pastor of Beth-El A.M.E. Church in Fontana and friend of Rep. Maxine Waters, during a July 11 protest outside the San Bernardino County Government Center.

Lawyers at the San Bernardino County Public Defender’s Office reviewed more than 500 of their cases in which Selyem was assigned prosecutor, but found no conflicts, Public Defender G. Christopher Gardner said. However, Selyem was found to have engaged in some heated exchanges with prospective black jurors during a few trial proceedings. But those trials resulted in defendants either being acquitted or found guilty of lesser charges, Gardner said.

Only one deputy public defender, Sergio Salcedo, has taken issue with Selyem prosecuting the case of one of his clients. He subpoenaed Selyem’s employment records in September and questions why Selyem was allowed to continue working cases and negotiate a plea bargain with at least one defendant between June 25, the day the District Attorney’s Office launched its investigation, and July 9, when Selyem was suspended.

Gardner said in a telephone interview Wednesday that no other issues regarding Selyem have arisen at his office. He said he has maintained regular contact with Assistant District Attorney Michael Fermin on the case, but has just been told the “investigation is ongoing.”

“I know they’re taking it seriously. I know they’re doing their due diligence, but I’m not privy to any new information,” he said.

Selyem, 51, of Placentia, worked as a jail deputy for the Orange County Sheriff’s Department from 1994 to 2002, when he retired for undisclosed reasons. He moved on to law school, graduating from UCLA’s School of Law in 2004. He then went to work for the San Bernardino County District Attorney’s Office in 2006.

Those who have kept a watchful eye on developments in the case question why no action has been taken after six months.

A. Majadi, president of the San Bernardino Branch of the NAACP, believes District Attorney Mike Ramos, who declined to comment for this article, could have been more swift to take action and has been in “lame duck” status since his defeat in June to incoming District Attorney Jason Anderson.

“Of course we are disappointed, but not surprised, because it’s a personnel issue, and there are certainly laws and policies that have to be adhered to,” Majadi said in a telephone interview Wednesday. “But (Ramos) did not meet with us when we asked him to meet with us. He has not reached out. He has avoided the issue in total. I think it was done deliberately to spite the community that removed him” from office.

Wert stressed that some things are beyond Ramos’ control. The county’s human resources and employee relations divisions, along with county counsel, have been leading the charge in the investigation, he said.

“The county certainly understands the community’s frustration, but it would be far more frustrating for everyone if the county mishandled this in some way,” Wert said.

Given the unusual nature of the case, a longer investigation may have been appropriate, said Loyola Law professor Laurie Levenson.

“Hopefully, they are checking into who else in the office was posting such materials, what the reaction was, how defense lawyers are using it to attack their cases, etc.,” Levenson said. “I would expect that they would be finished by early in the new year. It is not the type of thing that should be dragged out forever.”