Alturas police chief’s refusal to produce text messages leads to search warrant
Correction: In our original post we misidentified Modoc County District Attorney Nina Salarno. LassenNews.com regrets the error.
Alturas Police Chief Marc Muller’s refusal to surrender information requested by Modoc County District Attorney Investigator Ed Obayashi in February 2025 regarding a domestic violence incident involving his ex-wife led to the issuance of a search warrant for the chief’s cell phones and the Alturas Police Station.
The Alturas City Council terminated Muller’s employment as police chief Nov. 17.
Modoc County District Attorney Nina Salarno declined to comment for this story.
According to the affidavit by Obayashi used to obtain the warrant, Muller’s failure to provide the information to the MCDAO “violated both the law and his oath to uphold the criminal justice system,” and it “constitutes a dereliction of duty,” as well as an “obstruction of justice.”
“Significantly and disturbingly, (Obayashi) believes that APD’s integrity in the criminal investigation of the case at bar has been irreversibly compromised as (Obayashi’s) investigation demonstrates that there is a reasonable inference that Muller, is purposely, without any justification, withholding mandatory disclosable evidence related to the case.”
According to Obayashi, Muller became a “percipient witness” in the case when he spoke with his ex-wife the night of the incident after she had allegedly been beaten and strangled by co-habitant Cody Cockrell.
On Feb. 10, 2025, Modoc County District Attorney Nina Salarno told Obayashi that Cockrell’s defense attorney Tom Gifford had submitted a discovery request for “any and all law enforcement communications regarding the incident.
Modoc County Assistant District Attorney Courtney Hagge advised the Alturas Police Department about the discovery request in order to preserve any evidence subject to the request.
According to the affidavit, on or about Feb. 5 after Hagge informed the APD about the request, Muller called her about the request and advised her he had spoken to the victim, his ex-wife, about the incident the same day she had allegedly been beaten and strangled by Cockrell.
Hagge told Muller as the prosecutor in the case, she could not be a witness to his conversation with the victim and another investigator would contact him.
On Feb, 11, 2025, Muller told Obayashi his ex-wife had called him from the Modoc Medical Center after the incident. Muller said the conversation lasted about one minute, and they subsequently exchanged text messages “relevant to the incident.”
While Muller said he did not recall the content of the text messages specifically, he told Obayashi his ex-wife’s texts “complained about APD officers trying to convince her that Cockrell was responsible for her injuries when he was not capable and that she was responsible for her injuries.”
Muller’s ex-wife also complained about alleged conduct of the officers during a preliminary hearing.
Muller said he “did not disclose the call or text messages to anyone because he did not want to ‘get involved.’”
Obayashi told Muller, “You are involved,” and “reminded him of his peace officer’s lawful obligations regarding the production of potential inculpatory and/or exculpatory evidence. Muller acknowledged this and appeared resigned to this fact as he then buried his face in his hands.”
Obayashi asked Muller “to review his phone records and provide the texts to the MCDA as soon as possible.”
During that interview, according to the affidavit, Muller claimed he did not ask his ex-wife how she was injured but he “suspected Cockrell had inflicted the injuries based upon his personal knowledge of Cockrell and his past history” with the victim.
Muller said the victim called him because she is the mother of his children, and they stay in touch. The chief said they had exchanged text messages “relevant to the incident” after the phone call, but he had not disclosed that information to anyone.
Obayashi asked Muller to review his phone records and provide the text messages to the MCDA’s Office “as soon as possible.”
Nine days later, on Feb. 20, Obayashi contacted Muller again. The police chief told the investigator he’d been too busy and would advise the investigator the next day.
On Feb. 26, Muller had not provided the request information to the MCDA’s Office and Modoc County Judge Wendy J. Dier issued the search warrant.
According to the affidavit, Obayashi “recognized the obvious reluctance to provide this information and that he, by his own admission, is concealing relevant evidence related to the case. It is telling that Muller should have and could have easily produced the evidence in 1-2 minutes by simply copying and sending these text messages threads to (Obayashi) from his phone.”
Obayashi noted “of further serious law enforcement concern, Muller had ignored repeated requests for this evidence,” and “the delay and failure to produce, by themselves, constitute obstruction of justice. Muller, as a police officer and especially as police chief knows that the production of such evidence is absolutely required by both Brady law and the APD policy. Such potentially inculpatory and/or exculpatory evidence should have ben immediately provided to the MCDAO. Muller, by his own admission, has failed to account and properly preserve such evidence.”
Obayashi acknowledged “a myriad of reasons” why law enforcement witnesses are “highly reluctant” when they are personally involved with the subjects of such incidents and how “various personally and professionally embarrassing facts result in humiliation, damage to reputations and careers,” but “the reluctance is further amplified when a potential witness is a public figure and a peace officer such as Muller … Another significant reason for such reluctance is the desire to protect the involved subjects from the same public and criminal repercussions.”
“It is highly improbable that Muller as the (victim’s) former spouse and as the chief of the agency investigating the crime at hand, would not have asked (the victim) about the details of the incident, especially the cause of her injuries of which he informed (Obayashi) that he suspected Cockrell of inflicting the injuries. Such irresponsibility constitutes a dereliction of duty. Regardless, Muller by his own admission (to Obayashi) has violated both the law and his oath to uphold the criminal justice system.”
Search warrant details
According to the affidavit, the places to be searched included 1) Any and all containers in the possession of Marc Muller where a cell phone could be found; 2) Marc Muller’s personal and work related vehicles over which he has lawful possession and control, including all areas where a cell phone could be found; and 3) Alturas Police Department main offices at 200 W North St, including all areas where a cell phone could be found; and 4) Muller’s residence and property, including all areas where a cell phone could be found.
The device(s) to be searched and seized included Any and all cell phones belonging to or in the lawful possession and/or control of Marc Muller: All areas of the above devices, including text messages, phone calls, 3rd party applications data, email inbox and sent folders, voicemail, map data, historical location data, and contact folders.
The communication(s) to be searched for and seized included any communications between Muller and his ex-wife — an alleged domestic violence victim — including written, photographic, video and audio communications regarding or related to the incident (APD case No. C-24-446) occurring on Oct. 17, 2025 to present date.
APD police officer Frankie Widby had earlier obtained a search warrant for the victim’s and Cockrell’s cell phone records that Obayashi believed contained probable cause that “Cockrell had feloniously dissuaded (the victim) from testifying against him” and that at the preliminary hearing in which she claimed she may have committed felonious battery against Cockrell by headbutting him and that the “APD had ‘manipulated’ her into falsely testifying against Cockrell.”
“Therefore, based on (Obayashi’s) investigation and the probable cause developed by officer Widby … (Obayashi) believes Muller’s cell phone(s) contain evidence that either 1) Cockrell did and continues to obstruct justice by dissuading (the victim) from testifying against him … and/or 2) by her own statements to Muller that she also would also be considered a felony domestic violence suspect for battery against Cockrell.”
Based upon the investigations by both Obayashi and Widby, “there also exists a reasonable probability that both the victim and Cockrell agreed to have the victim offer false testimony, thus committing a conspiracy” per California law.
As an agreement to offer false testimony meets the elements of a conspiracy crime, Obayashi believes a reasonable probability exists that a conspiracy has been committed. The investigator’s opinion is based on his expertise regarding recognition of domestic violence victims’ recantation characteristics and victim “self-blame” syndrome. The relevant circumstances discovered in this investigation strongly demonstrate the existence of both.
Obayashi believes that the evidence, regardless of who is telling the truth, tends to show a felony has been committed, or tends to show that a particular person has committed a felony.
Importantly for the purposes of justice, Obayashi’s efforts to discover the requested evidence will fulfill MCDAO’s legal responsibilities for disclosure of relevant evidence to Gifford, the defense attorney.
From the Alturas Police Department’s website
Chief’s Message
The Alturas Police Department has a philosophy of continuous improvement. Management and leadership practices have been implemented to improve employee performance and accountability, improve responsiveness to community needs, and improve the quality of life for all residents through innovative policing practices and partnerships. We live in a rapidly changing world, and the Alturas Police Department understands that by embracing and implementing these management philosophies and modern technology systems and investing in employee development, we can provide effective and efficient public safety services to our community.
Members of the Alturas Police Department understand that only through strong community support and participation can we reduce crime and improve safety and security for residents and visitors. It is my privilege to serve as your Chief of Police and I welcome your questions, ideas or concerns to ensure we are providing the best public safety service possible.
Click here to read LassenNews.com’s Nov. 25 story, “Alturas terminates police chief, alleged ‘dishonest’ conduct could impact Modoc County criminal cases.”
Click here to read LassenNews.com’s Nov. 26 story, “Modoc County DA ‘disapproves’ of LassenNews.com’s reportage: LassenNews responds.”
