OAKLAND -- Police investigators have determined that Mayor Jean Quan was not using her cellphone at the time of a car crash last month.

Investigators also said they were unable to determine whether Quan or the other motorist had run a red light that led to the collision, according to the report released Friday afternoon.

The June 8 crash at the intersection of 26th and Market streets had generated a lot of attention because it came less than a week after television reports showed Quan using her cellphone while driving.

Although several people told reporters that they saw the accident, the police report referenced only one witness. The witness told officers that Quan had the green light, but refused to sign a written statement because "she was in fear of retaliation," according to the report.

Oakland mayor Jean Quan addresses the media June 9, 2014, about her car accident the previous day at 26th and Market streets outside City Hall in Oakland.
Oakland mayor Jean Quan addresses the media June 9, 2014, about her car accident the previous day at 26th and Market streets outside City Hall in Oakland. (Laura A. Oda/Bay Area News Group)

Police spokesman Frank Bonafacio said in a prepared statement that police could not assign blame for the crash because of "conflicting accounts." He also said that the "use of a handheld communication device by either driver was ruled out."

Charles Kelly, who is representing the other motorist, Lakisha Lovely, said police failed to provide him a copy of the report Friday.

"I find it very outlandish that I can't get a copy of the police report, but Mayor Quan can," Kelly said. "The police are playing favorites here for the mayor."

Lovely remains unable to return to her nurse's assistant job because of a back injury suffered from the accident, he said.


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In her statement to police Lovely wrote that she and Quan "exchanged information" after the crash and that Quan was on her phone at the time of the accident.

Phone records of Quan's city-issued phone show she made calls at 5:16 p.m. and then again at 5:31 p.m., 5:36 p.m. and 5:37 p.m. Records also show she accessed the Internet at 5:22 p.m.

The time of the accident is unclear from the police report. Lovely told police that it occurred at approximately 5:32 p.m. Lovely's stepson, who was in the car with her, wrote that it happened about 5:30 p.m., according to the police report.

In her statement to police, Quan wrote that it occurred at 5:25 p.m. She originally wrote that it took place at 5:30 p.m. and 5:45 p.m., but she crossed off those times, the report shows.

In a prepared statement released Friday, Quan again said that she was not on her phone and that she did not believe she ran the red light. The mayor and police investigators did not make themselves available for interviews Friday.

Contact Matthew Artz at 510-208-6435.