LONG BEACH POLICE OFFICERS ASSOCIATION v. CITY OF LONG BEACH (LOS ANGELES TIMES COMMUNICATIONS)Real Party in Interest and Respondent, Los Angeles Times Communications LLC, Request for Judicial NoticeCal.October 22, 2012SUPREME COURT FILED OCT 22 2012 IN THE SUPREME COURT OF THE STATE OF CALIFORNIA Frank A. McGuire Clerk Case No. S200872 LONG BEACH POLICE OFFICERS ASSOCIATION AND DOPeputy OFFICERS1-150, Plaintiffs and Appellants, VS. CITY OF LONG BEACH,a municipal corporation, LONG BEACH POLICE DEPARTMENT, JAMES MCDONNELL,ChiefofPolice, Defendants and Appellants. LOS ANGELES TIMES COMMUNICATIONSLLC, Real Party In Interest and Respondent. Court ofAppeal ofthe State of California Second Appellate District, Division Three Case No. B231245 Superior Court of the County of Los Angeles Hon.Patrick T. Madden, Judge Case No. NC055491 REAL PARTY IN INTEREST AND RESPONDENT LOS ANGELES TIMES COMMUNICATIONS LLC’S REQUEST FOR JUDICIAL NOTICE; MEMORANDUM OF POINTS AND AUTHORITES; [PROPOSED] ORDER KARLENE W. GOLLER KELLI L. SAGER (SB#120162) (SB#147065) ROCHELLE L. WILCOX (SB#197790) LOS ANGELES TIMES JEFF GLASSER (SB#252596) COMMUNICATIONS LLC DAVIS WRIGHT TREMAINE LLP 202 WestFirst Street 865 S. Figueroa Street, Suite 2400 Los Angeles, California 90012 Los Angeles, California 90017-2566 Tel: (213) 237-3760 Tel: (213) 633-6800 Fax: (213) 237-3810 Fax: (213) 633-6899 Attorneys for Real Party in Interest and Respondent LOS ANGELES TIMES COMMUNICATIONS LLC RECEIVED OCT 2 2 2012 Case No. 8200872 CLERK SUPREME COURT IN THE SUPREME COURT OF THE STATE OF CALIFORNIA LONG BEACH POLICE OFFICERS ASSOCIATION AND DOE OFFICERS1-150, Plaintiffs and Appellants, VS. CITY OF LONG BEACH,a municipal corporation, LONG BEACH POLICE DEPARTMENT, JAMES MCDONNELL,ChiefofPolice, Defendants and Appellants. LOS ANGELES TIMES COMMUNICATIONSLLC, Real Party In Interest and Respondent. Court ofAppeal of the State of California Second Appellate District, Division Three Case No. B231245 Superior Court of the County of Los Angeles Hon.Patrick T. Madden, Judge Case No. NC055491 REAL PARTY IN INTEREST AND RESPONDENT LOS ANGELES TIMES COMMUNICATIONS LLC’S ADDENDUM TO REQUEST FOR JUDICIAL NOTICE KARLENE W. GOLLER KELLI L. SAGER (SB#120162) (SB#147065) ROCHELLE L. WILCOX (SB#197790) LOS ANGELES TIMES JEFF GLASSER (SB#252596) COMMUNICATIONS LLC DAVIS WRIGHT TREMAINE LLP 202 West First Street 865 S. Figueroa Street, Suite 2400 Los Angeles, California 90012 Los Angeles, California 90017-2566 Tel: (213) 237-3760 Tel: (213) 633-6800 Fax: (213) 237-3810 Fax: (213) 633-6899 Attorneys for Real Party in Interest and Respondent LOS ANGELES TIMES COMMUNICATIONS LLC TO THE HONORABLETANI CANTIL-SAKAUYE, CHIEF JUSTICE OF THE STATE OF CALIFORNIA, AND TO THE HONORABLE ASSOCIATE JUSTICES OF THE CALIFORNIA SUPREME COURT: Real Party in Interest and Respondent LOS ANGELES TIMES COMMUNICATIONSLLC (“The Times”) respectfully submits this Addendum to the Request for Judicial Notice submitted to the Court on October 17, 2012, in conjunction with The Times’ Combined Answer To Four Amicus Briefs Submitted By Police Associations. Pursuant to California Rule of Court 8.252(a), The Timesstates as follows: 1. The matters about which The Timesis requesting the Court to take judicial notice were not presented to the trial court. The Amici Briefs filed in this Court in support of Appellants introduced a large amount ofnew informationin this case, including broad claimsregarding the alleged risk to peace officers if they are identified following an officer-involved shooting. The information submitted with The Times’ Request For Judicial Notice responds to the arguments and materials submitted by Amici, which had not been presented below. 2. The matters about which The Timesis requesting the Court to take judicial notice relate to proceedings occurring after the order or judgmentthat is the subject of the appeal, in two respects: DAVIS WRIGHT TREMAINE LLP 1 865 S. FIGUEROAST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 First, as set forth above, The Times’ Request For Judicial Notice addresses new arguments and accompanying mateirals submitted by Amici to this Court, which wasnot presented to the trial court. Second, many ofthe documents submitted in The Times’ Request For Judicial Notice post-date the order on appealin this matter, and therefore could not have been submittedin thetrial court. The Times respectfully requests that the Court accept this Addendum in support of its Request for Judicial Notice, and that the Court grant the Request for Judicial Notice in its entirety. Dated: October 17, 2012 DWT20539225v1 0026175-000385 Respectfully submitted, DAVIS WRIGHT TREMAINE LLP KELLI L. SAGER ROCHELLE L. WILCOX JEFF GLASSER KARLENE W. GOLLER LOS ANGELES TIMES COMMUNICATIONS LLC By: Kechohle. zx. bAlewd AL Rochelle L. Wilcox Attorneys for Real Party in Interest and Respondent LOS ANGELES TIMES COMMUNICATIONS LLC DAVIS WRIGHT TREMAINE LLP 865 §. FIGUEROAST,SUITE 2400 2 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Proof of Service I, Ellen Duncan, declare under penalty of perjury under the laws of the State of California that the following is true and correct: I am employed in the City and County of Los Angeles, State of California, in the office of a memberofthe bar of this court, at whose direction the service was made. I am over the age of eighteen (18) years, and not a party to or interested in the within-entitled action. I am an employee of DAVIS WRIGHT TREMAINE LLP,and my business address is 865 South Figueroa Street, Suite 2400, Los Angeles, CA 90017-2566. I caused to be served the following document: REAL PARTYIN INTEREST AND RESPONDENT LOS ANGELES TIMES COMMUNICATIONS LLC’S ADDENDUM TO REQUEST FOR JUDICIAL NOTICE I caused the above documentto be served on each person onthe attachedlist by the following means: I enclosed a true and correct copy of said documentin an envelope andplacedit for collection and mailing with the United States Post Office on October 19, 2012, following the ordinary business practice. (Indicated on the attached address list by an [M] next to the address.) I enclosed a true and correct copy of said document in an envelope, and placedit for collection and mailing via Federal Express on October 19, 2012 for guaranteed delivery on October 22, 2012, following the ordinary business practice. (Indicated on the attached addresslist by an [FD] next to the address.) I declare under penalty of perjury under the laws of the United States ofAmerica that the foregoing is true and correct and that I am employedin the office of a memberof the bar of this Court at whose direction the service was made. I am readily familiar with my firm’s practice for collection and processing of correspondence for delivery in the mannerindicated above, to wit, that correspondence will be deposited for collection in the above-described manner this same day in the ordinary course of business. Executed on October 19, 2012, at Los Angeles, California. MhLema Ellen Duncan Supreme Court Case No. 8200872 Court of Appeal Case No. B231245 PROOF OF SERVICE [Mj [My] [FD] [FD] [M] [M] [M] [M] James E. Trott, Esq. Larry Roberts, Esq. LAW OFFICES OF JAMESE. TROTT 19665 Surfbreaker Lane Huntington Beach, CA 92648 Tel: (714) 596-8995; Fax: (714) 596-8998 Robert E. Shannon, Esq. Christina Checel, Esq. City Attorney CITY OF LONG BEACH 333 West Ocean Boulevard - 11th Floor Long Beach, CA 90802-4664 Tel: (562) 570-2200; Fax: (562) 436-1579 Honorable Patrick T. Madden c/o Clerk of the Court Los Angeles County Superior Court, Dept. B Long Beach Courthouse 415 West Ocean Blvd. Long Beach, CA 90802 Court of Appeal, State of California Second Appellate District, Division 2 300 South Spring Street Second Floor, North Tower Los Angeles, CA 90013 Holliday Larry James Christina Louise Corl CRABBE BROWN AND JAMES LLP 500 S. Front Street, Suite 1200 Columbus, OH 43215 David Cory Goldwasser Law Offices of Charles Goldwasser APC 5858 Wilshire Boulevard, Suite 205 Los Angeles, CA 90036 Charles B. Walker BOBBITT PINCKARD AND FIELDS APC 8388 Vickers Street San Diego, CA 92111 David Arthur Urban LIEBERT CASSIDY WHITMORE 6033 W. Century Boulevard, Suite 500 Los Angeles, CA 90045 Supreme Court Case No. 8200872 Court of Appeal Case No. B231245 PROOF OF SERVICE Attorneys for Plaintiffs and Appellants Long Beach Police Officers Association Attorneys for Defendants and Appellants City of Long Beach, Long Beach Police Department and James McDonnell Trial Court Amicuscuriae: National Fraternal Order of Police Amicus curiae: Association of Orange County Deputy Sheriffs; Santa Ana Police Officers Association; Santa Barbara Police Officers Association Amicuscuriae: Police Officers Research Organization of California Amicus curiae: Los Angeles County Police Chiefs’ Association [M] James E. Grossberg LEVINE SULLIVAN KOCH AND SCHULZ 1041 Skyline Drive Laguna Beach, CA 92651 James W, Ewert CALIFORNIA NEWSPAPER PUBLISHERS ASSOCIATION 2000 O Street, Suite 120 Sacramento, CA 95811 Karole Rene Morgan-Prager MCCLATCHY COMPANY 2100 Q Street Sacramento, CA 95816 Amanda Marie Leith NBCUNIVERSAL MEDIA, LLC 30 Rockefeller Plaza New York, NY 10112 [Mj] Michael P. Stone Attorney at Law 200 E. Del Mar Boulevard, Suite 350 Pasadena, CA 91105 [M] Peter Bibring ACLU OF SOUTHERN CALIFORNIA 1313 West 8th Street Los Angeles, CA 90017 John David Blair-Loy ACLU FOUNDATION OF SAN DIEGO & IMPERIAL COUNTIES,INC. P.O. Box 87131 San Diego, CA 92138 Michael Temple Risher ACLU FOUNDATION OF NORTHERN CALIFORNIA 39 Drumm Street, 2nd Floor San Francisco, CA 94111 Supreme Court Case No. 8200872 Court of Appeal Case No. B231245 PROOF OF SERVICE DWT20515464v1 0026175-000385 Amicus curiae: Californians Aware; California Broadcasters Association; California Newspaper Publishers Association; Dow Jones and Company, Inc.; E.W. Scripps Company; First Amendment Coalition; Hearst Corporation; McClatchy Company; National Press Photographers Association; National Public Radio, Inc.; NBCUniversal Media LLC; Newspaper Association of America; Reporters Committee for Freedom of the Press Amicus curiae: Los Angeles Police Protective League; Riverside Sheriffs' Association, Legal Defense Trust Amicuscuriae: California Affiliates of the American Civil Liberties Union Case No. S8200872 IN THE SUPREME COURT OF THE STATE OF CALIFORNIA LONG BEACH POLICE OFFICERS ASSOCIATION AND DOE OFFICERS1-150, Plaintiffs and Appellants, Vs. CITY OF LONG BEACH,a municipal corporation, LONG BEACH POLICE DEPARTMENT, JAMES MCDONNELL,ChiefofPolice, Defendants and Appellants. LOS ANGELES TIMES COMMUNICATIONSLLC, Real Party In Interest and Respondent. Court of Appeal of the State of California Second Appellate District, Division Three Case No. B231245 Superior Court of the County of Los Angeles Hon. Patrick T. Madden, Judge Case No. NC055491 REAL PARTYIN INTEREST AND RESPONDENT LOS ANGELES TIMES COMMUNICATIONS LLC’S REQUEST FOR JUDICIAL NOTICE; MEMORANDUM OF POINTS AND AUTHORITES; [PROPOSED] ORDER KARLENE W. GOLLER KELLI L. SAGER (SB#120162) (SB#147065) ROCHELLEL. WILCOX (SB#197790) LOS ANGELES TIMES JEFF GLASSER (SB#252596) COMMUNICATIONS LLC DAVIS WRIGHT TREMAINE LLP 202 West First Street 865 S. Figueroa Street, Suite 2400 Los Angeles, California 90012 Los Angeles, California 90017-2566 Tel: (213) 237-3760 Tel: (213) 633-6800 Fax: (213) 237-3810 Fax: (213) 633-6899 Attorneys for Real Party in Interest and Respondent LOS ANGELES TIMES COMMUNICATIONS LLC REQUEST FOR JUDICIAL NOTICE Pursuant to California Evidence Code §§ 452, 459 and California Rule of Court 8.252(a), Real Party in Interest and Respondent Los Angeles Times Communications LLC (“The Times”) hereby requests that this Court take judicial notice of the following newsarticles, press releases and similar documents: 1. The following Los Angeles Police Department NewsReleases, true and correct copies ofwhich collectively are attached as Exhibit A: a. Officer-Involved Shooting in 77th Division (Sept. 17, 2012) (updated Sept. 20, 2012), available at http://www.lapdonline.org/newsroom; b. Officer-Involved Shooting in West Valley (July 22, 2012), available at http://www.lapdonline.org/newsroom; c. Officer-Involved Shooting With No Hits in West Los Angeles (June 13, 2012) (updated June 29, 2012), available at http://www.lapdonline.org/newsroom; d. Heavily Armed Suspect Points Gun at Police Officer Involved Shooting Occurred (June 6, 2012), available at http://www.lapdonline.org/newsroom; DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROAST,SUITE 2400 l LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 2. The following Redding Police Department Press Releases, true and correct copies ofwhich collectively are attached as Exhibit B: a. July 3, 2012, available at http://reddingpolice.org/PressReleases/Press ReleaseIndex.html; b. Nov. 3, 2011, available at http://reddingpolice.org/PressReleases/Press ReleaseIndex.html; c. Nov. 3, 2011, available at http://reddingpolice.org/PressReleases/Press ReleaseIndex.html; d. March 9, 2011, available at http://reddingpolice.org/PressReleases/PressReleaseIndex. html; 3. The following News Releases from the Los Angeles Sheriff's Department, true and correct copies ofwhich collectively are attached as Exhibit C: a. Sheriff Lee Baca to Preside at Annual Valor Awards Ceremony (Sept. 18, 2012), available at http://localnixle.com/alert/4888277; DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROAST,SUITE 2400 2 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 b. Sheriff Lee Baca Officiates at Graduation Ceremony of Peace Officer Academy Class (Aug. 31, 2012), available at http://local. nixle.com/alert/48799 14/; c. Meritorious Conduct Medal (2008), available at http://www.lasdhq.org/sites/YIR/ 2008/visuals/3447.pdf ; 4. Press Release, Inglewood Police Department(Sept. 5, 2008), available at http://www.inglewoodpd.org/Press_Releases.aspx, a true and correct copy of whichis attached to the Wilcox Decl. as Exhibit D. 5. Officer Involved Shooting Incidents, Oakland Police Department, available at | http://www2.oaklandnet.com/Government/o/OPD/a/PublicReport s/OIS/index.htm (last visited Oct. 16, 2012), a true and correct copy of whichis attached to the Wilcox Decl. as Exhibit E. 6. The followingarticles, true and correct copies of which are collectively attached as Exhibit F: a. Robert Faturechi, Drivers Have No Beef With Him, L.A. TIMES,Sept. 10, 2012, at Al; b. Robert Faturechi, Official Possibly Hindered Probe of Jails, L.A. TIMES, Aug. 5, 2012, at A29; DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROAST, SUITE 2400 . 3 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 . Jack Leonard & Robert Faturechi, Sheriff's Department Used Jail Duty to Punish Deputies, L.A. TIMES, Nov.12, 2011, at Al; . Robert Faturechi, Tattoo Testifies to a Murderer’s Crime, L.A. TIMES, April 22, 2011, at Al; . Jack Leonard & Victoria Kim, A Times Investigation: Inglewood Has a History ofDeadly Force by Police, L.A. TIMES,Dec. 28, 2008, at Al; Matt Lait, Convicted Cop Hired as Police Chief, L.A. TIMES, Feb. 2, 2008, at B1; . Jack Leonard & Ari B. Bloomekatz, Inglewood Officers Identified; Eight Are Namedin the Fatal Shooting ofa Homeless Man, L.A. TIMES, Sept. 6, 2008, at B3; . Matt Lait, An Honor Overdue, L.A. TIMES, Mar. 8, 2007, at B1; Matt Lait, Supervisors, Sheriff Baca urge reopening disciplinary hearings, L.A. TIMES,Feb. 8, 2007, at B4; Matt Lait & Steve Hymon, Ruling in Teen’s Killing Spurs Outcry, L.A. TIMES, Jan. 11, 2007, at B1; . Scott Glover & Matt Lait, Officer Who Killed Boy, 13, is Cleared, L.A. TIMES, Jan. 10, 2007, at Al; DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROAST,SUITE 2400 4 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Scott Glover & Matt Lait, Accidental Gunshots Vex LAPD,L.A. TIMES, Aug. 17, 2006, at B1; . Scott Glover & Matt Lait, Shooting Accounts at Odds in Report, L.A. TIMES, March 15, 2006, at B1; . Scott Glover & Matt Lait & Doug Smith, Shooting of Dogs by Police Not Unusual, L.A. TIMES, March 12, 2005, at B1; . Matt Lait, Panel Finds °04 Shooting Broke Rules, L.A. TIMES, Feb. 11, 2005, at B1; . Scott Glover & Matt Lait, Councilman Seeks Probe of Reports on Officer Shootings, L.A. TIMES, Oct. 27, 2004, at B4; . Scott Glover, Matt Lait & Doug Smith, Frequent Fire, L.A. TIMES, Oct. 18, 2004, at Al; Scott Glover & Matt Lait, Investigating Their Own,L.A. TIMES, Oct. 17, 2004, at Al; Scott Glover & Matt Lait, A Second Lookat an ‘Ambush’, L.A. TIMES, Oct. 17, 2004, at A26; Scott Glover & Matt Lait, Bratton Critical of Firing at Cars, L.A. TIMES, Feb. 29, 2004, at Al; . Scott Glover & Matt Lait, LAPD Probe Fades Into Oblivion, L.A. TIMES, Aug. 11, 2003, at Part 1-1; DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST, SUITE 2400 5 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: {213} 633-6899 v. Scott Glover & Matt Lait, LAPD Prevails Over Civilian Overseers, L.A. TIMES, June 22, 2003, at Part 1-1; w. Scott Glover & Matt Lait, Inglewood Police Accused of Abuse in Other Cases, L.A. TIMES, July 15, 2002, at Al; x. Scott Glover & Matt Lait, LAPD Officer Had 5 Felony Arrests, L.A. TIMES, Jan. 22, 2002, at Part 2-1; y. Scott Glover & Matt Lait, Police Panel Wasn’t Given Full Facts in Gunfire Case, L.A. TIMES, Aug. 7, 2001, at Al; z. Scott Glover & Matt Lait, Year Brings Little Progress in 2 LAPD Shooting Probes, L.A. TIMES, March 24, 2001 at Al; aa. Scott Glover & Matt Lait, Police Cases Sent to D.A. Drop Sharply, L.A. TIMES, Oct. 23, 2000, at Al; bb. Scott Glover & Matt Lait, LAPD Misconduct Cases Rarely Resulted in Charges, L.A. TIMES, Oct. 22, 2000, at Al; cc. Matt Lait, Mayor, Police Chief Back Bill to Open Records, L.A. TIMES, Mar. 28, 2007 at B4; 7. PBS Frontline, Rampart Scandal, Cover Up?, available at http://www.pbs.org/webh/pages/frontline/shows/lapd/scandal/co verup.html, a true and correct copy of whichis attached to the Wilcox Decl. as Exhibit G. DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROAST,SUITE 2400 6 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 8. Demian Bulwa, Net Sharpens Divide Over Cop Shootings, S.F. CHRON., Oct. 14, 2012, a true and correct copy of whichis attached to the Wilcox Decl. as Exhibit H. 9. Excerpts from Proby,et al., “Training the 21st Century Police Officer; Redefining Police Professionalism for the Los Angeles Police Department” (Rand Publ’g 2003), at 100, available at http://www.rand.org/content/dam/rand/pubs/monograph_reports/ MR1745/MR1745.ch4.pdf, a true and correct copy ofwhich is attached to the Wilcox Decl. as Exhibit I. 10. LAPD Online, Community Policing Opportunities, available at http://www.lapdonline.org/support_lapd/content_basic_view /731, a true and correct copy of which is attached to the Wilcox Decl. as Exhibit J. 11. Portions of the Dec. 9, 2011 filing in Longmire v. City of Oakland, Case No. C 10-01465 JSW,in the United States District Court in the Northern District of California, available at http://www.chaunceybaileyproject.org/pdf/ LongmireReport.pdf, a true and correct copy of whichis attached to the Wilcox Decl. as Exhibit K. 12. Notice of Ruling, Pasadena Police Officers Ass’n v. City of Pasadena, No. BC410724 (Cal. Super. Ct. dismissed Sept. 28, DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROAST,SUITE 2400 7 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 2010), a true and correct copy of whichis attached to the Wilcox Decl. as Exhibit L. 13. Letter from Peter Siggins, Legal Affairs Secretary, Office of the Governorofthe State of California, to Peter Scheeret al. (Dec. 22, 2004), available at http://www.firstamendmentcoalition.org/ wp-content/uploads/2011/02/Gov_Calendar_Cover_Letter.pdf, a true and correct copy of which is attached to the Wilcox Decl. as Exhibit M. 14. Unclassified Transcript of Combatant Status Review Tribunal Hearing for ISN 10024 (2007), available at http://www.defense. gov/news/transcript_ISN10024.pdf, a true and correct copy of whichis attached to the Wilcox Decl. as Exhibit N. This Request for Judicial Notice is based upon this Request, the Memorandum of Points and Authorities, the attached Declaration of Rochelle L. Wilcox with Exhibits A through N,all documents on record Ml [I DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROAST, SUITE 2400 8 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 and filed in these proceedings, and on such argument as may be presented to the Court during the oral argumentin this matter. Dated: October 17, 2012 LOS ANGELES TIMES COMMUNICATIONS LLC KARLENE W. GOLLER DAVIS WRIGHT TREMAINE LLP KELLI L. SAGER ROCHELLE L. WILCOX JEFF GLASSER “€nn Wilcox Attorneys for Real Party in Interest and Respondent LOS ANGELES TIMES COMMUNICATIONS LLC DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROAST, SUITE 2400 9 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 MEMORANDUM OF POINTS AND AUTHORITIES 1. SUMMARY OF ARGUMENT The Timesrespectfully requests that this Court take judicial notice of the attached documents, consisting of a variety of press releases issued by police agencies throughout California, newspaperarticles reflecting reporting by The Times and other newsorganizations on issues relevant to the parties’ claims in this action, two judicial documents and one executive document. (Declaration of Rochelle L. Wilcox (“Wilcox Decl.”), Exhibits A-N.) Asset forth in The Times’ Answer to the Amicus Briefs submitted in this matter, Amici broadly claim that peace officers are put at risk if they are publicly identified as having shot or killed a citizen. These assertions are belied by police press releases demonstrating that many California law enforcement agencies — including the Los Angeles Police Department — routinely identify officers involved in shootings, without incident. Moreover, as evidenced by the articles submitted by The Times, the public is benefited in many ways whenpublic agencies release the identities of officers who shootcitizens. Among other things, news organizations can use that information to evaluate trends and potential problemsin police agencies. In addition, journalists like The Times are able to provide deeper analyses and more insightful coverage of police DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROAST, SUITE 2400 1 0 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 conduct when they can identify officers involved. These andotherinterests —as demonstrated by the attached exhibits — strongly support the trial court and Court of Appeal orders in this case. 2 THE COURT SHOULD JUDICIALLY NOTICE THE PRESS RELEASES AND OTHER EXECUTIVE DOCUMENTS. The Times respectfully requests that the Court judicially notice the attached Press Releases and similar documents issued by California police agencies (Exhs. A-E), a statement on the LAPD’s website regardingits Community Policing philosophy (Exh. J) and a letter from former Governor Arnold Schwarzeneggerstating his intent to begin releasing his daily calendars (Exh. M). Reviewing courts may take judicial notice “of any matter specified in Section 452.” Evid. Code § 459(a). Evidence Code § 452 in turn, authorizes this Court to take judicial notice of “[r]egulations and legislative enactments issued by or under the authority of ... any public entity in the United States” (id. § 452(b)) and “[o]fficial acts” of legislative, executive, or judicial departments of any state or local government”(id. § 452(c)). Under these provisions, courts consistently have taken judicial notice of official government publications — including press releases, manuals and correspondence. See, e.g., Thrifty Oil Co. v. Superior Court, 91 Cal. App. 4th 1070, 1076 n. 5 (2001) (taking judicial notice of a newsrelease distributed by sponsor of Senate bill); Mounger v. Gates, 193 Cal. App. 3d DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROAST,SUITE 2400 11 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 1248, 1257 (1987) (taking judicial notice under Section 452(b) of memorandum written by Los Angeles Police Department Chief concerning the adoption ofpolice procedures); Post v. Prati, 90 Cal. App. 3d 626, 633 (1979) (finding noerror in judicial notice taken under Section 452(c) of letters sent to Governor’s office from a legislative analyst, an agency and a legislator). Furthermore, Evidence Code § 452(h) authorizes the Court to take judicial notice of “[f]acts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” Cal. Evid. Code § 452(h). Materials published and available on the internet are subject to judicial notice underthis provision of the California Evidence Code. See, e.g., Gentry v. Ebay, Inc., 99 Cal. App. 4th 816, 821 n.1 (2002) (taking judicial notice of eBay website); Walt Rankin & Associates, Inc. v. City of Murrieta, 84 Cal. App. 4th 605, 624 n.12 (2000) (taking judicial notice of website)), and under the comparable federal evidentiary provision (see,e.g., Pollstar v. Gigmania Ltd., 170 F. Supp. 2d 974, 978 (E.D.Cal. 2000) (judicially noticing printout from plaintiff's website). This court may judicially notice the cited press releases and executive materials because they are official government documents published on official agency websites. The fact that the documents are publicly available ensures that they are “not reasonably subject to dispute DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST, SUITE 2400 12 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” Cal. Evid. Code § 452(h). Moreover,the fact that these documents are publicly available is highly relevantto the issues raised by the Amici briefs. The press releases demonstrate that law enforcement agencies aroundthestate routinely chooseto identify their officers by namein the wakeofan officer-involved shooting. Those agencies — which include departmentsas diverse as the LAPDandthe Redding PD — have considered the need for public oversight, as well as the roles of law enforcement agencies in their communities, and have chosen to provide this vital information to the people they serve. In addition, the decision by former Governor Schwarzeneggerto make his official calendars available to the public demonstrates that the safety concerns his predecessor had raised, which were accepted bythis Court in Times Mirror Co. v. Superior Court, 53 Cal. 3d 1325 (1991), proved to be unfounded. In that case, based in part on evidence submitted by former Governor Deukmejian’s Security Director, the Court held that release of the Governor’s daily calendars would pose an unacceptable security risk. Consequently, this Court held that the Governor’s daily calendars were exempt from disclosure under the California Public Records Act’s “catchall” exemption, Gov’t Code § 6255. Governor Schwarzenegger’s release of his calendars without incident demonstrates that the safety concerns raised by Governor Deukmejian, which were DAVIS WRIGHT TREMAINE LLP 865 §. FIGUEROAST,SUITE2400 13 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 significant to this Court’s decision in Times Mirror, proved to be unwarranted. 3. THIS COURT SHOULD JUDICIALLY NOTICE THE NEWS ARTICLES SUBMITTED BY THE TIMES. Under Evidence Code § 452(h), courts may take judicial notice of “[flacts ... that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” California law is clear that under this provision, courts may take judicial notice of newsarticles for the undisputed factthat the newspapers have published certain information (but not for the truth of the facts stated in them). Seelig v. Infinity Broadcasting Corp., 97 Cal. App. 4th 798, 807 n.5 (2002) (taking judicial notice of newspaperarticles to establish that topic generated public debate); McKelvey v. Boeing North American, Inc., 74 Cal. App. 4th 151, 162 (1999) (taking judicial notice of newspaperarticles to establish “widespread publicity” of incident); Hofmann Co.v. E.I. Du Pont de Nemours & Co., 202 Cal. App. 3d 390, 395 n.3 (1988) (judicially noticing newspaperarticle in which allegedly defamatory statements appeared). Accordingly, this Court may take judicial notice of the newspaper articles and similar publications attached as Exhibits F-H to establish that The Times and other newsorganizations routinely identify officers involved in shootings. The Court also can take judicial notice of these DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST, SUITE 2400 14 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 articles to help the Court understand the type of reporting that is possible when journalists are able to investigate using the namesof specific officers involved in newsworthy incidents. These articles demonstrate that releasing officer names helps newsorganizations like The Times keep the public informed regarding the conduct of the police departmentthat serves it. In addition, the articles demonstrate that disclosing the identities of officers involved in incidents such as shootings enables The Timesto investigate and identify patterns and possible problemsin police agencies, furthering its public oversight function. In addition, the Court should take judicial notice of the attached excerpts from a book published by the Rand Corporation (Exh. I), which discusses the importance oftransparency in police agencies. This book highlights the importanceto police agencies of being able to disclose the identities of officers who shootcitizens, in order to maintain a relationship of trust between the agency andthe public it serves. 4 THE COURT SHOULD JUDICIALLY NOTICE THE ATTACHED COURT RECORDS. Section 45 1(a) requires the Court to take judicial notice of “[t]he decisional ... law of this state[.]” Under this authority, this Court should take judicial notice of the September 28, 2010 Notice of Ruling in Pasadena Police Officers Ass’n v. City of Pasadena, Los Angeles Superior Court Case No. BC410724, dismissing that lawsuit as moot. See Cuccia v. DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROAST,SUITE 2400 15 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Superior Court, 153 Cal. App. 4th 347, 350 n.2 (2007) (taking judicial notice of unpublished opinion). This ruling is relevant becauseit demonstrates that, despite union-led efforts to hide officers whofire their weapons,they often are publicly namedin the course ofcivil rights lawsuits filed after the shooting. California Evidence Code § 452(d) authorizes a court to take judicial notice of “[r]ecords of (1) any court of this state or (2) any court of record of the United States or of any state of the United States.” Under Section 452(d), courts regularly take judicial notice ofjudicial records. People v. Maxwell, 78 Cal. App. 3d 124, 130 (1978). A court may take judicial notice of the existence of each documentin a court file, including a transcript of a proceeding. Biggs v. Terhune, 334 F.3d 910, 915 n.3 (taking judicial notice under comparable federal rule of a transcript of a hearing before the Board of Prison Terms), overruled on other grounds, Hayward v. Marshall, 603 F.3d 546, 555 (9th Cir. 2010). Underthis authority, the Court should take judicial notice of the Unclassified Verbatim Transcript of Combatant Status Review Tribunal Hearing for ISN 10024, the proceeding held to determine the status of Khalid Sheikh Muhammed (Exh. N). Thetranscript contains his confession to the murder of Daniel Pearl, a Wall Street Journal journalist abducted while reporting in Pakistan in the wake of the 9/11 attacks. In addition, the Court should take judicial notice of an Internal Affairs report discussing the DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROAST, SUITE 2400 16 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 murder of Chauncey Bailey (Exh. K). Mr. Bailey was the Editor of the Oakland Post, who was murderedas a result of his reporting. These documents are relevant to this matter because they demonstrate that many professionals, including journalists like those pressing for transparency here, perform their jobs in full view of the public, even at the risk of grave danger. 5. CONCLUSION For the reasons set forth above, The Times respectfully asks this Court to take judicial notice of these press releases, newsarticles, judicial documents and executive correspondence. Dated: October 17, 2012 LOS ANGELES TIMES COMMUNICATIONS LLC KARLENE W. GOLLER DAVIS WRIGHT TREMAINE LLP KELLIL. SAGER ROCHELLE L. WILCOX ( Rochell L. Wilcox Attorneys for Real Party in Interest and Respondent LOS ANGELES TIMES COMMUNICATIONS LLC DWT20523352v3 0085000-0023 14 DAVIS WRIGHT TREMAINELLP 865 S. FIGUEROAST, SUITE 2400 17 LOS ANGELES, CALIFORNIA 90017-2566 {213) 633-6800 Fax: (213) 633-6899 [PROPOSED] ORDER This Court, having considered the Request of Real Party in Interest Los Angeles Times Communications LLC to take judicial notice of certain newsarticles, press releases, judicial documents and executive correspondence, and good cause having been showntherefore, IT IS ORDEREDthat the Court hereby takes judicial notice of: 1. The following Los Angeles Police Department News Releases, true and correct copies of which collectively are attached as Exhibit A: a. Officer-Involved Shooting in 77th Division (Sept. 17, 2012) (updated Sept. 20, 2012), available at http://www.lapdonline.org/newsroom; b. Officer-Involved Shooting in West Valley (July 22, 2012), available at http://wwwlapdonline.org/newsroom; c. Officer-Involved Shooting With No Hits in West Los Angeles (June 13, 2012) (updated June 29, 2012), available at http://www.lapdonline.org/newsroom; d. Heavily Armed Suspect Points Gunat Police Officer Involved Shooting Occurred (June 6, 2012), available at http://www.lapdonline.org/newsroom; DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROAST, SUITE 2400 1 8 LOS ANGELES, CALIFORNIA 90017-2566 {213) 633-6800 Fax: (213) 633-6899 2. The following Redding Police Department Press Releases, true and correct copies of which collectively are attached as Exhibit B: a. July 3, 2012, available at http://reddingpolice.org/PressReleases/Press ReleaseIndex.html; b. Nov. 3, 2011, available at http://reddingpolice.org/PressReleases/Press ReleaseIndex.html; c. Nov. 3, 2011, available at http://reddingpolice.org/PressReleases/Press ReleaseIndex.html; d. March 9, 2011, available at http://reddingpolice.org/PressReleases/PressReleaseIndex. html, 3. The following NewsReleases from the Los Angeles Sheriff's Department, true and correct copies of which collectively are attached as Exhibit C: a. SheriffLee Baca to Preside at Annual Valor Awards Ceremony (Sept. 18, 2012), available at http://local.nixle.com/alert/4888277; DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROAST, SUITE 2400 19 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 b. Sheriff Lee Baca Officiates at Graduation Ceremony of Peace Officer Academy Class (Aug. 31, 2012), available at http://local. nixle.com/alert/4879914/; c. Meritorious Conduct Medal (2008), available at http://www.lasdhq.org/sites/YIR/ 2008/visuals/3447.pdf; 4. Press Release, Inglewood Police Department (Sept. 5, 2008), available at http://www.inglewoodpd.org/Press_Releases.aspx, a true and correct copy of whichis attached to the Wilcox Decl. as Exhibit D. 5. Officer Involved Shooting Incidents, Oakland Police Department, available at | http://www2.oaklandnet.com/Government/o/OPD/a/PublicReport s/OIS/index.htm (last visited Oct. 16, 2012), a true and correct copy of whichis attached to the Wilcox Decl. as Exhibit E. 6. The followingarticles, true and correct copies ofwhich are collectively attached as ExhibitF: a. Robert Faturechi, Drivers Have No BeefWith Him, L.A. TIMES,Sept. 10, 2012, at Al; b. Robert Faturechi, Official Possibly Hindered Probe of Jails, L.A. TIMES, Aug. 5, 2012, at A29; DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROAST,SUITE 2400 20 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 . Jack Leonard & Robert Faturechi, Sheriff's Department Used Jail Duty to Punish Deputies, L.A. TIMES, Nov.12, 2011, at Al; . Robert Faturechi, Tattoo Testifies to a Murderer’s Crime, L.A. TIMES, April 22, 2011, at Al; . Jack Leonard & Victoria Kim, A Times Investigation: Inglewood Has a History of Deadly Force by Police, L.A. TIMES, Dec. 28, 2008, at Al; . Matt Lait, Convicted Cop Hired as Police Chief, L.A. TIMES,Feb. 2, 2008, at B1; . Jack Leonard & Ari B. Bloomekatz, Inglewood Officers Identified; Eight Are Named in the Fatal Shooting ofa Homeless Man, L.A. TIMES, Sept.6, 2008, at B3; . Matt Lait, An Honor Overdue, L.A. TIMES, Mar. 8, 2007, at Bl; Matt Lait, Supervisors, Sheriff Baca urge reopening disciplinary hearings, L.A. TIMES, Feb. 8, 2007, at B4; Matt Lait & Steve Hymon, Ruling in Teen’s Killing Spurs Outcry, L.A. TIMES, Jan. 11, 2007, at B1; . Scott Glover & Matt Lait, Officer Who Killed Boy, 13, is Cleared, L.A. TIMES, Jan. 10, 2007, at Al; DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROAST, SUITE 2400 i) ] LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Scott Glover & Matt Lait, Accidental Gunshots Vex LAPD,L.A. TIMES, Aug. 17, 2006, at B1; . Scott Glover & Matt Lait, Shooting Accounts at Odds in Report, L.A. TIMES, March 15, 2006, at B1; . Scott Glover & Matt Lait & Doug Smith, Shooting of Dogsby Police Not Unusual, L.A. TIMES, March 12, 2005, at B1; . Matt Lait, Panel Finds °04 Shooting Broke Rules, L.A. TIMES,Feb. 11, 2005, at B1; . Scott Glover & Matt Lait, Councilman Seeks Probe of Reports on Officer Shootings, L.A. TIMES, Oct. 27, 2004, at B4; . Scott Glover, Matt Lait & Doug Smith, Frequent Fire, L.A. TIMES, Oct. 18, 2004, at Al; Scott Glover & Matt Lait, Investigating Their Own, L.A. TIMES,Oct. 17, 2004, at Al; . Scott Glover & Matt Lait, A Second Look at an ‘Ambush’, L.A. TIMES, Oct. 17, 2004, at A26; Scott Glover & Matt Lait, Bratton Critical of Firing at Cars, L.A. TIMES, Feb. 29, 2004, at Al; . Scott Glover & Matt Lait, LAPD Probe Fades Into Oblivion, L.A. TIMES, Aug. 11, 2003, at Part 1-1; DAVIS WRIGHT TREMAINE LLP 865 S, FIGUEROAST,SUITE 2400 22 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 v. Scott Glover & Matt Lait, LAPD Prevails Over Civilian Overseers, L.A. TIMES, June 22, 2003, at Part 1-1; w. Scott Glover & Matt Lait, Inglewood Police Accused of Abuse in Other Cases, L.A. TIMES, July 15, 2002, at Al; x. Scott Glover & Matt Lait, LAPD Officer Had 5 Felony Arrests, L.A. TIMES, Jan, 22, 2002, at Part 2-1; y. Scott Glover & Matt Lait, Police Panel Wasn’t Given Full Facts in Gunfire Case, L.A. TIMES, Aug. 7, 2001, at Al; z. Scott Glover & Matt Lait, Year Brings Little Progress in 2 LAPD Shooting Probes, L.A. TIMES, March 24, 2001 at Al; aa. Scott Glover & Matt Lait, Police Cases Sent to D.A. Drop Sharply, L.A. TIMES, Oct. 23, 2000, at Al; bb. Scott Glover & Matt Lait, LAPD Misconduct Cases Rarely Resulted in Charges, L.A. TIMES, Oct. 22, 2000, at Al; cc. Matt Lait, Mayor, Police ChiefBack Bill to Open Records, L.A. TIMES, Mar. 28, 2007 at B4; 7. PBS Frontline, Rampart Scandal, Cover Up?, available at http://www.pbs.org/wgbh/pages/frontline/shows/lapd/scandal/co verup.html, a true and correct copy of whichis attached to the Wilcox Decl. as Exhibit G. DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROAST, SUITE 2400 23 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 8. Demian Bulwa, Net Sharpens Divide Over Cop Shootings, S.F. CHRON., Oct. 14, 2012, a true and correct copy ofwhich is attached to the Wilcox Decl. as Exhibit H. 9. Excerpts from Proby,et al., “Training the 21st Century Police Officer; Redefining Police Professionalism for the Los Angeles Police Department” (Rand Publ’g 2003), at 100, available at http:/Awww.rand.org/content/dam/rand/pubs/monograph_reports/ MR1745/MR1745.ch4.pdf, a true and correct copy of whichis attached to the Wilcox Decl. as ExhibitI. 10. LAPD Online, Community Policing Opportunities, available at http://www.lapdonline.org/support_lapd/content_basic_view /731, a true and correct copy of which is attached to the Wilcox Decl. as Exhibit J. 11. Portions of the Dec. 9, 2011 filing in Longmire v. City of Oakland, Case No. C 10-01465 JSW,in the United States District Court in the Northern District of California, available at http://www.chaunceybaileyproject.org/pdf/ LongmireReport.pdf, a true and correct copy of which is attached to the Wilcox Decl. as Exhibit K. 12. Notice of Ruling, Pasadena Police Officers Ass’n v. City of Pasadena, No. BC410724 (Cal. Super. Ct. dismissed Sept. 28, DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROAST,SUITE 2400 24 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 2010), a true and correct copy of whichis attached to the Wilcox Decl. as Exhibit L. 13. Letter from Peter Siggins, Legal Affairs Secretary, Office of the Governorofthe State of California, to Peter Scheeret al. (Dec. 22, 2004), available at http://www.firstamendmentcoalition.org/ wp-content/uploads/2011/02/Gov_Calendar_Cover_Letter.pdf, a true and correct copy of whichis attached to the Wilcox Decl. as Exhibit M. 14. Unclassified Transcript of Combatant Status Review Tribunal Hearing for ISN 10024 (2007), available at http://www.defense. gov/news/transcript_ISN10024.pdf , a true and correct copy of whichis attached to the Wilcox Decl. as Exhibit N. Dated: October , 2012 Honorable Tani Cantil-Sakauye Chief Justice of the State of California DAVIS WRIGHT TREMAINE LLP 865 §. FIGUEROAST, SUITE 2400 25 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 DECLARATION OF ROCHELLE L. WILCOX I, Rochelle L. Wilcox, declare as follows: 1, I am an attorney admitted to practice before all courts in the State of California, including this Court. I am a partner at Davis Wright Tremaine LLP and one ofthe attorneys responsible for representing Real Party in Interest and Respondent Los Angeles Times Communications LLC (“The Times”’) in this action. The matters stated below are true of my own personal knowledge, except for those matters stated on information and belief, which I believe to be true. 2. Attached collectively as Exhibit A are true and correct copies of the following Los Angeles Police Department NewsReleases: a. Officer-Involved Shooting in 77th Division (Sept. 17, 2012) (updated Sept. 20, 2012), available at http://www.lapdonline.org/newsroom; b. Officer-Involved Shooting in West Valley (July 22, 2012), available at http://www.lapdonline.org/newsroom; c. Officer-Involved Shooting With No Hits in West Los Angeles (June 13, 2012) (updated June 29, 2012), available at http://www.lapdonline.org/newsroom; DAVIS WRIGHT TREMAINE LLP 865 S, FIGUEROAST,SUITE 2400 26 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 d. Heavily Armed Suspect Points Gun at Police Officer Involved Shooting Occurred (June 6, 2012), available at http://www.lapdonline.org/newsroom; 3. Attached collectively as Exhibit B are true and correct copies of the following Redding Police Department Press Releases: a. b. Cc. July 3, 2012, available at http://reddingpolice.org/PressReleases/Press ReleaseIndex.html; Nov.3, 2011, available at http://reddingpolice.org/PressReleases/Press ReleaseIndex.html; Nov.3, 2011, available at http://reddingpolice.org/PressReleases/Press ReleaseIndex.html; March9, 2011, available at http://reddingpolice.org/PressReleases/PressReleaseIndex. html; 4, Attached collectively as Exhibit C are true and correct copies of the following NewsReleases from the Los Angeles Sheriffs Department: DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROAST, SUITE 2400 27 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 a. Sheriff Lee Baca to Preside at Annual Valor Awards Ceremony (Sept. 18, 2012), available at http://local.nixle.com/alert/4888277; b. Sheriff Lee Baca Officiates at Graduation Ceremony of Peace Officer Academy Class (Aug. 31, 2012), available at http://local. nixle.com/alert/48799 14/; c. Meritorious Conduct Medal (2008),available at http://www.lasdhq.org/sites/YIR/ 2008/visuals/3447.pdf; 5. Attached as Exhibit D is a true and correct copy of a Press Release issued by the Inglewood Police Department (Sept. 5, 2008), available at http://www.inglewoodpd.org/Press_Releases.aspx. 6. Attached as Exhibit E is a true and correct copy of a documententitled Officer Involved Shooting Incidents, Oakland Police Department, available at http://www2.oaklandnet.com/Government/o/OPD/a/PublicReports/OIS/ind ex.htm (last visited Oct. 16, 2012). 7. Attached collectively as Exhibit F are true and correct copies of the following articles published by The Times: a. Robert Faturechi, Drivers Have No Beef With Him, L.A. TIMES, Sept. 10, 2012, at Al; DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROAST, SUITE 2400 28 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 . Robert Faturechi, Official Possibly Hindered Probe of Jails, L.A. TIMES, Aug. 5, 2012, at A29; . Jack Leonard & Robert Faturechi, Sheriff's Department Used Jail Duty to Punish Deputies, L.A. TIMES, Nov.12, 2011, at Al; . Robert Faturechi, Tattoo Testifies to a Murderer’s Crime, L.A. TIMES, April 22, 2011, at Al; . Jack Leonard & Victoria Kim, A Times Investigation: Inglewood Hasa History of Deadly Force by Police, L.A. TIMES, Dec. 28, 2008, at Al; . Matt Lait, Convicted Cop Hired as Police Chief, L.A. TIMES, Feb.2, 2008, at B1; . Jack Leonard & Ari B. Bloomekatz, Inglewood Officers Identified; Eight Are Namedin the Fatal Shooting ofa Homeless Man, L.A. TIMES,Sept. 6, 2008, at B3; . Matt Lait, An Honor Overdue, L.A. TIMES, Mar. 8, 2007, at Bl; Matt Lait, Supervisors, Sheriff Baca urge reopening disciplinary hearings, L.A. TIMES,Feb. 8, 2007, at B4; Matt Lait & Steve Hymon, Ruling in Teen’s KillingSpurs Outcry, L.A. TIMES, Jan. 11, 2007, at B1; DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROAST, SUITE 2400 29 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 . Scott Glover & Matt Lait, Officer Who Killed Boy, 13, is Cleared, L.A. TIMES, Jan. 10, 2007, at Al; Scott Glover & Matt Lait, Accidental Gunshots Vex LAPD, L.A. TIMES, Aug. 17, 2006, at B1; . Scott Glover & Matt Lait, Shooting Accounts at Odds in Report, L.A. TIMES, March 15, 2006, at B1; . Scott Glover & Matt Lait & Doug Smith, Shooting of Dogs by Police Not Unusual, L.A. TIMES, March 12, 2005, at B1; . Matt Lait, Panel Finds ’04 Shooting Broke Rules, L.A. TIMES, Feb. 11, 2005, at B1; . Scott Glover & Matt Lait, Councilman Seeks Probe of Reports on Officer Shootings, L.A. TIMES, Oct. 27, 2004, at B4; . Scott Glover, Matt Lait & Doug Smith, Frequent Fire, L.A. TIMES,Oct. 18, 2004, at Al; Scott Glover & Matt Lait, Investigating Their Own, L.A. TIMES, Oct. 17, 2004, at Al; . Scott Glover & Matt Lait, A Second Look at an ‘Ambush’, L.A. TIMES, Oct. 17, 2004, at A26; Scott Glover & Matt Lait, Bratton Critical of Firing at Cars, L.A. TIMES, Feb. 29, 2004, at Al; DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROAST,SUITE 2400 30 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 u. Scott Glover & Matt Lait, LAPD Probe FadesInto Oblivion, L.A. TIMES, Aug. 11, 2003, at Part 1-1; v.. Scott Glover & Matt Lait, LAPD Prevails Over Civilian Overseers, L.A. TIMES, June 22, 2003, at Part 1-1; w. Scott Glover & Matt Lait, Inglewood Police Accused of Abuse in Other Cases, L.A. TIMES, July 15, 2002, at Al; x. Scott Glover & Matt Lait, LAPD Officer Had 5 Felony Arrests, L.A. TIMES, Jan. 22, 2002, at Part 2-1; y. Scott Glover & Matt Lait, Police Panel Wasn’t Given Full Facts in Gunfire Case, L.A. TIMES, Aug. 7, 2001, at Al; z. Scott Glover & Matt Lait, Year Brings Little Progress in 2 LAPD Shooting Probes, L.A. TIMES, March 24, 2001 at Al; | aa. Scott Glover & Matt Lait, Police Cases Sent to D.A. Drop Sharply, L.A. TIMES, Oct. 23, 2000, at Al; bb. Scott Glover & Matt Lait, LAPD Misconduct Cases Rarely Resulted in Charges, L.A. TIMES, Oct. 22, 2000, at Al; cc. Matt Lait, Mayor, Police Chief Back Bill to Open Records, L.A. TIMES, Mar: 28, 2007 at B4; DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROAST,SUITE 2400 3] LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 8. Attached as Exhibit G is a true and correct copy ofan article entitled PBS Frontline, Rampart Scandal, Cover Up?, available at http://www.pbs.org/wgbh/pages/frontline/shows/lapd/scandal/coverup.html. 9. Attached as Exhibit H is a true and correct copy ofan article entitled Demian Bulwa, Net Sharpens Divide Over Cop Shootings, S.F. CHRON., Oct. 14, 2012. 10. Attached as Exhibit I is a true and correct copy of excerpts from Proby,et al., “Training the 21st Century Police Officer; Redefining Police Professionalism for the Los Angeles Police Department” (Rand Publ’g 2003), at 100, available at http://www.rand.org/content/dam/rand/pubs/monograph_reports/MR1745/ MR1745.ch4.pdf. 11. Attached as Exhibit J is a true and correct copy ofLAPD Online, Community Policing Opportunities, available at http://www.lapdonline.org/support_lapd/content_basic_view /731, 12. Attached as Exhibit K is a true and correct copy of portions of the Dec. 9, 2011 filing in Longmire v. City of Oakland, Case No. C 10- 01465 JSW,in the United States District Court in the Northern District of California, available at http://wwwchaunceybaileyproject.org/pdf/ LongmireReport.pdf. DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROAST, SUITE 2400 32 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 13. Attached as Exhibit L is a true and correct copy ofa documententitled “Notice of Ruling,” filed in Pasadena Police Officers Ass’n v. City of Pasadena, No. BC410724 (Cal. Super. Ct. dismissed Sept. 28, 2010). 14. Attached as Exhibit M is a true and correct copy ofa letter from Peter Siggins, Legal Affairs Secretary, Office of the Governorofthe State of California, to Peter Scheeret al. (Dec. 22, 2004), available at http://www.firstamendmentcoalition.org/ wp-content/uploads/2011/02/Gov_Calendar_Cover_Letter.pdf. 15. Attached as Exhibit N is a true and correct copy ofa documententitled “Unclassified Transcript of Combatant Status Review Tribunal Hearing for ISN 10024 (2007),” available at http://www.defense. gov/news/transcript_ISN10024.pdf. | I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 17th day of O 012 at Los Angeles, California. (Roshelle L\ Wilcox DAVIS WRIGHT TREMAINE LLP 865 §, FIGUEROAST,SUITE 2400 33 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Officer-Involved Shooting Occursat the End of a Pursuit NR124334ne- official website... Page 1 of 2 contactus soiveachme non-em ney (877) ASK-LAPD about $11 HOME CRIME MAPPING E-POLICING NEWS CONFERENCES News Release Monday, September 17,JOIN THE TEAM LAPD BLOG 2012 LAPD EQUIPMENT NEWS ARCHIVES LAPD SPORTS Officer-Involved Shooting Occurs at the End of a Pursuit 2012 NRL24334ne LAPD TV 2044 NEWSROOM September 20, 2012 a - UPDATED RELEASE 2010 OUR COMMUNITIES Updated: The officers involved in the officer-involved- POLICE COMMISSION shooting have been identified as: 2009 ° Police Officer II Ryan Nguyen, Rampart Area REPORT A CRIME Police Officer III Clinton Perez, Rampart Area 2008 Police Officer II Joseph Arevalo, Rampart Area SOLVE A CRIME Police Officer 11 Mark Austin, Rampart Area LD Police Officer 11 Brad Gorby, Rampart Area 2007 SPECIAL ASSISTANT Police Officer If Juan Garcia, Rampart Area FOR CONSTITUTIONAL Police Officer II David Blake, Rampart Area 2006 POLICING Police Officer III Joseph Broussard, Olympic Area SUPPORT LAPD Police Officer IIT Hans Almaraz, Metropolitan Area 2005 INSIDE THE LAPD Los Angeles: On September 11, 2012, at around 6:30 p.m., 2004 . , on Rampart Patrol Division officers were in pursuit of a stolen white two door 2003 Honda Civic. The Honda had been taken ina 2003 carjacking earlier in the afternoon from the North Hollywood area, at around 5:30 p.m. 2002 Patrol officers remained in pursuit of the Honda in the Rampart 2001 Area. Communications Division updated the involved units with the suspect's description and that he was armed. As the suspect 2000 x was driving west on 7th Street crossing Bixel Street, he drove through a mid-phase red signa! and collided with a white four 1999 door Nissan Altima being driven north on Bixel Street, disabling vhstoryoftheLAPD the Honda. The suspect (later identified) Ian Schlesinger exited 1998 Metropolitan Division the Handa with a rifle and concealed himself behind the Handa LAPD Special Units and Nissan, as responding patrol units and K-9 units stopped Unsolved Murders of LAPD their police vehicles east and south of the Honda and Nissan. AS RELATED LINKS Officers the officers exited their vehicles, the suspect began shooting at the officers at which time an officer-invalved shooting (O1S) occurred. The suspect Schlesinger was wounded and Entertainment Trademark GET INFORMED subsequently taken into custody by officers. Unit Alarm School Los Angeles Fire Department personnel arrived and transported OP EDS the suspect to a loca! hospital where he was treatedfor his Contact Us injuries and fisted in stable condition. The suspects’ rifle ancl a OP-ED PIECE BY LAPD Crime Mapping and COMPSTAT pistol were recoveredat the scene. CHIEF CHARLIE BECK Crime Prevention LAPD’s Force Investigation Division (FID) responded and will be handling the investigation of the officer-involved shooting. OpEd C Join Us in Domestic Violence Securing Safe FAQ The investigation will ultimately be reviewed by the Chief of Neighborhoodsfor Every Ss Police, the Office of the Inspector General and The Board of Police Angeleno By Mayor . Commissioners for compliance with the Department’s use-of- . Antonio R. Villaraigosa an For Your Family . ot . force policy which states that an officer's use-of-force actions GangInjunctions must be objectively reasonable. Additionally, the Los Angeles Chief Bratton’s Comments County District Attorney's Justice System Integrity Division will on Immigration I Want to Know 001 http://www.lapdonline.org/newsroom/news_view/51966 10/14/2012 conduct a comprehensive review of the facts of the officer- involved shooting, LAPD General Fund Contracts LAPD Adult Missing Persons Unit Most Wanted Follow @LAPDHQ LAPD on Facebook Read the Beat Magazine Follow @lapolicefdtn Sworn and Civilian Report Trademark Year in Review Youth Programs FILE A COMMENDATION OR COMPLAINT Select Language Powered by 42002!Translate Disclaimer: The LAPDonline.org® website has made reasonable efforts to provide an accurate translation, However, no automated or computerized translation is perfect and is not intended to raplace human or traditional translation methods. The official taxt is the English version of the LAPDonling.org® website. If any questions arise coricerning the accuracy of the information presented by the translated version of the website, please refer to the English edition of the website, which is the official version, Officer-Involved Shooting Occurs at the End of a Pursuit NR124334ne- official website... Page 2 of 2 Chief Bratton's Comments on Daily News Editorial COMPSTATand Crime Reduction LAPD deservesbetter than recent tirade LAPD's Chief Bratton knowslarger terrorism threat Perception vs. Reality CONGRESSIONAL TESTIMONY Chief Bratton's Testimony Sept. 24, 2009 Chief Bratton's Congressional Testimony Dep Chief Downing's Testimonyfor the House of Rep Dep. Chief Downing's Testimonyfor the U.S. Senate Cmdr. McNamara's Testimony for the House of Reps. NEWS ARCHIVES contact us / terms & conditions / Jos angeles police foundation G12 City ef Los Anges + Powered By Radar Blue | http://www.lapdonline.org/newsroom/news_view/5 1966 Los Angeles Police Denartment 002 10/14/2012 Officer-Involved Shooting in West Valley NR12343ne- official website ofTHE LOS AN... Page 1 of 2 solve a crime non-emergency (877)ASK-LAPD aboutG11 city directory.2 HOME CRIME MAPPING E-POLICING JOIN THE TEAM LAPD BLOG LAPD EQUIPMENT LAPD SPORTS LAPD TV NEWSROOM OUR COMMUNITIES POLICE COMMISSION REPORT A CRIME SOLVE A CRIME SPECIAL ASSISTANT FOR CONSTITUTIONAL POLICING SUPPORT LAPD INSIDE THE LAPD Salute Our Heroes History of the LAPD Metropolitan Division LAPD Special Units Unsolved Murders of LAPD Officers GET INFORMED Alarm School Contact Us Crime Mapping and COMPSTAT Crime Prevention Domestic Viclence FAQs For Your Family Gang Injunctions sy gr ee ns PS & News Release Sunday, July 22, 2072 Officer-Involved Shooting in West Valley NR12343ne Update The officer involved in the foliowing officer involved shooting has been identified as Police Officer ITI Bruce Oakiey, West Valiey patrol. Los Angeles: Los Angeles Police Department West Valley Patrol officers responding to a “Battery Investigation” were involved in an officer-invelved shooting when a suspect produced a handgun and turned toward officers. On July 19, 2012 around 4:45 a.m., West Valley officers were responding Co a “Battery Investigation” in the 19300 biock of Welby Way. As officers arrived, they met with the person reporting the crime, who directed themto the suspect's location in a locked bedroom inside the residence. The officers made contact with the suspect, who opened the bedroorn door, but quickly closed the door on the officers. The officers forced entry into the bedroam, The suspect produced a handgun and turned toward the officers and an officer-involved shooting occurred, The suspect, identified as 49-year-old Donald Warner, was struck by the gunfire. Warner was taken in to custody and transported by Los Angeles Fire Department Paramedics to a local hospital for treatment, No officers were injured. A revalver was recovered at the scene. LAPD’s Force Investigation Division (FID) Detectives responded and are investigating the officer-involved shooting. The Criminal Apprehension Team is investigating the crime against the officer, The investigation will ultimately be reviewed by the Chief of Police, the Office of the Inspector General and Board ofPolice Commissioners for cornpliance with the Department's use-of- force policy which states that an officer’s use-of-force actions must be objectively reasonable. Additionally, the Los Angeles County District Attorney’s Justice System Integrity Division will conduct a comprehensive review of the facts of the officer- involved shooting. LAPD on Facebook http://www.lapdonline.org/newsroom/news_view/51546 NEWS CONFERENCES NEWS ARCHIVES 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1998 1998 RELATED LINKS Entertainment Trademark Unit OP EDS OP-ED PIECE BY LAPD CHIEF CHARLIE BECK OpEd 0 Join Us in Securing Safe Neighborhoodsfor Every Angeteno By Mayor Antonio R. Villaraigosa an Chief Bratton's Comments on Immigration 003 10/14/2012 Officer-Involved Shooting in West Valley NR12343ne- official website of THE LOS AN... Page 2 of 2 1 Want to Know Chief Bratton's Comments on Daily News Editorial LAPD General Fund Contracts LAPD Adult Missing Persons , COMPSTATand Crime Unit Reduction Most Wanted" Read the Beat Magazine LAPD deservesbetter than recent tirade Sworn and Civilian Report Trademark LAPD's Chief Bratton knowslargerterrorism Year in Review threat Youth Programs Perception vs. Reality FILE A COMMENDATION CONGRESSIONAL OR COMPLAINT TESTIMONY Chief Bratton's Testimony Sept. 24, 2009 Chief Bratton's Congressional Testimony Dep Chief Downing's Testimony for the House of Rep Select Language Dep. Chief Downing's . er Testimonyfor the U.S. Powared by 0x?Translate Senate Disclaimer; The LAPDonline.org® website has made reasonable efforts to provide an accurate translation, However, no NEWS ARCHIVES automated or computerized translation is perfect and is not intended to replace human or traditional translation methods. The official text is the English version of the LAPDonline.org® website. If any questions arise concerning the accuracy of the information presented by the transtated version of the website, please refer to the English edition of the website, which is the official version. Cmdr, McNamara's Testimony for the House of Reps. contact us / terms & conditions / ios angeles police foundation e Los Angeles Police Denartment 004 http://www.lapdonline.org/newsroom/news_view/51546 10/14/2012 CRIME MAPPING E-POLICING JOIN THE TEAM LAPD BLOG LAPD EQUIPMENT LAPD SPORTS LAPD TV NEWSROOM OUR COMMUNITIES POLIGE COMMISSION REPORT A CRIME SOLVE A CRIME SPECIAL ASSISTANT FOR CONSTITUTIONAL POLICING SUPPORT LAPD INSIDE THE LAPD Salute Our Heroes Histery of the LAPD Metropolitan Division LAPD Special Units Unsolved Murders of LAPD Officers GET INFORMED Alarm School Contact Us Crime Mapping and COMPSTAT Crime Prevention Domestic Violence FAQs For Your Family Gang injunctions i Want to Know solve a crime non-emergency (877) ASK-LAPD about 911 a she Weparl News Release Wednesday, June 13, 2012 Officer Involved Shooting with no Hits in West Los Angeles NRL2272¢j June 29, 2012 Updated: The officer involved in the following officer involved shooting has been identified as Police Officer II Christopher Cox, West LA patrol. Los Angeles: On June 11, 2012, around 8:41 p.m., West LA Patrol officers respanded to a call of a man threatening to shoot himself in the 114.06 Rochester Avenue, When the officers arrived, they saw a man on the 3rd floor of the building and gave commands for the man toa camply, but the he refused. At around 9:50 p.m. the man stepped out onto the 3rd story balcony and fired a handgun at an LAPD helicopter, flying over the location, and an officer involved shooting ensued. The suspect walked from the balcony into the apartment and then barricaded himself. LAPD Metropolitan Division deployed tear gas and took the’ suspect into custody. The suspect was identified as Sean Edward Tarrabe. He was treated by medical personnel for an abrasion to his left feg and cleared and booked for Attempt Murder. No officers were injured. A search warrant was served at suspect Tarrabe’s apartment where investigators recovered two .40 caliber pistols and live ammunition. Force Investigation Division (FID) personnel responded and will conduct a thorough investigation of the officer involved shooting. The investigation is ongoing. The investigation will ultimately be reviewed by the Chief of Police, the Office of the Inspector General and Board of Police Commissioners for compliance with the Department's use-of- force policy which states that an officer’s use-of-force actions must be objectively reasonable. Additionally, the Los Angeles County District Attorney’s Justice System Integrity Division will conduct a comprehensive review of the facts af the officer- involved shooting. Anyone with information about this incident is urged to cail Force Investigation Division at 213-486-5230. During non-business hours or on weekends, calls should be directed to 1-977-LAPD- 24-7 (877-527-3247). Anyone wishing to remain anonymous should call Crime Stoppers at 1-800-222-TIPS (800-222-8477), Tipsters may also cantact Crime Stoppers by texting to phone number 274637 (C-R-I-M-E-S on most keypads) with a cell phone. All text messages should begin with the letters “LAPD.” http://www.lapdonline.org/newsroom/news_view/51209 Officer Involved Shooting with no Hits in West Los Angeles NR12272cj - official websit... Page 1 of 2 NEWS CONFERENCES NEWS ARCHIVES 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 RELATED LINKS Entertainment Trademark Unit OP EDS OP-ED PIECE BY LAPD CHIEF CHARLIE BECK OpEd 0 Join Us tn Securing Safe Neighborhoodsfor Every Angeleno By Mayor Antonio R. Villaraigosa an Chief Bratton's Comments on Immigration 005 10/14/2012 Officer Involved Shooting with no Hits in West Los Angeles NR12272cj - official websit... Page 2 of 2 LAPD General Fund Contracts LAPD Adult Missing Persons Unit Most Wanted Read the Seat Magazine Sworn and Civilian Report Trademark Year in Review Youth Programs FILE A COMMENDATION OR COMPLAINT Select Language Powered by “24Transtate Disclaimer: The LAPDanline.org® website has made reasonable efforts to provide an accurate translation, However, no automated or computerized translation is perfect andl is not intended to replace human or traditional transiation methods. The official text is the English version of the LAPDonline.org® website, If any questions arise concerning the accuracy of the information presented by the translated version of the website, please refer to the English edition of the website, which is the official version. Tipsters may also go to LAPDOnline.org, click on "webtips" and follow the prompts. Follow @LAPDHQ Follow @lapolicefdtn LAPD on Facebook Chief Bratton's Comments on Daily News Editorial COMPSTATandCrime Reduction LAPD deservesbetter than recent tirade LAPD's Chief Bratton knowslargerterrorism threat Perception vs. Reality CONGRESSIONAL TESTIMONY Chief Bratton's Testimony Sept. 24, 2009 Chief Bratton's Congressional Testimony Dep Chief Downing's Testimony for the House of Rep Dep. Chief Downing's Testimonyfor the U.S. Senate Cmdr, McNamara's Testimonyfor the House of Reps. NEWS ARCHIVES http://www.lapdonline.org/newsroom/news_view/51209 Shien Pees eeetees 006 10/14/2012 CRIME MAPPING E-POLICING JOIN THE TEAM LAPD BLOG LAPD EQUIPMENT LAPD SPORTS LAPD TV NEWSROOM OUR COMMUNITIES POLICE COMMISSION REPORT A CRIME SOLVE A CRIME SPECIAL ASSISTANT FOR CONSTITUTIONAL POLICING SUPPORT LAPD INSIDE THE LAPD Salute Our Heroes History of the LAPD Metrapolitan Division LAPD Special Units Unsolved Murders of LAPD Officers GET INFORMED Alarm School Contact Us Crime Mapping and COMPSTAT Crime Prevention Domestic Violence FAQs For Your Family Gang injunctions {Want to Know tae iaety solve a crime acy (877) ASK-LAPD about S11 city directory.217 : home + newsroom fa) BAP: s : News Release Wednesday, June 6, 2012 Heavily Armed Suspect Points Gun at Police Officer Involved Shooting Occurred NR122450kr Los Angeies: A 35-year-old man armed with a revolver and a semi-automatic rifle pointed the revolver at approaching officers and an officer involved shooting (O15) occurred. A second O1S occurred when the suspect again pointed the revolverat officers. On June 1, 2012, around 5:59 a.m., Hollenbeck Patrol Officers were called to the 2500 block of Houston Street to investigate reports of “Shots Fired”, As the officers, Police Officer James Eldridge Police (22 years 6 months with the Department}, Officer Jonathan Maldanado (7 years 4 months with the Department), and Sergeant Heriberto Arangure (17 years 1 month with the Department), were walking towards the location, they heard a gunshot. Citizens in the area directed the officers to the suspect, Herman Ruvalcaba, inside a converted garage to the rear of the residence, At one point Ruvalcaba opened the front door of the converted garage and pointed a revolver at the officers and an OIS occurred. As the officers continued to tactically move towards Ruvalcaba lying prone and motionless on the ground, he suddenly extended the revolver toward the officers and a second O1S occurred. Officers took him inte custody without further incident and immediately called for medical assistance for Ruvalcaba who was shot during the OIS. The Los Angeles City Fire Department paramedics responded and pronounced Ruvalcaba dead at scene, No officers were injured during this incident. A Smith & Wesson .357 revolver and an AK-47 semi-automatic rifle loaded with a 30-round rnagazine were recovered lying on the ground next to Ruvalcaba, who was en probation for possession of an assault rifle. Force Investigation Division detectives responded and are investigating the OIS. The investigation will ultimately be reviewed by the Chief of Police, the Office of the Inspector General and Board of Police Commissioners for compliance with the Department’s use-of- force policy which states that an officer’s use-of- farce actions must be objectively reasonable. Anyone with information about this incident is urged to call the FID at 213-486-5230. During non-business hours or on weekends, calls should be directed to 1-877-LAPD-24-7 (877- 527-3247), Anyone wishing to remain anonymous should call Crime Stoppers at 1-800-222-TIPS (800-222-8477). Tipsters may also contact Crime Stappers by texting to phone number 274637 (C-R-I-M-E-S on most keypads) with a cell phone, All text messages should begin with the letters “LAPD,” Tipsters may also go to LAPDOnline.org, click on “"webtips” andfollow the prompts. http://www.lapdonline.org/newsroom/news_view/51150 Heavily Armed Suspect Points Gun at Police Officer Involved Shooting Occurred NR122... Page 1 of 2 he Los Angeles Police Departmen NEWS CONFERENCES NEWS ARCHIVES 2012 2011 2010 2009 2008 2007 2006 2065 2004 2003 2002 2001 2000 18999 1998 RELATED LINKS Entertainment Trademark Unit OP EDS OP-ED PIECE BY LAPD CHIEF CHARLIE BECK OpEd 0 Join Us in Securing Safe Neighborhoods for Every Angeleno By Mayor Antonio R.Villaraigosa an Chief Bratton's Comments on Immigration 007 10/14/2012 Heavily Armed Suspect Points Gun at Police Officer Involved Shooting Occurred NR122... Page 2 of 2 LAPD General Fund Contracts LAPD Adult Missing Persons Unit Most Wanted Read the Beat Magazine Sworn and Civilian Report Trademark Yearin Review Youth Programs FILE A COMMENDATION OR COMPLAINT Select Language Powered by (#00Translate Disclaimer: ‘he LAPDanline.org® website has made reasonable effarts to provide an accurate transtation, However, no autornated or computerized transtation is perfect and is not intended to replace human or traditional translation methods. The official text is the English version of the LAPDonline.org® website. If any questions arisé concerning the accuracy of the infarmation presented by the translated version of the website, please refer to the English edition of the website, which is the official version. Follow @LAPDHQ LAPD on Facebook | Follow @lapolicefdtn Chief Bratton's Comments on Daily NewsEditorial COMPSTATand Crime Reduction LAPDdeserves better than recenttirade LAPD's Chief Bratton knowslarger terrorism threat Perception vs. Reality CONGRESSIONAL TESTIMONY Chief Bratton's Testimony Sept. 24, 2008 Chief Bratton’s Congressional Testimony Dep Chief Downing's Testimony for the House of Rep Dep. Chief Downing's Testimony for the U.S. Senate Cmdr, McNamara’s Testimonyfor the House of Reps. NEWS ARCHIVES contact us / terms & conditions / los angeles police foundation d Sy Radar Blue | @ 2612 City of Los Angales _ http://www.lapdonline.org/newsroom/news_view/51150 3 Police Department 008 10/14/2012 CITY OF REDDING ns ROBERTF. PAOLETTI CHIEF OF POLICE POLICE DEPARTMENT 1313 California Street, Redding, CA 96001-3396 §30.225.4260 FAX 530.225.4553 PRESS RELEASE DATE: July 3, 2012 TIME: 1:45 p.m. SCSO CASE#12-19710 RPD CASE#12-42895 The Redding Police Department is releasing the names of the three Redding Police Officers involved in the fatal Officer Involved Shooting of Scott Deen on June 22, 2012. Corporal Jon Poletski was the only officer who fired his weapon during this incident. Corporal Poletski has been with the Redding Police Department for 7 years and has 5 % years of prior experience with the Eureka Police Department. Officer Jared Hebert has been with the Redding Police Department for 9 months and has 5 4 years of prior experience with the Los Angeles Police Department. Officer Robert Garnero has been with the Redding Police Department for 4 years and has 2 '2 years of prior experience with the California HighwayPatrol. All three Officers were initially placed on paid Administrative Leave after the incident but have since returned to full duty. The Shasta County Sheriff’s Office is the lead investigating agency in this incident. All questions about the investigation should be directed to SCSO Detective Sergeant Steve Grashoff at (530) 245-6172. Contact: Lieutenant Jeff Wallace ID# 608 Redding Police Department 530-225-4214 Approved: Captain Moore ID#602 009 City OF REDD] setadileriin NG SCH se ta ii Boosie hein sighs sektoate Ee eUELY CYae UPDATED PRESS RELEASE November3, 2011 4:00 PM CASE #11-68835 The California Highway Patrol (CHP) has authorized the release of the identities of the officers involved in the shooting incident that occurred on Thursday, October 27, 2011 on Interstate 5 near Castella, California. The following are the names ofthe officers involved, years of service with the CHP, and the current office assignment. Lieutenant Joseph Micheletti, 24 years experience, Mt. Shasta Office. Sergeant Anthony Gummert, 19 years experience, Mt. Shasta Office. Officer Brian Hoskins, 13 years experience, Mt. Shasta Office. Officer Michael Barham, 15 years experience, Mt. Shasta Office. Officer Eric Degraffenreid, 15 years experience, Mt. Shasta Office. Officer Eric Mallory, 5 years experience, Yreka Office. The Shasta County Sheriffs Office has also authorized the release of the identity of the deputy involved. Deputy David Eoff, 7 years experience. Suspect Albert Anthony Smith was booked into the Shasta County Jail on November2, 2011. Smith’s bail was set at $500,000 when he was booked into the jail. Redding Police Investigators sought a bail enhancement for Smith because he was deemed a flight risk. The bail enhancement was granted and he is currently being held without bail. Contact: Sergeant Brian Barner Redding Police Department 530-225-4214 Approved: Sergeant Al Mellon 010 City OF REDDING oe PETES. LHARS UACLE OeOC PRESS RELEASE November 3, 2011 4:00 pm RPD 11-68517 SO 11-34804 The Shasta County Sheriffs Department authorized the release of the identities of the deputies involved in the shooting incident that occurred on Tuesday, October 25", 2011, on Interstate 5 at the Oasis Road interchange. The deputy injured in the violent struggle with James Thomas Jobe was Deputy Dustin Reynolds. The second deputy wasidentified as Sergeant Troy Clegg. Both Deputies have five years of experience with the Sheriffs Department as well as prior law enforcement experience. Reynolds sustained multiple head lacerations during the struggle that required 26 staples to close. Both deputies were placed on paid administrative leave after the shooting per Shasta County Sheriffs Departmentpolicy. Contact: Sgt. Al Mellon #309 Redding Police Department 530-225-4214 Approved: Lt. Jeff Wallace 011 METTLE Ee FRRCUES OE One PRESS RELEASE Update Officer Involved Shooting March 9, 2011 10:15am 11-14128 The Redding Police Department is releasing the names of the officers involved in the shooting incident that occurred on March 7, 2011, at the intersection of South Market Street and Elmwood Street. The injured officer is Officer Russell Veilleaux, an eight- year veteran with Redding Police Department. He is a veteran of the United States Marine Corps and has prior law enforcement experience with the La Mesa Police Department in San Diego County. Officer Veilleaux was released from the hospital and is on paid industrial injury leave while he is recuperating from his injuries. The shooting officer was Officer Rebecca (Becky) Zufall, an eleven-year veteran with Redding Police Department. Officer Zufall is a Field Training Officer and has prior law enforcement experience with the Los Angeles Police Department. Officer Zufall is currently on paid administrative leave, as is standard protocol while the incident is being investigated. The Shasta County Sheriffs Department is the lead investigating agency for this incident. All questions about the investigation should be directed to the Sheriff's Office at (530)245-6135. Contact: Captain Scott Mayberry ID# 603 Redding Police Department 530-225-4214 Approved: Sergeant Al Mellon/ID#309 012 “SHERIFF LEE BACA TO PRESIDE AT ANNUAL VALOR AWARDS CEREMONY”... Page 1 of 2 Trusted By The People You Trust Registered Subscribers: S Receive alerts from your local agencies | .or text your ZIP CODE to 8 Full Notification LASD-Newsroom(SHB) Tuesday September 18th, 2012 :: 03:26 p.m. PDT WireWords SHERIFF LEE BACA TO PRESIDE AT ANNUAL VALOR AWARDS CEREMONY Who: Sheriff Lee Baca and CBS 2 / KCAL 9 News Reporter Suraya Fadel, whowill narrate the awards ceremony. What: Sheriff Baca will present 26 members of the Los Angeles County Sheriffs Department with Valor Awards for their acts of heroism: Medalof Valor Deputy Daniel Reyes Deputy Hie Frazier Deputy Robert Gaines Meritorious Conduct Gold Deputy Enrique Gin Deputy Salvador Rios Deputy Geoffrey Lidman Deputy Gregory Maxwell Meritorious Conduct Silver 013 https://local.nixle.com/alert/4888277/?sub_id=303739 10/14/2012 “SHERIFF LEE BACA TO PRESIDE AT ANNUAL VALOR AWARDS CEREMONY”... Page 2 of 2 Deputy Barry Poltorak Sergeant Michael Austin Deputy Deborah Romero Sergeant Frojlan Dinco Deputy Marcelo Ruiz Sergeant Douglas Shive Deputy Louis Suazo Deputy David Aldana Deputy Gary Winfield Deputy Guadalupe Arreola Deputy David Cary Purple Heart Deputy Andreas Chamorro Deputy Mohamed Ahmed Deputy April Davidson Deputy Angel Dominguez Deputy Jay De Boom (Retired) Deputy Raymond Mades(Retired) Deputy Douglas Du Vall Deputy Michael Schaap When: Wednesday, September 19, 2012, at 12 p.m. Where: Quiet Cannon 901 Via San Clemente Montebello, California 90640 Forfurther information, contact the Sheriff's Headquarters Bureau at (323) 267-4800. Address/Location LASD-NewsroonxSHB) 4700 W Ramona Blvd Monterey Park, CA 91754 Contact 323-267-4800 For help, reply HELP to 888777. To cancel, reply STOP to 888777. No charge, Message & Data raies may apply. You Moreinfo at nixle.com. AT&T, T-Mobile®, Sprint, Verizon Wireless and most other carriers are supported. Contact : Company Overview Support Press Contact Careers Terms of Service Privacy Pc © 2012 Nixte LLC, All tights reserved. 014 https:/ocal.nixle.com/alert/4888277/?sub_id=303739 10/14/2012 “SHERIFF LEE BACA OFFICIATES AT GRADUATION CEREMONY OF PEACE 0... Page 1 of 3 Trusted By The People You Trust Registered Subscribers: S .or text your ZIP CODEto & Receive alerts from your local agencies | Full Notification LASD-Newsroom(SHB) Friday August 31st, 2012 :: 02:51 p.m. PDT WireWords SHERIFF LEE BACA OFFICIATES AT GRADUATION CEREMONYOF PEACE OFFICER ACADEMY CLASS SHERIFF LEE BACA OFFICIATES AT GRADUATION CEREMONY OF ACADEMYCLASS #389 Fourteen female and sixty-one male Deputy Sheriffs, as well as one female and one male Police Officers from the California Department of Insurance, graduated fram the Los Angeles County Sheriff's Department's Training Academy in Whittier during ceremonies held on Friday, August 31, 2012, at the College of the Canyons Performing Arts Center. Santa Clarita Mayor Frank Ferry delivered inspirational remarks to the graduates and their guests. As part of the graduation, a badge-pinning ceremony was conducted, with the new Deputies and Officers receiving their badges from a family memberor loved one. After receiving their graduation certificates, the graduates were officially sworn in as peace officers by Sheriff Lee Baca. In a special segmentof the ceremony, Shane Wolf of the Los Angeles County Sheriff's Department, a resident of Lancaster, was named the Honor Recruit for Class #389. This 015 https://local.nixle.com/alert/4879914/?sub_id=303739 10/14/2012 “SHERIFF LEE BACA OFFICIATES AT GRADUATION CEREMONYOF PEACE 0... Page 2 of 3 award is given to the recruit who achieves the highest numerical average based upon leadership qualities, academics, marksmanship and physical performance throughout the training period. Deputy Wolf was also named the Academic Recruit for graduating with the highest academic scores. Forwardedby: Kim Manatt, Deputy Sheriffs Headquarters Bureau - Newsroom Los Angeles County Sheriffs Department 4700 RamonaBlvd., Monterey Park CA 91754 Office: 323-267-4800 ftp/wewlasd.org SHBNewsroom@iasd.org www.Nixie.com htipinixle.com/asd---hg-newsroom-shb-los-angeles-county-shedit/ Twitter @LASD_News http://iwiker.con LASDNews ntip:/Awww.facebook.com/LosAngslesCountySheriiisDepartment Leroy D. Baca, Sheriff Los Angeles County Sheriffs Department Partner to prevent or report crime by contacting your local Sheriff's station. Or if you wish to remain Anonymous,call “LA Crime Stoppers” by dialing 800-222-TIPS (8477), texting the letters TIPLA plus yourtip to CRIMES (274637), or using the website http:/Macrimestoppers.org To receive more detailed, up-to-date information directly from the Los Angeles County Sheriffs Department (LASD) via e-mail, register for "Nixie" alerts at www.Nide.com or more directly at hites://local nixle.com/register/ and register for "LASD — Headquarters Newsroom (SHB), Los Angeles County Sheriff’ and your local LASD station area. Or, text your zip code to 888777 to receive text alerts only. Standard text messaging rates may apply depending on yourcalling plan. 016 https://local.nixle.com/alert/4879914/?sub_id=303739 10/14/2012 “SHERIFF LEE BACA OFFICIATES AT GRADUATION CEREMONYOFPEACE0... Page 3 of 3 Address/Location LASO-NewsoomSH)4700W RamonaBlvd rennet Monterey Park, CA 91754 charge Contact More in 323-267-4800 Mog Company Overview Support Press Contact Careers TermsofService Privacy Pc © 2012 Nixle LLC, All rights reserved. 017 https://localnixle.com/alert/4879914/?sub_id=303739 10/14/2012 078 pusog i s t s R O R I U se os r e e s e t S S e S e e e B e Noes S e e 3 : E S S c e e e e Se enecas R e $0 E R R B a y a s S a t e n eBS p e a : cece mapenermeoiaee e om e r s t e seesp o u s e e mes oFsoo Ba Seecnanoes e e eseoti SEERA soe SNeSon B a p e sas Ses a e E e : e R S R E B R R R S e e 2 B e e wie es ae ey S e i oees P O R ee moe S SS senia rat esce ssa See seeoeReis R R S o S eeBn: P e e aaa c i n e r e r e a S e e cae 049 c a i n e i t e se er e s E e e S o r e n s a n t a s e r S o . = S E S S e e n S o e e n e S O E S e a t e r a e R e e cs a c o a a n s S r e e re sis esn se a s e s s e e s s e e r s e a e : e e e a e S S e s a ‘<: : 3 : Re os S e S e S o n e ie : : : ROE R S S S a e 3 S e r a . ; e e ee R e e , ‘ , BR S Se ee ee n S e c e s E R R R S S A S Sk e S R O C o B L C i R I O N — S E N EN S s o r s e e es e ea oe se ee ne ee ee a a n oe S e e : : j e e e ai as a r e e c e oereee SOE eae ze me te S a ee 620 021 : p e e oe p e s c a e e sets e n o n = a E : e e e i t S S S e e E S a H E a S c e n e s SS = E S . : ° S S a b a o e e S e e ee a r e n m r e e e E S eases : ESRSS e e n S e e c e S o e eee : E E E S : R R e e s S S a > S e e y R a a E R R o s e e a S x R R e e e c e e s ‘ e e e e e S e n e e s . R s R S : : S E a e : ‘ S e eeeas : piohnoranenicsnse e r a r e e e r % e a e B r e e R R R S o e e e S h e r e Se e e e ‘ S e s R R r a p e e a e 2 S S S ee= S e e o n 022 Bs e e r : R e Susie S G g ‘ eS ee 3 i 3 B e r e Rosa a o e s a e : * Setee d S S S e e ; e a e Reee e S $ . a a S e e s : S e n n e S e e s R e er S e s = o F S e c a b a a t B e a t a S e s soon e k S E R r e r e C E S e e caeenas : B S S e ateteteetesaees: ss A t e e n i e s e t a e hatatatietots : Seatsteeter e e S e a e R E R S Soe e e a oe ae S e n n e: sas e a e R c L e e : = ; oe aS e S e e e 5 S R E e e : : s i e n t Feoooenents R e a : S S - Son : ; s a a t soe oS s u e s p e ! e e e & o o E R O S : a e e : : me e e n : . e e : 3 S e Seen P E R E P e c a n nReeP e e ra a 3 P a p i e r e e O23 g u e SEEReS. Soe e e S o Sen. S e y O24 s u s e S : : R E See e S : R E e c t s : Bo : . e e s : e n c e e s S e . S e a e e e soe e e - Se ‘ a e s S ee S e e s E a S e a s s a n e e r e s S o n caieee S s e z 2 ne B e : S S E 5 5 : S o S e e r aSy = : o o a e : : o e INGLEWOOD POLICE DEPARTMENT NEWS RELEASE CITY OF INGLEWOOD,CALIFORNIA ONE MANCHESTER BOULEVARD/ P.O. BOX 6500 INGLEWOOD CALIFORNIA 90301 OF yyx P September5, 2008 The Inglewood Police Department is responding aggressively to directives issued by the City Council calling for enhancedtraining for officers department wide, and will seek to expedite ongoing internal and independent reviews of Departmentpolicies, procedures and tactics, in the wakeof recent officer-involved shootings. In addition, seven officers and a field sergeantinvolvedin a fatal confrontation Aug. 31 with a homeless man on South Market Street, will not be returned to patrol duties until they receive further supplemental training and are evaluated to the satisfaction of the Department and City Council. In the tragic incident, Eddie Felix Franco, 56, was stopped by police officers after reports from a local merchantthat he had been seen with a chrome pistol tucked into his waistband. Based onpreliminary investigation findings, Franco was ordered to place his hands abovehis head. However, Francoultimately dropped his hands and appearedto officers to be reaching toward the weaponathis waist, resulting in officers firing as many as 47 shots. A second person, a motorist driving by the scene, was grazedin the head bya bulletfired by police. The male adult received stitches, and was treated and released at a local hospital. Officers involved in the Aug. 31 shooting and presently on administrative leave pendingfull reviews and supplementaltraining are: Officer Max Koffman, 17 years of experience Officer Loren Robinson, 10% years of experience Officer John Baca, 8 years of experience Officer Caroline Amezcua, 5 years of experience Officer Christopher Anderson, 1 year of experience Officer Ryan Green, 1 year of experience Officer Zerai Massey, 5% years of experience Sergeant Matt Hart, 20 years of experience Page 1 of 3 Inglewood Police Department JACQUELINE SEABROOKS Press Information Officer (888) 941-1447 Chief of Police Released by Lt. Mike McBride 025 None of the officers involved in the Aug. 31 incident were involved in the three earlier officer-involved shootings. The Inglewood Police Department is mindful of and shares the community’s concern over these shootings, events that have set in motion a series of cumulative reviews to make sure officers in the field are utilizing the best possible tactics and fully understand Department use-of-force policies. Parallel to this, we continue to review all aspects of the Aug. 31 shooting, focusing on how IPD officers were deployed after responding to the scene and what circumstances occurred after the officers encountered Franco and a second manin the 400 block of South Market Street. While our investigation is in its preliminary stagesatthis time the following specific details have emerged to date: Officers were dispatched to the area about 1:47 p.m. after receiving reports about a man with a gun. Officers encountered the homeless man, later identified as Franco, as well as the second man, both of whom were found standing nearlarge cartsfilled with unknown materials. One cart had a pit bull tied to it. in response to commandsfrom police, the second man puthis handsonhis head, walked backwards toward the officers on scene and was detained without incident. For reasons that remain unclear, Francofailed to comply with the officers’ orders to do likewise. After several minutes, and as officers deployedless lethal force to obtain his compliance, Franco abruptly dropped his hands, apparently reaching for what officers had reason to believe was a chrome handgun in his waistband. At this point, officers opened fire. The subsequent investigation revealed that the gun officers believed to be real was later determined to be a chrome-coloredreplica. Franco wastransported by ambulance to UCLA Medical Centerin Westwood where he was pronounced dead. Thepit bull terrier owned by the second man was woundedin the shooting and wastakento a local animal hospital where the dog wastreated and survived. At this time, there are four parallel but independentinvestigations underway: ° Aninternal IPD investigation is reviewing the circumstances surrounding the Aug.31 officer-involved shooting. ° Aninternal administrative investigation is assessing the officers’ actions in terms of departmentpolicies and procedures. That process precedes and must be completed before any formal determination on the officers’ conduct can be made. This probe also makes recommendations regarding training and equipment needs as well as tactics used. ° The Los Angeles District Attorney's Office is independently reviewing the circumstancesof the shooting to determine whether any criminal culpability may exist regarding the officers’ actions. Page 2 of 3 026 ° Andfinally, a separate review by the Los Angeles County Office of Independent Review (OIR) is continuing. The cumulative review by OIR, which was requested by Chief Jacqueline Seabrooks and approved by the City Council in July, is assessing Police Department policies, procedures, investigatory response and training. OIR representatives responded to the Aug. 31 scene and are consulting with both the administrative and criminal investigators as well as investigators from the District Attorney’s Office. Inthe past 11 months, this Department has implemented reforms and reorganized to boost accountability, reduce overall crime and best preserve public safety among the residents that officers are sworn to protect. These immediate and affirmative steps are required and ongoing so the larger community and Inglewood residents can maintain their faith, confidence and supportof the Police Department. It is critical for our Department, and for all of those involvedin this incident and other recent officer-involved shootings, that we let the investigations run their course before passing judgment or drawing any conclusions about the IPD orits dedicated men and women. Note: Four photographs depicting the replica handgun are available to the media in conjunction with the release of this News Release. # # # Page 3 of 3 ne Inglewood Police Department JACQUELINE SEABROOKS Press Information Officer (888) 941-1447 Chief of Police Released by Lt. Mike McBride 027 Pictures Intentionally Omitted 028 Officer Involved Shootings ~ City of Oakland, California Page | of 2 Officer Involved Shooting Incidents I am cognizant of my duty to provide public safety through a focus and dedication by means of crime prevention and crime response. Paramount to my duty, I place my personal values of honesty,integrity, courage and respect. These values are required by me, my profession, and the oath I took to serve. Through my 24 years of service to the City of Oakland, I have demonstrated these values in my relationships with, and service to, my community. It is important to me that my values, which have now becomethevalues of the Department I lead, are equally exhibited in moments of routine as well as in moments ofcritical incident. Officer-involved shootings may undoubtedly impact and affect police and community relations more so than any other incident or event. And deservedly so. These incidents represent moments of police authority and uses of lethal force - authority provided to us by law and derived from public consent - that result in the most contentious and adversarialof all outcomes. These possible consequences exist during the course of each and every patrol officer’s shift when I ask them to go out and intelligently and lawfully use their training to intervene in potentially criminal behavior or to react to crime and exigent circumstances as they occur. Each of these requests requires trust in my officers, and trust in my leadership, to act professionally, ethically, and under the knowledge and weight of accountability for our actions. Pursuantto their request under the California Public Records Request Act, the below documents were released October 2nd to the attorney representing the family of a young man namedAlan Blueford who was shot andkilled during an officer-involved shooting shortly after midnight on May 6, 2012.* Although the District Attorney’s Office has not yet released their independent report regarding thefiling of criminal charges, and my Internal Affairs Division has yet to presentits findings to the Department's Executive Force Review Board, I have authorized this release to the public. Iam hopeful that these documentswill help serve to provide clarification and understanding. This release is not intended to addressall questions and criticisms that exist; however, critical issues regarding the investigation, the providing of medical care and aid, summary witness statements,lab results, the Coroner's report, and independently corroborated facts and circumstances as they existed on the scene are addressed throughthis release. I also request the public’s understanding that, at this point in time, I am unable to comment on the specific issues of training, policy, or law that are relevant to the investigation. The purpose of the Executive Force Review Boardis to assess, in full, the actionsofall involved officers and to determine whether the force used wasin compliance with Departmental policies and procedures, and to assess whether or not changesto policies or procedures are needed. - Chief Howard A. Jordan Alan DwayneBlueford Blueford Report Incident Recall (Radio Transccript) (/Government/o/OPD/a/PublicReports/OIS/OAK037957) Crime Scene Report (/Government/o/OPD/a/PublicReports/OIS/OAK037953) Lab Report (/Government/o/OPD/a/PublicReports/OIS/QAK037955) Press Release oakcal/qroups/police/documents/pressrelease/oak034790.pdf (/Government/o/OPD/a/PublicReports/OIS/OAK037954) Coroner's Report (/Government/o/OPD/a/PublicReports/OIS/OQAK037952) May 6 and May 7, 2012 Nixie Alerts (/Government/o/OPD/a/PublicReports/OIS/OAK037956) * Witness names and personal information of witnesses have been redacted to protect their confidentiality given valid and articulable safety concerns, pursuant to Government Code 6255. Certain internal information regarding police procedure http://www2.oaklandnet.com/Government/o/OPD/a/PublicReports/OIS/index.htm 029 10/15/2012 Officer Involved Shootings ~ City of Oakland, California Page 2 of 2 jeopardize safe and efficient operations. 030 http://www2.oaklandnet.com/Government/o/OPD/a/PublicReports/OIS/index.htm 10/15/2012 Oakland Police Department 455 - 7th Street . ei Oakland, CA 94607 Supplemental a Crime Report i | PREMISE TYPE CAD INCIDENT RD# | 06 MAY12| 0003 Sunday | Highway/Road/Alley/Street/Sidowalk LOP120506000009 12-021875 a} 06 MAY 12] 0003 Sunday ADDRESS /LOCATION AREA BEAT De 06 MAY 12 0505 Sunday SOT 90T H AV&OLIVE ST ST, Oakland, CA 2 34X [_] PHOTOS TAKEN (C) PRINTS OBTAINED TECHNICIAN LOCATION TYPE: | [7] DoMesTic VIOLENCE ([) SENIOR INVOLVED (L] Gane RELATED (C] prucs INVOLVED DE REP OUTSIDE REPORTING AGENCY SOLVABILITY {_] SERIOUS INJURY IDENTIFIABLE SUSPECT - (" EVIDENCE [[] Rio REQUESTS INVEST. FACTORS SUSPECT INGUSTODY [_]} SURVEILLANCE PHOTO NAMED SUSPECT Handgun No Highway/RoadiAllay/StracUSidawalk OFFICER NAME| SERIAL NO. ROLE BEAT AREA Sergeant Ross Tisdell 8039 RO psT4 2 OFFICER NAME| SERIAL NO. ROLE BEAT AREA Lieutenant Kirk Coleman 7979 ROSUP BFO2 2 OFFICER NAME| SERIAL NO, ROLE BEAT AREA " $GT Todd Mork 8173 REV NET 2 Narrative On 6 May 12, at about 0003hrs., 1 was working 2L74, | was driving fully marked OPD Vehicle #1441. | was wearing a full OPD Uniform.| was assigned to Patrol, | was working as the District 4 supervisor. | responded to Highland Hospital on the report of an OPD Officer who had beenInvolvedIn an of ficer Involved shooting and had been shot, When | arrived at Highland Hospital | advised hospltalstaif that an officer was being transporte d to Highland Hospital wit i Approximately five minutes tater | observed a fully marked OPD vehicle driva Into th e emergencyparking Jat! ; aia Sos wee Ze |t appeared Officar Ma sso sustained a While medicalstaff was treating Offlcer Masso | took a public safaty statementfrom him.| asked Officer Massoif he remembered how many shots hefired from his flreearm and location. Offlcer Masso stated he shot three rounds from his firearm at 92nd Ave. and Birch St. in an easterly direction.| called Sgt. T, Mork and advised him who wasat the scene of the shooting . | directed Officer R. Brown and Officar R. Curtin to stay with Officer Massa while he wasbeing treated i nside of the hospital. | provided scene security at Highland Hospital untll relieved by Sgt. Mork. | did not use any force or observe any officer use force. | did net contact any witnesses. ' did not activate my PDRD. REPORTED BY SERIAL] BEAT AREA |SUPERVISOR SERIAL; REVIEWER SERIALSergeant Ross Tisdell 8039 DS5T4 2 Lieutenant Kirk Coleman 7978 SGT Todd Mork 8173ORI 00109 30A e e e Oakland Police Department 455 - 7th Street Oakland, CA 94607 Crime Report. PREMISE TYPE CAD INCIDENT RD ft Supplemental 06 MAY 12 0003 Sunday Highway/Road/Alley/Street/Stdewalk LOP4120506000009 12-021875 06 MAY 12 0003 Sunday ADDRESS / LOCATION AREA BEAT 08 MAY 42 0003 Sunday 90T 9200 Bk Of Birch St ST, Oakland, CA $4605 (At: Supplemental Report, Off. R. Curtin 8973P) 2 34X (CJ PHOTOS TAKEN {] PRINTS OBTAINED TECHNICIAN LOCATION TYPE: , | [] domestic VIOLENCE (C1 senior INVOLVED (C] GANG RELATED (D orucs INvoLvED OUTSIDE REPO! ' RTING AGENCY SOLVABILITY {—] Serious INJURY H IDENTIFIABLE SUSPECT EVIDENCE [[] m0 REquESTS INVEST. FACTORS SUSPECT IN CUSTODY SURVEILLANCE PHOTO [__} NAMED SUSPECT Highway/Road/Alley/StreetfSkdewalk OFFICER NAME | SERIAL NO. ROLE BEAT A REA Officer R Curtin 8973 RO 30X 2 OFFICER NAME| SERIAL NO. ‘ ROLE BEAT AR EA Sergeant J Encinlas 7615 . | ROSUP 3L75 2 OFFICER NAME| SERIAL NO, ROLE BEAT AREA SGT Jack Deollitle 8007 . REV 5A4 2 OFFICER NAME| SERIAL NO. R OLE BEAT AREA Officer R Brown 8967 ADO 30X 2 Narrative Supplemental: On 06May12 at approx O003Hrs | was working with Off. R, Brown 8967P. Wa were working as OP D patrol unit 3A30, wearingfull police uniform and driving marked patrol vehicle #1819. We responded to the 9200 Blk of Birch St to.ass ist Off. M. Masso 9059P who advised’ overthe radio that he was Involved In a shooting and signaled We responded to the scene and | did not knowif Off. M. Masso was still actively engaging the sus pectIn a gun fight. For this reason, | elected to deploy my servicerifle in a slung position, In front of my body. 1 walked towards Off, M. Masso and observed him with hls service pistol standing ifo a MB, laying on his back. I did not see the MB moving. Off. M. Masso appeared to be In pain and arm around Joulder-g) df. Oncein the hospitat, | stayed with Off, M. Masso until he was medically cleared, At approx 0115 hrs, | contacted Sgt. J, Doolittle 8007P and advised him of a use offorce that Off, R. Brown had. This wasthe earllest time that we could advise of the use of force because ofthe fact that we were helping an infured of ficer, See Off. Brown's supplemental REPORTED BY SERIAL] BEAT {AREA |SUPERVISOR SERIAL| REVIEWER - SERIALOfficer R Curtin 8973 30X 2 Sergeant J Encinjas 7615 SGT Jack Doolittle 8007ORI 00109 30B Page 1 ‘LexisNexis’ 1 of 1 DOCUMENT Copyright 2012 Los Angeles Times All Rights Reserved Los Angeles Times September 10, 2012 Monday HomeEdition SECTION: MAIN NEWS;Metro Desk; Part A; Pg. 1 LENGTH:1114 words HEADLINE: COLUMN ONE; Drivers have no beef with him; A traffic cop's bosses were surprised by what they didn't find when running a check of complaints from motorists. BYLINE:Robert Faturechi BODY: Along with meter maids and IRSauditors,traffic cops may be the public servants most reviled just for doing their jobs. So perhapsit's inevitable that even the best will get a few citizen complaintsfiled against them from time to time. But when Los Angeles Countysheriff's supervisors recently checked the numbers overthe last 20 years for one of their veteran traffic cops, what they found shocked them. The number of complaints? Zero. None. Nada. Deputy Elton Simmons' bosses say such a record is near-impossible, that even good cops can get a few a year. The hulking, black-booted Simmonsattributes his lack of complaints to showing simple respect. "Just treat people right, give a smile," Simmonssays. "It's never 'Do you know whyI stopped you?"It's 'Hey, how are you doing today?" Simmonsoriginally came to Califomia as a young man to work for HughesAircraft, but cop showslike "CHiPs" stoked his interest in becoming a motor deputy. "You'd see it on TV and I waslike 'I want to do that.’ " Now 53,his mustache graying, he's one of the department's most seasoned motorcops.Foryears, he's patrolled the streets of La Mirada, cracking down on bad drivers -- always careful, he says, to try to make doling out the costly moving violations as pleasantas possible. His easygoing manner wascultivated by an uncle back homein Louisiana, a pastor whoinstilled in Simmonsthe motto "Do good, be good,treat people good." Simmons says he thinks about that mantra every time he's parked in one of his hiding spots, waiting for the next vi- olator. "J tell the rookies, just do the right thing and you don't have to worry about too manythings,” he explains. Simmons’ approach,his bosses say, can keep what could be ugly moments undercontrol. The motor cop described recently pulling over a particularly frazzled young man for speeding. "He was shakinglike a leaf," Simmonsrecalled. 031 Page 2 He gave the youth sometime alone, meanwhile scanninghisdriver's license looking for small talk fodder. When Simmonsreturned to the car window,he changed the subject: "Yourlicense says you're 280," he told the driver, referring to his weight. "You're not 280." Almost immediately, the man about to be hit with a ticket was proudlytelling how he'd lost 100 pounds through a strict regimen of swimming and healthy eating. "All of a sudden the shakingis gone,” Simmonssaid at the station the next day. "Hestill got his ticket though, right?" his sergeantinterrupted. "Hestill got his ticket," Simmonssaid. Civil, he says of his style, but neversoft. Still, even his patience is sometimestested. One motorist he stopped fortalking on cellphonesaid he had one wish for the deputy: Gethit by a car. A lot of cops, one of Simmons’ bosses admitted, would have taken that remark as an invitation to tack on an extra infraction or two. Simmonschose to keep cool. "T said, "Well, if you're gonna make a wish,it's not gonna cometrue.' He's a human,I'm a human," hesaid. On a recent summer day, Simmons was hiding from the sun -- and passing motorists -- under a shade tree along a sprawling stretch of road in La Mirada. His black boots were plantedfirmly on the asphalt,a sheriff's black-and-white bike steadied in between. (One fact is evident: Motor copshaveto betall or else it's hard to keep their bikes balanced while idling.) Several motorists sped by, but Simmonswaited for an especially deserving one before pulling out. It was a very nervous 19-year-old named Ismael Natera. "T want you to slow down, OK?" Simmons warned in a fatherly way. Maybe it was because Natera was a teenager sweaty with nerves, or maybe it was because he waslate for work, but the youth got off with a warning. "I'll let you on your way," Simmonsdrawled. "He cut me someslack," Natera said afterward, growing even later to work but nevertheless willing to sing Simmons’ praises. "I've been pulled over before and some copshave... differentattitudes." Simmons’next target was a womanbehind the wheel of a shiny Lexus SUV. Legs spreadlikestilts, leaning casually into her window, Simmonswasnot so forgiving this time, tagging her with a ticket that would carry a hefty fine. This driver wasless inclined to praise Simmonsafterward. Capt. Patrick Maxwell said the deputy has long had a reputation at the Norwalk station as a squeaky clean mentor. But even with that, Maxwell said, he was shocked after reviewing Simmons’ personnel file recently. Maxwell confronted him: "When's the last time you had a complaint?” "I really don't know,” Simmonsresponded. Asit turned out, it was in 1992. The streak without a complaintis particularly surprising because grievances arise from any numberofperceived affronts, including rudeness, racism or simply onpolicycriticisms. And these days, complaints don't have to be made in person. Theycanbeshotoff online, making Simmons' recordall the more remarkable. His record aside, Simmonsinsists he is far from a pushover. He believestickets savelives. One womanhecited for driving without a seat belt ran into him years later. Simmons says she shookhis hand and thanked him because she had been in a wreck sometimelater and that time had herseatbelt on. Simmons acknowledgessparing drivers who seem to be in a genuinely bad place -- that teenagerlate to work or a frazzled woman recently who wason her cellphone because she was talking to her divorceattorney. But for drivers who offer up phony excuses, the deputy says he's unforgiving. 032 Page 3 Some commonpleas he hears: I'm not from the area ("which doesn't mean anything"), Somecar cut me off ("A lot of times drivers don't realize I've been watching; there wasn't another car") and I need to go to the bathroom ("So?"). A word to the wise, Simmonsadds: Slamming on your brakes when you drive by a motor cop with a speed gun also doesn't work. The devices detect speeds from more than a football field away. His favorite response whendrivers argue is to explain that they'll have their chanceto plead their case in court. This isn't meant to be snarky, he says -- sometimes he's wrong. Herecently pulled over a driver talking on an unusually fat phone. Though the motorist didn't argue during the stop, he did show up in court, where he explained to the judge that he had actually been talking on a Dictaphone. Whenthejudge asked Simmonsif he was sure the device was a cellphone, the deputy admitted he wasn't. "It did look kind ofthick to me," Simmons acknowledged. The driver explained that he hadn't protested at the time because Simmonshadpulled him over once before. The cop had been so courteous, the mansaid, that he didn't want to cause him anytrouble. robert.faturechi@latimes.com GRAPHIC: PHOTO: SHERIFF'S DEPUTYElton Simmonsaimshis laser at a speeding motorist in La Mirada. His advice: Don't think slamming on your brakes when yousee traffic cop will work; you're too late: The devices detect speeds from morethan a football field away. PHOTOGRAPHER:Brian van der Brug Los Angeles Times PHOTO: ELTON SIMMONSalwayshasa friendly greeting for the drivers he stops for violations. PHOTOGRAPHER:Brian van der Brug L.A. Times LOAD-DATE:September 10, 2012 033 Page 1 _® . LexisNexis” 1 of 1 DOCUMENT Copyright 2012 Los Angeles Times All Rights Reserved Los Angeles Times August 5, 2012 Sunday HomeEdition SECTION: MAIN NEWS;Metro Desk; Part A; Pg. 29 LENGTH:1115 words HEADLINE: CALIFORNIA; Official possibly hindered probe of jails; A deputy may have been told about an informant's allegations that he was working with skinheads. BYLINE: Robert Faturechi BODY: Aspart of an elite intelligence team, Los Angeles County sheriff's deputies Michael Rathbun and James Sexton turn inmates into informants, looking for tips on crimes and gangactivity inside the nation's largest jail system. Earlier this year, one of their informants offered up a bombshell: A fellow jail deputy was working as an operative for drug-smuggling, skinhead gangsters. Following protocol, the partners detailed the allegations in a direct memoto their boss, Lt. Greg Thompson,the head ofjailhouse intelligence. But what happened next stunned them. Thompsontold the deputy suspected of working with the skinheads about the memoand revealed to him the namesofthe confidential informant as well as those of Rathbun and Sexton, according to sources close to the case. The informant's allegations echoed those againstat least five jailers who have been convicted orfired in recent years overties to a thriving drug trade behind bars. But the way this confidential information was handled wasalso part of a pattern. The Sheriff's Department has been accused in recent months of weak investigations of deputy misconduct and a corrosive code ofsilence that hamstrings those investigations from the start. Lackofdiscretion Even more than mosttips, this one should have been handled discreetly, experts say. In the wrong hands,thein- formation was dangerous. Inmates who cooperate with police are violently targeted by fellow inmates. Deputies who report colleagues for misconduct can be ostracized. And, if the deputy suspected of smuggling contraband got wind ofthe tip, catching him in the act would becomenearly impossible. The Times has foundthat days after the informant's cover was allegedly blown, he was movedout ofprotective custody andsent forat least several hours into general population housing, where he was more vulnerable to retaliation, according to internal custody records. Sheriff's officials were unable to explain why he had been moved. 034 Page 2 The inmate was brought back into protective custody at the urgent pleading of Rathbun and Sexton, according to Rathbun's father, David -- a retired sheriff's official. A short time later, Sexton was confronted late one night in the em- ployee parking lot by anotherjailhouse intelligence deputy who warned that Sexton andhis partner had better keeptheir mouthsshut, David Rathbunsaid. David Rathbun, whoservedin the department for 35 years before retiring and is now areserve deputy, said that even he felt intimidated. On three occasions since his son was revealed as a'"snitch," he said, white supremacist pamphlets have been left outside his home. Sexton and Michael Rathbun have declined to comment. Sheriff Lee Baca also declined to discuss the situation, citing an ongoing probe. His spokesman, Steve Whitmore, refused to discuss specifics but said the department would take appropriate action. Thompsonis now the subject of an internal sheriff's investigation as a result of his alleged conduct. He declined to commentforthis story. According to the Feb. 9 memo written by Michael Rathbun and Sexton, a copy of which was obtained by The Times, the partners said they werealerted by the informantthat a jail deputy at Men's Central Jail had developed a closerela- tionship with a prisoner named Charles Reimer. The informant had given the deputies reliable information in the past and was deemedcredible by the pair. Skinhead gang Reimer, who wentby the moniker "Fritz," wasaffiliated with the San Fernando Valley Peckerwoods, a skinhead gang. He wielded considerable influence over white inmates, according to the memo, suchthat he had "ordered physical discipline” against other inmates from his cell. Nevertheless, the deputy allegedly bonded with Reimerovertattoo work, with the inmate offering to "hook him up" with free tattoos at a local parlor, one that also served as a hub forheroin sales, the memo states. According to the memo, Reimer gave the deputy the phone numberofa friend on the outside, a white supremacist gang member knownas "Pest." Reimer told the deputy that "Pest" would get him tattooed for free. However, the in- formant, according to the memo,said "Pest" was morethanjust a tattoo enthusiast: He was a drug dealer who smuggled dope behind bars through "individuals turning themselvesin for sentences or paroleviolations." "These smuggled narcoticsare then sold, with Reimerprofiting,” the memostates. Go-between Overtime, the informantalleged, the deputy became a go-between,passing messages between Reimerand "Pest," the memostates. On one occasion,the informantsaid he witnessed the deputy passing a small package, wrapped in brown paper, to Reimer. The informant admitted he wasn't sure what wasinside the package but said he would testify in court that he wit- nessed a hand-off, the memostates. According to sources, Rathbun and Sexton delivered their memo to Thompson. Allegations of serious criminal ac- tivity by deputies are expected to be forwarded directly to the sheriff's internal criminal division, which specializes in investigating deputies suspected of crimes. Those investigators will often use surprise sting operations to ensnare dirty cops. One deputy, for example, was recently caught in an undercoversting trying to smuggle a heroin-stuffed burrito behind bars. Thompsonallegedly revealed the contents of the memoto the accused deputy and askedhim if the allegations were true, according to sources who described the allegations against Thompson and asked for anonymity because they were not authorized to discuss an ongoing probe. Transferred 035 Page 3 Thompson wasrecently transferred to the narcotics division, which also handles sensitive informant information. He has since been moved again,to the sheriff's Temple Station. The inmate informant could not be reached. The Timesis withholding his name out of concern forhis safety. An employee at the tattoo shop said that "Pest" used to work there but was recently arrested andjailed. The deputy accused of working with the skinheads has been relieved of duty pending the ongoing probe. Michael Rathbunalso has been placed on leave in connection with an off-duty DUI incident. David Rathbunsaid the way the case was handled would makeit difficult to determine whether the accused deputy was guilty and would probably leave his son and Sexton ostracized within the department. "You'll be labeled as a snitch for the rest ofyour career. You becomea bit of a pariah," he said. "If you want people to cooperate, what you have to do is protect them. But the department doesn't help them oncethey do the right thing. They leave them out there to the wolves." robert.faturechi@latimes.com LOAD-DATE:August 5, 2012 036 Page 1 ‘LexisNexis’ 1 of 1 DOCUMENT Copyright 2011 Los Angeles Times All Rights Reserved Los Angeles Times November 13, 2011 Sunday Home Edition SECTION: MAIN NEWS;Metro Desk; Part A; Pg. 1 LENGTH:1353 words HEADLINE:Bacausedjail duty to punish deputies; Accused of misdeeds, they were transferred to keep them from the public, records show. BYLINE:Jack Leonard, Robert Faturechi BODY: Enrique Munoz's record includedallegations offraud, loan sharking and threatening to kill somebody when he was sent to Los Angeles County Jail for three years. But he wasn't there as an inmate. He was assigned to work thereas a jail deputy, part of his Sheriff's Depart- ment-sanctioned punishmentfor assorted misconduct. Foryears, the departmenttransferred problem deputies to the system's lockups as a way of keeping them from the public. Other deputies were allowed to remain workingin thejails after being convicted of crimes or found guilty of serious misconduct, according to confidential documents obtained by The Times. Among them was a deputy whobeata firefighter bloody and unconscious during an off-duty incident, and another whoauthorities said threatened to stab a bar bouncer. The backgrounds and conduct of deputies working in the jails have come underincreased scrutiny in recent weeks amid revelations that some employees have beaten inmates, smuggled in contrabandandfalsified reports. Although The Times found no evidencethat the punished deputies took part in such misconduct, the casesoffer a window into how the Sheriff's Department has managedits jails. They also offer more ammunition to critics who have called on Sheriff Lee Baca to use more experienced,better qualified deputiesin thejails. "This is shocking and a total aberration for the profession," said David Bennett, a criminal justice consultant who has been hired by jails aroundthe country. "What we have aspired to do is makecorrections a profession in and of itself -- not a dumping ground.... It's an insult to the profession." After The Times recently began inquiring about the transfers, the Sheriff's Department drafted a policy to ban moving deputies into the jails as a form ofpunishment. The department's watchdog, Michael Gennaco, first raised the issue two years ago,criticizing "disciplinary transfers” in a report that said it allowed problem deputies to influence younger deputies, whostart their careers in the jails. Gennaco said he believes that the department heededhis advice but did not begin to adopt a formalpolicy against the practice until now. 037 Page 2 In an interview, Baca acknowledgedthat the department moveddisciplined deputies to the jail to keep them from the public and assign them less challenging jobs than patrol. He said he ordered an endto thetransfers,telling captainsto take responsibility for their own problem employees. Baca blamed the county's Civil Service Commission in somecases for reinstating deputies the departmenttried to fire. Other employees were given second chances,hesaid, particularly for off-duty misconduct. "Someofthese people have rather good records of on-duty behavior," Baca said. It is unclear how manydeputies are working in the jails after having committed serious misconductor crimes. Dis- ciplinary records for law enforcement officers are confidential under state law. The Times learned the details of several cases in criminal court files and confidential internal documents. Richard A. Shinee, general counsel for the deputies’ union, said such transfers were rare but sometimes appropriate because deputies receive more intense supervisionin jail than on patrol. "A single incident ought not to define an em- ployee's career,” he said. He declined to commenton individual deputies’ cases. Brian Richards and Joshua Titel were custody deputies in June 2007 whenthey beat another man while off-duty, according to confidential disciplinary records. The men had beendrinking at the homesoftwo sheriff's supervisors one Saturday when they headed to the San Dimasresidence ofTitel's girlfriend, records show. When the deputies arrived, they discovered another man, Stephen Paige, who had dated Titel's girlfriend and was the father of her daughter. Paige told a sheriff's investigator that the deputies ran at him and slammedhis head so hard against his truck thatit madea dentin the vehicle. He was repeatedly struck and kicked while lying motionless until he lost consciousness, the disciplinary report said. An emergency room doctortold the grand jury that heard the case that Paige was covered in blood with injuriesto his face, knees and chest. The attack forced Paige, a La Vernefirefighter, to miss about six weeks of work, the report stated. The deputies initially alleged that Paige threw thefirst punch, but Titel later admitted that he lied about acting in self-defense, the report stated. The grand jury indicted RichardsandTitel, both 34, on a felony chargeofassault. In April 2009, the two men pleaded guilty to misdemeanor charges -- Richards to battery and Titel to assault. They were placed on three years’ probation. The Sheriff's Departmenttried to fire both but eventually agreed to a settlement. Richards was suspended for 30 days and kept his job; Titel was demoted to custody assistant but will have the chance to reapply to become a deputy. Richards is working in patrol. The departmentdealt in a similar fashion with another deputy, David Ortega, after he was charged with assaulting a bar security guard. In 2008, Ortega wasat the Slidebar in Fullerton when the bouncertold him and anotheroff-duty deputy that the bar was closing. Ortega yelled profanities, grabbed the bouncer's shirt and spat in his face, according to the Orange County district attorney's office. Ortega then threatened to stab the bouncer. Ortega was charged with misdemeanorcounts ofassault, battery, attempting to make a criminal threat and disturbing the peace. In April 2009, he pleaded no contest to disturbing the peace by fighting and was placed on probation. Ortega, 29, was demoted to custody assistant. In Munoz's case, the department hadtried to fire him on three occasions for misconduct. Each time, he successfully appealedhis termination. At least two ofthose times, the departmentresorted to transferring him to jail duty as part of his punishment, records show. In one case, Munoz wascaught using a confidential law enforcement database to check the status of his cousin's car, which had been impoundedby another deputy. Munozthen signed a fake nameto get the car released. In that case, he was moved to Men's CentralJail, according to records. Years later, he was accused of making death threats against an aspiring singer who refused to repay a loan. The womanalleged that he wanted $12,000 interest on a $10,000 loan. When she refused, she said, Munoz offered to forgive the interest in exchange for sex, accordingto a police report. 038 Page 3 After she refused, she told police that Munoz warned her, "Watch your back,I'm going to kill you unless you pay.” The investigation into herallegations, however,fell through when she stopped cooperating and he was never charged. In anothercase, sheriff's officials suspected that Munoz, who was home with a shoulderinjury, was committing workers' compensation fraud. They put him under surveillance and discovered he was operating a mobile tamale-selling business -- Enrique's Tamales, Munoz, whosaid he wastoo injured to work a desk job, was seen carrying a large tub of hot, foil-wrapped tamales into a local beauty salon while he was supposed to be at home recuperating. After he was caught, Munozallegedly told another deputy to spread a rumor that Munoz had "dirt" on sheriff's ex- ecutives, in hopes that they would drophis case. The department movedto fire Munozforinsubordination but he again was able to successfully appeal. He was suspendedinstead, and assigned three years of jail duty, accordingto records. Reached by The Times, Munozcalled the department's practice of sending problem deputies to the jail “fair" and a good wayto help deputies who have strayed. He denied making death threats, offering predatory loansortrying to blackmail his bosses. Even after his mandated three years on jail duty, Munozsaid, he choseto stay in custody work. Hesaid he's become a mentor to rookie deputies, whocal! him the "O.G. deputy,” short for "Original Gangster." "I've been a very goodinfluence," he said. jack.leonard@latimes.com robert.faturechi@latimes.com GRAPHIC: PHOTO: MEN'S CENTRAL:The backgrounds and conduct of deputies working in the L.A. County jail system have come underincreased scrutiny in recent weeks, PHOTOGRAPHER:Jay L. Clendenin Los Angeles Times LOAD-DATE:November13, 2011 039 Page I LexisNexis’ 1 of | DOCUMENT Copyright 2011 Los Angeles Times All Rights Reserved Los Angeles Times April 22, 2011 Friday Home Edition SECTION: MAIN NEWS;Metro Desk; Part A; Pg. 1 LENGTH:681 words HEADLINE:Tattootestifies to a murderer's crime BYLINE:Robert Faturechi BODY: The process wasroutine. L.A. County Sheriff's homicide investigator Kevin Lloyd wasflipping through snapshots of tattooed gang members. Then one caughthis attention. Inked on the pudgy chest of a young Pico Rivera gangster who had beenpicked up and released on a minor offense wasthe scene of a 2004liquor store slaying that had stum ped Lloyd for more than four years. Each key detail was right there: the Christmaslights that lined the roof of the liquor store where 23-year-old John Juarez was gunned down,the direction his body fell, the bowed street lamp across the way andthe street sign -- all under the chilling banner of RIVERA KILLS,a reference to the gang Rivera-13. Asif to seal the deal, below the collarbone of the gang member knownbythe alias "Chopper" was a miniature hel- icopter raining down bullets on the scene. Lloyd's discovery of the tattoo in 2008 launched a bizarre investigation that soon led to Anthony Garcia's arrest for the shooting. Then sheriff's detectives, posing as gang members, began talking to Garcia, 25, in his holding cell. They got a confession that this week led to a first-degree murder convictionin a killing investigators had onceall but given up hope of solving. For Lloyd, the image on the chestofthe delicate, doe-eyed gang member brought back a rush of memories. The snapshot wastaken inside the sheriff's Pico Riverastation after Garcia was arrested in a routine traffic stop and bookedon suspicion of driving with a suspendedlicense. Before they are released, suspected gang memberstypically are asked to removetheir shirts and have their tattoos photographedbygraffiti team deputies. Taggers often mark their own bodies with the same signatures they spray on buses and storefronts -- and eyewitnesses to crimes sometimes help close cases by recalling distinctive tattoos. Homicide Lt. Dave Dolson said gang membersfrequently get symbolic tattoos to bolster their street cred: three dots on the hand to signify " mi vida loca" ("my crazy life"), sketches of prisons where they've donetime, gang insignia prominently stenciled on their heads andtorsos. But a tattoo laying out a detailed picture of a crime scene is something far outside the norm."I haven't seen it before, and I haven't heard of anythinglike it either,” Dolson said. 040 Page 2 Garcia's tattoo shows a man with the body of a peanutbeinghit by bullets and falling back toward theliquorstore. In gangslang, the word "peanut"is used to derisively describe a rival gang member. Lloyd had been at the sceneofthe Pico Rivera killing as a station sergeant. After he recognizedit in the tattoo,the 30-year veteran called up the cold casefile. He pored over the crime scene photographs alongside the photos of Garcia's chest. He also droveto thesite ofthe slaying. "T worked Pico Rivera a lot of years, so I'm pretty familiar with that area," he said. "It was incredible." With the help of majorcrimes investigators, deputies found Garcialiving with relatives in La Habra. They arrested him and begansetting up a ruse to secure his conviction. A detective posing as a Los Angeles gang member who'd been arrested on attempted murder charges wasplaced in Garcia's Norwalk stationjail cell. He soon got Garcia talking, sheriff's investigators said. Garcia was proud, and he bragged about the shooting. He didn't know the conversation was being recorded and that it would soon be played for a jury. But perhapsit wasall bound to end upthis way, said Capt. M ike Parker. "Think about it. He tattooed his confession on his chest. You have a degree of fate with this," Parker said. "The de- tective who spotted it had been a Pico sergeant who went on to become a homicide sergeant. I never worked Picostation. I never would have recognized that Pico liquorstore." Investigators don't believe Garcia's elaborate tattoo was a rash decision. Photos from several bookings over the years show the muralon his chest evolving as he addeddetails to the tattooed murderscene -- until one day Lloyd saw them as a whole and somethingclicked. robert.faturechi@latimes.com GRAPHIC: PHOTO: INCRIMINATING:Thistattoo ofa liquor store slaying on the chest of gang member Anthony Garcia caughtthe attention of a homicide investigator. PHOTOGRAPHER:Los Angeles County Sheriff's Department PHOTO:SITE:John Juarez, 23, was gunned downat this Pico Rivera liquor store in 2004. A tattoo giving a detailed picture of a crimesceneis unusual, an investigatorsaid. PHOTOGRAPHER:Los Angeles County Sheriff's Department LOAD-DATE:April 22, 2011 041 Page 1 ‘LexisNexis® 3 of 3 DOCUMENTS Copyright 2008 Los Angeles Times All Rights Reserved Los Angeles Times December28, 2008 Sunday HomeEdition SECTION: MAIN NEWS;Metro Desk; Part A; Pg. 1 LENGTH:2308 words HEADLINE: A TIMES INVESTIGATION; Inglewood has a history of deadly force bypolice; Officers killed several unarmed suspects this decade, and training and review policies have raised eyebrows. BYLINE:Jack Leonard and Victoria Kim BODY: One summereveningin 2005, an Inglewoodpolice officer stood with his gun aimed at a schizophrenic man who had been stopped for drinking beer in public. The officer ordered Jule Dexter to put his hands on the hood ofthe policecar, but Dexter's baggy pants start ed slipping. "Please let me pull my pants up,” Dexter pleaded, according to a witness’ sworn testimony. "Don't move!"theofficer yelled. But Dexter, 27, reached to pull up his pants, witnesses said. Theofficer fired four shots into Dexter's back and head, killing him. Overthe last six years, Inglewoodpoliceofficers have repeatedly resorted to physical or deadly force against suspects who were unarmedoraccused of minoroffenses, a Timesinvestigation found. In the span of four months this year, Inglewoodofficers shot and killed four people,three ofthem unarmed. The Times' review of court documents, law enforcement records and interviews showsthat the problem is not new. * Five of the 11 people shot andkilled by Inglewood police since 2003 were unarmed. They include a man who fled whenofficers tried to stop him for riding his bicycle on a sidewalk. An officer said he fired when the man reached for a bulge near his waist, which turned outto be a rolled-up T-shirt. * Several officers -- including a training sergeant -- have complained about the department's policy on when to shoot and abouta lack of training. * To investigate shootings by police, the departmenthasassigned the vice presidentofthe Inglewood police officers’ union, which advocates for officers accused of wrongdoing, anda detective accused by a prosecutor of lying about his own off-duty shooting. * Two Inglewoodofficers were involvedin using electric Taser guns on unarmed suspects four times in five weeks -- including on one man's genitals -- prompting defense attorneysto call them the "Taser Twins." 042 Page 2 Earlier this year, the city hired consultants to review the department's training, policies and proceduresandinitiated a training program to improveofficers’tactics. InglewoodPolice Chief Jacqueline Seabrookssaid it was unfair to portray her officers as quick to pull the trigger or excessive in using force. In somecases,she said, police openedfire only after suspects stabbedofficers, shot at them or pointed gunsin their direction. The 195-member department responds to more than 130,000 calls each year, she said, usually without problemsor headlines. "Weinteract with people who are exceedingly violent andresistive to the lesser levels of force, and we don't always shoot them," said Seabrooks, who becamechieflast year. Inglewood officers have shot unarmed people they mistakenly believed posed a threat on six occasions, or a quarter ofall shootings by police since 2003. Two ofthose people were carrying toy weapons. Five died and one was wounded. On fourother occasions, officers opened fire at moving cars, a practice strongly discouraged by many police agencies,including Inglewood. "That's a lot of shootings in a smaller department,” said Geoffrey Alpert, a professor at the University of South Carolina whohashelped police agenciesdraft policies on the use of deadly force. "It raises a red flag.” Comparing officer shootings at different agenciesis difficult because ofvarying crime rates, demographics and force size. Few agencies keep readily available data on the circumstances surrounding such shootings. Nevertheless, statistics from nearby agencies suggest that Inglewood's numbersare high. Officers in the neighboring city of Hawthorne, for example, have shot andkilled one unarmedsuspect since 2003. Hawthorne, which hasa crimerate similar to Inglewood's, has half as manypolice officers and four-fifths the population of Inglewood. A report by the Los Angeles County Sheriff's Department -- which patrols an area with a population more than 20 timeslarger than Inglewood's -- showsthat deputies have killed fewer unarmed people than have Inglewood police since 2005. "He wasreal gentle, real kind’ Jule Dexterbattled his share of problems.Hestruggled with a drug addiction, and in 2004 his mother sought a restraining order against him, accusing him of pushing herand stealing from her garage. But when sober, Dexter wasa joy to be around,said his aunt Patricia Hayes. "He was a big kid, but he was real gentle, real kind,” she said. A month before his death, Hayes said, Dexter completed a drug rehabilitation program and told her he was determined to provide for his 3-year-old son, whose name was tattooed on Dexter's right arm. But by the night of June 6, 2005, Dexter was using cocaine once again, according to toxicology tests by coro ner's officials. Just after 6 p.m. he wasstanding outside an Inglewoodliquorstore with some friends when an unmarkedpolice car pulled up. Officer Jose Estrada and Det. Louie Johnsonofthe city's gang detail approached Dexter's group. What happened nextis in dispute. Estrada told investigators that Dexter was slow to take his handsout ofhis pockets and seemed to fumble with what Estrada feared was a weapon. But witnesses told authorities that Dexter moved his handto pull up his pants. In a wrongful-death lawsuit brought by Dexter's family, Earnestine Baldwin, a bystander,testified that she heard Dexter repeatedly beg the officer to let him pull up his pants. The city paid $725,000 to settle the lawsuit. "T realize they can be afraid. But they're supposedto bethe skilled ones,” said Hayes, a bank vice president. "What gave them therightto kill my nephew? Whereis the justice?" 043 Page 3 The district attorney's office decided notto file criminal charges against Estrada, concluding that he reasonably believed that Dexter was preparing to pull a gun and shoot him. A panel of three Inglewoodpolice captains decided 2 to 1 that Estrada had not violated the department's deadly- force policies. But then-Chief Julius I. Davis disagreed and suspended Estrada for 16 days. Estrada appealed, complaining that he was not trained properly. He has asked a Los Angeles court to throw out the department's deadly-force policy because it is confusing. KentonFerrin,then Estrada's training sergeant, testified during Estrada’s disciplinary appeal that the policy is confusing to officers. The department never ordered additional training for Estrada after the shooting, according to legal documentsfiled by his attorney. Seabrookssaid she believed the policy was clear, but added that it was being updated to make it moreprecise. Investigating their own officers Like many police agencies, Inglewood entrusts the job of investigating officer-involved shootingsto its own homicide detectives. Their work is reviewed bythe district attorney's office. In recent years, the detectives assigned to such shootings have included Loyd Waters, vice president and former president of the Inglewood Police Assn. Seabrooks, a former Santa Monicapolice captain, said she saw nothing wrong with a unionofficial investigating officer-involved shootings, saying it is not unusual in smaller police departments. But Bill Geller, an Illinois-based public safety consultant and nationally recognized expert in police shootings, described it as a conflict of interest. Police union officials, he said, advocate for their members,but investigators must objectively review the facts of a shooting evenif an officeris at fault. "That seemsto mereally foolish," Geller said. "The departmentis needlessly risking its reputation for integrity and objectivity by doing this." Anotherdetective assigned to probe recent officer-involved shootings is Willard SalmonJr., a 12-year department veteran. In 2002, Los Angeles police were called to the parking lot of Dodger Stadium after Salmon, while off duty, shot and wounded paroled carjacker after a game. Salmontold police that he fired in self-defense after the man attacked him with a beer bottle. But Deputy Dist. Atty. Max Huntsman concluded that Salmon's account was "not credible." Two groups of independent witnesses, he wrote in a memo,told police that Salmon wasn't attacked and that he andhis girlfriend hunted forthe shell casing and removed it before Los Angeles Police Departmentofficers arrived. "This behavior supports the conclusion that Salmon felt he had acted improperly and removed the evidence in the brief hope that he might be able to keep himself from being identified," Huntsman wrote. The prosecutoralso faulted the Inglewoodpolice internal affairs investigators for failing to give Salmon an alcohol breath test until eight hours after the shooting. Huntsman optednotto file charges against Salmon, deciding that a jury would not belikely to convict him given his claim ofself-defense. Seabrooks said the department's internal investigation cleared Salmon of wrongdoing and that the agency has received no complaints about his work as a detective. Salmonsaid he wasassigned to the homicide unit about 18 months ago. "T don't think, if they had issues with the shooting or questions about the shooting, they would have put mein the position to investigate officer-involved shootings," Salmonsaid in a briefinterview. 044 Page 4 Last year Salmon wasthe lead detective investigating the police shooting of an unarmed man, Richard Ray Tyson, according to coroner's records. Tyson, 20, was riding his bicycle on the sidewalk when twoofficers recognized him as an alleged gang member and tried to stop him. Tysonfled, leading the officers on a foot chase until he was cornered in a residential backyard. Officer Zerai Massey told investigators that Tyson ignored orders to show his hands and moved them toward his waistband. Masseyfired six rounds, hitting Tyson's back andtorso. The officer told investigators that he believed Tyson was armed with a gun. No weapon wasfound on Tyson. Instead, officers discovered a rolled-up T-shirt stuffed in his sweatshirt's front pocket. Thedistrict attorney's office found that the officer had acted "in lawful self-defense." Tyson's family has filed a wrongful-death lawsuit againstthecity, alleging that the shooting was unjustified and the investigation inadequate. Asfallout faded,moreuse of force In 2002, Inglewoodfounditself in the national spotlight when a white officer was caught on videotape punching a black teenager and slamming him ontothe trunk of a police car. The city installed video cameras in patrol cars, required sensitivity training for officers and set up a panelof citizens to review complaints against the police. But as the fallout from that episode faded, Inglewoodofficers have continuedto resort to force, including Tasers, on unarmed or handcuffed suspects. The city settled two lawsuits this year with residents who claimed officers shocked them with Tasers as a punishmentrather than to subdue them. One woman alleged that officers shot her with a Taser twice after she kicked out a patrol car's rear window while handcuffed and hyperventilating in the back seat. After shocking her, she claimed, the officers asked, "Did youlike that?" She collected $95,000. A man whoclaimed a sergeant stunned him with a Taser at the police station and said it wasforbiting an officer was paid $55,000. "It seems there is verylittle discipline there,” said his attorney, Gary Casselman. Just how often Inglewood officers deploy their Tasers is unknown. A police spokesmansaid the department does not keep track ofTaser incidents. But in 2005, deputy public defenders noticed a pattern of complaints by clients who said they were shot with Tasers by Inglewood cops. Twoofficers stood out. During one five-week period that year, four people complained that they had been shocked by Officers Eduardo Sanchez and Rafael Rodriguez. Defense attorneys gave them the nickname "Taser Twins.” "They seemed to be immature andpoorly trained officers," said John Raphling, a former deputy public defender nowin private practice. "They seemed to be operating with very little supervision." Among those shocked by the pair was Clarence Williams, whom the officers arrested on suspicion of public drunkenness. At the city jail, Rodriguez and Sanchez,along with a third officer, took Williams to a room to be strip-searched. Sanchez wrote ina report that Williams becamebelligerent as he got undressed. Sanchez wrote that Williams, 5 feet 7 and about 160 pounds,took a step toward Rodriguez with his fists clenched. Sanchez said he shot Williams with the Taser, striking him in the genitals and stomach. Hesaid he usedthe electric current three times before Williams calmed down. The department's policy prohibits officers from firing Tasers at a suspect's genitals. Williams, 42, told The Timesthat the officers attacked him without provocation while he was naked andstarting to pull his pants up. Lt. Mike McBride said supervisors concluded that Williams wasstruck unintentionally in the genitals and that officers otherwise used appropriate force. 045 Page 5 Hesaid Sanchez resigned last year during an unrelated internal affairs investigation into alleged misconduct, including making false statements. Rodriguez was fired around the same time. McBride declined to detail why, citing Rodriguez's pending disciplinary appeal. The officers could not be reached for comment. Williams said of the Taser: "It was like pure electricity going through myentire body." Getting shot in the genitals, he said, caused "excruciating pain.” jackleonard@latimes.com victoria.k im@latimes.com 0 Unarmedsuspects fatally shot by police Inglewoodpolice officers have shot and killed five unarmed suspects since 2003. One suspect, Eddie Felix Franco, wascarrying a realistic-looking toy gun. JULE DEXTERIII Shooting: June 6, 2005 Age: 27 RICHARD RAY TYSON Shooting: May 9, 2007 Age: 20 MICHAEL BYOUNE Shooting: May 11, 2008 Age: 19 RUBEN ORTEGA Shooting: July 1, 2008 Age: 23 EDDIE FELIX FRANCO Shooting: Aug. 31, 2008 Age: 56 GRAPHIC: PHOTO: SHOOTING:Investigators in August examine the scene where Inglewoodpolicekilled a homeless man after a witness reported seeing him with a gun. It turned out to be a toy. PHOTOGRAPHER:Anne Cusack Los Angeles Times PHOTO: FUNERAL:Friends and family grieve Michael Byoune, 19, who waskilled in Mayby police who fired at the car he was in. He was unarmed. PHOTOGRAPHER:Luis Sinco Los Angeles Times PHOTO: PAINFUL SOUND:Mercedes Elzy and her son, John Benoit Jr., listen to a 911 tape at an Inglewood Police Department newsconference detailing the fatal shooting of her cousin, Michael Byoune. PHOTOGRAPHER:Gary Friedman Los Angeles Times PHOTO:(Bulldog Edition) UPSET:In the wake ofthree fatal shootings, protesters in July march in Inglewood,calling for an outside probeinto allegations of misconduct by the Police Department. PHOTOGRAPHER:Jay L. Clendenin Los Angeles Times PHOTO:(no caption) PHOTOGRAPHER: PHOTO:(no caption) PHOTOGRAPHER: PHOTO:(no caption) PHOTOGRAPHER: PHOTO:(no caption) PHOTOGRAPHER: PHOTO:(no caption) PHOTOGRAPHER: LOAD-DATE:December28, 2008 046 Page 1 LexisNexis” 1 of 1 DOCUMENT Copyright 2008 Los Angeles Times All Rights Reserved Los Angeles Times September6, 2008 Saturday HomeEdition SECTION: CALIFORNIA;Metro Desk; Part B; Pg. 3 LENGTH:735 words HEADLINE:Inglewoodofficers identified; Eight are namedin the fatal shooting of a homeless man. BYLINE:Jack Leonard and Ari Bloomekatz, Times Staff Writers BODY: After days of delay, Inglewoodpolice officials on Friday identified the eight officers involved in last weekend's fatal shooting of a homeless man who had a toy gun in his waistband. All ofthe officers have been placed on administrative leave pending the results of an internal investigation into the shooting,police officials said. They will also be required to undergo "supplementaltraining" before being allowed back into field assignments. Those identified were: Officers Max Koffman, a 17-year police veteran; Loren Robinson, a 10 1/2-year veteran; John Baca, an eight-year veteran; Caroline Amezcua, a five-year veteran; Christopher Anderson, a one-year veteran; Ryan Green, a one-year veteran; Zerai Massey, a5 1/2-year veteran; and Sgt. Matt Hart, a 20-yearveteran. The officers fired as many as 47 rounds at Eddie Felix Franco on Sunday after he appeared to go for a gun in his waistband, police said. The object turned outto be a realistic-looking toy gun, police said. Franco's death was the fourth fatal shooting by Inglewoodpolice in as many months. Three ofthe four killed were unarmed,police said. ChiefJacqueline Seabrooks drew criticism this week for failing to publicly address the shootingor to release details quickly. When she spoke out Thursday, four days after the shooting, she said she withheld the officers' names so that investigators could make certain they knew whichofficers at the scene had fired their weapons. Amongthe department's recentcritics, Donald Nicholson, vice chairman ofthe city's citizen police oversight commission,said that releasing the officers’ names was "a step in the right direction." "Changestarts from the bottom up and not the top down," Nicholsonsaid. "I think our city government, ourcity administrators are reacting to the community asking for information." Police said that none ofthe officers involved in Franco's shooting participated in the three other shootings,the first of which occurred in May. Twoofthe officers, however, were involved in other fatal shootings in recent years, according to law enforcement records reviewed by The Times. In May 2007, Massey shot and killed an unarmed man, Richard Tyson, records show. 047 Page 2 According to a memoby the Los Angeles County district attorney's office, Massey and anotherofficer had seen Tysonriding a bicycle on the sidewalk and ordered him to stop. The officers recognized Tyson as a gang member, the memosaid, and later told investigators they saw him reach for a bulge in his waistband and believed they saw a gun. After a chase, Massey found him hiding behind a bush. Theofficer said he shouted at Tyson to stay on the ground and showhis hands, but Tyson advanced toward him and movedhis hands toward his waistband andstarted to tuck them into his sweat shirt. Masseyfired six shots,hitting him in several places, including his back and torso. No weapon was found on Tyson.Instead, officers discovered a packaged T-shirt in the front center pocket ofhis sweat shirt. Tyson's family has filed a wrongful death lawsuit against Massey and the Inglewood Police Department, alleging that the shooting was unprovoked. In April, prosecutors declined to file criminal charges against Massey, concluding that Tyson's actions were "consistent with a person who was armed and dangerous"and that the officer's "response with deadly force was reasonable under the circumstances.” In a January 2004 shooting, Koffman was amongnineofficers who gunned down Robert Michael Robbinsin the parking lot of a motel. District attorney's records show that Robbins was wanted in a double slaying in Ventura County that occurred a year earlier. Sheriff's homicide detectives there sought the help of Inglewoodpolice to arrest Robbins and warned officers that he was probably armed. The officers attemptedto arrest Robbinsas heleft the motel and climbed into his GMC Yukon. They openedfire when Robbinsreversed the vehicle toward officers. After one volley of shots, an officer repeatedly said, “He'sstill moving!" and officers opened fire again. Robbins was struck three timesin the head. A district attorney memo makes no mention of a weapon being found on Robbins. But prosecutors concluded Koffman and otherofficers "fired their weaponsin self-defense and the defense of each other." jack.leonard@latimes.com ari.bloomekatz@latimes.com Timesstaff writer Victoria Kim contributedto this report. LOAD-DATE:September6, 2008 048 Page 1 LexisNexis” 1 of 1 DOCUMENT Copyright 2008 Los Angeles Times All Rights Reserved Los Angeles Times February 2, 2008 Saturday Home Edition SECTION: CALIFORNIA;Metro Desk;Part B; Pg. 1 LENGTH:670 words HEADLINE:Convicted cop hired as police chief; Maywoodhires the ex-LAPDofficer over opposition from the rank andfile and the city's attorney. BYLINE: Matt Lait, Times Staff Writer BODY: A man whowasconvicted oftheft and resigned from the Los Angeles Police Department washired Friday night as the interim chief of the MaywoodPolice Department, an agency that has a reputation as a haven for misfit and criminal cops. Despite fierce opposition from some rank-and-file officers and the city’s own attorney, Al Hutchings wasselected for the position by the MaywoodCity Council in a 3-2 vote at a special meeting. Hutchings’ unlikely ascension to the job comes amid ongoing investigations by state and local authorities into alle- gationsofpolice corruption and brutality in Maywood. The move stunned many city residents who viewedhis consideration as another setback for the troubled Police Department, which patrols a gritty square-mile city south of downtown Los Angeles. Last year, a Times investigation into Maywoodfoundthat at least a third of the officers on the force had eitherleft other police jobs under a cloud or had brushes with the law while working for Maywood.Several officers in recent years left Maywoodafter being convicted of crimes. Hutchings was one officer who washired at Maywood in 2006despite a checkeredpast. Court records show that he had pleaded no contest to bilking the LAPD for bogus overtime pay while he was anof- ficer. He has since received a court order expunginghis record. In an interview, Hutchings said that all of the overtime he worked was approved by a supervisorbutthat he entered the plea so as to quickly dispose ofthe case, whichhesaid wasfiled in retaliation for reporting misconduct against a high ranking-LAPDofficial. Hutchings was also fired from Los Angeles Valley College in 2005, where he workedas a pro- fessor and was terminated for acts of dishonesty. When Hutchings joined the Maywood Police Department, he said he found that many of his fellow officers were brutal, racist and corrupt. He cast himself as a whistle-blower, working to expose problems at the department. Before his probationary year was finished, however, Hutchings was accused of misconduct ofhis own.Police and city officials said he agreed to resign from the Police Department after he was allegedly videotaped having an on-duty liaison with the female owner of a doughnut shop. 049 Page 2 Hutchings, 45, has said the allegation was fabricated "to blackmail me into stopping the work that I was doing." He said he voluntarily left the department last summer. In an interview hours before he was hired, Hutchings said Maywood Police Department was a dysfunctional agency with incompetent officers and that he hoped to "shut the place down and bring in the Sheriffs Department." Hesaid he would donate his salary to the Catholic church and to people who had been victimized by Maywoodof- ficers. Hutchings replaces another interim chief who was convicted of beating his girlfriend and resigned from the El Monte Police Department before being hired at Maywood.That chief's conviction was overturned on appeal, and he wasulti- mately convicted of a lesser charge of making a verbalthreat. Known among law enforcementcircles as a department of "second chances," Maywood Police Departmentis one of nearly 50 independentpolice agencies in Los Angeles County. The department, whose officers are mainly white and Latino, serves a densely populated city ofroughly 30,000 that is 96% Latino. Hutchings' return to the force, for a three-month period pending a search for a permanentchief, has outraged other Maywoodofficers. In a letter to city leaders, the president of the Maywood Police Officer Assn. said Hutchings had "displayeda total lack of integrity and honesty in his career as a police officer.” Somecity residents questioned why City Council members would take on an interim chief with baggage. MayorFelipe Aguirre, prior to Friday's vote, said he supported Hutchings because he believed he was an honest man who would reform the department. "Nobody has the courageto clean this place up," he said. "We need to hire someone whocanrightthis department." matt.lait@latimes.com LOAD-DATE:February 2, 2008 050 Page 1 p LexisNexis’ 1 of 1 DOCUMENT Copyright 2007 Los Angeles Times All Rights Reserved Los Angeles Times March8, 2007 Thursday HomeEdition SECTION: CALIFORNIA;Metro; Metro Desk; Part B; Pg. 1 LENGTH: 1316 words HEADLINE:An honoroverdue; Officer Walter Kesterson was shot and killed while on duty in 1946. Sixty-one years later, he's up for the LAPD's highest award, the Medal of Valor. BYLINE: Matt Lait, Times Staff Writer BODY: Ata movietheaterthat no longerexists, on street since renamed,several gun-toting bandits robbed a teenage cashier of $90. Althoughthe crime was nothing spectacular, the outcometragically was. It was Feb. 4, 1946, shortly after 9 p.m., when LAPD Officer Walter Kesterson’s car radio squawked with newsofthe stickup. He and his partner, dressed in plain clothes, were working a crime suppression detail around the Los Angeles Coliseum,nearthe heist. As they cruised the neighborhood, they saw two men matchingthe suspects’ descriptionsat the corner of43rd Place and Avalon Boulevard. Suspicious, they quickly brought the unmarked patrol car to a stop and Kesterson jumped out. Hebarely had a chanceto call out that he was a cop when onesuspectpulled a .38-caliber handgun from his jacket and shotthe 51-year-old officer squarely in the chest. Kesterson returnedfire, killing his assailant and the other armed bandit, who, detectives later learned, had slain a Vernonpolice officer two weeksearlier. "Things happened so fast that by the time I was out ofthecar,all three men were on the ground," Officer E.W. Patrick told reporters the night of the shooting. One news accountsaid Kesterson managedto stumble back to the squadcar, wherehe collapsed acrossthe front seat anddied. Kesterson's courage underfire soon became legendary in the annals of the Los Angeles Police Department. He was the first officer from the heralded Metropolitan Division to bekilled in the line of duty. His picture hangs on a wall of division headquarters and an award for bravery is named in his honor. But the department didn't award him its highest honor, the Medal of Valor. Records show no such medals were given to any officer between 1936 and 1952. The reason is a mystery, LAPDhistorianssay. This spring, departmentofficials hope to remedy the oversight and award Kesterson the MedalofValor,61 years after his death. The Los Angeles Police Commissionstill must vote on the commendation, whichit is expected to do within the next couple of weeks.If it is approved, Kesterson's 78-year-old nephew will fly in from Colorado to acceptthe award. "There's no statute oflimitation on heroism," said Scott Kroeber, a Metro Division captain whoinitiated the effort to honor Kesterson two years ago whenheread a Los Angeles Police Historical Society article, which noted that Kesterson 051 Page 2 did not receive the commendation. "He's part of the legend and lore of Metro. We don't glorify violence, but we do honor courage.” A review ofpolice records and news accounts from the time provide a snapshot of post-World War II Los Angeles andits police force. It was an era of supposed police reform marred by a vice scandal in which officers took protection moneyfrom prostitutes. Minority residents often were randomly -- and with little cause -- swept up and takento the station for interrogation. In those days, reporters and police worked hand in glove. Just a couple of years earlier, news scribes carried " press badges" that were nearly indistinguishable from the officers' shields. Their cars often lookedlike police cruisers. Onthe night of Kesterson's shooting, reporters walked the crime scene with the cops. They were with officers when Kesterson's wife received the horrible news about her husband. A photographer from the old Los Angeles Daily News captured her reaction on film. They were also there when she pulled back the sheet and identified her husband's body. "Oh, Walter," she reportedly cried. The day after the shooting, Police ChiefClemenceB.Horrall told reporters that the city had been “invaded by lot of dangerouscharacters." He ordered hisofficers to "use every means necessary to safeguard[their] lives while investigating suspicious persons." The Los Angeles Times published an editorial supporting the chief's tough talk and railing against the "champions of civil liberties" who wanted officers to confront the dangers of the streets with their guns holstered. Those who knew Kesterson praised his 18-year commitment to police work. In the Historical Society article that Kroeberread, the author-- former Officer John "Two Gun" Powers-- called Kesterson "a quiet and competent officer who knew howto get along with everyone,not only his brother officers but also the people he put in jail.” Powers, who died in 2002, said Kesterson trained him when he wasfirst assigned to Metropolitan Division, which was also knownas the Reserve Unit becauseits officers would movefrom area to areato fight crime throughoutthecity. Frequently, Powers said, that meant working on skid row with its "cheap hotels, flophouses, missions, all-night movies, pawn shops, liquor stores, cheap restaurants and cheaper bars." The denizens of skid row, Powers wrote, were "winos,thieves, hustlers, drunk rollers, strong-arm robbers and ex-convicts, as well as ... working men between jobs or downontheir luck." Kesterson, he said, knew how to handle themall. "Someofficers madea lot of arrests but had an equal numberofaltercations. Kesterson made as manyarrests as anyone but never had any trouble," Powers wrote. "He looked like he was carved out of granite. He wasall business, didn't raise his voice and didn't use any derogatory expressions.I wasfortunate to be assigned with him." Accordingto police records, the two men whom Kesterson killed -- Nathaniel Cooper, 22, and Gus Boyd, 20 -- were linked to at least 25 strong-arm robberies in addition to the Jan. 24, 1946, death of Vernon Police Officer Richard Pen- nington. In the Pennington case, the motorcycle officer pulled the two men overafter the driver failed to stop at a signal. Suspecting the driver and his passenger were drunk, the officer directed them to drive to the Vernon police station, where he was goingto arrest them. Whenthey arrived, Boyd got out of the car and fatally shot Pennington in the chest and head. In the ensuing manhuntforthekiller, records show, police rounded up numerous African American suspects for questioning. Boyd and Cooper, however, eluded the dragnet. Their "reign ofterror," as a Los Angeles Timesarticle described it, ended shortly after the holdup of the Allena Theatre on Santa Barbara Avenue, now Martin Luther King Jr. Boulevard. In the confrontation with Kesterson, Cooper was the one whoshotthe officer "without warning," Patrick, the partner, told reporters on the night of the shooting. ‘ "Before I could get to Kesterson's aid, I saw both Cooper and Boyd pitch forward on their face," Patrick said. "Kesterson staggered to the side of the police car, opened the front door and fell across theseat." 052 Page 3 News accounts and police records differ on whether Boyd had a chanceto arm himself before Kesterson shot him. Some say he was reaching for, or holding onto, his weapon when he was mortally injured. One article, however, quoted Patrick as saying Boyd "was caughtin the crossfire" and "never had a chanceto pull his revolver." After the shooting, an LAPD ballistics expert identified Boyd's .38-caliber handgun as the one used to kill Pen- nington. The movie theater cashier identified B oyd and Cooperas two ofthe three men whorobbedherat thetheater. Norman Tomlinson was 17 whenhis uncle diedin the line of duty. Living in Colorado, Tomlinsonsaid herarely saw Kesterson. But he remembered his towering presence whenhe visited five years before his death. "He wasa big man, a tough-looking guy whoreally impressed me," said Tomlinson, whose mother gave him the middle name Walter in honor ofher brother. "I remember he and my dad were out at a picnic table in the backyard andI just sat there and watched andlistened." Because Kesterson and his wife had no children, Tomlinsonis the relative who will accept the Medal ofValor, should it be awarded. "This is a fantastic thing,” he said. "I'm really just overwhelmed." mattlait@latimes.com GRAPHIC: PHOTO: WITNESS: Carmen McMahon,left, later identified the two assailants killed by Kesterson as the men whoheld up the Allena Theatre, where she worked as a cashier. PHOTO: FAMILY:Reporters were on hand when Kesterson's wife, Peggy,left, identified his body after the shooting. "Oh, Walter,” she reportedly cried. The Kestersons had no children. PHOTO: SHOOTING SCENE:Kesterson had stopped two men matching the description of robbery suspects. One of them fired at him. He returnedfire, killing both. PHOTOGRAPHER:Los Angeles Police Department PHOTO: LEGEND:Kesterson,center, is famous in the department for his courage underfire. An award for bravery is namedin his honor, but he never won the Medal of Valor. PHOTOGRAPHER:Los Angeles Police Department PHOTO: BROTHER OFFICERS: LAPD Metro Division Capt. Scott Kroeber, left, read an account of the heroism of Officer Walter Kesterson in 2005 and begantheeffort to honor him. Kesterson wasthefirst officer in Metro Division to die in the line of duty. PHOTOGRAPHER:Wally Skalij Los Angeles Times LOAD-DATE:March8, 2007 053 Page 1 LexisNexis” 1 of 1 DOCUMENT Copyright 2007 Los Angeles Times All Rights Reserved Los Angeles Times February 8, 2007 Thursday HomeEdition SECTION: CALIFORNIA; Metro; Metro Desk; Part B; Pg. 4 LENGTH:658 words HEADLINE:Supervisors, Sheriff Baca urge reopening disciplinary hearings BYLINE: Matt Lait, Times Staff Writer BODY: In response to growing secrecy surrounding police misconduct, the Los Angeles County Board of Supervisors on Wednesday urged the Civil Service Commission to stop excluding thesheriff's civilian watchdog from deputy discipli- nary hearings. The commission in Novemberbarred attorneys from the Office of Independent Review -- and all other members of the public -- from attending the previously open hearings, citing a state Supreme Court ruling last summerthat restricted access to law enforcement personnel records. Michael Gennaco,the head ofthe Office of Independent Re view for the Sheriff's Department, protested the com- mission's decision, saying it underminedhisability to keep tabs on discipline and deprived the public ofcrucial infor- mation about police accountability. In a letter to the commission Wednesday, the county's top lawyersaid supervisors and Sheriff Lee Baca supported Gennaco's inclusionin the process. County Counsel Raymond G.FortnerJr. said the California Supreme Court's ruling in Copley Press Inc. vs. Superior Court of San Diego County doesnot require the closure of commission hearings. He arguedthat attorneys from Gennaco's office already had "full and complete access" to Sheriff's Department personnel records and were professionally bound to keep such information confidential. "Thereis, I respectfully submit, no basis for the exclusion of any attorneys for the county, whose duties andre- sponsibilities involve them in the center of these proceedings," Fortner wrote. In a separate letter to the commission last month, Baca also requested that Gennaco and hisstaff be allowedtosit in on the hearings. Gennaco'soffice "plays an essential role in ensuring that those investigations are thorough and fair and that the investigative outcomesare principled," Baca wrote. An attorney for the deputies’ union has objected to the civilian watchdog's presence at the hearings, saying such in- dependent observers have no standing in the proceedings. The ruling in the Copley case has had ramifications throughout law enforcement. For example, the Los Angeles Po- lice Departmentrecently closedits disciplinary hearings to the public. Last month, after the disciplinary panel secretly cleared an officer ofmisconduct in the controversial shooting of a 13-year-old boy, the Police Commission, ChiefWilliam J. Bratton and Mayor Antonio Villaraigosa called for new legislation that would reopen hearings. State Sen. Gloria Romero (D-Los Angeles) has agreed to sponsorsuchlegislation. 054 Page 2 Gennaco's conflict with the Civil Service Commission arose last year when an attorney from his office tried to attend the disciplinary hearing of Deputy Frank Rothe, who received a 25-day suspension for participating in an off-duty bar fight in which he wasaccused ofstriking another patron, lying to investigators and trying to interfere with a witness. Rothe appealed. After the recent Supreme Court ruling, the commission sealed all documents in connection with appeals by sheriff's deputies. Rothe's attorney also successfully argued that Gennaco andhis staff should be excluded from the hearings. Civil service commissioners are responsible for hearing the appeals of deputies who believe they were improperly disciplined by the department. The commission hired an attorney last year to advise it on the matter and wastold that Gennaco's office should be included in the closed-door meetings only if it served an "official" or "essential" role in the process. Z. Greg Kahwajian, president of the Civil Service Commission, said the panel would review the requests from the Board of Supervisors and the sheriff and revisit the matter at its meeting next week. Kahwajian, however, seemed per- turbed that neither the sheriff, county counsel nor the board had raised their concerns when the commission debated the issue in November. He said those parties had ample time to weigh in back then, but remained silent. matt.lait@latimes.com GRAPHIC: PHOTO: SHERIFF: Lee Baca backs allowing civilian overseer to attend disciplinary hearings. PHO- TOGRAPHER:Myung J. Chun Los Angeles Times LOAD-DATE:February 8, 2007 055 Page 1 LexisNexis” 2 of 2 DOCUMENTS Copyright 2007 Los Angeles Times All Rights Reserved Los Angeles Times January 11, 2007 Thursday HomeEdition SECTION: CALIFORNIA; Metro; Metro Desk; Part B; Pg. 1 LENGTH: 1182 words HEADLINE:Ruling in teen's killing spurs outcry; LAPDpanel's secret decision to exonerate the officer who shot Devin Brownbringscalls for public access to disciplinary hearings. BYLINE: Matt Lait and Steve Hymon, Times Staff Writers BODY: Angered by an administrative panel's secret decision not to punish the Los Angeles Police Department officer who fatally shot a 13-year-old boy, City Council members and community leaders called Wednesday forincreasing civilian oversight of misconduct cases and reopening them to public scrutiny. "People are always going to have different views on how cops should be punished for shootings, butall the facts should be out in the open and there ought to be accountability for the ultimate decision-makers," said Councilman Jack Weiss, head of the city's Public Safety Committee. Weiss said he would hold a joint hearing with the Police Commission in upcoming weeks to discuss ways to make LAPDdiscipline " more transparent." Othercity officials, including Mayor Antonio Villaraigosa, also said they were disap pointed to learn that an internal LAPDdisciplinary panel meeting held behind closed doors this week rejected the civilian Police Commission's findings that Officer Steven Garcia should be punished for the Feb. 6, 2005, shooting of Devin Brown. "I supported the Police Commission decisionin this matter," Villaraigosa said. "That should tell you my feelings aboutthis.” Somecity leaders were even more outraged that the decision was shroudedin secrecy. "This lack of public disclosure deepenssuspicion in the African American community that the LAPD is morein- terested in protecting officers than in curbing police abuse," said Earl Ofari Hutchinson, president of the Los Angeles Urban Policy Roundtable. Councilman Bernard C. Parks, who led the LAPD from 1997 to 2002,said holding disciplinary hearingsin private undermines confidence in the Police Department. "After 30 years of progressive efforts to make the public aware, we've had a complete reversal,” Parks said. "This is unraveling decades of hard-foughtbattles." 056 Page 2 Althoughdisciplinary hearings have historically been open to the public, police officials changed departmentpolicy late last year in response to a state Supreme Courtruling thatrestricted access to law enforcement personnel recordsin a San Diego case. Parks said the LAPD is going beyond whatthe court decided in that case -- Copley vs. Superior Court -- noting that the ruling "specifically says it does not address meetings.” Police Chief William J. Bratton and Police Commission President John Macksaid they support greater public openness, but were compelled to close hearings because of legal advice from City Atty. Rocky Delgadillo, who has in- terpreted the court's ruling as giving officers broad privacy protections. A spokesman for Delgadillo’s office declined to discuss the advice, saying such matters were confidential. Even though Bratton and commission officials touted their desire to provide greater public access, in many ways they have been moresecretive about police conduct than past LAPDleaders. Last year, for example, the Police Commission changed a decades-old policy and began issuing public reports without the namesofofficers involved in shootings. At that time, state Sen. Gloria Romero (D-Los Angeles) offered to sponsorlegislation to ensure that names would notbe struck from public police records if commission members had concernsabout potential court restrictions. On Wednesday, Romerosaid she had not heard from commission officials since the court decision. "Myofferstill stands," Romerosaid. "If the city ofLos Angeles, from the mayorto the City Council to the com- mission, wanthelp, I can carry the legislation... It's a sad day for those of us whobelieve that policing should be done in the public." Romerosaid the developments in the Brown casealso show that the commission needs greater power overofficer discipline. Under the City Charter, the commission has the authority to set broad policy, but cannot independently impose discipline. "On paper,there is civilian oversight, but this illustrates that the commission has noteeth, Its teeth got kicked out inside a closet.” Several council memberssaid they would support any legislative remedy to reopen boardsto the public, whether by state legislative action or a change in the City Charter. "Boards," Parks said, "should always be open.” Councilman Greig Smith, a reserve LAPDofficer, was oneelected official whobelieved that the disciplinary panel wasright to exonerate Garcia. "The Police Commissionis the one that erred," Smith said. Smith also supported closed discipline hearings, sayingit protects the rights of the innocent. "T understand their concerns," Smith said after hearing Hutchinson's comments. "But these are the same people who havebeencriticizing the Police Departmentfor as long as I can remember, and no matter what we dothey will not be satisfied.” Two years ago, when the Brown shooting occurred, community activists accused Garcia of using excessiveforce. The officer mortally wounded Brown near 83rd Street and Western Avenue in South Los Angelesas the boy backed a stolen Toyota Camry toward a police car after a brief car chase. Police said Brown wasdriving erratically and that they suspected him of drunk driving. Garcia, who was unawareat the time that the vehicle wasstolen, fired 10 shots, hitting the youth seven times. The Police Commission,in a 4-1 vote, determined that the shooting violated department rules, saying that evidence showed Garcia wasoutside the path of the vehicle and in no dangerat the time he opened fire. Commissionerssaid they expected Garcia to be punished. Thecity also agreed to pay $1.5 million to settle a wrongful-death lawsuit brought by Brown's family. Although police sources confirmed to The Timesthat the LAPD administrative panel found that Garcia's actions were justified, the rationale for the decision remainssecret. 057 Page 3 On Wednesday, as elected officials voiced concern overthe panel's vindication of Garcia, residents in South Los Angeles expressed disappointment but wereless surprised. "This is so unfair," said Mollie Bell, a local activist. "In this profession, they never mess up. They never make a mistake. Every day you hear about lawyersor politicians. They make mistakes on the job. They screw up. Doctors get fired for malpractice. Everybody gets punished except the police. They always come out on top." Ed Brimmer, a 69-year-old retired LAPD detective who was awarded the department's Medal of Valor in 1971, saw the incident through the eyes of a veteran police officer. "It's sad, it's very tragic," said Brimmerofthe shooting. "But I don't think the officer got up that day and said, 'I'm going to go kill a black child.' Police officers are afraid too. They have to protect themselvestoo." Rod Wright, a former assemblyman,said he's seen caseslike this before. "In this case everybody loses,” he said. "The Police Commissionsaid the shooting wasoutofpolicy, the council approveda settlement, the police chief said it was justified and now there's no punishment. Who's in charge?” matt.lait@latimes.com steve.hymon@latimes.com Timesstaff writers Tony Barboza, Duke Helfand, Patrick McGreevy, John Mitchell and Jim Newton contributed to this report. GRAPHIC: PHOTO: (OC)REACTION:Eddie Ford, a barber at Tolliver's Barber Shop in Los Angeles, where one customer,retired Det. Ed Brimmer, said ofthe Devin Browncase:"It's sad,it's very tragic.... Police officers are afraid too. They have to protect themselves too.". PHOTOGRAPHER:Rick Loomis Los Angeles Times LOAD-DATE:January 11, 2007 058 Page 1 LexisNexis” 1 of 1 DOCUMENT Copyright 2007 Los Angeles Times All Rights Reserved Los Angeles Times January 10, 2007 Wednesday HomeEdition SECTION: MAIN NEWS;Metro Desk;Part A; Pg. 1 LENGTH:1368 words HEADLINE:TheState; OFFICER WHO KILLED BOY,13, IS CLEARED; LAPDboardrejects a civilian panel's ruling in the Devin Browncase.; DECISION MADE IN SECRET BYLINE: Matt Lait and Scott Glover, Times Staff Writers BODY: A Los Angeles Police Departmentdisciplinary board has secretly decided not to punish the officer whofatally shot 13-year-old Devin Brown twoyearsago,rejecting an earlier ruling by the civilian Police Commissionthatthe act violated departmentpolicy, sources confirmed Tuesday. Members of an LAPD board of rights, meeting behind closed doors Monday, determined that Officer Steven Garcia was justified in shooting Brownasthe youth allegedly tried to back a stolen car into the officer after a brief pursuit. The shooting sparked outrage in South Los Angeles, with citizens and activists alleging that Garcia overreacted and used excessive force. Last year the city paid $1.5 million to settle a wrongful-death lawsuit filed by Brown's family. Monday's decision, reached by two high-ranking LAPD officials and a civilian representative, effectively dismisses the earlier finding by the Police Commission that the shooting was "out of policy” and that Garcia should be punished. It also reflects a dramatic change in the way the LAPD metes outdiscipline. For decades, the LAPD had heard evi- dence publicly when serious misconduct wasalleged. Last summer, however,the California Supreme Court ruled that police officer personnel documents were not public records. Respondingto that ruling -- and over the objections ofnews organizations andcivil libertarians -- the LAPD movedto close its disciplinary hearings. Asaresult, the charges against Garcia were heard in secret, and the rationale for the board's decision is similarly being withheld. The Police Commissionacts as the civilian oversight body for the LAPD andhasthe authority to shape policy,butit cannotdiscipline officers. Its finding in the Brown case -- which ran contrary to the recommendation ofPolice Chief William J. Bratton -- wasinitially hailed by both African American leaders and Mayor Antonio Villaraigosa as a sign that the LAPD,withits long history ofofficer misconductcases, now had firm civilian oversight. John Mack, president of the Police Commission, said Tuesday that he felt as ifhe and his colleagues on the com- mission had been undermined. "I'm very, very disappointedin that finding,” said Mack, who was unaware of the ruling before being informed by a reporter. "Our commission felt the facts were clear. It was my expectation that the board of rights would see the facts as we saw them andtake disciplinary action." 059 Page 2 Bratton said he supported the disciplinary panel's conclusion. "I think that's an appropriate finding,” he said. "I'm very comfortable with that." Asked if the decision underminedhis civilian bosses, Bratton replied: "Notat all.” Membersofthe internal LAPD panel would not explain their rationale for finding in Garcia's favor, citing the Su- preme Court ruling that city lawyers have interpreted as giving broad privacy rights to officers involved in disciplinary proceedings. "I can tell you the board's decision was unanimousand the evidence and testimony to support our finding was compelling," said Capt. Nancy Lauer, a memberofthe panel. "Thatis al! I feel is prudent to share based on the legal constraints in which wefind ourselves." Capt. Bruce Crosley, who retired from the departmentin July but continued to serve as chairman of the disciplinary board, also declined to discuss the case. Ann Reiss Lane, a former police commissioner whoserved asthe civilian member of the LAPD panel, could not be reached for comment. Bob Baker, president of the Los Angeles Police Protective League, said he had expected Garcia to be exonerated. "We agree with the board, who relied on law enforcement expertise and the applicable department standards in de- ciding that Officer Garcia's actions were in policy onthattragic night," Bakersaid. In November, LAPDofficials barred two Times reporters from attending Garcia's disciplinary hearing because of the state Supreme Court ruling, whichrestricted access to law enforcementdiscipline records in a San Diego case. However,that ruling -- in Copley Press Inc. vs. Superior Court of San Diego -- did not address whether hearings should be closed. The LAPDalsostoppedreleasing information about officerdiscipline that historically had been public. Last year, the Police Commission voted to withhold the namesof officers involved in shootings and otheruses of force, such as ba- ton-strikes, kicks, punches and the use of stun guns. Thefirst case in which the commission invoked that policy involved Garcia's shooting. Even though Garcia's case has been cloaked in secrecy, both Bratton and Macksaid they wished they could be more open with the public about police conduct anddiscipline. Both said they feel bound by legal advice given by City Atty. Rocky Delgadillo. "I like transparency,” Bratton said. "In my previous department [in New York City], all reprimands were written and published throughout the department. I'm notin favorofall the limitations that we operate underhere,butit is whatit is." The events leadingto the shooting ofDevin Brown began about 4 a.m. Feb. 6, 2005. Accordingto police, Garcia and his partner were on patrol when they noticed a red Toyota Camry being drivenerratically. When the driver of the Toyota ran ared light and got on the Harbor Freeway,the officers followed. Suspecting the driver was under the influence of drugsor alcohol, the officers turned on their emergency lights and siren. But the driver, later identified as Brown,did not stop. Brown pulled offthe freeway and led police on a seven-minute chase oncity streets. He lost control of the car at 83rd Street and Western Avenue, where the car jumped a curb and slammedinto a wrought-iron fence. Garcia andhis partner pulled up, drew their weaponsand took cover behindtheir open patrol car doors. As they did this, Brown's 14-year-old passenger fled. Brown, meanwhile, put the car in reverse and began backing up towardpolice. The Toyota struck the right front fender ofthe patrol car and continued backing alongsidein the direction of Garcia. The officer fired 10 shots into the Camry. Seven struck Brown, whodiedat the scene. Officers later learned that the Camry had been reported stolen. During the department's internal investigation, a reenactment suggested that Garcia wasnotin the path ofthe vehicle whenhe openedfire. Shooting investigators speculated that he was in the car's path when he drew his weapon,but had stepped to the side before he began pulling the trigger. After reviewing that investigation, the Los Angeles County district attorney declined to file charges against Garcia, citing insufficient evidence. 060 Page 3 Bratton, finding that Garcia was legitimately in fear for his life, recommendedthat his actions be deemed appropriate underthe circumstances, The Police Commission,in a 4-1 vote, disagreed. The majority found evidencethat the Camry was moving nofaster than 2 mph when the shooting occurred and that Garcia wasnotin the path of the vehicle. The officer's belief that his life was in danger "was not objectively reasonable," the board concluded. * matt.lait@latimes.com scott.glover@latimes.com k Devin Brown timeline Feb. 6, 2005: Driving a stolen car, Devin Brown,13, leads police on a brief chase. LAPD Officer Steven Garcia fa- tally shoots Brownafter the youth allegedly backs the car toward the officer. Garcia fires 10 shots; seven hit Brown. Dec. 5, 2005: Prosecutorsin the district attorney's office decline to file charges against Garcia, basing their decision in part on a witness wholargely supports the officer's version of events. They also say the LAPD's scientific analy sis of the incident was inconclusive about where Garcia was standing whenhefired. Jan. 31, 2006: The civilian Los Angeles Police Commissionrejects 4 to 1 a recommendation from Chief William J. Bratton and finds that the shooting violated department rules and warrantsdiscipline, June 7, 2006: The Los Angeles City Council votes to settle a wrongful-death lawsuit filed by Brown's family for $1.5 million. Jan. 8, 2007: An LAPDdisciplinary panel rejects the Police Commissionfinding and decides that Garcia's shooting of Brown wasjustified and that he should not be punished. * Source: Times reporting LOAD-DATE:January 10, 2007 061 Page | Mis, ® » LexisNexis 1 of 1 DOCUMENT Copyright 2006 Los Angeles Times All Rights Reserved Los Angeles Times August 17, 2006 Thursday Home Edition SECTION: CALIFORNIA; Metro; Metro Desk; Part B; Pg. 1 LENGTH:1436 words HEADLINE:Accidental Gunshots Vex LAPD; In 350 incidents since 1985, officers shot selves or one anothernearly as often as they were hit by suspects, records show. BYLINE:Scott Glover and Matt Lait, Times Staff Writers BODY: The iconic confrontation in Americanpolicing, in which brave officers shootit out with armedthugs, has occurred time and again in the annals of the Los Angeles Police Department. Only days ago, what seemedlike a routine traffic stop turned into a gun battle when officers pulled over a car only to see a passenger emerge with an AK-47assaultrifle. The gunman sprayed the squad car with about 20 high-velocity rounds, one of which nearly severed an officer's wrist. As unsettling -- and unpredictable -- as such incidents are, a Times analysis oftwo decades ofpolice records high- lights another dangerto officers, onelittle appreciated even byofficials who oversee the department: Officers over those years shot themselvesor one another nearly as often as they were shot by suspects. Since 1985, there have been more than 350 accidental discharges by LAPD officers. There also have been more than a dozen so-called friendly fire incidents. Though the resulting wounds tendedto be less serious than in gun battles with suspects, scores of officers and more than two dozen suspects and bystanders havebeeninjured in incidents that departmentofficials blame on careless han- dling of firearms. "Any officer being shot for any reason is an unacceptable number,” said Police Commission Vice President Alan Skobin, whois one oftwo commissioners assigned to review accidental discharges of guns. "Unfortunately, when you have a large number ofpeople who frequently handle weapons, there will be accidents. You just hopethat there aren't serious consequences.” Last month offered up a sad example: The 3-year-old son of an LAPD officer got hold ofhis father's 9-millimeter service handgun as they sat in a pickup truck at a traffic light in Anaheim. When the child pulled the trigger, a bullet passed through the officer and left him paralyzed from the waist down. Officials say that kind oftragedy is rare, but departmentrecords don't track accidental shootings not committed by an officer. The vast majority of accidental shootings the department does monitor are avoidable and generally the result of careless or reckless conduct. 062 Page 2 Overthelast five years, the numberof accidents has declined -- as haveall types of officer-involved shootings-- but suchincidents still accounted for abouta third of all gunshot injuries sustained by officers. Someofficers have been involved in more than one accidental shooting. However, because the Police Commission this year started withholding the namesofofficers involved in shootings, it is no longer possible to determine from its public reports whether an officer has a history of negligently handling firearms. Mishaps commonly occuras officers chase suspects or clean their guns. However, over the years, some accidental gunshots have been highly unusual. Oneoff-duty officer shot himself in a leg as he sat behind his desk and, according to departmentrecords, contem- plated "a complex mathematical problem." Anotherofficer inadvertently pulled the trigger when his African gray parrot flew into his face. Oneofficer accidentally shothis girlfriend in a leg while trying to retrieve a cartridge from his handgun as a "me- mento” of their date. Yet another officer admitted that he accidentally fired his gun because he wasstartled by a woman holding a teddy bear. Twoofficers accidentally discharged their weapons as they handled them at home while watching themselves in mirrors. Even officers from the department's elite SWAT unit have accidentally fired guns while on duty. In one case, officers had just completed a highly dangerous operation in whichthey entered the homeof a barricaded suspect. Though they emergedfrom the house unscathed, oneof them errantly fired his shotgun while unloading am- munition from another weapon. Shotgunpellets struck the ground between his feet, with metal fragments ricocheting into his partner's upperleg. In anothercase, an officer from the division that studies police behavior and attempts to reduce risk was off duty when he decided to give his fiancee a lesson on the safe handling of guns, according to a departmentreport. The officer thought he had removedall ofthe rounds from the cylinder of his .38-caliber weapon when hepointedit at a wall and began to explain "trigger pull pressure.” Ashe pulled the trigger, a round that had beenleft in the chamber discharged into the wall. Accidental shootings are not unique to LAPD officers. Statistics from the Los Angeles County Sheriffs Department showthat deputies overthe last five years accidentally discharged their weaponsat roughly the samerate. "{ don't see it as a problem any moresignificant than other agencies might have, and maybe,in fact, less significant," LAPD Chief William J. Bratton said. Police Department records show that 161 officers were injured by gunfire from 1985 to 2005, the last year for which statistics are available. Ninety officers were shot by suspects, compared to 68 officers whoeither shot themselves or were shot byotherof- ficers. (In three cases it was unknown whether the officer was wounded by a suspect's gunor by friendly fire.) Atthe LAPD,accidental gunshots can mean administrative headaches and embarrassment for those involved. Of ficers are required to report immediately any discharge of a weapon whetherit is intentional or not, on duty oroff. All gun dischargesare investigated by detectives and then reviewed by the chief and thecivilian Police Commission, which makesthe final determination on whethera shooting is within departmental guidelines. Nearly every accidental gunshot results in an "out of policy” finding by the commission and canresult in an officer being disciplined. Often, however, they receive minor punishments such as reprimands. Because of administrative repercussions, police experts suspect that many accidental shootings go unreported,es- pecially if they occur whilethe officer is off duty, which according to LAPD records is when more than 20% ofthe ac- cidents happen. Former LAPDtraining Officer Hank Cousine admitted that he did not report an accidental discharge by a proba- tionary officer under his supervision because he didn't want to hurt the young officer's career. Cousine, a 15-year veteran who wasfired for participating in anillegal pyramid scheme in 1998,said he believes that many accidental discharges go unnoticed by the department. 063 Page 3 "If there's no one around, you're not going to say anything aboutit," Cousine said. "Why would youlay yourself out? Why would you want to give up money,get yourselfin trouble, and take days off and get ridiculed? Why would you do that?" Overthe years, alcohol appeared to play a role in some accidental discharges. Officer Timothy J. McLaughlin accidentally fired a .38-caliber bullet through his apartment wall and into a neighbor's homeafter drinking six beers in 1999. He reported the discharge a daylater, only after learning that the neighbor took a photo ofthe bullet hole and talked to his landlord abouthiring an attorney. "A firearm must be handled with extremecare atall times; no one should be more awareofthis than policeofficer," said Capt. Joseph Curreri, who recommended that McLaughlin be suspended for 15 days. "Only but for the grace of God was no one injured as a result of the accidental discharge.” While drinking for several hours at a bar in Hermosa Beach in 1998, records show,officers Erik Cortes and Jeffrey Ingalls got to talking about gunsand policetactics. At one point, they went to the restroom together. As Ingalls washed his handsat a sink, Cortes saw Ingalls’ gun and removedit from its holster, accidentally shooting his friend's hand. As the bullet shattered on the bathroom floor, a fragmentricocheted into Ingalls' neck. In a 1992 case, Officer John Duran had a blood alcohollevel of 0.232 -- nearly three timesthe legal driving limit -- whenheaccidentally fired his gun, setting offa chain reaction ofinjuries. Accordingto police reports, Duran wasa passenger in the backseat of a pickup truck whenhis gunfell out of his waistband. As hepicked it up, one of his buddiesstarted play-fighting, slapping the off-duty officer. The gun wentoffand the bullet hit the driver in an arm, causing him to lose control and crash into a telephone pole. The collision broke Duran's neck and fractured a leg of another passenger-- also an off-duty LAPDofficer-- in five places. "People make mistakes," Commissioner Skobin said. "They are human beings. You wish it would never happen,but unfortunately it does." * Timesstaff writer Doug Smith contributed to this report. LOAD-DATE:August 17, 2006 064 Page | ) LexisNexis” 1 of 1 DOCUMENT Copyright 2006 Los Angeles Times All Rights Reserved Los Angeles Times March 15, 2006 Wednesday HomeEdition SECTION: CALIFORNIA; Metro; Metro Desk; Part B; Pg. 1 LENGTH:1252 words HEADLINE:Shooting Accounts at Odds in Report; Deputy's story of Chino incident changedafter he saw video, inquiry statements reveal. BYLINE:Matt Lait and Scott Glover, Times Staff Writers BODY: Minutes after shooting an unarmed manat the end of a high-speed chase, a San Bernardino County sheriff's deputy told a sergeant whoarrived at the scene that he opened fire because the 21-year-old suspect had "charged him," according to a confidential sheriff's report. But by the time he agreed to be interviewed by detectives investigating the shooting, the deputy had seen a videotape of the incident and said he used deadly force because he believed the man was going for a gun. The statements that Deputy Ivory John WebbJr. made to the sergeant conflict with the videotape of the Jan. 29 shooting in which Air Force policeman Elio Carrion was shot and wounded. The tape, which has been repeatedly broadcast on television and received national attention, shows Carrion kneeling and then getting shot as he follows an apparent order by Webbtostand. Webb, 45, was charged with attempted voluntary manslaughter last week and pleaded notguilty. The sergeant who spoke to Webbshortly after the incident said the deputy hadtold him that Carrion "tried to get up and Junge" at him. A Chino police officer who also arrived at the scene momentsafter the shooting said Webb had told him that Carrion "tried to attack” him. Whendetectives tried to interview Webb hoursafter the shooting, he declined, saying he wantedto retain an attorney. Whenhefinally agreed to be questioned, four days had passed and he had seen the tape of the shooting ontelevision, accordingto the nearly 400-page shooting report, a copy of which was obtained by The Times. During a tearful 2 1/2-hourinterview with sheriff's investigators, Webb said he "saw what appeared to be [Carrion's] handinside his jacket," which led him to believe that Carrion was going for a gun. He said Carrion then turned toward him and said he thought, "I'm dead." Atthat instant, Webb said, he was thinking, "I'm not going to see my baby,I'm notgoing to see my wife. I'm not going to see my dad." Attorney Luis Carrillo, who represents the wounded Carrion, said he believed Webb changed his story because he knewhis initial statements didn't jibe with the tape. 065 Page 2 "He falls back on a classic false version of events that police have used over and over again to justify bad shootings," Carrillo said. "When they shoot an unarmed person, they claim that they saw them reach for their waistband or reach inside their jacket, causing them to fear for their lives. Thank Godfor the videotape.It totally destroys his false stories.” The videotape is expectedto play a crucial role in Webb's criminal case. Thoughthe tape is grainy and the audioisat times difficult to hear, it shows Webb shooting Carrion as he appears to be complying with the deputy’s order to "get up.” The tape does not show Carrion lunging or charging at Webb.In fact, just before getting shot, Carrion can be heard telling the deputy that he was in the military and "on your side" and meant him "no harm." The shooting report said investigators had the videotape enhanced and analyzed, but the results of that analysis were not contained in the report copy obtained by The Times. Michael D. Schwartz, an attorney representing Webb,did notreturn calls seeking comment. Deputy Dist. Atty. Lewis Cope, whois prosecuting Webb, declined to commentabout the deputy's statements or any otheraspect of the case. The report contains the mostdetailed accountto date ofthe incident from Webb's perspective. It is unclear, however, whether detectives challenged Webb onthe contradictions in his statements about what prompted him to use deadly force. According to the report, Webb told detectives that on the night of the shooting, he was three hours from finishing his last shift before going on vacation. He recalled chatting on a cellphone with his wife or a friend when he hearda radio transmission from another deputy saying he was in pursuit of a dark blue Corvette. The car, the deputy added, wastrav- eling at about 120 mph. Webb ended his call and drovein the direction he thought the pursuit was headed so he could help. Moments later, Webb told investigators, he heard a siren and the roar of an engine that "soundedlike a rocket." The Corvette was headed straight for him, Webbsaid, forcing him to turn his patrol car to get out ofthe way. Hethen joined the pursuit, watching as the Corvette careened off a curb and went through a redlight. "Whatare these guys running for? Oh my God,” Webbrecalled thinkingat the time. "I got to catch up beforetheykill someone.” The chase continued through a neighborhoodin Chino, and the Corvette struck a fence and cameto a stop. Asthe deputy approachedthecar, it began to rock back and forth as the occupantstried to open the doors, Webbtold investi- gators. Whenthepassenger,jater identified as Carrion, began to emerge, Webb drew his gun and ordered him to lie down on the ground.Hetold investigators that Carrion's eyes darted back and forth "as if he were trying to find an avenue ofes- cape." Meanwhile, Webb noticed movementin the car and shouted at the driver, "Let me see your hands!” He said he saw the driver reach under the seat and into the console. As Webb struggled to watch both suspects, "he believed they were working in conjunction to try and divert his attentionto either flee or attack him," according to a summaryofhis state- ment. Webbtold investigators that at that point Carrion said, "I'm going to get up" and began to rise. Webb recalled em- phatically telling him not to. Webbsaid thatafter briefly diverting his attention to the driver, he looked back at Carrion and sawthat he had tucked one of his hands underhis jacket. It was then, Webbsaid, that he began thinking of never seeing his loved ones again. His survival instinct and police training took over, he said. He fired three shots into the area where he thoughtthe gun would be. Looking back, Webbtold the investigators, he felt "as if he was in a whirlwindandit was spinning out of control." He said he was "scared to death.” Moments after the shooting, Chino Police Officer Brian Cauble arrived. With his gun drawn, Caublesaid, he ap- proached the Corvette to help Webbout. "The deputy informed methat the passenger hadjusttried to attack him," Cauble wrote. 066 Page 3 San Bernardino Sheriff's Sgt. Richard Swigart, who had monitored the pursuit overthe radio, said he arrived just minutes after the shooting. When Swigart asked what happened, "Webbtold him he had fired his weaponthree times because the subject charged him," according to a summary of Swigart's statementto investigators. Webbtold Swigart he ordered Carrion to stay on the ground but Carrion refused to comply and “tried to get up and lunge" at him, recordsstate. Aboutthree hours after the shooting, as sheriff's investigators gathered evidence and interviewed witnesses, Jose Luis Valdes, one of the neighborhood residents, approached Det. Robert Casas, according to the report. "Howis the guy doing?” Valdes asked the detective, referring to Carrion. Casas replied that he was going to be OK. Valdes then told the detective he had videotaped the incident and invited him into his home to watchit. Casas asked if other investigators could view the tape as well. "Bring them in,” Valdessaid. As Casas andfive other deputies watched the tape, nobody said a word. Then, "after the recording stopped there was total silence in the den," according to one detective's report. Valdes removed the tape from the camcorderand handedit to a sergeant. "Do the right thing,” he said. GRAPHIC: PHOTO:Deputy Ivory John Webb Jr. has pleaded not guilty. PHOTOGRAPHER:Los Angeles Times LOAD-DATE: March 15, 2006 067 Page 1 gg ES LexisNexis” Copyright 2005 Los Angeles Times All Rights Reserved Los Angeles Times March 12, 2005 Saturday HomeEdition SECTION: CALIFORNIA;Metro; Metro Desk; Part B; Pg. 1 LENGTH:1505 words HEADLINE:Shootings of Dogs by Police Not Unusual BYLINE:Matt Lait, Scott Glover and Doug Smith, Times Staff Writers BODY: Oneout of every four times Los Angelespolice officers intentionally fired their guns duringthe last 20 years,the target was not a man;it was man's bestfriend. Thoughthe killing ofa pit bull by an officer three weeks ago sparked anger among animal rights activists, LAPD data show that shooting incidents involving dogs are commonplace. Since 1985, police have shot at more than 465 dogs,killing at least 200 and wounding at least 140, according to in- cident reports. The standard an officer must follow when shooting a dogis the same as for shooting a person:asa last resort to avoid death or serious injury. When dogsare involved, officers often believe they are going to bebitten, which is why many of the animals shot by police werepit bull terriers, Rottweilers and other breeds that have reputations for being vicious. Police said that was the case Feb. 16, when LAPD Officer GinaIglesias shot and killed Teri, a pit bull in downtown Los Angeles. Teri wasthe pride of animal lovers who find homesfor stray dogs, and had beenfeatured in a calendar put out by the organization Downtown Dog Rescue. Accordingto police, Teri bared her teeth and seemed on the verge ofattacking Iglesias and otherofficers who were onbike patrol and riding in an alley off 7th Place. Local volunteers who rescue dogs and workersin the industrial neighborhood on the eastern edge of downtown condemnedthe shooting as unnecessary. Comparingthe rate of dog shootings with those of other police agenciesis difficult because there are no nationwide statistics. In New York, with a population morethan twice as large as Los Angeles’ and a police force nearly four times as big as the LAPD,officers have shot at 803 dogssince 1990. The Los Angeles Sheriff's Department, though smaller than the Los Angeles Potice Department, has shot at more animals overthe last decade. Though LAPDofficers have shot at an average of about 26 dogs a yearin that period, sheriff's deputies havefired at an average of 36 animals a year, almost all ofthem dogs. Randall Lockwood, a psychologist and animal behaviorist with the HumaneSociety ofthe United States who has worked with police agencies onissuesrelating to dogs, said mostofficers are not adequately trained to handle confron- tations with aggressive dogs. Lockwood said he thought the numberofdogs shot at by LAPDofficers was "surprisingly high.” 068 Page 2 "Police departments throughout the country need to developbetter training so officers can more accurately assess which dogsare life-threatening and dangerous and which onesare not," Lockwoodsaid. "Our opinionis that often, lethal use of force is not requiredor justified," he said. "In many cases, a shooting is a knee-jerk reaction by an officer not familiar with dogs. We have to acknowledgethat there are situations where they have to shoot a dog, but wefeel that's relatively rare.” Growling dogsbaring sharp teeth can present frightening situations for police officers, officials said. And if dogs charge at officers, sometimesthereis little they can do but shoot to protect themselves, they said. "Look at what our officers face,” said Assistant Chief Jim McDonnell, who oversees the department's review ofall officer-involved shootings. "There are areas of the city where packs of dogs are running around loose, with no leash and no license. Often, vicious dogs are owned by people in the most high-crime areas that the officers are being called to." McDonnell, who wasnot surprised by the numberofcanine shootings overthe years, said officers are trained to shoot dogsonly asa last resort. Police agencies throughout the country have grappled with controversial dog shootings, some of whichhaveresulted in more public outcry than shootings of people. Such wasthe case with the New Year's Day 2003killing of Patton,a terrier-bulldog, duringa traffic stop on Interstate 40 in Tennessee. Patton's owners were pulled over in the mistaken belief that they had committed a robbery. As the dog's owners were held at gunpoint, Patton climbedoutofthe car and, according to the Cookeville, Tenn., police officer who shot him, "charged toward me growling and in an aggressive manner.” Patton's owners, however, told the Tennessean newspaperin Nashville that the dog was "as harmless as Scooby-Doo" and was wagginghistail when he wasshot. The shooting resulted in widespreadcriticism ofthe police, and the city paid $77,000 to settle a lawsuit filed by the dog's owners. The departmentalso started a training program to enable officers to better deal with potentially dangerous dogs. In Los Angeles, no easily discernible trends emerge from an analysis ofLAPD shooting data maintained by the Los Angeles Times. Through mostofthe early 1990s, dog shootings hovered around20 a year-- roughly one for every four timesthat officers fired on suspects. But in 1998 and 1999,officers shot at dogs moreoften than at people, with 42 dog shootings in 1998 and 43 in 1999. In recent years, dog shootings dropped to lowerlevels. Last year, for example, there were 20. In shootings involving canines, two dozenofficers have been bitten. Seven officers accidentally shot their partners or bystanders while fending off aggressive dogs. The data show thatofficers hit dogs with gunfire in about three-quarters ofall shooting incidents involving the an- imals, an accuracy rate about 10 percentagepoints higher than that for shootings involving people. Police killed more than 40% ofthe dogsthey fired on, which was considerably higher than the death rate for people, who werekilled in abouta quarter of police shootings. The data also showthatpolice officials found 13% of shootings involving people "out of policy,” compared with 3% for shootings involving canines. Most of the LAPD's dog shootings since 1985 have occurred in the LAPD's 77th Division in South Los Angeles. The Foothill Division in the San Fernando Valley had the second-highest total from 1985 to 2003, the most recent year for which complete records are available. Dog experts and even several high-ranking LAPD officials said they thoughtthat in somecases,officers resorted to deadly force too quickly. It was a concern that then-Chief Daryl F. Gates expressed in 1986, encouragingofficers to seek alternative ways to defuse encounters with dogs. 069 Page 3 Former Chief Bernard C. Parks also was troubled by the numberofdog shootings, and he developeda training regimen aimed at reducing them. However, implementation of that program was postponed because departmentofficials said reforms mandated by a federal consent decree after the Rampart corruption scandal were more important. McDonnell said recruits at the Police Academyreceive instruction on how to deal with vicious dogs. Theyare told to shout at them and use fire extinguishers, batons or pepper spray to scare them off. Officers also get training updates through department bulletins and are showntraining videos once every year during roll call meetings, he said. Joseph Pentangelo, a retired New York City police detective who worksas an investigator for the American Society for Prevention of Cruelty to Animals, said informing officers about nonlethal alternatives is essential. "If, as a police officer, you see a dog barking and yourfirst instinct is to reach for a firearm -- that is not the thing to do," Pentangelo said. "This should bethe last resort." A review of dog shootings by The Times found that some confrontations probably could have been avoided, partic- ularly in cases in which officers failed to notice "Beware of Dog"signs posted on residential properties. Some dog owners whosawpolice shoot their pets said officers had panicked and overreacted to the alleged threat. Edgar Javier, 20, saw police shoothis neighbor's 10-year-old German shepherd, Lady, on June 27, 2000. Hesaid Lady barkedat the officer but did not advance out an open gate in the frontyard. Javier said the officer could have pulled the gate shut if he thought Lady wasa threat. "Did he have a right to shoot her? No," Javiersaid. Nearly two dozen LAPD officers have found themselvesin situations in which they shot a dog more than once over their careers, including one whoshot three in the span of two years. Several experts said that suggests an officer who may be poorly trained, overly fearful of dogs or cavalier about killing someone'spet. "There may be some officers who liked using dogs astarget practice," said Lockwood, who reached the same con- clusion about the use ofpepper spray by some postal workers during a study several years ago. Some LAPDofficials attribute the number of dog shootingsto a proliferation of people owning aggressive breeds suchaspit bulls. If it were up to Daniel Koenig, a former LAPD commander whohasstudied dog shootings for the department,pit bulls would be outlawed. "T think pit bulls are just like assault weapons,” said Koenig, who resigned last year as executive director of the Los Angeles Police Commission. "There's no place for them in society.” GRAPHIC: GRAPHIC: Dogshootings CREDIT: Los Angeles Times PHOTO: THREAT?Terithe pit bull is shownat home in downtown L.A. sometime before she was killed by police on bike patrol whosaid theyfelt threatened. Critics condemned the shooting as unnecessary. PHOTOGRAPHER: Genaro Molina Los Angeles Times LOAD-DATE:March 12, 2005 070 Page 1 LexisNexis” 2 of 2 DOCUMENTS Copyright 2005 Los Angeles Times All Rights Reserved Los Angeles Times February 11, 2005 Friday HomeEdition SECTION: CALIFORNIA; Metro; Metro Desk; Part B; Pg. 1 LENGTH: 966 words HEADLINE: CALIFORNIA; Panel Finds '04 Shooting Broke Rules; Police Commission will be told that televised killing in an incident resembling Devin Brown's death was out ofpolicy, sources say. BYLINE:Matt Lait, Times Staff Writer BODY: High-ranking Los Angelespolice officials, meeting behind closed doors the day after t3-year-old Devin Brown was shot, debated the department's previous controversial killing of a motorist and did something they don't often do: They ruled the shooting "outofpolicy." The finding, described by sources familiar with the investigation, will come before the Police Commission for its decision Tuesday. The caseinvolved the shooting of a 23-year-old manafter a wild chase that ended in Santa Monica on Feb. 23, 2004. : That case differs from Devin's shooting in several respects -- most notably, in the Santa Monicacase, television news crewsrecordedthe entire incident. But the two cases share key aspects. Both involved a chase, a car back ing up toward a police officer and a deadly shooting. And in both cases, reviewing officers face the same question: Wasit reasonable for the police officer to believe the suspect posed a deadly threat? Because ofthose similarities, the Santa Monica case illustrates the issues that Los Angeles police officials will grapple with in judging whether Officer Steve Garcia acted appropriately in shooting Devin. Oneotherfact relevant to all shootings: If they are found outofpolicy, an officer faces discipline. Typically, pun- ishments for violating the department's shooting policy -- even in cases that resulted in a suspect's death -- have ranged from official reprimandsto suspensionsoffive days. Rarely has an officer been fired for an out-of-policy shooting or criminally prosecuted. The Feb. 23 shooting was the case that caused Los Angeles Police Chief William J. Bratton to determine that the department's policy on firing into vehicles required changes. The incidentstarted just before dawnas police saw a vehicle being driven by Nicholas HansKillinger, who was suspected of being armed with a knife and of robbing an AgouraHills gas station of $180 that morning. 071 Page 2 Police chased him for 90 minutes, ending near Santa Monica High School when Killinger failed to complete a U-turn at an intersection and drove onto a sidewalk. Ashestarted to slowly back up, and television cameras continuedrolling, Officers Manuel Solis, Carlos Ocequeda and Arturo Ramirez stood alongside their patrol cars and fired about 11 roundsinto Killinger's rear window. Killinger's car bumpedthefrontof one patrol car and Killinger's driver's side door opened. Bullets could be seen hitting the car near the opening. The young manfell out the door, face down. The case has been underinvestigation within the LAPD ever since. On Monday,after viewing the videotape and considering reamsof investigative documents, top LAPDofficials on the Use of Force Review Board determinedthat Killinger had not posed a "deadly threat" to officers, according to sources closeto the case. The board's full reasonsforits decision have not been revealed. Assistant Chief James P. McDonnell, who headed the meeting, declined to discuss the panel's findings. "These cases are difficult and involve tough decisions," he said. " You have to look at them with critical eye. We look at each case on its own merits." Danilo J. Becerra, an attorney for Killinger's family, said the developmentin the case " will bring the family some comfort.” "The family is trying to see that there is a changein policy,” said Becerra, whois suing the city on behalfofKillinger's relatives. "They understand that people have to be punishedifthey do something wrong,but it doesn't haveto be the death penalty. There's finally some acknowledgmentof what the family has been saying." The officers involved could not be reached for comment Thursday. The board's recommendation has been given to Bratton, who must make his own recommendationto the civilian Police Commission. For decades, LAPDofficials havetried to discourage officers from shooting at moving vehicles. Most experts say that officers should try to get out of the way of an oncoming car. Woundingorkilling the driver, they say, may cause the vehicle to veer, increasing the danger. And missing thetarget, they say, jeopardizes bystanders. Bratton acknowledged this week after Devin's shootingthat five of Garcia's shotshit his patrol car and created a dangerouscrossfire. The LAPDsays shooting at vehicles is generally prohibited and should occuronlyasa last resort. The police manual states that shooting at a vehicle is "rarely effective and is extremely hazardousto innocent persons." Despite thosecaveats, officers have continuedto fire at motorists an average ofhalf a dozen timesa year, according to a Times review of shootings from 1985 to 2002. Even Bratton, who wantsto curtail such shootings, has found somecasesjustified. In 90% ofthe more than 100 cases reviewed by The Times, officers were reprimanded or ordered to undergore- training because they erred in actions leading up to the shootings. In about 60% ofthe cases,police officials ruled that officers had been justified in using deadly force. Overall, in shootings that were ruled outof policy, punishments varied widely -- and often defy easy explanation. For example, an officer who killed an unarmed manin an out-of-policy shooting in 2000 received a two-day sus- pension. An officer who killed a bulldog several monthslater in an out-of-policy shooting was given a three-day sus- pension. Attorney Stephen Yagman,a longtimecritic of the LAPD,said the department's apparentwillingnessto find the Feb. 23 shooting out ofpolicy is surprising. "It's very unusual and seemsto signal a sea change," Yagmansaid. Hesaid he would expect a similar result in Devin's shooting. "Tt's good for the department andit's goodforthe city," he added. "I have some renewed faith in the LAPD and Chief Bratton. No question, this is the way it's supposed to be done." 072 Page 3 GRAPHIC: PHOTO: FATAL CONCLUSION:Police officersfire at a car backing toward them at the end of a 90-minute chase in 2004. PHOTOGRAPHER: KTLA-TV LOAD-DATE:February 11, 2005 073 Page 1 a LexisNexis” Copyright 2004 Los Angeles Times All Rights Reserved Los Angeles Times October 27, 2004 Wednesday HomeEdition SECTION: CALIFORNIA;Metro; Metro Desk; Part B; Pg. 4 LENGTH:619 words HEADLINE:Councilman Seeks Probe of Reports on Officer Shootings; Weiss wants explanation for why key evidenceis not always given to the L.A. Police Commission. BYLINE:Matt Lait and Scott Glover, Times Staff Writers BODY: Concerned that the Los Angeles Police Commission receives sanitized accounts ofpolice shootings, City Council- man Jack Weiss on Tuesdaycalled for an investigation explaining why key evidence undermining an officer's version of events has often been omitted from commission reports. Weiss'call for a joint probe by the city attorney and the Police Commission camein response to recent findings by The Timesthat the civilian police panel has routinely found shootings"in policy” without knowing about physical evi- dence and witness accountsthat strongly contradicted the police versions. In many cases,that information surfaced during civil litigation with costly consequencesfor city taxpayers. "Tt is imperative that the council determine why this happenedin the past andinstitute any necessary reformsto ensure that it does not happen again," Weiss said in a motion to his colleagues. The motion, seconded by Councilman Martin Ludlow, now goes before the council's Public Safety Committee for discussion. If the committee approves the request, it will go to the full council for a vote. Weiss also asked the LAPD andthecity attorney to consider preparing "post-litigation" reports that would fully examinepolice abuse casesthat result in city payouts of $50,000 or more. Amongthe issues Weiss wants addressedin those reports are: whether material information emerged during litigation that wasn't presented to the Police Commission; whetherthe case reflected a needto reassesstraining or policies; and whether discipline was imposed on any officers involvedin the incident, and if not, why not. Weiss’ proposal for comprehensivelitigation reports echoes recommendations called for by the Christopher Com- mission after the 1991 beating of Rodney G. King and by the Police Commission'sfirst inspector general in 1997. City leaders have long complained that the LAPD learnslittle from successfullitigation againstits officers. The Times,as part of an investigation into LAPD shootingssince 1985, found numerous examples in which crucial information was notpresented to the Police Commission-- only to emerge duringcivil litigation. For example, in one case highlighted by The Times, evidencethat officers had mistakenly shot and killed an unarmed man in 1999 wasleft out of the investigative summary presented to the commission. Confronted with the full evidence,the city agreed to pay the man’s family $2.6million. 074 Page 2 “City agencies need to learn from past mistakes, and we needtoinstitutionalize that process," Weiss said in an in- terview. "Wecan't just have bad facts getting swept underthe rug.” Weisssaid he did not expect his motion to face much opposition by his council colleagues. "I don't see why anyone would be opposedto learning from thepastor to trying to implement reformsthat ensure that these sorts of failures don't happen again,” Weiss said. Katie Buckland, a spokeswomanfor City Atty. Rocky Delgadillo, said city lawyers currently generate reports for the council on litigation, but not in the sortofdetail that Weiss has proposed. "It sounds like an interesting idea and something we'll take a look at,” she said. Councilman Dennis P. Zine, who also serves on the Public Safety Committee, said he was in favor of Weiss' motion. "I've always questioned why we makethese settlements when everything is supposed to bein order," said Zine, a former LAPDsergeant. "If [a shooting] is in policy, then we need to stand behindit and defendthe action.Ifit's not, we've got to admit there's a problem.” Asit stands, Zine said, the council is spending taxpayer dollars withoutreally knowing whether a case meritsit. "We're just writing checks," he said. "It's ridiculous." LOAD-DATE:October 27, 2004 075 Page 1 ) LexisNexis” 2 of 2 DOCUMENTS Copyright 2004 Los Angeles Times All Rights Reserved Los Angeles Times October 18, 2004 Monday HomeEdition SECTION: MAIN NEWS;Metro Desk; Part A; Pg. 1 LENGTH:3494 words HEADLINE: THE STATE; FrequentFire; The LAPD knowslittle about why atiny numberofofficers have used deadly force much moreoften than their colleagues BYLINE:Scott Glover, Matt Lait and Doug Smith, Times Staff Writers BODY: Most Los Angeles police officers go throughtheir entire careers without everfiring a shotin the line of duty. NotBill Rhetts. Heshotand killed a gang member whowas firing a handgun at him. He shot and paralyzed a man wielding pistol. He wounded a teenagerbrandishing what turned out to be a BB gun.After leaving the LAPD forthe Riverside Police Department, he shot an unarmed suspect hiding in a doghouse. After the last incident, a psychiatrist declared him unfit for duty. Rhetts said he was angry -- until he reflected on how his years in uniform had changed him. , "Tl became very desensitized. You know,callous, angry, hateful," said Rhetts, 45, now a police chaplain. "I didn't see it then, but I see it now. I became more aggressive in defending mylife." Officers such as Rhetts represent a mystery and a challenge for police administrators. In the Los AngelesPolice Department, they make upa tiny fraternity who have used deadly force much moreoften than their colleagues, a Times investigation found. Officers who have shotat suspects three or more times representless than 1% ofthe force. But they were involved in 20% of all LAPD shootings since 1985. Little is known about whytheypull the trigger so often. Few researchers have paid attention to the phenomenon. The LAPD doesnottrack frequent shooters. It does not even know whothey are. The Timesdiscovered the cadre of repeat shooters through a computer analysis of 1,437 officer-involved shootings from 1985 through mid-2004. Of an estimated 16,000 officers who worked field assignments duringthat time, only 103 fired at suspects on three or more occasions, the analysis revealed. Among 9,100 active officers, just 69 have three or more shootings. Someofthese officers serve in SWATteams, narcotics squads or other high-risk units. But that does not explain their propensity to fire. In their use of deadly force, they stand out even when compared with officersin identical assignments in the samepartsofthecity. 076 Page 2 Moreover, many continued to fire frequently even as the overall numberofofficer-involved shootings declined over the last decade. Experts in police behavior say departments should monitor repeat shootersclosely. "The simple fact that an officer is involved in a disproportionate numberof shootingsraises a red flag," said Geoffrey Alpert, a professor of criminology at the University of South Carolina. "The department needsto start taking more notice of these shootings and look for patterns ortrends." The 103 frequent shooters identified by The Timesare not easily categorized. Some have won the department's Medal of Valor. Others committed notorious acts of misconduct: Former Officer David Mack robbed a bank. Edward Ruiz framed a man on a gun charge. Five of the repeat shooters were implicated in planting evidence, beating suspects or covering up shootings in the Rampart scandal. Only three of the 103 are women. Frequent shooters have sparked controversy this year. In February, Officer ManuelSolis was captured onlive news broadcasts firing repeatedly into a car whose driver had led police on a high-speed chase. The motorist, Nicholas Hans Killinger, 23, was suspected of holding up an AgouraHills gas station. The 90-minute police pursuit ended in front of Santa Monica High School, where Killinger hit a curb while trying to make a U-turn. He then put his Ford Tempoin reverse and backed up slowly toward twopatrol cars. Solis and two other officers fired a total of 22 rounds,killing Killinger. LAPD officials said Solis believed Killinger wastrying to run him over. The shooting -- Solis' third -- remains under investigation. Officer Charles Wunderis another three-time shooter. In July, he and a fellow officer shot and killed a man who had been behavingerratically at a downtownbusstation. The man was crawling through an openingin a ticket counter, clutching a 6-inch metal stake. Wunderand the other officer opened fire while a third officer wasstill trying to subdue the man with a nonlethal stun gun. Police Chief William J. Bratton expressed "significant concerns" about the shooting, whichis also underinvestiga- tion. Wunderand Solis both declined to be interviewed. Thesparse scholarly research on repeat shootersoffers some tentative explanationsfor their behavior. Socialscientists believe that some ofthem are innately aggressive or anxious. Others may have family problems. Still others appear to place themselves in danger through carelessness or poor judgment, leaving no recourse but to shoot. The Timesanalysis and interviews with frequent shooters suggest another possible factor: that the experience of firing at a suspectforthefirst time leaves a profound psychological mark, lowering an officer's threshold for shooting. Nearly 90% ofthe officers who have workedfield assignmentssince 1985 neverfired their weaponsin the line of duty. But after a first shooting, an officer's likelihood of shooting again rose sharply -- from 1 in 10 to 1 in 5. Those with two shootings had a nearly 1-in-3 probability of becoming involved in third. "It definitely is easier to pull the trigger a second time," said former Officer Hank Cousine, who wasinvolved in three shootings during a 15-year career with the LAPD. "You kill a lot ofpaper targets, but shooting a humanbeingis differ- ent." Police are required to visit a department psychologist after a shooting to determine whetherthey need counseling or a break from street duty. But officers who have been through the 45-minute consultation describe it as perfunctory. "Pretty much all they do is say, 'Gee, Dale, how do youfeel?’ " recalled Dale Suzuki, who had five shootingsiin 10 years with the LAPD.Heleft the force in 2000 to become a wilderness guide in Alaska. "Tt's pretty brutal," Suzuki said ofthe emotional aftermath of a shooting. "That's whata lot of people from the outside don't see. You know... did I do the right thing? Maybe I should have waited a second longer.” 077 Page 3 'Bare-Bones' Data The department's failure to identify and monitor repeat shooters is remarkable given thecity's history of explosive controversies over police use of force. The 1991 Christopher Commission, established after the Rodney King beating,called on the LAPD to makestatistics on officers’ shootings and other uses of force "readily accessible" so that supervisors could detectsignsoftrouble. In response, the department developed a database called the Training Evaluation and Management System,or TEAMS.But a 1996 report said the system provided only "bare-bones" information and was a "far cry” from what the Christopher Commission had proposed. In a 2000 consent decree with the U.S. Justice Department, police officials promised to do better. They said they would create a comprehensive "early warning" system, dubbed TEAMSII,to track use offorce, citizen complaints and otherdata onall officers. The departmentisstill struggling to get the system running. LAPD officials now say they expect it to be operational by July. Samuel Walker, a criminal justice professor at the University ofNebraska at Omaha and an expert on police over- sight, said there was "no excuse"forthe delay. "It has now been 13 years" since the Christopher Commissionreport, he said. "The one thing we havelearnedis that these problems are manageable.” The Police Commission, the five-membercivilian panel that oversees the LAPD,reviewsall shootings to determine whether officers obeyed departmentpolicy on the use of deadly force. Butin judging a case, the commissiondeliberately does not consider any previous shootings by the officer involved, lest that information prejudice its decision. Commission members say, however,that after they makea ruling, they examinethe officer's use-of-force history to determine whether interventionis called for. Bratton said repeat shooters should be monitored, but not shackled with restrictions. Many ofthem are exceptional officers, he said. "They make some phenomenal arrests because they've got that sixth instinct,” he said. "They're moreinquisitive. They're not going to drive by something that somebody else might not evennotice.” Brattonsaid it would be unfairto restrict such officers to desk duty simply because they were involved in numerous shootings. "Thereality is a lot of these cops prefer to work in [dangerous assignments] and they are goodat what they do, andthatis the balancing act.” Among LAPDofficers, a history of shootings generally is no cause for embarrassment. Repeat shooters are often viewed as tough andfearless. Keith Lewis shot at suspects seven timesin an eight-year span while working in the Narcotics Division. In an eighth incident, he accidentally woundeda fellow officer while shooting a snarling dog. Four of Lewis' shootings were deemed unjustified by the Police Commission. In one of those cases, Lewis shot and woundeda suspect who hebelieved -- mistakenly -- had a gun in his hand. In anotherincident, the commission found that Lewisfired "indiscriminately" into a car after one of the occupants allegedly pointed a gun at him. Two unarmed women were wounded along with the alleged gunman. Yet among Lewis'friends onthe force, his shooting record was hardly taboo. When they organized a retirement party for him last year, his buddies had an artist draw a caricature that madelight of his propensity to fire. The caricature, published in the Thin Blue Line, the police union's monthly newspaper, depicts Lewis in plaid golf pants, hunched overa putter -- with a pistol hanging from his waist. A dialogue balloon has the grinning Lewis saying: "When in doubt, shootit out.” Lewis, 45, did not respond to a request for comment. 078 Page 4 Another prolific shooter is Bob Crupi, a 30-year veteran. He hasfired at suspects three times since 1985. LAPD recordslist eight earlier shootings, but provide no details. In a brief interview, Crupi recalled a shooting from 1988. A suspected hit-and-rundriver, fleeing police on foot, climbed a chain-link fence. Crupi tried to pull the man down, but backed off when he waved a sharpened scre wdriver, police reports say. Crupi then shot the suspect, wounding him in the back. Hesaid his captain later criticized him for being too quicktofire. "I was told I should have retreated and reassessed," said Crupi, now a motorcycle officer in the San Fernando Valley. "I told him 'retreat' wasn't in my vocabulary." 'A Lot of Shootings’ Officer Jamie McBride has whatpolice call "good obs." Henotices things others might miss: a slyly executed street corner drug deal, the evasive body language of somebody trying to hide something. Spotting concealed guns is one ofMcBride's specialties. He's taken scores ofthem off the streets of South Los An- geles, repeatedly winning praise from superiors. "McBridehas established himself as one of the mostindustrious, productive, hard-charging officers in the Division," reads a performancereview from 1995, "McBride hasconsistently led not only his watch, but also the Division in the recovery of and arrest for possession of concealed firearms." The review made no mention ofanotherstatistic in which McBride led his division that year: He was involved in four shootings in five months. "That's a lot of shootings," McBride, a 14-year LAPD veteran,said in an interview. "That's a lot of shootings ina career, let alone a year." Thefirst ofthose shootings stemmed from a jaywalking stop. Jermaine Stewart, then 20, and a friend were crossing the street when McBride andhis partner pulled up in a patrol car. Stewart said an officer's voice boomed overthe loud- speaker: "Comehere, fat boy." Stewart, who had a .380-caliber pistol in his waistband, took off running, police reports say. At one point, he pulled the gun andallegedly pointedit at the officers. McB ride, behind the wheel ofthe patrol car, fired at Stewart through the open window,hitting him in the leg and arm. A departmental review found that McBride was justified in shooting Stewart, but faulted him for "driving, issuing verbal commandsand... defending himself and his partner in an armed confrontation”all at the same time. McBride has been involved in a total of six shootings, the mostrecent in 2001. The LAPDhas repeatedly criticized him for putting himself and fellow officers at risk with careless tactics. Records show that he has been chastised for failing to take cover, to call for backup or to make fellow officers aware ofhis whereabouts during shootings. McBride said he has noregrets. "T honestly believe that when I take a firearm offthe street -- as corny as it sounds-- | actually prevented a crime from occurring,” he said. "Ofall the gunsI've gotten overthe years, I know I've prevented at least a few homicides." Two years ago, McBride wastransferredto the relatively sleepy Devonshire Division. He has not been involved in any shootings since then and was recently namedthe division's officer of the year. Now 35,he said he had no interest in returningto the city's south end. "I don't have time for that ghetto gun-fighting anymore,” he said. "I'm getting too old for that. That's not what I'm about." Exercising Restraint Hank Cousine makesno apologiesfor his three shootings. In fact, he says, there are people all over Los Angeles who should count themselves lucky he didn't shoot them. 079 Page 5 This is acommonrefrain among repeat shooters-- that statistics don't reflect the restraint they exercised in the face of danger. "I could have legally killed a hundred people on any given week. Without a doubt,” said Cousine, 44, a former Army Ranger. Hesaid he wasable to escape suchsituations without firing because he used superiortactics, such as taking cover behindhis patrol car or a building. This allowed him to negotiate with suspects to drop their weapons and surrender. In somecases,he said, he held his fire even when in danger becausehe didn't want to pile up too many shootings. Once, hesaid, he refrained from shooting a man who wasthreatening him with a butcher knife because he was working an off-duty security job without department approval. "If 1 had filed my work permit, bang, bang, he's going," Cousine said. Cousine has always been one to speak his mind. After the Rodney King beating, he publicly criticized the officers involved for swinging their batons like "little girls." He was one of 44 "problem officers” identified by the Christopher Commission on the basis of citizen complaints, shootings and othercriteria. Assigned to desk duty, he complained that he was "a soldier ... doing a secretary's job." Cousine wasfired in 1998 for participating in an illegal pyramid scheme. Hesoldrealestate for a time and nowsells his own line of motocross gear. In 1988, Cousine shot a man who pointed what appeared to be a handgun at him,police records show. The weapon turned out to be a toy. "Why me?" he recalled thinking. "I don't wantto take out a nut. I want to take out a bad guy.” His next shooting, in 1989, occurred while he was off duty and driving his Corvette on Eastern Boulevardin Bell Gardens. Seeing a woman he knew,he pulled over and struck up a conversation. Then a car pulled up behind him. The womansaid the menin the car had been following her and making sexual comments, Cousine stepped out of his car and told the mento leave. The driver gunned his engine and drovestraight for him, Cousinesaid. The driver sideswiped Cousine's Corvette and sped away. A passenger in the car pointed a gun at Cousine, whopulled out his own weapon. "They're going downthe road and I'm ‘boom, boom, boom, boom, boom,'" he said. His last shooting, in 1989, stemmed from a domestic disturbance. When Cousinetried to arrest an abusive husband, the man lunged at him with a razor blade. Cousine shot the man in the leg. "] didn't want to blow this guy's head off in front of his kids," he said. "There's certain things you don't do in front of the kids unless youreally have to." ‘One Squeeze -- Boom!" On Nov. 14, 1991, Bill Rhetts, then an LAPD vice officer, and his partner were sitting in an unmarked car watching a hookerstroll down Figueroa Street. Suddenly, a gang member walked towardthe car, pulled out a handgun andstarted shooting. Rhetts said he was slow to return fire. Then his academytraining took over: "I put the front sights right on his head and with one squeeze -- boom! -- he was down on the ground. He was dead.” The shooting made a deep impression on him, Rhetts said. "I'm not going to allow the suspectto shoot at mefirst the next time,” he recalled thinking, "because this time he almostkilled me." In 1996, Rhetts shot and paralyzed a man whohesaid pointed a gun at him. His partner, who also had his gun drawn, did notfire. Four monthslater, Rhetts and anotherpartner responded to a call about a "man with a gun" near a market on Hun- tington Drive in East Los Angeles. "I did not want to be in another shooting," Rhetts recalled. So he andhis partner agreedthat if it became necessaryto shoot, the partner would doit. 080 Page 6 At the scene, the officers confronted a 16-year-old boy with a handgunin his waistband. They trained their guns on the suspect and shouted at him to raise his hands. Instead, Rhetts said, the youth drew his weapon andraised it in their direction. Rhetts waited for his partnerto fire. Suddenly, the partner appeared to jerk backward,as ifhe had just fired his shotgun, Rhetts said. B ut there was no sound. Rhetts guessed the weapon had malfunctioned. Then he took matters into his own hands. "I gave him two rounds and he went down," Rhetts said. The boy suffered a leg wound. Rhetts said he was devastated to learn that the weapon was a BB gun. "I cradled him like a baby," Rhetts said. "I remember he was apologizing to me and I was apologizing to him." An LAPDreport onthe incident makes no mentionthat Rhetts' partnertried to fire at the suspect. The officer declined to comment. Rhetts resigned from the LAPDsoonafter and took a job with the Riverside Police Department. On Feb. 11, 2000,he shot a parole violator who had run from police and was hiding in a doghouse, according to court documents and interviews with lawyers involved in the case. The man had been described as armed and dangerous,but in fact was unarmed. The shooting injured his leg so badly it had to be amputated. Afterward, Rhetts' superiors ordered him to see a psychiatrist, who found him unfit to serve. Looking back onhis career, Rhetts said he cameto realize that the psychiatrist may have beenright. He recalled shooting steroids and pumping iron during his days as a street cop in the Northeast Division. He re- membered getting drunk on bourbon while driving hometo cope with the stress of the job. Hesaid he also thought about the four shootings -- and wondered whether any of them could have been avoided. "To be honest with you," Rhetts said, "I can look back andthink, ‘Should I have been a cop?’ " Times researcher Offer Egozy contributed to this report. * Pulling the trigger Police shootings are concentrated in a small percentage of officers. Nine out of 10 LAPDofficers who heldfield assignments between 1985 and mid-2004 never fired at a suspect. Total numberofofficers: 16,000 Nearly 90% of officers had no shootings Oneshooting: 1,316 (8.2%) Twoshootings: 229 (1.4%) Three or more shootings: 103 (0.6%) Probability of shooting For the same pool ofLAPD personnel, the likelihoodthat an officer would fire his weapon increased markedly after his first shooting -- and continuedto rise after each subsequent shooting. The reasons are unclear, but some officers say the trauma associated with a shooting made them quickerto pull the trigger thereafter. All officers: 10% probability of shooting Officers with: Oneshooting 20% Two shootings 31% Three shootings 32% Four shootings 36% 081 Page 7 Five shootings 50% * Source: Times analysis of LAPDstatistics. Graphics reporting by Doug Smith * About the Numbers This report is based on a computeranalysis of Los Angeles Police Departmentdata on officer-involved shootings. The analysis focused on 1,437 incidents from 1985 through mid-2004 in whichpolice officers shot at suspects. Ex- cluded were accidental shootings, shootings ofdogs or other animals, and "tactical shootings," such as whenofficers fired at the tires of fleeing vehicles. For each shooting at a suspect, The Times gleaned information-- including the date and location and theidentities of the officers involved -- from LAPD reports and Police Commissionrecords. Because many shootings involve more than oneofficer, the numberofofficers who fired their weaponsat suspects -- 1,648 -- exceeds the numberofincidents. Aspects of The Times’ analysis were basedon anestimate of the total number of LAPD officers who haveservedin field assignments since 1985. That estimate -- 16,000 -- was calculated using figures on officer deployments and sepa- rations from the force, published annually in the department's Statistical Digest. GRAPHIC: PHOTO: NEW JOB: Former LAPD Officer Bill Rhetts, speaking to a Christian group, describes a 1991 shootout in which he says a personin hisline of fire made a shapelike that of a cross. After a shooting in 2000, while he was with the Riverside Police Department, a psychiatrist declared him unfit to serve. He is now a police chaplain. PHOTOGRAPHER:Luis Sinco Los Angeles Times PHOTO: 'HARD-CHARGING:': Officer Jamie McBride confiscated scores of guns. He also wasinvolved in four shootingsin five months. "That's a lot of shootingsin a career, let alone a year," he said. PHOTO: HOLDINGFIRE:Hank Cousine chats with a motocross fan in Devore. The ex-Army Ranger makes no apologies for his three shootings while he was with the LAPD. "I could havelegally killed a hundred people on any given week," he said. PHOTOGRAPHER:Luis Sinco Los Angeles Times PHOTO: TRAINING: An officer takes a firearmsproficiencytest at the LAPD gun rangein Elysian Park. Someofthe department's frequent shooters are members of SWATteams,narcotics squads or other high-risk units. But that does not explain their propensity to fire. Their use of deadly force is notable even when compared with officers who have identical assignments and servein the same neigh- borhoods. PHOTOGRAPHER:Luis Sinco Los Angeles Times PHOTO: MARK OF THEPAST: Bill Rhetts displays a tattoo he got as an LAPD officer. PHOTOGRAPHER:Luis Sinco Los Angeles Times LOAD-DATE:October 18, 2004 082 Page 1 & LexisNexis” Copyright 2004 Los Angeles Times All Rights Reserved Los Angeles Times October 17, 2004 Sunday HomeEdition SECTION: MAIN NEWS;Metro Desk; Part A; Pg. 1 LENGTH:6395 words HEADLINE:Investigating Their Own; The LAPD has often ledits civilian overseers astray about key facts on officers’ use of deadly force BYLINE: Matt Lait and Scott Glover, Times Staff Writers BODY: Officer Jeff Nolte was leading a drug raid on a motel in Gardena when a suspected cocaine dealer pointed a shotgunat him. Nolte fired two shots "in immediate defense ofhis life," hitting the suspect, Leonard Robinson,in the hands and disarming him. At least that was the story told by the Los Angeles Police Department. Seeing noreason to doubt it, the Police Commission ruled the shooting "in policy." Nolte wasofficially in the clear. Four years later, Robinson's civil rights lawsuit wentto trial, and a very different picture emerged. Evidence not seen by the commission showed that Robinson had his handsin the air when Nolte openedfire, Rob- inson wasn't aiming a weaponat the officer, the jury found. He was trying to surrender. Robinson collected $2 million in damagesthis year. "I do not believe that any officer could reasonably havebelieved that this shooting was justified," said U.S. District Court Judge Nora Manella, who presidedat the trial. It was notthe first time the Police Commission had beenled astray by the departmentit supervises. Time and again, the LAPDhas givenits civilian overseers an incomplete, often distorted picture of police shootings, a Times investigation found. The five-member commission -- made up of lawyers, business people and civic leaders appointed by the mayor-- is supposedto serve as the public's sentinel at police headquarters. Scrutinizing shootings is one of its most important responsibilities, a way to ensure that police who use excessive force do not go undetected or unpunished. Yet as a watchdog, the commission operates with a serious handicap: It has frequently been kept in the dark about important aspects ofLAPD shootings. The department's shooting reports routinely omit information that might cause the commission to question whether officers acted properly. Witnesses whotold investigators that police fired without provocation have gone unmentioned. Physical evidence that contradicts an officer's claim of self-defense has beenleft out. 083 Page 2 The Timesstudied dozens of shootings, comparing the information presented to the Police Commission with con- fidential Police Departmentfiles, court records and other documents. In at least 28 shootings, 15 of them fatal, the commissionruled that the use of force was "in policy” -- that is, rea- sonable andjustified -- without knowing about evidence that pointed to the opposite conclusion. A few examples: * In 1999,police searching for the source ofNew Year's Eve gunfire shot and killed a man they said had pointed a shotgun at them. Evidence that the officers mistakenly shot an unarmed manwasleft out of the investigative summary presented to the commission. City lawyers, confronted later with the full evidence, agreed to pay the man's family $2.6 million. * In 1997, a drug-addled motorist slammedhis car door on a police officer's arm andtried to flee, pulling the officer along. Anotherofficer then shot and killed the driver. The LAPD said it was the only wayto save the trapped policeman. However, four bystanders -- not mentioned in the LAPD summary-- told detectives that the policeman had gotten free of the car and was out of danger when his colleague shot the motorist to death. * In 1996, officers shot and wounded two menthey said had opened fire on them from the balcony of an apartment building. The LAPD summary depicted it as an open-and-shutcase of self-defense. Unknownto the commission, police investigators had found no evidence to support the officers’ account, and an internal LAPD panel had concludedthat they did not come underfire. (See article, Page A26.) Bernard C. Parks, police chief from 1997 to 2002 and now a City Council memberandcandidate for mayor, declined to be interviewedforthis article. His successor, William J. Bratton, said changes set in motion by the 1999 Rampart scandal hadresulted in better shooting investigations and more forthright reports to the commission. But he said he wasnotsatisfied. In August, Bratton reorganized the unit that investigates officer-involved shootings-- the second such overhaulin the last four years. In an interview, he said he was determined to "go where the truth takes us" in investigating shootings. "We're always going to be on a journey," Bratton said. "We're never going to get'to the destination." David S. Cunningham III, a lawyer whois president of the Police Commission, said membersofthe panel recognize the need to view LAPD accounts skeptically and are scrutinizing shootings more vigorously than ever. "You've got cops investigating cops," he said. "Thereis always going to be a bias. Doesthat bias lead to unreliable conclusions? Sometimes." Gerald L. Chaleff, a former commission president who is now a top advisorto Bratton,said the pattern of omissions in the LAPD summaries suggested a breakdownin civilian oversight of the department. "If we werein fact being misled orrelying on incomplete information, then we weren't able to perform our jobs and the system isn't workingatall," Chaleff said. "Obviously, I am not pleased.” * Something Was Missing Police had no choicebut to shoot Terry Taylor. Whenofficers shouted "Police!" and ordered him to drop his shotgun, he did not obey. Instead, he pointed the weapon at them. This was the account provided by the LAPD,based on statements from theofficers. But there was something missing. Witness statements and physical evidence indicated that Taylor did not have a shotgun in his hands. The weightofthe facts -- the full facts -- was that the police made a tragic mistake. It happenedjust after midnight on Jan. 1, 1999. Taylor and a crowdoffriends and relatives were celebrating the new year at his house in South Los Angeles. 084 Page 3 Unknownto the revelers, a group of 77th Street Division officers was approaching the bungalow with guns drawn. They were on a "gunfire reduction detail" and had heard celebratory gunshots in the neighborhood. They were trying to find the source. Officers Andrew Luong and Michael Menegio saw Taylor and two other men standing on patio atthe rear of the house. According to the LAPD summary, Taylor, 35, was holding a shotgun. Luong and Menegio said they openedfire whenhe disregarded their warning and aimed the weapon at them. Taylor fell across the threshold of the back doorway. A round from Luong's 9-millimeter pistol had pierced his heart. Taylor, a father of five, had been printer before a bad back put him ondisability. His wife, Reda, went to work for the Postal Service, and he becamea stay-at-homefather. His children called him "Mr. Mom.” Now,they looked on as he bled to death on the living room floor. Whenthe case went before the commission 11 months later, the LAPD offered no hint that there might be questions about the shooting. A summary ofthe department's investigation, signed by then-Chief Parks, said that "the officers reasonably believed the suspect presented an immediate threat of serious bodily injury or death." Commission membersruled the shooting "in policy." In the meantime, Taylor's family had filed a civil rights suit. In the LAPD's files, lawyer Samuel Paz found evidence that cast the shooting in an entirely different light. The victim's half-brother, Charles Anderson, had told police investigators that he -- not Taylor -- was holding the shotgun. Anderson said it was unloaded, cracked open at the chamber andinoperable by the time police arrived. Detectives challenged him vigorously, interview transcripts show. They pushed him to admit that he was lying and that Taylor had been holding the weapon. They pointed out that as a paroled robber, he could be sent backto prison for possessing a firearm. Andersonstuckto his story, and the evidence bore him out. Officer Menegio hadtold detectives that the gunman standing on the patio had a white T-shirt on. Witnesses said Anderson was wearing such a shirt that night. As for Taylor, a coroner's photograph showedhimin a dark green, long-sleeveshirt -- a Christmas present from his wife. Thepolice version of events clashed with another key piece of evidence: blood that sprayed from Taylor's body as the bullet exited below his right armpit. Droplets landed on the stock of the shotgun. The LAPD summarysaid the department's analysis of the spattered blood confirmed that Taylor was holding the weapon-- and pointing the barrelat the officers -- when he wasshot. Yet as the civil rights suit unfolded, experts for both the city and the Taylor family said it could not have happened that way. Richard H. Fox, an evidence expert for the plaintiffs, said in a report that the pattern ofblood droplets showedthat the gun was 12 to 18 inches from Taylor's body -- and was pointed away from theofficers. This was consistent with Anderson's statement that he was holding the gun, standing beside Taylor as the two walked toward the back door. Ronald Raquel, an LAPD criminalist, said during a deposition that the weapon had to have been 6 to 12 inches from Taylor's side. Paz, the family's lawyer, then asked Raquel about an LAPD photo reenactmentofthe incident that showed a man holding a shotgun closeto his side, in a classic firing pose. Paz showed the nine pictures to Raquel one by one andasked whether Taylor could have been holding the gun as depicted when he was shot. Nine times, Raquel replied: "No." 085 Page 4 When Paz previewedhis casefor city lawyers, they decided notto risk a jury trial. The city settled the lawsuit for $2.6 million. Luong, now with the Buena Park Police Department, defended his actions. "I believe in my heart I did the right thing," he said in an interview. "I did whatI felt I had to do to keep me and my partneralive.” Menegio declined to comment. Years earlier, Paz had secured a $5.5-million settlement for a Los Angeles Coliseum groundskeeper who wasshot by a police officer and left paralyzed from the waist down. That shooting, like Taylor's, had been ruled "in policy.” In both cases, Paz said, he relied on evidence collected by the LAPDto showthatits officers fired withoutjustification. "If there's a messagein this," he said, "it's 'If ] can do this, why can't they?! " * Accountable Only to Itself The practice of sanitizing shooting reports has persisted under successive mayorsandpolice chiefs. It reflects an entrenchedresistanceto civilian oversight at the LAPD that dates back decades. For much ofits history, the department was accountable only to itself when it cameto officers' use of force. After a shooting, police investigated their own,in strict secrecy. Rarely were the findings made public. The Police Commission,established in the 1920sto set policy for the department and supervise the chief, playedlittle if any role in shooting investigations. That changedafter the killing of Eulia Mae Love in 1979. Love, 39, a widow from South Los Angeles, had flown into a rage when a gas company employeethreatened to shut off her service unless she paid $22 on an overduebill. She chased the man away with a shovel. Utility workers returned later that day with police backup. After a brief standoff, Love threw a kitchen knife at the two officers. They emptied their revolvers, killing her in- stantly. Police Chief Daryl F. Gates pronounced theofficers blameless, saying they hadfiredin self-defense. Protesters marched on Parker Center, the LAPD headquarters. The commission launched an investigation and concludedthat police had killed Love unnecessarily. The panel found, among other things, that they fired at least one round at Love as she lay wounded onthe ground. Eversince, the commissionhasreviewedall police shootings to determine whetherthe use of force was justified. If not, officers can be reprimanded, suspended andin rare instancesfired. The LAPD manualstates that police should fire only "whenit reasonably appears necessary" to protect themselves or _ others from death or serious injury. In deciding whethera shooting is consistent with that policy, the commissionrelies on the department's own investigation. Particularly important are the investigative summaries, known as "15-2s." Thesereports, typically four to eight pages long, are supposedto lay out the salient facts, the chief's recommendation to the commission andhis reasoning. In more than 80% of shootings since 1985, the earliest year for which records wereavailable, the commission found officers’ actions "in policy,” as recommendedbythe chief. Onesign that the commission doesnot always get the wholestory is that many shootingsit judges "in policy”later result in sizable civil jury verdicts against the LAPD for excessive force -- or in generous legal settlements with shooting victims or their family members. The Times found that 101 officer-involved shootings haveresulted in jury awardsor settlements since 1985. Thetotal cost to taxpayers: $68.5 million. Seventy-seven of those shootings -- more than three-fourths -- were ruled "in policy.” To understand why, reporters examined court records and confidential police files on 17 shootings that led to legal payments of $500,000 or more. 086 Page 5 In 15 of the cases, evidence in conflict with the officers’ accounts was not included in the summary given to the commission. The shootings occurred as recently as 2002 and as long ago as 1986. Looking at other "in policy" shootings, reporters discovered an additional 13 cases -- resulting in smaller or no legal payments-- in which significant information was left out of the summary. Since 1999, commission membershave received copies of the LAPD's complete investigative files on shootings,as well as the summaries. But the full files are so voluminousand arcanethat they areoflittle use to the commissioners, who rarely delve into them. They can run to dozensor even hundredsofpages for a single shooting, muchofit highly technical material -- autopsy findings, ballistics analysis, toxicology reports. "I could read [an investigative file] 30 times and I wouldn't pick up on something that someone whohasbeen inthis business for 20 years would," said commission memberRick J. Caruso, a real estate developer. "That's what the executive summariesare for." The LAPDinspector general's office, created in 1996 in responseto the Rodney Kingbeating, is supposedto help the commission evaluate shootings. But with a hostof other duties, the office has hadlittle time to deconstruct the summaries or search the investigative files for hidden information. Often, the full facts about a shooting cometo light years after commission action, when private attorney, poring over LAPDfiles for a lawsuit, discovers evidence that was not known to commission members. Even whensuch casesresult in expensive jury verdicts or settlements, the commission doesnot revisit its earlier "in policy” rulings -- or try to determine why the LAPD left the information out of the summaries. Rabbi Gary Greenebaum, a former commission president, said he was always uncomfortable rely ing on the sum- maries but saw no alternative. "Tt was the mostfrustrating part of the job for me," he said. "I never felt we received 100% ofthe story." * A Very Different Story Certainly they did notin the case ofLeonard Robinson, the drug suspect who was shotin the hands -- evidently while holding them in theair. Robinson, a disabled ironworker from Louisiana, was in Room 312 of the Executive Inn in Gardena when LAPD narcotics officers battered down the door on June 18, 1997. Aninformanthadtold police that Robinson was dealing cocaine from the room. Robinson,then 51, worked security at the motel in return for a break on his rent and was armed,the informant added. Officer Nolte, clad in a helmet and body armor, dashed down a hallway and confronted the suspect. According to the LAPD summary, Robinson was holding a shotgun andraised the barrel, pointingit at the officer. Nolte fired two shots from his own 12-gauge shotgun. The roundsstruck Robinson in the hands, "causing him to relinquish his grip" on his weapon, the summary said. Robinson told a very different story in court. Under questioning by his lawyer, Jim Epstein, Robinsontestified that he was in bed when heheard a commotion outside his door. He said he grabbedhis shotgun, thinking that someone wasbreaking in, but dropped the weaponin his lap when he heard shouts of "Police!" "I laid back and raised my hands up," Robinsonsaid. He described how thefirst blast from Nolte's shotgun tore into his right hand. "Then," Robinson said, "he took an- other direct aim at me” andfired again. Robinson's right palm was peppered with buckshot. His ring finger was torn up. His index finger was blown off. A doctortestified that Robinson must have bled profusely. Yet no tissue and only a few minute specks of blood were foundon the shotgun he supposedly was holding. Nor was the gun damagedin the slightest by the two blasts from Nolte's weapon. 087 Page 6 The U.S. District Court jury that heard the civil rights suit in 2001 awarded Robinson $1 million in damages. When city lawyers appealed the verdict, judges from the U.S. 9th Circuit Court of Appeals said Nolte's claim ofself-defense simply was notbelievable. "How did he shoot the gun out of the guy's hands without any damageto the gun and withoutany tissue or blood on the gun -- even though [Robinson's] hands wereall chopped up?” one judge asked during a hearinglastyear. Hechallengedthe city's lawyer, Amy Jo Field, to reconcile Nolte's account with the evidence. "T don't think you can, your honor,"shesaid. Thecity later agreed to pay Robinson a total of $2 million for the jury verdict and to settle a separate claim of false arrest. Nolte, who remains on the force, declined to be interviewed. Dean Hansell, an attorney who was on the Police Commission when it approved Nolte's actions, said he was unaware there was evidence contradicting the officer's account. "If there is something that may tend to undercut what the officer said, that is information that the commission expects to have," he said. "Clearly, it would have been highly significantto us." Asked to explain the omissions in the LAPD summary, Assistant Police Chief George Gasconsaid: "There are multiple possible explanations, and they go all the way from very evil people at the departmenthiding facts to very pooror incompetentpeople.... "The truth is probably somewhere in the middle." * Disregarding Witnesses By the LAPD's account, Officer Bruce Nelson had no choice but to shoot. A motorist had trappeda fellowofficer in his car door and was dragging him along the pavement. Nelsonshot and killed the driver, Jonathan Horst, in order to save a colleague's life. Had they knownall the facts, commission members would havebeen obliged to consideran alternative scenario: that an enraged Nelson executed Horst, and police came up with rationale after the fact. Onthe night of March 28, 1997, Horst, 33, blew through a traffic light in South Los Angeles andled police on a 20-minute chase. Police finally cornered his Subaru Justy on a pier in San Pedro. AsSgt. Dennis Sebenicktried to pull him from the car, Horst slammedthe dooron the officer's arm and punched the gas pedal. Sebenick was pulled about 30 feet until the Subaru plowed into a parkedpatrolcar. Nelson ran over and fired a shot at Horst. By the LAPD account, Horstkept driving, so Nelson took aim and fired two more rounds. Only then, according to the summary, did Horstrelease the car door,freeing Sebenick. Horst, a onetime chef and aspiring artist who had developed a stubborn drug habit, died moments later of gunshot wounds to the upper body. Blood tests indicated he was on methamphetamine. Sebenick suffered a bruised right arm. "Officer Nelson reasonably believed the suspect presented an immediate threat of serious bodily injury or death to Sgt. Sebenick," said the summary submitted by Parks. The commission ruled the shooting "in policy." Unmentioned in the summary, however, were four witnesses whotold detectives that Sebenick was out ofharm's way by the time Nelson openedfire. The witnesses were dockworkers who were unloading a ship that night. Timesreporters listened to tape recordings and reviewed transcripts of detectives’ interviews with the witnesses. They said they had a good viewofthe incident, aided by a spotlightshining down from an LAPDhelicopter. 088 Page 7 Noneofthe dockworkers wascritical of the officers’ conduct, andall seemed sympathetic to the dangers police had faced in dealing with Horst. Yet all four said matter-of-factly that Horst was killed after he had ceased to pose a threat to Sebenick. Dockworker Ted Lucich said Sebenick wasoffto the side of Horst's car, being tended to by fellow officers, before Nelsonfired. "This was before the shots were fired?"a detective asked. "Yes," Lucich replied. Joel Vitalich said he saw Sebenick approach Horst's car and become entangled in the door. Horst "traveled about 10 to 15 feet with the officer trapped," he said. "When they stopped, two police officers ran to the sergeant and pulled him out.... Then I heard a boom, a pause and boom-boom-boom." A third witness, Edward Loy, said he saw officers rush to Sebenick's aid before Nelson shot the motorist. "Once they got him cleared is when I heard those shots go off,” Loy said. Sean Dovertold detectives: "The officer that was hanging on [to Horst's car] either fell off or let go..... Then I heard two or three pops.” Detectives did not press the witnesses for more information aboutthe timing ofNelson's gunshots, the tape recordings show.In fact, one investigator appeared to offer a justification for the shooting. "It's something [the officers] had to do, unfortunately, because they saw a brotherofficer getting hurt," Det. Matthew Kuckowicz said to one ofthe dockworkers. "You know, weare going to get second-guessed onthis by the news media and different groups and everything else and you guysare goingto be the onesthat, uh, you know." Kuckowicz did not respond to a request for comment. Nelson, who remains on the force,also declined to be inter- viewed. Paul Mills, whofiled a federal civil rights suit against the LAPD on behalf of Horst's parents, said he was not sur- prised that the dockworkers' observations were absent from the summary. "It's the classic LAPD procedureof....disregarding the non-police witnesses to the extentthat they say anything non-favorable to the officers," he said. Thecity settled the lawsuit for $99,999.99. That is one penny below the sum that would have required City Council approval -- and subjected the shooting to additional scrutiny. * A Flurry of Changes In the last few years, the LAPD has come under renewedpressure to investigate shootings morerigorously and dis- close the results more fully. The death of Margaret Mitchell provided part of the stimulus for change. Mitchell, 55, a mentally ill homeless woman, was pushing a shopping cart near 4th Street and La Brea Avenue on May 21, 1999, when Officer Edward Larrigan stopped her to find out whetherthe cart was stolen. Larrigan said he shot the 5-foot-1 Mitchell in self-defense when she lungedat him with a screwdriver. Whenan outcry ensued, the commission took the unusual step ofreviewing transcripts of detectives’ tape-recorded interviews with witnesses. LAPDofficials had said that bystanders corroborated Larrigan's statement. Yetthe transcripts showedthat someofthose witnesses said Mitchell had not lunged at the officer. The commissioners declared the shooting "out of policy." The Rampart scandal, marked by revelationsthat anti-gang officers had routinely framed suspects and covered up unjustified shootings, added to the pressure for reform. A flurry of changes resulted, some embodied in a 2000 consent decree bet ween the city and the U.S. Justice De- partment. The LAPD wasrequired to give the commission more information about shootings,including transcripts ofall witness statements. In drafting summaries, the department wasto include evidence that cast doubt on officers’ accounts. 089 Page 8 Though impressive on paper, the changes have not ensured that commission membersreceive the full, unvarnished facts. That much is evident from the case of Jason Mitchell. * "No Reason to Shoot! On the morning ofJune 11, 2002, two patrolmen pulled Mitchell over on West 65th Place in South Los Angeles. They said he had cut off oncoming traffic when he made hasty left turn from Western Avenue. Officer Anthony Perez ran a computer check and learned that Mitchell's driver's license had been suspended. Perez told him that by law, he would have to impoundhis black Ford F150 pickup. Mitchell, 33, a hairdresser, replied that he'd gone to court and cleared up the questions abouthis license. "All that information is at my house," he said, according to an audiotape madeby a recorder in Perez's shirt pocket. "T'm two blocks down." Perez said it made no difference. "So what do you want me to do?" Mitchell asked. "Nothing," Perez said. "There's nothing you can do right now." Momentslater, apparently worried that Mitchell might flee, Perez stepped onto the running boardofthe pickuptruck, reached through the open driver's side door andtried to turn off the ignition. Mitchell protested, then put the truck in gear and pulled away, with Perez holding on to the doorframe. Mitchell veered across the street and sideswiped a parked car. Then the pickup jumped a curb and rolled toward a house. Perez,still on the running board,feared that Mitchell intended to crush him against the house, according to the LAPD. Hedrew his .45-caliberpistol and shot Mitchell twice,killing him. The departmentlater admonished Perez for tactical mistakes and said he should never have stepped on the running board in thefirst place. Nevertheless,police officials said, he was justified in firing, because his life was in danger. Two witnessestold a different story. Auto mechanics Dudley Latham and Errol Banketwere standing outside their repair shop. They said Perez shot Mitchell after the truck had plowed into a carport and cometo a stop. Both said Perez was not in any danger whenhefired. "Afterit hit the building, the officer backed up and pulled the weapon and shot," Latham told LAPD Det. Brian Carr. "There was no reason to shoot," Banket told the same detective in a separate interview. To sort out the conflicting accounts, the LAPD hired a consulting firm, Biodynamics Engineering Inc. of Pacific Palisades, to reconstruct the incident using Perez's audiotape and other evidence. The firm produced a 13-page report and a computer-generated video, both indicating that Perez's story was consistent with the evidence. The summary that ChiefBratton submitted to the commission in May 2003stated that the reconstruction “refuted the witnesses' perceptions that Officer Perez stepped off the truck after it came to a stop and then fired his rounds." That was further than Biodynamics was prepared to go. Onthefirst page of its report, the firm said the findings were "not intended to prove or disprove" Perez's account. Theauthorsalso acknowledged that they could not determine from listening to the tape exactly when Perezfired -- before orafter the truck had stopped. Parris Ward, one of the authors, said in an interview that the evidence could be interpreted as showing that Perez shot Mitchell after the pickup had crashed, just as the two witnessessaid. There was another problem with the summary. Despite the post-Rampart promises,it did nottell the wholestory. The report said Mitchell suffered two gunshot wounds -- one to the head and one to the neck. Looking through the LAPD's full investigative file, Carl Douglas, a lawyer for Mitchell's parents, found a coroner's documentthat described a third gunshot wound-- to Mitchell's left middle finger. 090 Page 9 Douglas told city lawyers that if the case wentto trial, he would argue that Mitchell was shot while raising his hands in a gesture of surrender. In June, the city paid $1.25 million to settle the case. A monthlater, Times reporters asked the LAPD why the summary made no mention of the finger wound. Police officials said they had notrealized it was from a gunshot. They then reopenedtheir investigation, contacted the coroner and confirmed that the injury was from a gunshot. But in the end, LAPD officials decided to stick to their original view that the shooting wasjustified. They did so without presenting the new information to the Police Commission, which had long since ruled the shooting "in policy." Mitchell's father, Don Matthews,is a retired Los Angeles Countysheriff's lieutenant. Hesaid thatatfirst, he and his wife, Judy, trusted police to conduct an objective investigation. Not anymore. "Theylet a routine traffic stop escalate to the point of someone dying," he said. "The whole LAPDinvestigation was designed to justify the officers' actions, not to find all the facts." * Layers of scrutiny Officer-involved shootings are supposedto be the mostclosely scrutinized ofall police actions. LAPDprocedures: Step 1: Specially trained detectives go to the scene, collect evidence and interview police officers and witnesses. Later, they write a detailed report. Step 2: The Use of Force Review Board,a panel of high-ranking LAPD officials, examinesthe case and decides whetherofficers acted "in policy.” If not, the board can call for retraining or disciplinary action. Step 3: The police chief modifies or accepts the board's findings. Step 4: Staff officers write a four- to eight-page summary ofthe incident, with the chief's recommendations. Step 5: The Police Commission deliberates behind closed doors and makes the final decision. * Source: LAPD * Police Commission at a glance Five members,all civilians, set policy for the Police Department and supervise the chief. They are appointed by the mayor, with consentofthe City Council, and serve a maximum of twofive-year terms, without pay. David S. CunninghamIII, president; lawyer specializing in land use Alan J. Skobin, vice president; general counsel, Galpin Motors Inc. Rick J. Caruso, real estate developer Rose Ochi, lawyer, formerassistant U.S. attorney general Corina Alarcon,political activist, heads a nonprofit that aids battered women Staff: 90 employees, including executive director, inspector-general, detectives and managementanalysts. x Wheninformation is omitted Victims ofLAPD shootings sometimes win large legal settlements or jury verdicts against the city -- even when the Police Commission has ruled that the officers acted properly. One reason: The commission often does not haveall the facts. Here are 15 shootingsthe panel found"in policy”that later resulted in legal payments of $500,000 or more.In each case, the commissionbasedits ruling on an investigative summary from the LAPDthat omitted key information. 091 Page 10 Jan. 22, 1986 Victim: Javier Perez, 28, shot and killed in the parking lot of a Van Nuys condominium complex. Police account: Perez, suspected in a hit-and-run accident, swung a baseballbat at an off-duty officer. Plaintiff's account: The officer beat the unarmed Perez with the butt of his gun, then shot him repeatedly while the suspect wason his knees. Missing from LAPD summary: The angle at which bullets entered Perez's body contradicted the officer's account. Commissionruling: In policy. Legal payout: $630,000. * Nov.6, 1987 Victim: Adelaido Altamirano, 41, a Los Angeles Coliseum groundskeeper, shot and paralyzed from the waist down. Police account: Altamirano pointed a gun at an off-duty officer. Plaintiff's account: Altamirano brandished a gun to fend off a mugger. Theofficer shot without warning. Missing from LAPD summary: The path ofthe bullet through Altamirano's body showed he wasnot pointing his gun at the officer when he wasshot. Commissionruling: In policy. Legal payout: $5.5 million. * March 23, 1988 Victim: Jaime Cardona, 24, shot and paralyzed from the waist down outside a San Fernando Valley apartment building. Police account: Twoofficerstried to arrest Cardonaforallegedly brandishing a gun. One officer shot Cardona when he tried to grab her partner's weapon. Plaintiff's account: Cardona was unarmed and never made a moveforthe officer's weapon. Missing from LAPD summary: Civilian witnesses said Card ona did not grab the officer's gun. Commissionruling: In policy. Legal payout: $675,000. + Jan. 13, 1993 Victim: Clarence Watson, 26, shot and paralyzed from the waist down after a traffic stop in South Los Angeles. Police account: Watson pointed a gun at the officer. Plaintiff's account: Watson was unarmed. Missing from LAPD summary: Gunshot wounds to Watson's right palm indicate he was not holding a gun. Commissionruling: In policy. Legal payout: $3.5 million. * April 25, 1993 092 Page 11 Victim: Justice Hasan Netherly, 43, shot to death on the porch of his South Los Angeles homeafter he called 911 to report a disturbance. Police account: Netherly threatened an officer with a weapon that appeared to be an ax.It turned out to be a large stick. Plaintiff's account: Netherly called police after getting into an argument with his brother. By the time police arrived, his brother had left. The officer shot Netherly without cause. Missing from LAPD summary:A neighbor who witnessed the incident said Netherly did nothing to provoke the shooting. Commissionruling: In policy. Legal payout: $600,000. June 27, 1993 Victim: Joseph Flores, 27, shot and wounded outside a South Los Angeles apartmentbuilding. Police account: Flores lunged at an officer summonedto quell a domestic dispute. The officer, mistakenly believing Flores had a knife, shot him. Flores was suicidal and deliberately instigated the shooting, hoping to bekilled. Plaintiff's account: Flores was unarmedanddid not lungeat the officer. Missing from LAPD summary: Florestold an investigator that he did not lunge but, rather, stumbled downstairs while trying to surrenderto the officer. Commissionruling: In policy. Legal payout: $570,000. * Dec. 16, 1993 Victim: Sonji Taylor, 27, shot repeatedly, including seven times in the back,and killed after threatening her 3-year-old son with a knife. Police account: After police rescued her son, Taylor lungedat officers with a butcher knife. Plaintiff's account: Taylor did not lunge at officers. Missing from LAPD summary: A security guard said Taylor wasnot close enoughto harm the officers when they openedfire. Commissionruling: In policy. Legal payout: $2.45 million. * Oct. 8, 1994 Victim: Larry Friedman, 24, shot and paralyzed from the chest downafter officers responded to a disturbanceat a group home in Northridge. Police account: Friedman lungedat police with a kitchen knife. Plaintiffs account: Friedman made no aggressive move towardpolice. Missing from LAPD summary: Twocivilian witnesses said Friedman did not threaten the officer. Commissionruling: In policy. Legal payout: $3.25 million. * 093 Page 12 March 11, 1996 Victim: Eduardo Hurtado,29, shot and killed after police pulled over a car to question occupants. Police account: Officers suspected the occupants were gang members in stolen car. Hurtadotried to pull away while an officer was leaning into the vehicle. Plaintiff's account: Officers fired without provocation. Missing from LAPD summary: A passenger's account suggested that officers chased the car not because they sus- pected it was stolen, but because one of the occupants made an obscene gesture at them. Commission ruling: In policy. Legal payout: $900,000. * July 20, 1996 Victims: Juan Saldana, 19, killed, and Oscar Peralta, 19, injured, in a Mid-City apartment building. Police account: Saldana and Peralta pointed gunsat policeofficers. Plaintiff's account: The two men were unarmed.Theofficers planted guns on them. Missing from LAPD summary: Witness statements that contradicted the officers’ account. Commissionruling: In policy. Legal payout: $710,000. * April 17, 1997 Victim: Peter Williams, 40, shot in the stomach outside a Van Nuystattooparlor. Police account: Williams threatened a detective with a hammer. Plaintiff's account: Williams picked up the hammerto defend his boss, who wasin a fistfight with a customer. Missing from LAPD summary: Witness accounts did not support the detective's claim that Williams threatened him. Commissionruling: In policy. Legal payout: $950,000. * June 18, 1997 Victim: Leonard Robinson, 51, shot and wounded during a narcotics raid. Police account: Robinson pointed a shotgun at an officer. Plaintiff's account: Robinson had dropped the shotgun and wastrying to surrender. Missing from LAPD summary: Woundsto Robinson's right palm and index finger indicated that he had his hands in the air. Commission ruling: In policy. Legal payout: $2 million. * Jan. 1, 1999 Victim: Terry Taylor, 35, shot and killed in the backyard of his South Los Angeles home during a New Year's Eve celebration. 094 Page 13 Police account: Taylor pointed a shotgun at police. Plaintiff's account: Taylor was unarmed. Another man washolding the shotgun, which was unloaded and inoperable. Missing from LAPD summary:A relative of Taylor's told investigators that he -- not Taylor -- was holding the gun. Blood andballistics evidence also contradicted the police account. Commissionruling: In policy. Legal payout: $2.6 million. * Feb. 8, 1999 Victim: Frank Harris, 14, shot at by police investigating alleged drug activity in a South Los Angeles home. Police account: Harris pointed a gunat an officer. Plaintiff's account: An officer masquerading as a gang membershot without cause and planted a gun to justify his actions. Missing from LAPD summary: Thedistrict attorney's office was investigating the officer for possible criminal conductin the shooting. Anearlier search of his locker found a fake gun, which investigators believed he intended to plant. Commissionruling: In policy. Legal payout: $1.7 million to Harris and co-plaintiffs. * June 11, 2002 Victim: Jason Mitchell, 33, shot to death after a traffic stop in South Los Angeles. Police account: Mitchell drove away with a police officer standing on the running board ofhistruck, then rammed parked cars in an attempt to harm theofficer. Plaintiff's account: The officer shot Mitchell! after the truck had cometo a stop and he was no longerin danger. Mitchell had his handsraised in surrender. Missing from LAPD summary: An unexplained gunshot wound to Mitchell's hand. Commission ruling: In policy. Legal payout: $1.25 million. * SOURCE:LAPD,city attorney's office, court records GRAPHIC: GRAPHIC:Adhering to policy CREDIT: Los Angeles Times PHOTO: KEEPING A DISTANCE:Police investigators shoo a news photographer away from the scene of an officer-involved shooting in West Los Angeles. PHOTOGRAPHER:Luis Sinco Los Angeles Times PHOTO: PROTEST: A demonstrator holds a sign bearing a photo of Terry Taylor, lower right, who was shotby police in 1999. The Police Commissionruled the shooting "in policy," based on partial information. Confronted with the full facts, the city later decided to pay Taylor's family $2.6 million to settle a lawsuit. PHOTOGRAPHER:Luis Sinco Los Angeles Times PHOTO: GRIEVING:Richard Mitchell and his wife, Brenda Haag,visit the spot where his mother, Margaret, was killed. PHOTOGRAPHER:Luis Sinco Los Angeles Times PHOTO: DETERMINED:Los Angeles Police Chief William J. Bratton, here answering questions at a news conference, recently reorganized the unit that investigates officer-involved shootings -- the second such overhaulin the last four years. PHOTOGRAPHER:Luis Sinco Los Angeles Times PHOTO: OVERSEERS:Police Commission members David S. Cunningham II], left, and Rick J. Caruso listen to a woman during a meeting at Parker Center. "You've got cops inves- tigating cops," Cunningham said. "There is always going to be a bias.". PHOTOGRAPHER:Ken Hively Los Angeles Times PHOTO: REMEMBERING:Thefamily of Jason Mitchell visits his crypt at Inglewood Park Cemetery. Mitchell wasfatally shot by Officer Anthony Perezafter a traffic stop in South Los Angeles in 2002. The Police Departmentcalled 095 Page 14 the shooting justified, but the city paid the family $1.25 million after new evidence emerged. PHOTOGRAPHER:Luis Sinco Los Angeles Times PHOTO:'I LAID BACK AND RAISED MY HANDSUP": Leonard Robinson takes a walk near his home in Kaplan, La. Evidence not seen by the Police Commission showed that Robinson hadhis handsin the air when LAPD Officer JeffNolte opened fire during a drug raid on a Gardena motel. Robinson wasn't aiming a weaponat Nolte, the jury hearing his civil rights lawsuit found; he wastrying to surrender, PHOTOGRAPHER:Luis Sinco Los Angeles Times PHOTO: VINDICATED:Leonard Robinsonrelaxes at his home in Kaplan, La. Robinson's right hand was mangled in an LAPDshooting. Based on incomplete information, the Police Commissionruled the shooting justified. Robinson later collected $2 million in damages. PHOTOGRAPHER:Luis Sinco Los Angeles Times PHOTO:Police Commissionat a glance: Corina Alarcon, political activist, heads a nonprofit that aids battered women PHOTO:Police Commissionat a glance: Rose Ochi, lawyer, former assistant U.S. attorney general PHOTO:Police Commissionat a glance: Rick J. Caruso, real estate developer PHOTO: Police Commissionat a glance: Alan J. Skobin, vice president; general counsel, Galpin Motors Inc. PHOTO: Police Commission at a glance: David S. CunninghamIII, president; lawyer specializing in land use PHOTO: Leonard Robinson PHOTO:Terry Taylor PHOTO:Jason Mitchell PHOTO:Sonji Taylor PHOTO: Juan Saldana LOAD-DATE:October 19, 2004 096 Page 1 LexisNexis” 1 of 1 DOCUMENT Copyright 2004 Los Angeles Times All Rights Reserved Los Angeles Times October 17, 2004 Sunday Home Edition SECTION: MAIN NEWS;Metro Desk; Part A; Pg. 26 LENGTH:613 words HEADLINE:A Second Lookat an 'Ambush' BYLINE:Scott Glover and Matt Lait, Times Staff Writers BODY: The three LAPD officers described it as an ambush. Suspectsfired at them from the balcony ofan apartmentbuilding, they said, forcing them to run for cover. The officers then shot back, wounding twoofthe assailants. Long before Officer Involved Shooting No. 1-96 came underscrutiny in the Rampart scandal, high-rankingpolice officials knew there was no evidence to support the officers’ claim of self-defense. But the brass did not share that knowledge with the Police Commission.Instead, they let the officers’ story stand unchallenged. The commission ruled the shooting "in policy.” The incident occurredjust after midnight on Jan. 1, 1996. Rampart Division officers Brian Hewitt, John Collard and Daniel Lujan said they were searching for New Year's Everevelers firing guns into the air when, suddenly, they came underattack. Without provocation, gunmen unleashed a barrage from the second-floor balcony of an apartmentbuilding west of downtown,the officers said. They said they ducked behind a parked car anda pillar as the suspects blazed away at them. Three men werelater arrested. Whenthe facts were presented to the Use of Force Review Board -- a panel of high-ranking LAPDofficers -- board members were troubledto learn that investigators had not found any bullet marks on the parked car or thepillar. The evidence does “not support officers' belief they were underattack," according to handwritten notes taken bystaff officers during the review board's secret deliberations. "We now know suspects were not shootingatofficers." Statements taken from the suspects that nightalso cast doubt on the officers’ story. Demetrio Delgado, 18, and his brother, Vicente Roman, 28, both Mexicancitizens, said they had fired not at the of- ficers but into the sky to celebrate the new year. Their father, Sebastian Delgado, 51, said he had notfired a weaponatall. Noneofthe men had criminal records. Three relatives who were in the apartment supported their accounts. In the summerof 1996, the case went before the Police Commission. In finding the officers’ actions "in policy," the commission relied on an LAPD summary that made no mention ofthe suspects’ statements, the review board's concerns or the absence of bullet marks. 097 Page 2 A Second Look at an 'Ambush' Los Angeles Times October 17, 2004 Sunday Demetrio Delgado and Romanpleaded no contest to negligently discharging a weapon. They were sentenced to probation. A judge dismissed the charges against Sebastian Delgado. That probably would have been the end ofthe matter. But in 1999, Rafael Perez, the corrupt anti-gang officer at the heart of the Rampart scandal, told investigators that it was the Mexicans, not the police, who had been ambushed. Perez, who arrived at the scene momentsafter the shooting, said his fellow Rampart officers told him they had watched the Mexicansfire into the air, waited for them to stop, and then openedfire on them. The department was now obliged to take a second lookat the case. Bernard C. Parks, the police chiefat the time, had served on the review board that examined the shooting. So had LAPD Cmdr. Daniel Schatz. Parks named Schatz to lead an investigation into Perez's numerousallegations of police misconduct, including the New Year's shooting. Butthe investigation languished. Police did not submit their findings to the district attorney's office until June 2003. This past August, prosecutors said they had decidednotto file charges against the officers because of insufficient evi- dence. Schatz, now the police chief in Prescott, Ariz., said he rememberedlittle about the case. Parks, now a city councilman and mayoral candidate, declined to comment. Noneofthe three officers was everdisciplined for his actionsthat night. LOAD-DATE:October 17, 2004 098 Page 1 ) LexisNexis” 1 of 1 DOCUMENT Copyright 2004 Los Angeles Times All Rights Reserved Los Angeles Times February 29, 2004 Sunday HomeEdition SECTION: MAIN NEWS;Metro Desk; Part A; Pg. 1 LENGTH:2522 words HEADLINE:TheState; Bratton Critical of Firing at Cars; A Times analysis finds that LAPD officers haveshot at motorists more than 100 times since 1985, killing 25. The chief weighs changes. BYLINE: Matt Lait and Scott Glover, Times Staff Writers BODY: Los Angelespolice officers have openedfire on motorists more than 100 times since 1985, killing 25 people and injuring at least 30 others, despite a policy that strongly discourages such shootings, according to a Timesanalysis. The practice came underscrutiny last week after a dramatic police pursuit captured on live television ended when three officers fatally shot a robbery suspect ashis car rolled slowly toward them in reverse. Since the Santa Monica shooting, which remains under investigation, Chief William J. Bratton has said that he was already considering a ban on shooting at moving vehicles. Police departments in Boston, Cincinnati, Detroit and othercities have adopted suchrestrictions in recentyears, in somecasesafter high-profile incidents in which officers shot andkilled motorists. "Clearly we have issues that need to be addressed," Bratton said in an interview last week. Experts on the use offorce said that, instead of shooting at an oncoming car, officers shouldtry to get out of the way. Woundingorkilling the driver, they said, may cause the vehicle to veer downthe road, increasing the threat. And, missing the target, they said, puts innocent bystanders in jeopardy. "Exceptas the last resort, shootings at vehicles should be banned," said Geoffrey Alpert, a professor at the University of South Carolina, who has helped police agenciesdraft policies on the use of deadly force. "It has to be a pretty extreme situation to shoot at a car.” Bratton and a numberofhis recent predecessors at the LAPD havecriticized officers for shooting at people in cars whensuchsituations could have been avoided. But they have concluded, more often than not, that officers were justified in pulling the trigger. LAPDofficers are entitled to use deadly force to protect themselves or others from the immediate threat of death or serious bodily injury. They also are permitted to shootat fleeing felons, but only in cases in which the person is suspected ofhaving seriously hurt or killed someone -- or attempted to -- and there is a "substantial risk" that the suspect will do so again, if not apprehended. 099 Page 2 According to the department policy manual, "firing at or from moving vehicles is generally prohibited. Experience showssuch actionis rarely effective and is extremely hazardous to innocent persons. Deadly force shall only be exercised whenall reasonable alternatives have been exhausted or appear impracticable." Overthe years, vehicle shootings have damagedorruined officers' careers and cost taxpayers millions of dollars in civil settlements and jury verdicts. The practice of shooting at vehicles has brought more sanctionsin civil courts than in the LAPD's internal disciplinary structure. Yet the practice has continued ata fairly steady rate since 1985, with LAPD officers firing at motorists an average of half a dozen times a year since then, the police data show. In 90% ofthe more than 100 cases reviewed by The Times, officers were reprimanded or ordered to undergore- training because they had erred in actions leading up to the shootings. But in about 60% of the cases, police officials concluded that officers had been justified in openingfire. The Timesreview is based on police records from 1985 through 2002, obtained throughthe state Public Records Act. It covers more than 1,300 cases in which LAPDofficersfired at suspects. The review also includes several cases from 2003 and 2004 that remain underinvestigation by the department. The cases analyzedfell into two categories: those in which a vehicle was the only weapon suspects allegedly were using against police at the time officers opened fire; and those in which suspects were attempting to drive away from police. Cases in which a suspect wasshotat while pointing a gun at officers from a moving vehicle were not included. The records did not indicate that any bystanders had been shotin the car shootings. The Times database doesnot indicate whether vehicles had veered out of control during those incidents and injured other motorists. In about 40 cases, police officials concludedthat the officers’ decision to use deadly force had been sofaulty that the shootings had been "out of policy" and should not have occurred. In someofthose cases, records show,officers unreasonably believed unarmed suspects were trying to run them down.In others, officers shot at fleeing suspects in situations that were unwarranted under LAPDpolicy. Jeffrey Eglash, the Police Commission's former inspector general who has expressed concernsover car shootingsin the past, said officers are told as recruits at the academy that moving vehicles can pose deadly threats. But some officers, he said, misconstrue that warning. "It's like, oncoming car equals deadly threat equals shoot," Eglash said, explaining that officers sometimes fail to consider alternatives, such as simply getting out of the way. "If a car is being driven slowly in the general vicinity of an officer, and the officer is not in dangeror can easily get out of the way, it would seem that the use of deadly force was not a last resort, as department policy requires." Shooting at moving vehicles is not a problem confined to the LAPD. At the Los Angeles County Sheriff's Depart- ment, officials report that a significant portion of deputies' shootings occur when a vehicle is perceived to be a deadly threat. Like the LAPD,the Sheriff's Department does not specifically keep track of shootings at vehicles. Michael Gennaco, who headsthe sheriff's Office of Independent Review, said he believed there had been far too many such shootings by the Sheriff's Department. He added that he andhis staff were reviewing the department's policy on deadly force with regard to shooting at moving vehicles and planned to recommend changes. In last week's LAPD shooting,three officers shot and killed Nicholas HansKillinger, 23, of Malibuafter a 90-minute car chase before dawn. Monday's chase beganafter Killinger, armed with a knife, allegedly robbed an Agoura Hills gas station of $180 and tied up an attendant, policesaid. A videotape ofthe shooting, which took place in front of Santa Monica High School, showsKillingerfailing to complete a U-turn at an intersection and driving onto a sidewalk. As Killinger started to back up slowly,the officers -- who were standing behind the doors oftheir parked squad cars -- fired a barrage of bullets, striking him numeroustimes. The officers said the y feared fortheir lives. Video of the shooting has been aired repeatedly in Los Angeles and across the country. Attorney Stephen Yagman, whohas beenhired by Killinger's family, said he believed the officers had clearly overreacted. 100 Page 3 "Thatcar rolling slowly backward couldn't possibly have been perceived by any reasonable police officer as a deadly threat,” said Yagman, whohasfrequently sued the LAPD. "It was a cold-blooded, unjustified killing, which in my bookis murder." Chief Bratton warned against jumping to conclusions. “Was it in policy or out of policy? Atthis stage it's too early totell,” he said. "There's very significant video coverage ofthe events that will be helpful in making those determinations. But, as we've seen in the past, video doesn't alwaystell the story." The Timesreview of car shootings showsthat police officials have often found errors in judgment, including serious onesthat precipitated the need to use deadly force. But in many cases, even whenpolice officials concluded that the officers' actions leading up to the shooting had violated departmentpolicy, the shooting itself had been found to be jus- tified. Such was the case with the June 11, 2002, police shooting ofJason Mitchell. Officers Anthony Perez and Michael Estrada pulled Mitchell over after they watched him make an unsafe turn onto 65th Place in the LAPD's 77th Street Division. Mitchell gotout of his truck and gavehisdriver's license to Officer Perez. As Mitchell waited on the sidewalk nearby, Perez did a routine check ofthe license and discoveredthat it had been suspended. Theofficer then told Mitchell that he was going to impoundthe truck. Mitchell told the officers he was goingto re- trieve documentation from his nearby hometo provethat the suspension had beenlifted and got into the vehicle, which wasstill running. As Officer Perez climbed onto thetruck's running board and reached throughthedriver's side windowin an attemptto turn offthe ignition, police said, Mitchell began to drive away. Accordingto police, he veered across the roadway and began runninginto parked cars, "attempting to dislodge"theofficer. Perez drew his .45-caliber pistol and fired two quick rounds,striking Mitchell in the head and neck. The 33-year-old died a short time later. Bratton faulted both officers for leaving the truck running and for allowing Mitchell to return to the vehicle; both lapses weresaid to have facilitated the attempt to leave the scene. In addition, the chief criticized Perez for mounting the truck's running board and for reaching into the windowto turn the vehicle off. "This placed Officer Perez in a tactically disadvantaged and dangerousposition," the chief wrote. Nonetheless, Bratton recommended to the Police Commission that the shooting be found "in policy" because Perez had been in fearfor his life when hepulled the trigger. The civilian Police Commission, which has thefinal say on whether a shooting is within department rules, agreed. Mitchell's family has filed a wrongful death lawsuit against the city, which is pending in Superior Court. Another case in which departmentofficials recently criticized the officers’ tactics but found a shooting "in policy" involved a young Marine and his friends who were suspected of breakinginto a car. The incident beganin the city's south end, when Newton Division Officers Tommy Thompson and Lyman Doster heard a car alarm going off and looked over to see two young men run away from thevehicle. Suspecting that the two had been attempting to break into the car, the officers gave chase, Dosterin the patrol car and Thompson onfoot. Momentslater, Doster believed he saw the burglary suspects in a car, its lights off, going downanalley, police said. He radioed Thompsonthat the car was headed in Thompson's direction. Within seconds the car emerged from thealley, spun out and ran into a curb on 52ndPlace, police said. Thompson drew his gun,pointedit at the car along with his flashlight and yelled "Stop! Police!" he later told inves- tigators. As the officer walked toward the vehicle, the driver "suddenly accelerated toward him at highrate of speed,” police said. Thompsonsaid that he had again shouted "Stop!" but that the car had just kept coming. Atthat point -- for the third time in his six years with the LAPD -- Thompsonstarted shooting. Hefired five shots at the Lexus. 101 Page 4 The driver, 19-year-old Miguel Lopez, lost control of the car and plowedinto a tree. Two ofhis four teenage pas- sengers were wounded by gunfire; the other two werekilled in the crash. Police later conceded thatthere had been no evidence linking any ofthe suspects in the car with the auto burglary that the officers had beeninvestigating. Chief Brattoncriticized both officers on several fronts, including Thompson's decision to position himself "in the direct path of the suspect's vehicle." The only available bullet evidence in the case suggested that Thompsonhad shotatthe carafter it had passed him and no longer wasa threat. Experts hired by the LAPD explained that that could have been the result of the "physical lag time" between assessing a threat and reactingto it. "A shooter whois facing an automobile comingat him, therefore, is likely to have someofhis shots actually strike the caras it is passing him -- or even after it passed him," Bratton wrote in a report to commissioners, in which he recommend that Thompson's shooting be found "in policy.” The commission agreed. Lopez,the driver of the car, was charged with assault with a deadly weaponforallegedly attempting to run downthe officer and with two counts of manslaughter in the deaths of the passengers. He is awaitingtrial. Attorney Luis Carrillo, who represented Lopezat his preliminary hearing, said his client had never seen Officer Thompsonstanding in the street or heard the officer yell "Stop!" He said Lopez had merely been trying to pull his car away from the curb and outinto the street -- where Thompson was standing -- whenthe officer opened fire without warning. Carrillo said that Lopez, a corporalin the Marines,had little motive to flee from a police officer, much less to attempt to run one over. "This officer overacted," Carrillo said. "He panicked." Officers haven't always escaped punishmentfor shooting at motorists. In fact, two of the three cases in the LAPD's recent history in which officers have been charged with crimes after on-duty shootings involved police who had fired at motorists. In 1992, Officer Douglas Iversen was charged with murderafter fatally shooting a tow truck driver, John L. Daniels, as he drove away from a South Central Los Angeles gasstation. Iversen knew thedriver's truck had previously been impounded and wanted to question him about thestatusofhis license. He said he had openedfire because he believed the driver represented a threat to nearby pedestrians. Iversen wastried twice, but neither jury was able to reach a unanimousverdict. The charges against him were ulti- mately dropped. The city later paid $1.2 million to settle a lawsuit filed by the tow truck driver's wife. In the summerof2000, Officer Ronald Orosco openedfire on a 66-year-old retiree who had been complaining about a traffic citation he had just received from the officer and his partner. Oroscoinitially argued through his attorney that he had shot Charles Beatty because, after he had leanedinto the suspect's car, Beatty had punchedthe gas pedal, leadingthe officer to believe the man was attempting to drag him into traffic and kill him. Orosco fired four times, striking Beatty once in the back. Prosecutors, concluding that the evidence in the case did not support Orosco's account, charged the officer with as- sault with a:deadly weapon, arguing that he had shot Beatty, not out of fear forhis life, but out of anger. Theofficer ultimately pleaded no contest to a lesser charge of firing into an occupied vehicle, and was sentenced to five years in state prison. A civil court jury subsequently awarded Beatty more than $2 million. Chief Bratton said that, although several recent car shootings captured on video had concerned him,he andhis staff had been considering greater restrictions since last summer. "Weare not approaching this with a knee-jerk reaction," he said. * Shooting ar cars 102 Page 5 Despite a Los Angeles Police Departmentpolicy that says shooting at moving vehiclesis generally "prohibited" and “extremely hazardous to innocent persons," officers have fired at motorists with regularity since 1985, killing 25 and injuring 30. Timesstaff writers Doug Smith and Andrew Blankstein contributed to this report. GRAPHIC: GRAPHIC: Shooting at cars (Note: graphic not archived) CREDIT: Los Angeles Times PHOTO: DEADLY ENDING:LosAngelespolice officers fire on a car backing up toward them after a chase that ended in Santa Monica. The shooting, in which a robbery suspect waskilled, aired on television. PHOTOGRAPHER: KTLA LOAD-DATE:March 23, 2004 103 Page 1 & LexisNexis” 1 of 1 DOCUMENT Copyright 2003 Los Angeles Times All Rights Reserved Los Angeles Times August 11, 2003 Monday HomeEdition SECTION: MAIN NEWS;Part 1; Metro Desk; Pg. 1 LENGTH:2866 words HEADLINE: THE RAMPART SCANDAL; LAPD Probe FadesInto Oblivion; The investigation that grippedthecity is all but over, though far from done. BYLINE: Matt Lait and Scott Glover, Times Staff Writers BODY: Nearly four years after Rafael Perez told investigators that corruption andbrutality had become commonplaceat the LAPD's Rampart Division, authorities acknowledge that they did notget to the bottom ofhis allegations andthat officers suspected of committing crimes remain on the job. Feuding amongtopofficials, cursory investigations by some detectives and a pervasive police "code ofsilence"all helped to undermine the Rampart probe, a Timesinvestigation found. Asked ifhe wassatisfied that the LAPD had thoroughly investigated the scandal, Police Commissioner Rick Caruso, until recently president of the commission, responded: "No -- quite the opposite." Bill Hodgman,a top prosecutoron the D.A.'s task force, said his "greatest frustration is that I don't feel like we got to the bottom ofit.” Newly obtained confidential law enforcement documents, internal correspondence from the Los Angeles Police Departmentandthe district attorney's office and interviews with more than a dozen prosecutors and detectives have shed new light on the efforts to unravel the Rampart scandal and on the reasons why those efforts fell short. They revealthat: * Police and prosecutors, who were supposed to be working together, instead fought almost from the start. More than a yearinto the investigation,relations had deteriorated to the point that prosecutors called LAPD detectives before a grand jury to determine whetherthey ortheir superiors were intentionally hindering the prosecution offellow officers. No indictments were everissued. * Over the objections of prosecutors, LAPD detectives routinely forced officers suspected of committing crimes to cooperate with administrative investigations. The practice made criminal prosecution of those officers all but impossibie because statements they made in departmental proceedings could not be used against them in court. * At the request of prosecutors, judges overturned the convictions of more than 100 defendants becauseofalleged criminal conduct by police. But the officers responsible were charged in only a handful of those cases and, in more than 30, prosecutors dropped the cases without any public explanation. 104 Page 2 * Last year, Dist. Atty. Steve Cooley disbanded his Rampart task force with a report that minimized the extent of the scandal and failed to address many of Perez's allegations. Cooley, for example, made no mention of eight out of 10 shootings by police that Perez alleged had been unjustified and had been covered up. The Rampart scandal began in September 1999 when Perez pleaded guilty to charges that he had stolen three kilos of cocaine from LAPDevidencefacilities. In exchange for a five-year sentence, Perez promised totell authorities about an unarmed man whom he andanotherofficer had shot and subsequently framed. He also promised to identify corrupt of- ficers. Since then, Perez and sevenotherofficers from the Rampart Division's so-called CRASH anti-gang unit have been convicted of corruption-related offenses as a result of information he broughtto light. Three ofthose convictions were overturned by a judge on procedural groundsin a case that remains on appeal. Morethan a dozen officers who were underinvestigation either resigned or werefired. The city has paid $42 million in civil settlements to defendants allegedly victimized by police misconduct and expects to pay tens of millions more. Asthe scandal unfolded,officials from the Police Department andthe district attorney's office vowed, not only to investigate Perez's claims, but also to provide a full public accounting. The LAPD has never produced such a report, despite repeated requests from the Police Commission,the civilian panelthat oversees the Police Department. Asaresult, the commission and Chief William J. Bratton recently agreed to have a panel of outsiders, headed by civil rights lawyer Connie Rice, review the LAPD's handling of the Rampart investigation. Cooley, who inherited the scandal when hetook office in December 2000, sought last Novemberto fulfill his pledge to accountforhis office's role in the investigation. He released memosbyprosecutorsthat analyzed the evidence in 82 Rampart-related cases and explained why criminal charges had notbeen filed againstpolice officers. Press releases accompanying Cooley's report seemedto cast doubt on Perez, referring to the "so-called Rampart scandal" in which the ex-officer had "told tales of evidence-planting, false police reports and, in somecases, assaults and shootings of gang members." A Times review, however, foundthatthe district attorney's report had addressed only a fraction of the cases in which Perez claimed to have witnessed criminal acts by fellow officers. * Three monthsafter the scandal cameto light, the investigation was fraying. Richard Rosenthal, a deputy district at- torney who hadprosecuted Perez in the cocaine theft case and had been present when Perez accused officers of crimes, said he believed LAPDofficials had been eagerto close the case quickly. Investigators who oncereturnedhis phonecalls suddenly were unavailable, Rosenthal said. Reports he requested were not provided. Delays became common. "It was abundantly clear to me that they wanted this scandal over and they would do anything they could to makeit end," said Rosenthal, who resigned from the district attorney's office two years ago. Despite public pledges of cooperation, then-Dist. Atty. Gil Garcetti and then-ChiefBernardC. Parks feuded. Garcetti accused Parks of withholding reports on police shootings and other documents from his prosecutors. Forhis part, Parks expressedfrustration at the pace ofthe district attorney's probe and pressed for departmentalaction against officers who had committed misconduct. According to newly obtained documents, prosecutors complained that the LAPD was hamperingthe probeby or- dering officers implicated in crimes to give statements about the incidents or face termination. While police can use such "compelled" statements against officers in internal disciplinary cases, prosecutors are barred from using the statements, or anything learned from them, against the officers in criminal proceedings. Prosecutors wanted the LAPDto grant administrative immunity to minorplayersin the scandal, so they could co- operate without fear of being fired. According to Deputy Chief James McMurray, who then ran LAPDinternal affairs, Parks rejected the proposal. 105 Page 3 "T wastold, 'Not now,'" McMurraysaid. Prosecutors were also troubled by a reduction, from about 30 to 15, in the numberofdetectives assigned to probe alleged crimes by Rampart officers. "We continue to be concerned that the numberofdetectives on the 'criminal' side ofthe task force remains depleted at a time whenourinvestigative needs are increasing," wrote then-Head Deputy R. Dan Murphy in April 2000. "I cannot stress strongly enoughourdesire to see the task force returnedto full force, with at least 30 detectives assigned as soon as possible." Parks, now a memberofthe City Council, declined commentforthis article. Someofthe obstacles faced by police and prosecutors were beyondtheir control. For example, deadlinesforfiling charges passed for many of the alleged crimes, which dated to the mid-1990s. Another stumbling block was the inability or unwillingness of officers to recall suspects they had encountered, arrests they had madeorreports they had written. At least seven officers refused to cooperate before a grand jury, documents show. "It's almostlike that invisible barrier," said Hodgman,ofthe D.A.'s office. "Yes, there is a code of silence." At several points during the investigation, prosecutors believed that some LAPDofficers or supervisors were inten- tionally sabotaging the probe. Wheninvestigators for the district attorney served search warrants on Rampart officers,at least one ofthe officers had been tipped off by an LAPD official, according to prosecutors’ internal memos. Andin thefall of 2000, in the days preceding thetrial of the first four Rampart Division officers charged in the scandal, prosecutors discovered that police hadfailed to turn important documents over to defense attorneys. The result wasthat the judge excluded several key prosecution witnesses in a case against one officer. That officer was acquitted. The detectives’ failure to turn over documents on time, among otherthings, prompted prosecutorsto take the ex- traordinary step of launching a grand jury probe to determine whether the detectives-- or their superiors -- were at- tempting to hinder the prosecutionoffellow cops. Prosecutors and police officials declined to discuss details ofthe probe, citing grand jury secrecyrules. "We cannot prove that their withholding of any ofthis information wasintentional, butit is suspicious,” Ellen Aragon,then a top prosecutor on the D.A.'s Rampart task force, wrote in a Dec. 28, 2000 memoto Cooley. "Eitherthere is nothing wrong, beyond a certain level of incompetence, or there is a code ofsilence. We may never know." * As the criminal investigation of the Rampart officers continued, internal affairs detectives developed cases against officers to be handled within the LAPD. In the spring and summerof2000,internal panels known as boardsof rights found three CRASHofficers guilty of misconduct broughtto light by Perez. All three officers were reinstated after arguing in court that there had been technical problemswith their firings. Mostofthe officers accused in disciplinary hearings were found not guilty. Perez, fearing that federal authorities planned to prosecute him for a shooting that they did not believe was covered by his plea deal, began refusingto testify. Meanwhile, accused officers’ attorneys summonedcounty jail inmates whotestified that Perez, while incarcerated, had boasted about makingfalse allegations against former colleagues. While such "jailhouse snitches” are generally afforded very little credibility, those testifying against Perez were different. According to transcripts, board membersat several hearings said they had found the informantscredible. McMurray,the internal affairs commander, said he was disappointed that someofthe officers accused by Perez had been exonerated. In some instances, McMurraysaid, he believed board members had thought the department was being overzealous and had taken it upon themselvesto "rectify that a little bit.” Missed deadlines, McMurray added, allowed someofficers guilty of serious misconductto walk away with slaps on the wrist. 106 Page 4 Among them was Officer Michael Buchanan, who was found guilty by a departmental panel of planting a gun ona suspect, filing a false report and providing false testimony about the 1997 arrest of a gang member. Buchanan'spartner, Officer Daniel Lujan, was foundguilty offiling a false report, testifying falsely andfailing to report Buchananforplanting the weapon. Both officers faced termination until their lawyers successfully argued that the charges against them had beenfiled after the legal deadline. They remain on the job. * When Cooley campaigned to replace Garcetti as district attorney, he repeatedly criticized his opponent's handling of the "worst police scandalin the city's history.” He said Garcetti had failed to see warning signs that could have prevented corruption from flourishing at Rampart and he accused the incumbentofdragging his feet in prosecuting dirty cops. "L.A. Confidential was a movie," Cooley said on several occasions, "Rampartis real." But Rosenthal and two other lawyers on the district attorney's corruption task force, who spoke on the condition of anonymity for fear of retaliation, said Cooley, once elected, seemed to havelittle interest in getting to the bottom of Rampart." It was clear that he felt .. Rampart was Garcetti's problem and it wasn't going to behis,” said Rosenthal, now a civilian monitor for the Portland Police Department. Daysafter being sworn into office, Cooley assigned two new prosecutors -- Hodgman and Peter Cagney-- to take over the Rampart investigation. Valuable time passed as they acquainted themselves with the case. Some holdovers from the Garcetti administration said Cooley's team excluded them from the investigation. "We had prosecutors playing cards, doing puzzles and shopping online," Rosenthal said. "The perception wasthat Cooley felt that everyone assigned to Rampart was a Garcetti loyalist who could not be trusted.” Cooley was openly dismissive ofPerez, whom hereferred to in interviews as a lying drug thief. He announcedthat he would examine Perez's plea deal and see if it could be revoked. Thoughthey neverinterviewed Perez face-to-face, Cagney and Hodgmanalsostarted to doubt Perez's value, referring to him as "the devil." In the end, Cooley's team ofprosecutorsfiled charges against three officers in the beating of a gang member-- a case developed under Garcetti. In November 2001, Cooley announced that he was "closing the book" on the Rampart investigation. Officials in his office promisedto release a final report, explaining why Perez's allegations had not resulted in prosecutions. It was an- other year before that report was released. And when it was madepublic, the prosecutors’ memosexplaining why they had declined to file charges addressed only a fraction of Perez's allegations. Prosecutors did not mention cases such as the Nov. 24, 1997,arrest of Julian Lopez Hernandez on chargesofheroin possession. Perez told investigators that he and Officer Randy Canister had lied in their police report about the circum- stances surroundingthe arrest. "A thorough investigation by detectives from LAPD's Robbery-Homicide Task Force substantiated these allega- tions," wrote Deputy Dist. Atty. Laura Laesecke in court documentsfiled in February 2000, seeking to have Hernandez's conviction overturned. Also omitted was a 1995 case referred to as the "ketchup shooting." In that case, Perez told investigators, a sergeant in the CRASH unit had bragged that he and others had covered up a questionable shooting by a rookie officer to save the young man’s career. The shooting occurred in an apartment. Theofficer allegedly fired prematurely at a suspect who emerged from a bedroom andstartled him. Perez, who wasnot present, said he had beentold that officers contrived a scenario to justify the rookie's actions. Amongotherthings, they allegedly smeared ketchup on a wall of the apartment so the rookie officer could tell investi- gators that he had thought the ketchup was blood and hadpulled his gun in fear for his safety. The LAPD did virtually no investigation on the case for nearly three years, and then only after articles aboutit ap- peared in The Times. Since then, on the orders of current Chief Bratton, investigators have given the case a fresh look. 107 Page 5 Deputy Chief McMurray, who was in charge of internal affairs while the case languished and whenit was reinves- tigated, said he had become convincedthat officers had concocted a coverstory to justify the shooting, as Perez alleged. "I'll go to the grave believing that was an accidental discharge." McMurray said in a recent interview. "Need I say more?" In May, the LAPD referred the case to thedistrict attorney for review, even though the statutory deadline for pros- ecution had expired. The list of cases that Cooley did not account for includes dozens in which prosecutors had asked judges to dismiss charges against defendants -- in some cases, even to let them outofjail -- because of possible police misconduct or per- jury. In at least 30 cases, charges were dropped against defendants but no action was taken against the officers involved. One 1996 case involved "virtually the entire Rampart CRASH unit," according to confidential district attorney's documents. In that case, officers recovered weaponsat a gang party. Perez said that Officer Brian Hewitt had arbitrarily assigned the weapons to gang members, none ofwhom had actually been seen with a gun. Accordingto the district attorney's files, gang members had corroborated Perez's claim and prosecutors under Gar- cetti had planned to question officers before the grand jury. LAPDofficials said they had referred numerous cases to prosecutors under Garcetti, but Cooley had demandedthat they resubmit the cases to his team. In many cases, they did not. Hodgmansaid he and other prosecutors had unsuccessfully "pushed the LAPD to makethese presentations.” It got to the point, he said, where maintaining the task force "was just not worth it."Looking back, Caruso, president ofthe city's Police Commission during much ofthe Rampart investigation, took a dark view of the outcome. The LAPD,he said, had been more concerned aboutlimiting the fallout from the scandal than aboutridding itself of corruptofficers. "I suspect a lot ofit was to sort of circle the wagonsandprotect the fort," he said, "What people forgot about is what the fort is there for. The fort's there to serve the public. The big lesson we have to learn from Rampart is thatit's not about protecting the fort; it's about protecting the city.” GRAPHIC: TARGETS: Samuel Martin, left, David Mack and Rafael Perez, friends and one-time officers, were scru- tinized in the investigation. CANDIDATE'S CRITIQUE:challenger Steve Cooleyassails then-Dist. Atty. Gil Garcetti's handling of the probe in February 2000. Dist. Atty. Cooley disbanded his Rampart task force last year with a report that didn't address many of Perez's allegation.PHOTOGRAPHER:LUIS SINCO Los Angeles Times A BIG DEALIN 2000: Then-LAPD Chief Bernard C. Parks is projected on large screens as he reports to the City Council in February 2000 on the Rampart investigation. PHOTOGRAPHER: KEN LUBASLosAngeles Times BADCOP: Ex-officer Rafael Perez's claims ignited the scandal. PHOTOGRAPHER:Associated Press LOAD-DATE:August 11, 2003 108 ® LexisNexis Copyright 2003 Los Angeles Times All Rights Reserved Los Angeles Times June 22, 2003 Sunday HomeEdition SECTION: MAIN NEWS;Part 1; Metro Desk; Pg. 1 LENGTH:2503 words HEADLINE:The Nation; LAPDPrevails Over Civilian Overseers; Police boards overruled commission's findings that four shootings were improper. Panels have a history of meting out unevenpenalties. SERIES:First in a series of occasional stories about police shootings. BYLINE:Matt Lait and Scott Glover, Times Staff Writers BODY: LAPDdisciplinary boards have overturned the city's Police Commissionat least four times in recentyears, allowing officers to escape punishmentfor shootings that the department's civilian bosses ruled improper, a Times investigation has found. Even in shooting cases in which there was no dispute betweenthe police boards and the commission, penalties were often no more severe than might be imposed whenanofficer lost a piece ofequipment, failed to show up in court or got into a traffic accident. Moreover, the LAPD hasstruggled for years to develop specific punishment guidelines and has meted out inconsistent penalties in shooting cases. In a pair of shootings that occurred just months apart in 2000, forinstance, one officer violated department policy whenheshot and killed an unarmed man. A.few monthslater, another broke the same rules whenhe shot a dog. The officer who shot the dog was given the heavier penalty. Los Angeles' mayor, the former inspector general ofthe LAPD and membersofthe Police Commission are among those questioning a system that some view as dangerously capricious. In addition, Police Chief William J. Bratton and Police Commission President Rick Caruso contend that police disciplinary panels, knownas boardsofrights, have underminedcivilian oversight of the LAPD andlimited the chief's authority to managethe institution. "The system makes no sense," Caruso said last week. "I think it should be disbanded and a new one put in place." The department's disciplinary system received new scrutiny last week after the disclosure that the officer who fatally shot a homeless woman, Margaret Mitchell, in 1999 had not been punished, although the civilian Police Commission had determined that he should have been. The Times, as part of an investigation ofLAPD shootings,has identified three other recent shootingsthat, like the Mitchell case, were found "out of policy" by the Police Commission but in which the commission'sfindings were then effectively overturned by membersofinternal disciplinary panels, with the result that the officers involved were not punished. 109 In a fifth case, whichthe city paid $1.1 millionto settle, the officer was given an "official reprimand” as punishment, but that was later rescinded by the chief of police. All but one of the officers involved in the shootings remain onthe force. At the LAPD, a police shooting is investigated by a special team of detectives. Those investigators interview witnesses, collect evidence and compile a report, which is forwarded to a shooting review board. That board analyzes the incident to assess the officer's tactics leading up to the shooting and the decision to fire the gun. The police chief determines, on thebasis of their work, whetherthe officer's tactics were sound and whetherthe shooting complied with departmentrules. The Police Commission then considersthe chief's analysis and makesthe final determination on the propriety of the shooting. If the commissionrules that a shooting violated policy, its members say, they expect discipline to be imposed. Such instancesare referred from the commission backto the police chief. If the chief is seeking a long suspension or dismissal, he refers the case to a board ofrights, made up of two LAPD commandofficers and one civilian. Any officer can also request a hearing before a board of rights. Although it comes after the commission's consideration of the case, the board of rights hearingis the first step in the process in which an accusedofficer is given the opportunity to mount a defense and to cross-examine any witnessestestifying against him. The chief, under LAPD rules, may reduce the punishment imposed by a board but may notincreaseit. In mostcases, boards accept the judgment ofthe commission and impose some form of punishment. But in some, such as the Mitchell case, board members have defied the commission, the chief, or both. In 1999, for instance, Officer Wayne Cespedes and a partner were respondingto a radio call about a man who was believed to be either mentally ill or under the influence of drugs or alcohol. When Cespedes saw what he thought was a knife in the suspect's hand, the officer drew his gun and took cover behindthe doorof his police car, according to police documents. The suspect then stepped toward Cespedes, coming within about 22 feet of wherethe officer was standing, documentsstate. Fearing that he or his partner -- who wastrying to retrieve a beanbag shotgun from the trunk ofthe police car -- was about to be stabbed, Cespedesfired twice. The suspect, later identified as 56-year-old Gus Woods,died from a shot to the chest. Investigators later discovered that he had been holding an 8 1/2-inch metal rod. Then-Chief Bernard C. Parks, noting that Cespedes had cover and that Woods had been morethan 20 feet away and appeared to have been intoxicated, concluded that "the suspect did not present an immediate threat of death or serious bodily injury." Parks recommendedthat the shooting be found "outof policy.” The Police Commission agreed. The LAPDdisciplinary board that considered the case sawit differently. The board, led by Cmdr. George Gascon, found Cespedesnot guilty. The boardbasedits decision, in part, on a video Cespedes had been shown while he wasa patrolofficer. A sergeant whois a use-of-force expert at the Police Academytestified that several officers who had been shownthevideo at training sessionsin the early 1990s walked away from it with the impression that any suspect who was armed with an edged weapon,such as a knife, and who camewithin 21 feet represented a threat justifying the use of deadly force. The sergeant told board membersthat he was so concerned about the officers' misinterpretation of the tape that he went to a supervisor and had it removed from the department's training program. Gascon, whohas since been promotedto assistant chief in charge of LAPDtraining, said it would have been unfair to punish the officer for doing something that he thought he had been trained to do, evenifthat training turned outto be misguided. In another case, 77th Street Division Officer Luis Navarrete was responding to a burglary call May 31, 2000, when he said a man cameat him with what he thought was a half-gallon glass bottle raised ab ove the man's head,according to the Police Commission's summary ofthe incident. "Believing that the suspect was aboutto strike him onthe head," the summarystates, "Navarrete fired one round.” The bullet missed. The suspect was arrested and booked on suspicionof assault with a deadly weapon. But shooting investigators became suspicious of Navarrete's accountafter interviewing the suspect andthe only other knowncivilian witness to the shooting, the man whohadcalled police to report a possible burglary in the first place. That witnesssaid it had appeared to him that the suspect, whose bottle turned out to be plastic, had been a bystander and that Navarrete had fired at him by accident. 110 Chief Parks concluded that Navarrete might not have been truthful and, in an analysis of the shooting, wrote, "I believe that Officer Navarrete may have becomestartled and accidentally fired one round.” He recommended to the Police Commission that the shooting be found "out of policy." Commissioners agreed. Once again, however, the LAPD disciplinary panel that heard the case did not. Navarrete was found notguilty and, as a result, received no punishment. Navarrete, who is back on patrol in the 77th Street Division, said in a brief interview with The Timesthat he had been relieved by the board's decision. "I wastelling the truth from the very beginning," hesaid. "I wasright and everyone else was wrong.” Although boards have on several occasions overturned the commission, delays in the department's investigative process also have at times rendered the commission's work irrelevant. In 2000, for instance, the Police Commission concluded that Officer Karen Thiffault had improperly shot and killed a 16-year-old boy who was naked and under the influence of drugs whentheofficer said hetried to take herpistol. Morethan a year passed betweenthe incident and the completion of the LAPD investigation into it. That exceeded the statute of limitations for police discipline, so Thiffault was given only a reprimand for the fatal shooting, even though the commission foundthat it had violated LAPDrules. Interim Chief Martin Pomeroyrescinded the reprimand, cleaning the officer's record ofthe offense. The boy's family sued, and the city attorney's office settled the case for $1.1 million. Punishingofficers in shooting cases, LAPD officials said, is a difficult task. They want to send a message that shooting mistakes are serious infractions with grave consequences, but at the same time not be overly harsh with officers who have madepoor, split-second decisions while beingthrust into life-or-death confrontations. From 1985 to 2001 -- the last year for which completestatistics are available -- police commissioners concluded that officers violated departmentrules on the use of deadly force more than 500 times, about one of every five times an officer fired a gun. More than half ofthose shootings were accidents, which almost always are ruled improper. When officers intentionally fired at suspects, they unjustifiably used deadly force one time out of every 12, records show. "An out-of-policy shooting that results in the death of a human being shouldbe taken very seriously," Mayor James K. Hahn said in an interview. "I think the people expect that there ought to be some consequencefor doing something wrongthat causes injury or death to somebodyelse." When LAPD commandersagree that discipline should be imposedin shooting cases, the punishmentsare often uneven. For example, in 2000 off-duty Officer Jose Cortez-Amayashot and killed an unarmed man tryingto sell him a stolen ring at a hamburger stand. His punishment: a two-day suspension. Monthslater, Officer Paul Mosleyshot and killed a bulldog that was fighting with another dog. That shooting, the department concluded, warranted a three-day suspension, WhenOfficer Jamie Bennett shot at, and missed, a 14-year-boy who shone aredlaser light at him in 2000, supervisors concluded that the shooting was out of policy and he was suspended for two days. Officer Ernest Berry shot at, and missed, a fellow officer that he mistook for a suspect in 1999. His actions also were ruled improper, but he received a 15-day suspension. Departmentofficials and otherssaid thatis, in part, because thereis little guidance for LAPD commanders whoare responsible for recommending an officer's punishmentto the chief. In 2001, when a departmentwidedisciplinary guideline was established to help standardize penalties for officer misconduct, the recommended punishments for shooting offenses ranged from an admonishmentto termination,the entire scope ofavailable discipline. Penalties for accidental discharges were morelimited, with the recommended punishmentfora first offense starting at an admonishmentandgoingupto a four-day suspensionif there are noinjuries. The punishmentcould rise to nine daysif there were injuries. At the Los Angeles County Sheriff's Department, by contrast, the guidelines are far narrower. They proposea five- to 10-day suspension for officers guilty of "unreasonable force” if the offense is the officer's first. If an officer is found 111 guilty of using "significant unreasonable force," the penalty ranges from a 10-day suspension to termination, records show. LAPDofficials said some factors can significantly increase an officer's penalty for a shooting offense. They include lying during the investigation, alcohol-related violations and repeated unreasonable use of force or other misconduct. Yet, a review of specific cases in recent years suggested that, even under those circumstances,it is rare for an officer to be fired. Overthe years, officers who have faked their own suicides, mistakenly shot relatives, accidentally killed unarmed suspects and covered up accidental off-duty shootings have kept their j obs. Det. Charles Choe, for instance, had two out-of-policy, off-duty shootings, both of which involved drinking. In 1988, he randomly fired his guninto the air as he walked home from a dinner party where he had consumedatleast eight beers andfive straight shots of cognac. Local police detained Choe, and the LAPD suspended him for 10 days. Seven years later, Choe was drunk again whenhe shot out the window ofa car belonging to the girlfriend ofa friend with whom he was drinking. When police attempted to take Choeinto custody, he allegedly reached for his backup weapon, which wasstrappedto his ankle. He was suspendedfor 129 days but kept his job. In an interview, Choesaid there had been no excusefor his misconduct. "L had to look at myself and realize that I have a problem.I'm not ashamedto say I'm an alcoholic," said the detective, who is now assigned to the Wilshire Division, where he has not had any other shootings. "I took steps to correct my problem." He added: "Other people might notsee it this way, but I did my time. I corrected my problem. AndI think I'm a better man." Geoffrey Alpert, a professor of criminal justice at the University of South Carolina who specializesin police use of deadly force, said discrepancies in penalties underminethe credibility of a disciplinary system. The respective punishments given the officers in the shootings of the dog and the unarmed suspect, for instance, were "ridiculous," he said. Hesaid he thought LAPDofficials "may be falling down becausethey're not distinguishing the type of policy violations, or human rights violations, according to seriousness of type. Life is more important than property." Comparingdiscipline imposedin one incident with that in another incident without considering such factors as an officer's complaint history or the circumstancesof an incident is "much too simplistic," countered LAPD Deputy Chief Gary Brennan, who reviewed The Times'findings. "Maybethere is no way to explainit to the extent that everybodyis goingto be satisfied. But that doesn't mean our response should be penalties that we don't believe arerightto satisfy the public." Jeffery C. Eglash, the LAPD's inspector general from 1999 to 2002, said he believed the department needed to doa better job in making sure that discipline imposed on officers corresponded to their misconduct. The LAPD,he said, should not be seen as placing more value on a dog's life than a man’s. "We get so immersed in the particulars of a case that we don't sit back and look at the bigger picture," said Eglash, nowa private attorney. "We don't sit back and look at punishments in oneclass of cases against another. We should do that." * Timesstaff writer Doug Smith and researcher Offer Egozy contributed tothis report. GRAPHIC: GRAPHIC:Review findings CREDIT: Los Angeles Times GRAPHIC: Deadly force CREDIT: REBECCAPERRYLos Angeles Times LOAD-DATE:June 22, 2003 112 Page 1 LexisNexis” 1 of 1 DOCUMENT Copyright 2002 Los Angeles Times All Rights Reserved Los Angeles Times July 15, 2002 Monday HomeEdition SECTION: PART A MAIN NEWS;Part 1; Metro Desk; Pg. 1 LENGTH:1580 words HEADLINE:Inglewood Police Accused of Abuse in Other Cases; Police: Despite lawsuits and cash settlements, no complaint has been referred for prosecution. BYLINE: MATT LAIT and SCOTT GLOVER, TIMES STAFF WRITERS BODY: Long before the videotaped images of an Inglewoodpolice officer manhandling a 16-year-old boy becamenational newslast week, a string of bruised and battered suspects had complained of receiving similar treatm ent--or worse--at the hands of abusive Inglewoodofficers, according to documents and interviews. The Timeshasidentified more than a dozen complaints of excessive force against Inglewoodofficers in recent years, which includeallegations of police breaking noses, knocking out teeth and otherwise mistreating arrestees. Many ofthe alleged victims said they were assaulted after committing "contempt of cop" offenses such as verbally challenging an officer or not immediately doing what they weretold. The Inglewood Police Departmenthas notreferred any ofthe casesto the district attorney's office; as a result, none of the officers involved has been charged with crimes. In an interview Friday, Inglewood Police Chief Ronald C. Banks declined to discuss any of the cases identified by The Times, which are detailed in court records and police documents. Bankssaid the fact that a complaint or lawsuit had been filed did not meanthat the allegations were true or even that the cases warranted review by prosecutors. Amongthe cases involving allegations of excessive force by Inglewoodpolice: * A 59-year-old Compton high schoolteachersaid in a lawsuit that he suffered a torn rotator cuff and two herniated discs after he was allegedly handcuffed, thrown to the ground and kneed in the back by an Inglewood officer in August 2000. The man said he wastrying to help a disoriented neighbor who wascausing a disturbance when police officer who had been called to the scene told him to "stay out of police business." Hewasarrested for interfering with an officer, but the charges were later dropped. * A 45-year-old security guard said an officer punched her in the mouth in February 2000,splitting her lip and Joosening a tooth. The officer admitted punching the woman, according to court files, but said he did so because she was advancing on him in a threatening manner. The woman was charged with assaulting a policeofficer, but the charges against her were dropped. She hassincefiled a civil rights lawsuit against the Police Department. * In July 1999, another schoolteacher said he suffered abrasions on his cheek, shoulder and knee after he was handcuffed and thrownfacefirst onto a sidewalk outside a neighborhood bar where he had been playing pool. The man wasarrested for being drunkin public, according to documents. But the man's attorney said the charges were dropped 113 Page 2 whena test failed to detect any alcoholin his system. The city paid the man $17,500to settle a lawsuit against the Police Department. * An alleged gang membersaid that on Feb. 1, 1997, a police officer punched him in the face and brokehis nose. One ofthe officer's partners was subsequently fired for destroying photographshe took of the bloody-faced gang member minutes after the alleged attack. Inglewoodinternal affairs investigators, who looked at the case after the young manfiled a complaint with the department, said the evidence suggested that the photos were destroyed to protect the officer who allegedly struck the young man. Neither officer was prosecuted, and the one whoallegedly struck the young man remains on the job. Manyofthe people whoalleged excessive force said police officials treated them rudely and ignored their complaints whentheytried to come forward with their allegations. Keith Shores, a Northwest Airlines employee who alleges he was roughed up, handcuffed and thrown to the ground by police after a traffic stop, was rebuffed at the station whenhetried to level a complaint the next day, accordingto his attorney, Tom Beck. Shores was accompanied bya friend who wasa county probationofficer, but the desk officers ignored him as well, Becksaid. Attorney Jorge Gonzalez, whorepresents three alleged victims of excessive force on New Year's Eve, contends a watch commandertold his clients "either you can file a complaint against the officers or you can go hometonight without any charges.” They decided to leave. One ofthe officers they accused of using excessive force was Jeremy Morse, the officer who is seen on the videotape slam ming the teenager, Donovan Jackson, onto the trunk of a police car. Inglewoodpolice officials did not respond to requests from The Times to provide annualtallies of the number of excessive force complaints lodged againsttheir officers and a breakdown for how those cases were adjudicated. Although court records show that someofficers involved in the cases reviewed by The Times were disciplined by the Police De- partment--in one case, an officer was fired--Banks would not say how others were handled. Nor did the city's attorney respond to a request for information regarding the amount of moneythe city has paid out to settle lawsuits that alleged excessive force by police. MayorRoosevelt Dorn, who has publicly called for the firing and prosecution ofMorse, said he did not know about many ofthe complaints against Inglewoodofficers. "| know ofthree or four complaints, and they were resolved to the point that the individuals who complained were satisfied," said Dorn, who waselected in 1997. Overthelast five years, district attorney's officials have reviewed more than 1,000 potential criminal cases against police officers in Los Angeles County, including more than 440 cases alleging excessive force. Most ofthose cases were from the Los Angeles Police Department and Los Angeles County Sheriffs Department, by far the region's largest police agencies. District attorney's officials said they have not received a single excessive force referral from the Inglewood Police Departmentin at least five years. "Ifthe district attorney has no record of it, then I would take their word forit," said Banks, who left his job as an assistant chief with the LAPDto take the helm ofthe Inglewood Police Department in 1998. "Since I have beenhere, I don't think we've had an excessive force case that has risen to the level of misconduct... or that required reporting to the D.A." In fact, many of the smaller police forces in the county submit very few excessive force cases for review. According to district attorney's records, police departments in Pasadena, Santa Monica, Beverly Hills, Burbank, Downey, Haw- thorne, Huntington Park and West Covina each referred one case of excessive force by an officer over thelast five years. Other small cities reported nocasesatall. Sandi Gibbons, a spokeswomanfor Dist. Atty. Steve Cooley, declined to commenton the Inglewood Police De- partment's lack of referrals to the office. Another D.A.'s official, however, said he was troubled by the dearth of cases presented by that department, and others, for review. 114 Page 3 "It's always a concern when we don't get information from a department," said the district attorney's official, who asked notto be identified because of the ongoing investigation of the incident in Inglewood. "I can't help but think that there are things occurring out there--misconduct--that are not being presented to us." Merrick Bobb, who monitors the Los Angeles County Sheriffs Department for the county board of supervisors, said the U.S. Department of Justice recommendsthat police agenciesrefer to prosecutorsall cases in which, “at first blush,"it appears a crime may have been committed. "This practice is probably not followed by the majority of police departments in the country," said Bobb, whois also director of the Los Angeles-based Police Assessment Resource Center,a national center on police oversight and reform. Bobb added that when chargesget dismissed against suspects who have alleged being mistreated, such as in some of the Inglewoodcases,that too is cause for concern.It's an "indication that something may be wrong... and should serve as a signal that there may be systemic problemsin thatcity." Like many others whofelt their complaints against the Inglewood department were ignored or mishandled, William F. Arbuckle III, the Compton schoolteacher whosaid he was roughed up after trying to help a neighbor, sued the police, in a case that is pending. "Whathe did to me just wasn't right," said Arbuckle, who added that he will need surgeryto fix his shoulderinjury. "All I wanted was his badge numberbecause he wassorude. Forthat he threw meto the ground." That officer has had otherlegal anddisciplinary problems, including an off-duty incident in which he forced three teenagers at gunpointto lie on the ground becausehe incorrectly believed they were stalking the sister ofhis then-girlfriend, court records show. He allegedly shouted obscenities at the youths and kicked them, accordingto the records. The officer was suspended for 13 days in connection with that incident, and the city settled a lawsuit with the teenagers for $37,000. Theofficer still works for the Inglewood Police Department. Shawn Fellows, the alleged gang member whocontendshis nose was broken by an anti-gang officer, never sued over his injuries because he thought he would neverbe believed, his mothersaid. "They kicked the hell out of my son," said Jolene Clark. "They wanted to make an example ofhim infront of his friends." "As far as I'm concerned," she added, "the Inglewood Police Departmentis a groupofbullies. Don't mess with them.” GRAPHIC: William Arbuckle of Compton says he was roughed up by Inglewoodpolice while hetried to help a neighbor. But Inglewood ChiefRonald C. Banks, says no case has"risen to the level of misconduct." PHOTOGRAPHER: JOHN LOK /Los Angeles Times LOAD-DATE:July 15, 2002 115 Page 1 ‘LexisNexis’ 1 of 1 DOCUMENT Copyright 2002 Los Angeles Times All Rights Reserved Los Angeles Times January 22, 2002 Tuesday HomeEdition SECTION: CALIFORNIA METRO;Part 2; Metro Desk; Pg. 1 LENGTH:957 words HEADLINE: LAPDOfficer Had 5 Felony Arrests; Police: William Ferguson is underinvestigation for allegedly committing a string of robberies. Four incidents reportedly are on juvenile record. BYLINE: MATT LAIT and SCOTT GLOVER, TIMES STAFF WRITERS BODY: A Los Angelespolice officer under investigation for allegedly committing a string of home-invasion robberies had five felony arrests before he was hired by the LAPD in 1996, according to documents obtained by The Times. Officer William Ferguson was arrested four times as a juvenile and once as an adult on burglary and theft charges, records show. His 1991 adult arrest resulted in a misdemeanorconviction for attempted burglary. What becameofhis juvenile arrests is not clear because court records on those matters are not public.Ferguson's attorney, Robert Rico, had previously acknowledgedhisclient's arrest as an adult but declined M onday to say whether Ferguson had a juvenile record. "The record reflects what the record reflects,” he said. LAPDofficials declined comment Mondayon Ferguson's criminal history prior to joining the department. Lt. Horace Frank, an LAPD spokesman,said any felony conviction--even a conviction as a juvenile--would bar a person from getting hired at the LAPD. However, neither misdemeanor convictions nor mere arrests would automatically disqualify a po- tential candidate. Ferguson, 30, is under investigation as part of a probethatalso is looking into otherofficers, including Ruben Palomares, whois in federal custody on drug chargesand is a suspect in a Huntington Park homicide. Lawyersfor Fer- guson and Palomares,on behalf of their clients, have denied that the officers committed crimes together. Ferguson's actions are also underscrutiny in a February 1999 on-duty shootingthat figured in a recent $1.7-million civil settlement and will be discussed by the city's Police Commission in coming weeks. The adequacy of city background checks into LAPD candidatesis a long-standing matter of debate, and a policy question that has been explored by the Police Commission many timesoverthe years. In the LAPD's analysis ofthe events knownas the Rampart scandal, the department noted that four officers accused ofwrongdoing had beenhired despite past arrests. Ferguson washired at a time when the LAPD waspressing to expand, an effort spearheaded by then-Mayor Richard Riordan. Critics at the time accused the departmentofhiring candidates too quickly, in some cases without conducting thorough background checks. 116 Page 2 "We're disappointed someoneslipped throughthe cracks," said Mitzi Grasso, president of the Police Protective League. "It appears to me that there was a breakdown in the screening process.It's a problem that the department, the league and the city have been wrestling with for sometime." According to court records, Ferguson was arrested four times as a juvenile between 1986 and 1990. Oneofthose arrests was by LAPD. Hewasarrested twice on suspicion oftheft and twice on suspicion of burglary, once while he was allegedly in pos- session of burglary tools, the records show. The court records obtained by The Timesdo not contain details surrounding the arrests or the outcomeofthe cases. Cases involving juveniles are not public records. Ferguson wasarrested as an adult in January 1991 on suspicion of burglary, court records show. In that case, he pleaded no contest to a reduced charge of misdemeanorattempted burglary. He was sentencedto three years' probation, records show. He joined the Marine Corps in 1992. After a four-yearstint in the service, he joined the LAPD. As a police officer, Ferguson has been the subject of numerous personnel complaints, and has been investigated on allegations that he framed suspects, planted evidence and intimidated a witness. He is currently relieved of duty pending an internal disciplinary hearing. On Feb. 8, 1999, Ferguson wasinvolved in an on-duty shooting in which he shot at, and missed, an alleged teenage drug dealer. The department's handling of that shooting investigation has been the subject of an internalinquiry by the Police Commission's inspector general. The inspector general's probe was launchedafter a Timesarticle disclosed that when the Police Commission con- cluded that the shooting was within LAPDpolicy--a finding that Chief Bernard C. Parks urgedit to make--some key information aboutthe incident had not been shared with membersofthe civilian panel. For example, the commissioners were not told at the timeoftheir vote that Ferguson's role in the shooting was--and still is--the subject of an active criminal investigation. Nor were commissionerstold that police officials had searched the officer's locker and seized a replica weaponthat one detective speculated was possessed by Ferguson "to be used as planted evidence," according to police documents. Ferguson and his partner, Jeffery Robb, known onthestreets ofthe Southeast Division as "Batman and Robin,” re- fused to testify about the shootingin a civil proceeding on the matter, invoking their constitutional right against self-incrimination. Robb resigned from the departmentin January 2000. Fergusonis also underinvestigation by authorities attempting to learn more abouthis relationship with Officer Palomares, who wasarrested in June after allegedly trying to buy 10 kilograms of cocaine from an undercover Drug Enforcement Administration agent. One of Palomares' co-defendants in the drug case told investigators that Palomares and Ferguson were involved in a criminal partnership in which they would commit invasion-style robberies, stealing narcotics and money from drug dealers. The co-defendant, according to people familiar with his statements, also implicated Palomares in an unsolved 1999 Huntington Park killing, another crime that remains underinvestigation. Last month, LAPDofficials confirmed that they have an ongoing criminal investigation into Palomares, Ferguson and other officers. LOAD-DATE:January 22, 2002 117 Page 1 cg LexisNexis” 2 of 2 DOCUMENTS Copyright 2001 Los Angeles Times All Rights Reserved Los Angeles Times August 7, 2001 Tuesday HomeEdition SECTION:PARTA;Part 1; Metro Desk; Pg. 1 LENGTH:2218 words HEADLINE:Police Panel Wasn't Given Full Facts in Gunfire Case BYLINE: SCOTT GLOVER, MATT LAIT, TIMES STAFF WRITERS BODY: To members ofthe Los Angeles Police Commission, Officer-Involved Shooting No. 14-99 seemedlike just another case of a good cop defending himself against a gang memberwith a gun. A written summary ofthe case, submitted to the commission by Police Chief Bernard C. Parks, offered no hint of controversy surrounding the confrontation in Southeast Los Angeles. Rather, it described a scenario in whichanofficer, fearing forhislife, fired two rounds at a teenager whoallegedly pointed a gun at him from the windowofa crack house. Asaresult, on Feb. 1, 2000, the commission unanimously adopted the chief's recommendation that the shooting by Officer William Ferguson was within the department's rules. The determination wascritical because the civilian commission has the final word over matters involving the use of deadly force. Butpolice officials knew far more about the shooting andits aftermath than the Police Commission wastold, according to confidential police documents and interviews. Amongthe key facts withheld from commissioners when they cast their votes: * At the time Parks was recommending that the commissioners find the shooting "in policy," LAPD detectives were--andstill are--pursuing criminal charges against Ferguson and possibly other officers for their roles in the Feb.8, 1999, shooting andits aftermath, law enforcement sourcessaid. * Ferguson,in the opinion of his captain and other supervisors, at the time of the shooting exhibited "a pattern of conduct that [was] consistent with criminal police misconduct," according to an affidavit in support of a search warrant for the officer's locker and car. During a search two weeksafter the shooting, detectives found a handgunreplicathat "was mostlikely being carried by Ferguson to be used as planted evidence,” confidential police documentsstate. * The sergeant in charge of securing the shooting scene told Internal Affairs detectives in December 1999 that he had watched as Ferguson suddenly ran to a rear bedroom of the house without his permission. As the sergeant entered the room, he found Ferguson holding a .22-caliber gun that he claimed the suspect had pointed at him minutes before. The sergeant has since told the LAPD's inspector general and The Timesthat he actually saw Ferguson plant the weapon. The sergeant, whois on a stress leave and is suing the LAPD,claims he made that allegation on the night of the shooting, a charge that LAPD officials vehemently deny. 118 Page 2 Commissioner Herbert F. BoeckmannII said in a recent interview that he was disturbed that police officials did not call the commission's attention to what he described as troubling and relevant facts surroundingthe officer-involved shooting. "It's very disconcerting to me, to say the least," Boeckmannsaid. Following inquiries by The Times, Police Commissioner Dean Hansell has called for a closed-doorbriefing on the shooting investigation at today's regularly scheduled commission meeting. "Ifwe later find out that we made a decision that was based on incomplete information, we would wantto take stepsto rectify the situation," Hansell said. Parks declined repeated requests to be interviewed, instead referring questions to his spokeswoman, Cmdr. Sharon Papa. Papasaid the chief was unawarethere was a pending criminal investigation of the shooting when the commission took the matter up last year. That case, involving Ferguson andhis partner, was referred to the district attorney's office by the LAPD in November 1999, Parks "never signed off" on the case, despite an LAPD policy requiring the chief to approve any such referral, Papa said. She said the chief was also unaware ofthe search warrant and the recovery of a handgunreplica from Ferguson's locker. Just days after the commission's vote, Parks’ chiefof staff, Deputy Chief David J. Gascon, signed papers ordering Fergusonto a disciplinary hearing on charges of possessing the handgun replica and threatening a witness in the case, according to documents. The documents also accused Ferguson ofinappropriately trying to "gain entry" into the residence the night of the shooting. Six monthslater, in the summer of 2000, those charges were included in a document approved by Parks himself. Papasaid the chief did not realize that the disciplinary charges stemmed from the shooting incident until two weeks ago,just before his civil court deposition in connection with the shooting. As aresult of the ongoing investigation, the conviction of 14-year-old Frank Harris, who allegedly pointed the gun at Ferguson, was overturned last year. Harris has since filed a lawsuit against the city, alleging that he was unarmed the night of the shooting and was framed by police. Thesuit also contends that a week after the shooting, Ferguson andhis partner, Jeffrey Robb, broke into the house where it took place and planted drugs on someofthe occupants. The subsequent convictions ofthose people, who are also suing the city, were overturned as well. Ferguson and Robb,throughtheir lawyers, denied any wrongdoing. Ellen Ellison, whois representing Harris andhis friends, has sought to question both officers. Robb has refused to answerquestions and Ferguson hasyet to appear, she said. Robb,28, resigned from the LAPDlast year in the face of unrelated misconduct charges that also involved Ferguson, according to confidential police documents. Ferguson, also 28, is beingtried before an LAPD disciplinary panel on charges related to the shooting and the alleged framing ofEllison's clients, He is now relieved of duty. ‘Batman and Robin’ on the Street Even before the shooting, the two officers had attracted attention, both for their gung-ho tactics andfor resulting complaints. The youngofficers, who were trained by CRASHofficers in the troubled Rampart Division, were known on the streets of Southeast as "Batman and Robin." There are wildly varying accounts of what took place the night of Feb. 8, 1999. Ferguson and Robb describe a routine narcotics investigation that turned potentially deadly when a teenage drug dealer pointed a gun at them through the window from whichhe allegedly dispensed rock cocaine. The teenager and his friends describe an encounter with police officers behaving so bizarrely that they called 911 for help. 119 Page 3 The confusion of the night was captured on the 911 tape, with gunshots ringing out in the backgroundas one ofthe residents, Magellan Harmon,pleads with the operator, "Hey, lady .. . get somebody over here!" Accordingto the official police account, the incident began when Ferguson and Robb, who were working the night shift in the Southeast Division, saw two womenthey recognized as cocaine users walking up the driveway of a house near the intersection ofManchester Avenue and Avalon Boulevard. The officers followed the women, who allegedly acknowledged they were there to buy cocaine. One identified a "little guy with a striped shirt" as selling cocaine from a rear window,just a few feet from where she andtheofficer stood. The woman,accordingto the police account, told Ferguson that the seller was armed. The officers radioed for backup,but as they waited for help, Ferguson saw silhouette approaching the window. The person,later identified as Harris, allegedly shouted, "Who... is out there?" Harris then extendedhis hand through a hole in the screen and pointed a revolver in the direction of Robb, accordingto the police account. "Police! Drop the gun!” Ferguson yelled, police documentsstate. When Harris then pointed the gun at Ferguson,the officer fired two rounds, missing both times, police said. Harris then pulled the gun back throughthe screen and retreated away from the window,outofview. In the secondsafter the shooting, Ferguson took cover,his gunstill drawn. At that point, another officer responding to the cal! for backup mistook Ferguson for a suspect and fired two roundsat him. Ferguson was nothit. Parks deemed that officer's use of force out of policy and he was suspended for 15 days. The people in the house claim the police were terrorizing them. They said men began banging on their windowsas they watched a Lakers game ontelevision. When Harris asked who was outside, they said, one of the men responded, "89 Family Bloods," the nameofa street gangrival to that of the men in the house. The meneventually said they were police officers and ordered those inside to open the door, according to Harris and others. At that point, Harmon called 911 and complained that men outside the home wereidentifying themselvesas police and demanding entry. "We don't knowifthey're real cops or not," Harmontold the operator, accordingto the 911 tape. She replied, "Sir, we don't show any police at that [address]." Momentslater, there was a gunshot. "They shot somebody!" a frantic Harmon canbeheard shouting into the phone. "Oh, they shot a girl!" A woman named Tyieka Harris later told Internal Affairs detectives that she was flushing rock cocaine downthe toilet when a police officer pointed a gun at her throughthe bathroom window.Shesaid the o fficer ordered her to stop, and whenshecontinued,fired a single shot in her direction. She claimed that the shot grazed her head, but she did not receive medical treatment for the injury. Accordingto tapes ofLAPD radio transmissions andthe 911 tape, Ferguson, Robb and twoother officers were just outside the house when the shot wasfired at 7:43 p.m., preceding the shots Ferguson acknowledgesfiring at Frank Harris. Theofficers all denied firing the first shot, or hearing one fired, thoughit is clearly audible on the 911 tape. Although LAPD detectives assigned to investigate the shooting concluded that the shot was mostlikely fired from inside the house,the department's Internal A ffairs investigation later classified the shot as unaccounted for. Also unexplained was the apparent disappearance of Ferguson's shell casings, which investigators could notfind after the shooting. The controversial first shot and the missing shell casings were not mentioned in Chief Parks’ summary to the Police Commission. Sergeant Arrives to Debrief Officers As the shooting stopped, Sgt. Warren "Ken" Brooksarrived and assumed control as the incident commander, according to documents andinterviews. Brooks said he debriefed Ferguson and Robb. Brookssaid he then told another 120 Page 4 sergeant to separate the officers and take them to the Southeast Division police station to take their statements, standard procedure after an officer-involved shooting. But according to Brooks,that sergeant disregarded his order, saying he wanted to talk to the officers there. AsBrooks was assembling a team to search the house, an officer alerted Brooks that Ferguson and Robb had run into the house, Brookssaid. Brooks told LAPD investigators that he ran after the officers. As he made his way downthe hallway, Brookssaid, he found Fergusonin the rear bedroom with a .22-caliber revolverin his hand. At this crucial point, Brooks' account andthe official version of events diverge. According to police documents, Ferguson had been told by informants that there was a hiding place underthefloor. Whenhe found the gun on the floor, Fergusonsaid,he picked it up to ensure that no one could jumpout from under the floor and useit. Brooks, however, told The Times in recent interviews that he saw Ferguson pull the weapon from his rear waistband andplaceit under a bed near the window from which Harris had allegedly brandished the weapon minutes before. "It was very clear to me what I saw," Brookssaid. "I saw him plant a gun.” That characterization was also given by Brooks in mid-February 2000to an investigator with the LAPD's inspector general's office. That office is continuing to investigate the case. But Brooks had not been as explicit three months earlier, when he wasinterviewed by two detectives investigating the incident. According to a tape of that December 1999 interview, Brooks said he followed Robb and Fergusoninto the house and found Fergusonin the rear bedroom,crouching nextto the bed. "Hey, what are y ou doing? Get out of here," Brooks said he told Ferguson. "And he stands up and goes,'T gotit.’ And that's when I see him with a gun. And I say,'Put that back.’ " Brooks added, “Now,I don't know where that gun came from. Or what." Asked about the different accounts, Brooks insisted that there was no contradiction. He said his more recent description was merely the result of more detailed questioning. Brooks said that on the nightofthe shooting,he told Capt. Richard Bonneau, commandingofficer of the Southeast Division, and Capt. James Tatreau, head of the department's robbery-homicide unit, that he saw Fergusonplant a gun. Both men assured him that investigators would get to the bottom of his allegations, Brookssaid. Bonneauand Tatreau vehemently deny Brooks’allegations that he had told them he saw Ferguson plant a gun. Today, Brooks is suing the LAPD, which hesaysretaliated against him for reporting alleged excessive-force violations by two other Southeast Division officers in an unrelated incident. He took a stress leave after the department accused him of failing to properly documenttheincident, he said. GRAPHIC: Police Chief Bernard C. Parks has declined to be interviewed about the incident andits aftermath. Police spokeswomanSharon Papasaid Parks had been unaware of certain developments in the case. PHOTOGRAPHER: CAROLYN COLE / Los Angeles Times LOAD-DATE: August 7, 2001 121 Page 1 ‘LexisNexis® 1 of 1 DOCUMENT Copyright 2001 Los Angeles Times All Rights Reserved Los Angeles Times _ March 24, 2001 Saturday HomeEdition SECTION: PARTA;Part 1; Metro Desk; Pg. 1 LENGTH:3347 words HEADLINE: YEAR BRINGS LITTLE PROGRESSIN 2 LAPD SHOOTING PROBES; RAMPART: INTERVIEWSWITH OFFICERS, VICTIMS AREN'T DONE. OFFICIAL SAYS INCIDENTS HAVE LOWER PRIORITY BECAUSE KEY PLAYERS NOT INVOLVED. BYLINE: SCOTT GLOVERand MATTLAIT, TIMES STAFF WRITERS BODY: More than a year after former LAPD Officer Rafael Perez told investigators about a pair of allegedly improperpolice shootings, detectives on the department's corruption task force haveyet to interview the victims and other key witnesses, despite public pledges to get to the bottom of Perez's allegations. The shootings generated questions even before Perez suggested possible wrongdoing. Thecity paid the victims substantial sums--$ 425,000 in one case, $ 135,000 in the other--to settle lawsuits. Authorities challenged someaspects of the officers’ accounts of both incidents at the time they occurred, and, in one case, a prosecutor went so far as to alert colleagues responsible for bringing criminal charges against police. The officers who fired their weapons remain at work in the Los Angeles Police Department. The slow pace of the LAPDinvestigation, which grows out ofPerez's allegations of widespread misconduct, has already had consequences: Because one ofthe shootings occurred in 1995, the statutes of limitation on some of the most serious alleged criminal offenses have expired and the officers involved can no longer be prosecuted on those charges. After inquiries from The Times, Cmdr. Sharon Papa, the LAPD's spokeswoman,said the shootings were not con- sidered "high priorities,” in part because the officers whofired the shots in the two casesare not believed to be major players in the corruption scandal. The LAPD,she said, was focusingits efforts principally on officers who are thought to have played importantroles in alleged corruption. Detectives, she added, were deluged with seemingly more promising leads, making it unfair to second-guess the way task force investigators haveprioritized their caseload. "Now, someone maylook at these and think maybe they should have been uphigheron thelist," she said. "But they weren't. We can't go back and fix that.” Nevertheless, Papa, who acknowledged that detectives have not interviewed the officers involved in the two shoot- ings, stressed that police are still chasing leads and have not brushed the allegations aside. "Nobody has done anything intentionally to hidethis," she said. "They're trying to do a goodjob.” The 1995 shooting has received virtually no scrutiny from the LAPD corruption task force, Papa confirmed. 122 Page 2 YEAR BRINGS LITTLE PROGRESSIN 2 LAPD SHOOTING PROBES; RAMPART: INTERVIEWS WITH OFFICERS, VICTIMS AREN'T DONE. OFFICIAL SAYS INCIDENTS HAVE LOWER PRIORITY BECAUSE KEY PLAYERS NOT INVOLVED.Los An Papasaid that detectives investigated the second shooting, which occurred in 1998 in the 77th Street Division and that the results of their probe were submitted to the district attorney in a report last fall. Without interviewing the victim, Anthony Dickson, or other eyewitnesses in that case, the investigators concluded that "there is no evidence to indicate criminality by members ofthe department.” Investigators based that conclusionin part on a bullet recovered at the scene. The bullet, they said, was linked to a gun used by an acquaintance of Dickson in a nearby shooting the same day. To the detectives, that suggested that Dickson was armed with the same weapon whenconfronted by police. The gun was never recovered. Long before Perez made hisallegations, authorities armed with the accounts of other witnesses were skeptical of the officers’ stories in both incidents, according to documents and interviews. In the 1995 incident, for instance, a detective investigating the shooting at the time repeatedly asked Officer Daniel K. Widman,then a rookie working in the Rampart Division, if he was sure the shooting hadn't been accidental. When Widmaninsisted it had not been, the detective pressed him. "OK, Dan. Weare going to go over this again,” said Det. Jerry Stephens, according to transcripts of the interview. "You think these questions are tough, wait until two or three years downtheline and you getin front of the judge and the jury ... and you are goingto have to explain to them why you shot this guy. And that is what wearetrying to get out of youright here.” In the other case identified by Perez, Dickson, a reputed gang memberfacing 20yearsin prison for allegedly pointing an assaultrifle at officers in the 77th Street Division, accepted a plea agreement and wassetfree after just 10 months in jail. The prosecutor concludedthat the questionable evidence in the case made it "very near unwinnable." In fact, Deputy Dist. Atty. Steve Katz was so concernedbytheofficers' "curious and troubling" version of events that he referred the matter to the district attorney's Special Investigations Division for potential prosecution of the officers, according to a December 1998 memoaboutthe case. Although different officers were involved in the two cases, one who waspresent for both was Sgt. Edward Ortiz, described by Perez as someone who"fixed" shooting scenesto protect officers from misconductcharges. Ortiz was convicted of corruption-related crimes in an unrelated case in November, but that conviction has been overturned. The district attorney's office is appealing the judge's reversal of the jury verdict. Through his lawyer, Ortiz declined to comment. Perez wasnotpresentat either shooting. But he told detectives that both were widely discussed at Rampart--and widely viewed as cover-ups. Shooting Called a Rookie's Error Four years after Jose Vega was shot Oct. 15, 1995, Perez told corruption task force detectives what he said had been an open secret in Rampart for years: The shooting was a mistake bya scared rookie. Perez said he was told during a meeting ofthe anti-gang officers that the sergeants who respondedto the scenethat night helped concocta story to justify the shooting so Widman--then a probationary officer--would not losehis job. One element of the story, Perez said,is that officers said they mistook ketchup on the wall of an apartment for blood, thus heightening their sense of danger. "They wanted to save the kid's career," Perez said. "They asked him, 'What do you got?’ And he goes,'I don't know.I just shot him.' And they werelike, 'Oh, Jesus.’" Accordingto the official police version of events, it was close to midnight when Widmanand partner John Bertino were dispatched to an apartmentin the 1700 block of South Catalina Street to investigate a domestic violencecall. A woman had called 911 and complained that her husband had hit her. Whentheofficers arrived, they found the apartment dark and the metal security doorajar, police said. Widmanknocked on the door and Elvia Vega answered, according to police reports. The officers asked her to step onto the porch, and she told them that her husband hadstruck her and that he wasstill inside the apartment, police reports state. She also said her husband was unarmed. 123 Page 3 YEAR BRINGSLITTLE PROGRESSIN 2 LAPD SHOOTING PROBES; RAMPART: INTERVIEWS WITH OFFICERS, VICTIMS AREN'T DONE. OFFICIAL SAYS INCIDENTS HAVE LOWERPRIORITY BECAUSE KEY PLAYERS NOT INVOLVED.Los An The officers then told her to wait on the porch as they wentinsideto find her husband, Jose Vega. With his gun and flashlight drawn, Widmantookthe lead in searching the darkened apartment, while Bertino followed closely, according to the police account. Duringtheir search, the officers shined their flashlights on a wall in the living room and "saw a large amount of what appeared to be blood smears," the police report states. "That is when the hair on the back ofmy neck stood up, and I was thinking that this was serious," Widman wouldlater tell investigators. According to the police report, Widman was continuing his search for the husband when a bedroom doorflew open, setting off a flurry of events. Widmanpointed his flashlight toward the door. There, Jose Vega allegedly held his hands near his waist. In them, police said, was "something shiny." The officer also heard a loud "boom" and "saw a quickflash oflight, which he be- lieved to be a muzzle flash," the police report says. Widmansaid he saw the flash and believed he had been shot. He then fired one round at Vega,striking him in the abdomen. After the officers handcu ffed the wounded man, they began looking for the weapon they believed he had. None was found. Instead, they found a hand mirroronthefloor, the report says. Theofficers, their supervisors--including Ortiz--and, later, officer-involved-shooting detectives pieced together this scenario: The "boom" Widman heard was the sound of Vega opening the bedroom door and slammingit against a dresser; the shiny object Widman saw at Vega's waistline must have been the hand mirror; the muzzle flash was the reflection of the officer's flashlight on the hand mirror. As for the blood the officers saw in the living room,that turned out to be ketchup, apparently spattered there in the altercation that drew police to the scene. From thestart, however, there were doubts. Some witnesses--neighbors and family membersinterviewed bypolice at the time--contradicted elements ofthe officers’ story--details such as where officers and others were when the shooting occurred, Despite the investigators’ skepticism and the witnesses’ statements, then-Chief Willie L. Williamsruled that the shooting had been within departmentalpolicy. The circumstancesofthe shooting--in particular, the undisputed fact that Vega had been unarmed--were troubling enough to the city attorney's office thatit settled a lawsuit filed by the Vegas for $ 425,000. Amongthe issuesraised in the course ofthat lawsuit: Officers had claimed to be alarmed by what turned outto be ketchup splattered on a wall, but some witnesses say they saw a ketchup bottle just inches away. Years later, Perez's statements to investigators bolstered the notion that there had been a cover-up. The former Rampartofficer said he wastold after the incident that the officers involved huddled and devised a plan before being questioned by investigators. "They came up with someidea ofa little mirror," Perez recalled during one of his then-secret debriefings. "They madeit very clear to us that that was just what they did to save Widman's , you know,his job. . . . Coverit up. Fixedit.” Whencontacted by The Times about the shooting, Widman, who remains on duty at the North Hollywood station, declined to comment. "I don't think it's in my best interest" to talk, he said. Ina lawsuit recently filed by an LAPD colleague, Bertino was accused ofordering that officer to fabricate a police report. Bertino, whom Perez described as being "in the loop" of Rampart officers who allegedly committed crimes and is now assigned to the department's elite Metropolitan Division, declined to commentforthis article. Victim's Account Has Shifted In contrast to the Vega case, Perez gave investigators comparatively little to go on in relation to the shooting of Anthony Dickson. Perez didn't even know the nameofthe officer who pulled the trigger, just that he was from the 77th Street Division's CRASHanti-gang unit. 124 Page 4 YEAR BRINGS LITTLE PROGRESSIN 2 LAPD SHOOTING PROBES; RAMPART: INTERVIEWS WITH OFFICERS, VICTIMS AREN'T DONE. OFFICIAL SAYS INCIDENTS HAVE LOWER PRIORITY BECAUSE KEY PLAYERS NOT INVOLVED.Los An "It was a chase," Perez said. "The guy falls or something, gets shot and then they clean it up." Other documents and witnesses--including the sometimesshifting account ofDickson himself--flesh out the story. The events leading to the shooting began to unfold about 4:30 p.m. on Feb. 21, 1998, according to police documents. Two 77th Street CRASH officers--Scott Murray and Andy Luong--hadjust finished investigating a report of an assault with a deadly weaponin the 4500 block of South Gramercy Place when they saw a car turn onto thestreet just south of them. Murray, police documents say, recognized the two menin the back seat as Dickson and 17-year-old Ismael DePaz, alleged membersofthe 46th Street Crips. Accordingto their report, the officers noted that the blue Toyota Camry did not have license plates and that neither Dickson nor DePaz was wearing a seat belt. Dickson and DePazallegedly pulled over in front of DePaz’s house, got out of the car and walked onto the front lawn. Murray and Luong reportedly got out of their police car and ordered Dickson and DePaz to put their hands ontheir heads. But the two young men ignored the officers’ command and walked toward DePaz's house, police documentsstate. Dickson then turned toward the officers, walking backward toward the house, the reports say, adding that Murray saw "the brown woodenstock of a rifle protruding from under Dickson's shirt." Murray warnedhis partner that Dickson was armed, and the suspect suddenly ran toward the back of DePaz's house, according to police, with both officers giving chase. As Dickson came to a woodengate leading to the backyard, he stopped momentarily to openit, at the same time removinghis right hand from his shirt and displaying an assault rifle, the police reports state. In the backyard, according to police, Dickson spun around and pointed the weapon at Murray. Murray fired two rounds at Dickson, striking him once in the leg. Dickson managedto climb over a wooden fence into an alley. The officers, who had taken cover in the backyard as Dicksonleveled therifle at them,briefly lost sight of him as he scaled the fence, accordingto police. Murray and Luong cautiously approached the fence, peering overit to make sure Dickson wasnot waiting to ambush them ontheotherside, police reports say. Then they saw the wounded suspect running down the alley. When Dickson reached 48th Street, he collapsed. Dickson was unarmedat the time ofhis arrest, and officers were unable to find a gun whentheyreturnedto the scene of the shooting a few minuteslater. Police speculated that someone in the neighborhood had removed the weapon. Sgt. Ortiz, however, spotted a key piece of evidence lying in the alley where the suspectandthe officers had scaled the fence: a high-capacity "banana" magazine, a kind used with anassaultrifle. Lying next to it was a single live round that investigators, after hearing Perez's allegations, would match with shell casings recovered from a shooting earlier in the day. That bullet, according to LAPD documents, wasalso recovered by Ortiz. But several LAPD officers, including Murray and Luong, now say another officer recovered the evidence. Murray, in an interview with The Times, said he was surprised and angered by Perez's allegations. He said the shooting was justified and that he was unaware of any misconductby officers during the incident. "I'm the one caughtin the middle," Murraysaid. "I've never met Rafael Perez. I didn't do anything wrong here. And depending on howthis is looked at by the public or the department or mypeers, it could put me in the same boat as him--and that is what I don't want." Luong, who works for another police department, did not return telephonecalls seeking comment. In recent interviews with The Times, Dickson offered a markedly different--and on onepoint conflicting--account of his encounter with Murray and Luong. Dickson, who had just landed ajob at a nearby burgerstand,said he was walking acrossthe street whenthe car pulled up. According to Dickson, he was neverin the car and did not have a gun. 125 Page 5 YEAR BRINGS LITTLE PROGRESSIN 2 LAPD SHOOTING PROBES; RAMPART: INTERVIEWS WITH OFFICERS, VICTIMS AREN'T DONE. OFFICIAL SAYS INCIDENTS HAVE LOWER PRIORITY BECAUSE KEY PLAYERS NOT INVOLVED.Los An Saying he feared being harassed by police that evening, Dickson admitted that he ran when he saw them. He was midwayoverthe fence into the alley when he heard gunshots and felt a sharp pain in hisleg, he said. He hobbled down the alley with his hands in theair, collapsing as he emerged onto 48th Street. Other witnesses backed up aspects of Dickson's version of events. In her statement to police, Karen DePaz, the driver of the car, told officers that Dickson had not been in the vehicle. Neighborsalso told investigators that Dickson had not beenin the car that day, but rather had comefrom his house,as he claimed. The neighbors did not recall having seen Dickson with a gun. Ismael DePaz's accounts ofthe evening have not always been consistent. Heinitially denied that Dickson had been in the car, then contradicted that in an interview with The Times,then returned to his original recollection. Dickson also has changedstories. He has given conflicting reasons--in interviews and in a letter to the Police Commission's inspector general--for why he ran from police. After first saying he was afraid of being harassed, he ad- mitted carrying the magazine and said he had fled to avoid being caughtwithit. Still, though DePaz and Dickson's credibility is subject to question, Dickson's attorney argues that the physical evi- dence speaksforitself. If the officers' account were accurate, lawyer Daniel Rodriguez argued, the bullet that entered Dickson's leg, which he said failed to hit any bone that might have abruptly changed its course, should have comeoutthe other side and struck the fence immediately behind him. Likewise, the round that missed should have hit the fence, Rodriguez said. But investigators failed to find impacts from either round orto recover the slugs themselves. Thebullet that hit Dickson entered the side of his leg, just above the knee, and exited from the front of his leg just below the hip. Thetra- jectory, according to Rodriguez, suggests that Dickson was shot from behindas he scaled the fence. Rodriguez hoped to prove that theory using X-rays--and police say they too believe those X-rays are important evidence and could bolster or undermine Perez's allegations. However, the hospital apparently has lost them. In a report to the Police Commission, Chief Bernard C. Parks, while criticizing Murray and Luongfortheirtactics, found the shooting itself "in policy." Dickson was arrested and charged with two counts of assault with a deadly weapon ona police officer and two counts of drawing and exhibiting a weapon in the presenceofa police officer. He faced the possibility of more than 20 years in prison, but agreed to a plea bargain that set him free after 10 months. Steve Katz, the prosecutor assignedto the case, explainedhis rationale for offering the dea! in a memoobtained by The Timesthrough a public records request: The case was plagued by "numerousproblemsofproof, including: physical evidence that underminesarresting of- ficers' contention that arresting officer fired at defendant while defendant was pointing rifle at arresting officers,” Katz wrote in the Dec. 12, 1998,report. The prosecutor was so troubled by what he saw as discrepancies that he shared his concernswith a colleague in the Special Investigations Division, an arm ofthe D.A.'s office that at the time prosecuted crimes committed by police of- ficers. No charges werefiled at the time, but the case has since been reopenedas a result of inquiries by The Times, the district attorney's office said. Dickson has since settled his civil suit against the city for $ 135,000. Cory Brente, the deputy city attorney who de- fended Murray and the Police Departmentin the case, said he settled largely because he thoughtthe allegations that have comeout against Ortiz in the Rampart scandal would raise doubtsin jurors' minds abouthis discovery ofthe key piece of evidence in the Dicksoncase. Although Dickson adamantly insists that he wasset up by police, he acknowledges that he has notalways told the truth about what happened.In retrospect, Dickson said, he wasfrustrated at trying to draw attention to his charges and desperate to right what he said was a wrong. "You'll say anything,” he said. Shooting Scene 126 Page 6 YEAR BRINGS LITTLE PROGRESSIN 2 LAPD SHOOTING PROBES; RAMPART: INTERVIEWS WITH OFFICERS, VICTIMS AREN'T DONE.OFFICIAL SAYS INCIDENTS HAVE LOWER PRIORITY BECAUSE KEY PLAYERS NOT INVOLVED.Los An Police say that when they entered a house Oct. 15, 1995, to investigate a domestic violencecall, they became alarmed whenthey spotted what lookedlike bloodin the living room.It turned out to be ketchup.At least one officer moved to the bedroom, where Jose Vega wasshot in the midsection. Vega was unarmed,but police say he held a mirrorthat reflected their flashlight. In the dark, they say, the flashlight looked like a gun going off. Vega denies holding a mirror. * "They wanted to save the kid's career... . They came up with someidea ofa little mirror... . That, supposedly, the suspecthad little mirrorlike this in front of him. So that when he opened the door and... he heard a boom!and the officer turned on his flashlight . .. there was a reflection onthat little mirror in front of him... which madetheofficer believe that the boom’and light was actually that guy shooting at him. Which is why hefired." --From interrogation of ex-LAPD Officer Rafael Perez GRAPHIC: Doorwayto the bedroom where Jose Vega wasshot. On the floor, the mirror that police say he was holding. Police thought these stains were blood as they entered the home.It turned out to be ketchup. Vega waslater awarded $425,000 by city. GRAPHIC: Shooting Scene, Los Angeles Times LOAD-DATE:March 24, 2001 127 Page 1 ‘LexisNexis’ 2 of 2 DOCUMENTS Copyright 2000 Los Angeles Times All Rights Reserved Los Angeles Times October 23, 2000, Monday, Home Edition SECTION:Part A; Part 1; Page 1; Metro Desk LENGTH:1907 words SERIES: * SECOND OF TWO PARTS HEADLINE: POLICE CASES SENT TO D.A. DROP SHARPLY; LAPD: SOME OFFICIALS ARE CONCERNEDBY CHIEF'S POLICY THAT REFERS FEWER OFFICERINCI- DENTS TO PROSECUTORS. BYLINE: MATTLAIT and SCOTT GLOVER, TIMES STAFF WRITERS BODY: The numberof criminal cases the Los Angeles Police Department has presented to prosecutors involving its own officers has dropped dramatically since late 1998, when Chief Bernard C. Parks changed the department's policy on such referrals, a Times investigation has found. In the four years before the policy change, the LAPDsent an average of morethan 80 casesa year to the district attorney's Special Investigations Division, which prosecutes police and other public officials, according to district at- torney's records. In 1999, 17 cases were referred, the records show. Through August ofthis year, nine cases had been submitted, not includingcasesarising from the Rampart corruption probe, whichis being investigated by both police and prosecutors. The sharp declinein referrals has some prosecutors and Police Commissionofficials concerned that the LAPDis not referring every caseit should. Under Parks' policy, cases against officers are referred when an LAPD "investigation has established a criminal act occurred and the department determines a criminal filing is warranted." And, the policy adds: "Under no circumstances" should a case be referred to the district attorney's office without the approval of the LAPD's Internal Affairs commander, a deputy chief and the police chief himself. The change in pol- icy was made without the approvalofthe civilian Police Commission,which, under the City Charter,is supposed toset departmental policy. The previous policy required a referral in any case in which there was.credible evidence that an officer had com- mitted a crime. LAPD Deputy ChiefDavid J. Kalish said the current approachis aimed at preventing frivolous cases from clogging the criminaljustice system. Deputy Dist. Atty. James L. Cospersaid he was at a meeting with LAPD Cmdr. Jim McMurray, the head of the department's Internal Affairs Division, at which the change in policy was discussed. 128 Page 2 "He said they didn't want to keep flooding us with these junk cases," Cosper recalled. "He said, ‘trust us.’ I still re- memberthose words coming out of his mouth:trust us." Since then, Cospersaid, "the well's run dry." Parks has earned a reputation as a stern disciplinarian, firing officers at a rate far higher than his immediate prede- cessors, Willie L. Williams and Daryl F. Gates. Since taking office in August 1997, Parks has terminated 127officers, according to LAPD records. Cospersaid he believes the LAPD would rather quietly fire officers than have them prosecuted publicly. "Frankly,it's a public relations issue," Cosper said. "I think a lot of the time the attitude at LAPD is, 'We gotrid of a bad apple--that's enough.’ " McMurraydeclined repeated requests for an interview. Cmdr. Sharon Papa,the department's spokeswoman,said the rate of prosecution had norelation to the number of cases sent to the prosecutors by the LAPD."It looks to me like we're doing a better job of screening." The Times identified two cases that were not submitted to prosecutors underthe current policy until it was legally too late to prosecute. Allegations of excessive force and false imprisonment against oneofficer, and of on-duty sex with prostitutes and witness intimidation against another were withheld from prosecutors for 18 months and 11 months,re- spectively, after the officers had been fired from the LAPD. Information on both cases wasturned overto the district attorney's office on June 14, after The Timesfiled a public records request with the Police Department seeking information aboutthe twoofficers. Police officials declined to dis- cuss the timing of those referrals. There are a number ofother recent cases that were not presented to prosecutors, even though the allegations against officers were potentially criminal. For example,district attorney records showthat prosecutors were never askedto re- view cases involving: * An officer who was fired forfiling a false arrest report. * An officer who was suspended for 22 days for excessiveuse offorce. * A traffic investigator who resigned amidallegations that he made female accidentvictims disrobe. * A pair of officers who were suspended for 22 days for an "illegal detention" and improper search of a man. "Considering all the circumstances, if a police departmenthas credible evidencethat an officer has committed a crime, the allegation should bereferredto this office," said Cliff Klein, the head prosecutor of the district attorney's Special Investigations Division, known as SID. Four months ago, The Times requested information from the LAPD on dozensofother disciplinary cases in which officers were charged internally with potential crimes or serious misconduct. To date, the department has not turned over those documents, even though LAPDofficials concedethat the material is public information. Manyofthe cases were notreferred to prosecutors for review, according to district attorney's records. The twocases that were belatedly referred to SID this summerinvolve former Southeast Division Sgt. James Clark and ex-Rampart Division Officer Roy Logan. Clark was accused of routinely having sex with prostitutes while in uniform and on duty. In one case, he proposi- tioned a woman as he stood with his hand on his holstered gun, LAPD documents allege. Later, the documents allege, he orderedtheprostitute into his police car against her will and drove herto anotherlocation, where he threatened her to obtain hersilence. Clark denied the allegationsat his disciplinary hearing, but police officials did not find him credible. "The board viewsyourparticipation in the sexual encountersas potentially criminalin nature," wrote then-Cmdr. Kalish, whoalso presided over Clark's discipline hearing. "Not only was evidence presented that you paid two prosti- tutes for sexual acts, but this board believes, based on the evidence presented that neither of the victims were entirely willing. .. . The board believes that you acted underthe color of authority, forcing your demandsonthe victims ." 129 Page 3 Deeming Clark's actions "a great embarrassment to the Los Angeles Police Departmentand to the law enforcement profession,” the board unanimously recommendedhis termination on Aug. 30, 1999. Parks fired Clark a short time later. Then, for 10 months, Clark's case sat in Internal Affairs. In June of this year, more than twoyearsafter Internal A f- fairs was made awareofthe allegations, the case was presented to SID. Prosecutors declined to file charges, saying the statutory deadline on the solicitation allegations had expired. The prosecutors said felony chargesoffalse imprisonment and witness intimidation werestill possible if the LAPD could find and interview the prostitute who fled town after she wasallegedly threatened by Clark. In August, The Times tracked the woman to Las Vegas, whereshestill was working as a prostitute at the corner of Fremont Avenue and 15th Street, east of downtown. In the other delayed referral, Officer Logan is accused of detaining a suspect without cause and then, among other alleged offenses, subjecting him to a humiliating form of abuse knownin cop slang as a “screentest.” In that exercise, a suspect is handcuffed and placed in the back seat ofa patrol car without being secured with a seat belt. The driver ofthe car accelerates, then suddenly hits the brakes. The suspect flies forward--face first--into the wire partition, or screen, separating the front andrear seats. If the screen withstands the impact,it " passes thetest," hence the phrase. According to police documents, Logan and his partner Ross Hay were on patrol on Oct. 19, 1997, when they pulled over a pair of men driving near the intersection of Oxford and Sierra Vista avenues about 3:15 in the morning. The of- ficers said the y stopped the menaspart of a drug and vice investigation. The men, who were not arrested, alleged they were mistreated by the officers. Although the driver was eventually released at the scene, the passenger was handcuffed, put in the squad car and driven to a nearby alley, LAPD documents allege. On the way, he was allegedly subjected to the "screen test," records show. Whentheyarrived at the alley, the man was taken out of the car and allegedly roughed up by Logan, according to police documents. The man claimed that Logan kicked his ankles and pushed him into a fence. Logan and Hay denied any wrongdoing. Whenthe matter went before separate LAPD disciplinary panels, opposite conclusions were reached. Hay was found notguilty ofthe serious charges leveled against him and given anofficial reprimand for being discourteous. Logan, however, was found guilty of kicking and pushing the man and administering the screen test. He wasalso found guilty of an "improper detention." He wasfired. In an interview with The Times, Logan maintained that he was innocentofall the alleged acts of misconduct. Morethan a 1 1/2 years later, the LAPD submitted the case to prosecutors. Again, the district attorney's office said the statutory deadline had already passed for misdemeanorfilings of improperdetention, false imprisonmentandbat- tery. Evenif true, allegations ofassault did not constitute a felony, prosecutors concluded. Prosecutors said they were surprised that the LAPD hadreferred the two cases to them after so much time had elapsed. They said that such late referrals and incomplete investigations by Internal Affairs investigators have histori- cally contributedto difficulties in filing charges against LAPDofficers accused of crimes. Butit is unclear whether the decrease in the LAPD referrals has had significant effect on the numberofcriminal filings against officers. A Times examinationofdistrict attorney's files dating to 1995 showsthat only about 8% ofthe more than 350 cases against LAPDofficersreferred to the district attorney's office for potential prosecution resulted in the filing of charges. Although none ofthe LAPD'sreferrals this year has resulted in a criminal filing--notwithstanding the Rampart cas- es--there weresix filings as a result of 1999 referrals, according to SID records. Referrals from 1998 yielded three fil- ings, 1997 referrals produced 11 and 1996 referrals resulted in three. The decline in referrals by the LAPDis a source of concern for both prosecutors and police commissionofficials. The question, they say, is not whether the policy is flawed, but how the LAPDis exercising its discretion. Police Commission Inspector General Jeffrey C. Eglash said he has asked departmentofficials on several occasions to refer cases they had neglected to send to prosecutors. 130 Page 4 "Decisions as to whether charges should befiled against an officer, and what charges should be filed, should be made bythedistrict attorney, the U.S. attorney or other law enforcementofficials," Eglash said, "not the Police De- partment." Delayed Action Against Officer Despite the LAPD's ownfinding that Sgt. James Clark's misconduct was potentially criminal, the departmentfailed to bring a case to prosecutors until after The Timesfiled a public records request seeking information aboutthe case. By that time, the statute of limitations had expired on someofthe possible charges. Below are excerpts from Clark's Board of Rights hearing, which is the LAPD's version ofa trial. GRAPHIC: GRAPHIC:Delayed Action Against Officer, Los Angeles Times LOAD-DATE:October 23, 2000 131 Page 1 LexisNexis” 2 of 2 DOCUMENTS Copyright 2000 Los Angeles Times All Rights Reserved Los Angeles Times October 22, 2000, Sunday, Home Edition SECTION:Part A; Part 1; Page 1; Metro Desk LENGTH:3512 words SERIES: * FIRST OF TWO PARTS HEADLINE: SUNDAY REPORT; LAPD MISCONDUCT CASES RARELY RESULTED IN CHARGES; HUNDREDS OF ALLEGATIONS AGAINST OFFICERS WERE NOT PURSUED, EVEN WHEN EVIDENCE OF GUILT WAS STRONG.D.A. OFFICIALS SAY THE NEED FOR AIRTIGHT PROSECUTIONS OFTEN DETERRED THEM. BYLINE: SCOTT GLOVER and MATTLAIT, TIMES STAFF WRITERS BODY: Los Angeles County prosecutors for years have routinely declined to file charges against LAPD officers accused of crimes, in manycases despite substantial evidence of their guilt, a Times investigation has found. Since 1995, the Los Angeles Police Department has referred hundreds ofpotential criminal cases against its own officers to the district attorney, but only a fraction of thoseofficers actually have been prosecuted. , Even cases in which the accused officer has confessed to the alleged crime or was caughtin the act on videotape have been rejected by lawyersin the district attorney's Special Investigations Division, who prosecute crimes committed by public officials, including police officers. Overthelast five years, more than 350 cases, involving about 500 LAPDofficers, have been sent to SID. Ofthose, 27 cases, involving 32 officers, have been prosecuted, accordingto the district attorney's own records. Thatis a prosecution rate of about 8%, dramatically lower than the district attorney's overall 70% prosecution rate for cases against average citizens. District attorney records also show that out of nearly 100 ofthose cases alleging excessive force by LAPD officers during the period, only one wascriminally prosecuted, andthe officer ultimately was allowed to plead no contest to a misdemeanor. That numberrose by two just last week when two former Central Division officers were indicted in connection with the alleged beating of a homeless man in 1997. Fortheirpart, officials in the district attorney's office argue that it is much more difficult to prosecute police officers than averagecitizens. They need nearly airtight cases, prosecutors say, to convince jurors that a police officer has broken the law. "We don't pull any punches,” said Allen Field, director of the district attorney's Bureau of Special Operations and a top assistant to Dist. Atty. Gil Garcetti. 132 The Times reviewed nearly 200 cases that the LAPD haspresented to the district attorney since 1995 and found that prosecutors often had reason to decline a criminalfiling. Many cases were problematic from thestart, pitting the uncorroborated allegations of criminals against officers who denied any wrongdoing. But there also were dozens of cases in which there was compelling evidence that the accused officer did commit a crime. Amongthose cases: * An officer who was caught on videotape approaching a man from behind andstriking him over the head withhis metal flashlight, apparently without provocation. It was an assault "so blatant," according to an official with the city attorney's office, that the city paid the victim, an alleged gang member, $ 160,000to settle his civil rights lawsuit. The officer remains on the job. * A detective whofiled a false police report claiming his car was stolen, whenin fact he had soldit. As a result, an innocent man wasarrested and taken to jail. The detective remains on the job. * A veteran officer who detained his paperboy and the young man'sfather at gunpointafter the morning newspaper errantly struck the officer's car, which was parkedin his driveway. The officer resigned with disciplinary action pending. * A motorcycle officer who admitted stealing $ 800 worth ofparts from his department-issued motorcycle and secretly replacing them with parts taken off his personal motorcycle, which he used for off-duty jobs with the film industry. The officer retired before any administrative action was taken. * Twoofficers who were in an unmarked police car when witnesses said they ran down a homeless man pushing a shopping cart through an intersection. Theofficers then sped off without rendering aid, according to the witnesses. Both officers remain on the job. * An officer who was overheard on an FBI wiretap acknowledging that he "shouldn't use" the cell phone on which he wastalking because it had been illegally cloned. The officer remains on the job. While potential felony cases against officers are presente d to the district attorney's office, potential misdemeanor cases--which involve lesser offenses--are sent to the city attorney's office for review. Matt Middlebrook, a spokesman for City Atty. James K. Hahn,said the office does not record the numberofcases presented by the LAPD or keeptrack ofhow manyofficers have been charged or convicted. Police officials refused to provide a list of such referrals. But according to confidential LAPD internalaffairs logs obtained by The Times, hundreds of misdemeanorallegations against LAPD officers have been referredto the city attorney overthe last five years. As is the case with the district attorney, the city attorney has declined to prosecute the vast majority of officers referred to its attention. Gigi Gordon,a criminal defense lawyer who was appointed by the Superior Court to protect the rights of potential victims of the LAPD corruption scandal, said only one conclusion can be drawn from The Times’ findings. "Police officers in Los Angeles are immunefrom prosecution," she said. No Such Thing as a Slam-Dunk Case District attorney officials reject that notion, saying that over the last five years the office has successfully prosecuted LAPDofficers for offenses including drugtheft, solicitation of bribes, stalking, forgery, fraud and sexual assault. There are many factors that might deter a prosecutor from filing charges in what may seem like a good case, Field and other prosecutors said. Even cases prosecutors considered "slam dunks" have resulted in disappointing verdicts. Oneneed look no further, prosecutors said, than the 1991 police beating of motorist Rodney G. King to know that - videotape evidence is no guarantee of a conviction. Despite the tape, the district attorney's office lost its state case against the officers, who were later convicted in federal court. Even crooked cops can appear credible on the witness stand, especially when compared with the drug dealers, gang membersand prostitutes who often are their accusers, prosecutors said. Prosecutorsalso allege that the LAPD's internal investigations are not always thorough, and that someofthe cases referred for prosecution are weak. 133 "A lot of real insignificant cases were coming our way," said James Cosper, for years SID's point man in dealing with the LAPD, “cases that were just never going to be proven beyond a reasonable doubt." But others, including several former SID prosecutors, say the bottom line is that the unit could file more cases than it does. A commonproblem,they said,is the tendency to be overly skeptical of police abuse claims by victims and witnesses with dubious backgrounds, and the inherent fear of losing such casesif they are filed. "Even if you lose cases, you need to bethere," said Superior Court Judge James A. Albracht, a former SID prosecutor. "You need tolet the officers know there is oversight.” Albracht and others said there is also a tendency for prosecutors to becometoo closely aligned with the police, with whomthey have workedside by side for mostoftheir careers. "My honest feeling is that the D.A. shouldn't be handling these cases," the judge said, adding that a special prosecutorial agency or other independent body should take over the responsibility. The Timesreview, undertaken after allegations of widespread corruption in the LAPD,was based largely on an examination of hundredsofdistrict attorney files and Police Department documents obtained through public records requests. The investigation dealt exclusively with casesthat the district attorney says were formally referred by the LAPDto the Special Investigations Division. The Timesinvestigation did not examine the handling of other cases againstofficers, including allegations of domestic violence and driving underthe influence, which are sent to other divisions in the district attorney's office. Nor did it take into account cases in which prosecutors, as a matter of protocol, investigated officer-involved shootings and in-custody deaths. Therelatively few criminal prosecutions ofLAPD officers, some legal experts say, could foster an above-the-law mentality amongofficers, such as the onethat allegedly prevailed in the scandal-plagued Rampart Division. In fact, before the scandal broke,district attorney records show thatat least eight Rampartofficers currently under investigation in the corruption probe previously had allegations of criminal conduct leveled against them. Those allegations ranged from rape to excessive force. In each case, however, the district attorney declined to prosecute. Rampart Probe RenewsInterest in Case The moststriking example wasthe case of former Officer Brian Hewitt, who allegedly beat a suspect bloody at the Rampart station. LAPD officials avidly sought charges in that case and,later, publicly denounced prosecutorsfor failing to file them.In light of the corruptionallegations that have surfaced since September 1999,district attorney officials say the case is once again underreview,this time by prosecutors on the special Rampart corruption task force, The task force, which is independentof SID, hasfiled criminal charges against five current and former Rampartofficers, one of whom is facing an attempted murder count. Butin the years leading up to the Rampart scandal, charges against officers were rare, despite the evidence against them. That was the case in the alleged police assault on a man named Jamaal Gaither. According to district attorney records, Gaither was part of a crowd standing outside Martin Luther King Jr./Drew Medical Center on Aug. 24, 1996,after an alleged gang member had been shot and taken there for treatment. The crowd, mostly gang members, became unruly and started taunting a group ofpolice officers. The police, in turn, tried to disperse the crowd. It wasat that point that LAPD Officer Alonzo Calderon came up behind Gaither and hit him over the head with his metal flashlight. The incident was captured on videotape by a two-person documentary film crew. The cameramansaid Gaither, allegedly a gang member, was struck so hard that he could hear the blow from inside the van, where he wastaping. Both the cameraman and friend of Gaither describedtheofficer's actions as unprovoked. The videotape, a copy ofwhich was obtained by The Times, shows Gaither, a lanky young man, apparently following the order to leave the area. Suddenly heis struck from behind and graspshis head in pain. Two LAPDofficials who are considered experts in use-of-force policies were shown the videotape and told prosecutors they wouldtestify in court that Calderon's actions were improper and violated departmentpolicy. 134 Calderon refused to be interviewed by prosecutors, but his attorney told investigators that Gaither had flung a bottle toward the officer earlier in the evening. The lawyeralso said that Calderon actually intended to “reach around" Gaither with theflashlight in order to restrain him, but momentarily became distracted by another disturbance in the crowd and accidentally struck the man on the head. Both that disturbance andthe bottle-throwing episode are "conveniently" not depicted on the videotape, according to the memo Deputy Dist. Atty. Dennis Poey wrote explaining whythe office would not prosecute. But havingjurors in a federalcivil rights trial watch the tape was a risk that lawyers in the city attorney's office werenot willing to take. Thecity paid Gaither, who records showis currently in jail on a murder charge, $ 160,000 to settle his lawsuit. Calderon,in an interview with The Times, said he was suspended for 33 days without pay as a result of the incident and has been assigned to administrative duties ever since. "I took a big hit for this," Calderon said. Poey, the prosecutor, declined to be interviewedfor this article. In another allegedflashlight assault, prosecutors in 1999 declined to file charges against an officer despite photos of the victim showing "faint red circular marks, possibly made from the butt end ofa flashlight." In that case, the alleged victim, Steve Noles, told investigators that Officer Alfredo Morastruck him severaltimes in the rib cage with a flashlight while he wassitting in the back seat ofa patrol car. Noles also said the officer pushed his face into a block wall. Cosper, a deputy district attorney, rejected the case, citing insufficient evidence and saying, "Noles apparently has a history of antagonism toward police officers.” Cosper's memo, which is dated April 13, 1999, does not mentionthe fact that when he declined to proceed against Mora,the officer had two other complaints pending against him, one alleging excessive use of force, the otheralleging an attempted assault while off duty. The pending excessive-force case also involved an alleged threat "to administer the flashlight treatment." "We couldn't prove the allegations beyond a reasonable doubt," Cospersaid in a recent interview. Mora wasfired from the LAPDin July 1999 after being found guilty ofusing excessive force. When contacted by The Times, he declined to discussthe details of his case. Anothercase that was not prosecuted stemmed from an off-duty officer's confrontation with his 17-year-old paperboy and the young man's father. Henry Stockdale, at the time a Los Angelespolice officer, had just returned homefrom a night shift, and was parked in the driveway of his Antelope Valley-area home, whenhe heard a thud and saw car drive past. Stockdale immediately pulled out of his driveway and chased the car, flashinghis lights until it came to a stop, documents show. "Stockdale got out of his car, pulled his handgun,pointed it at James Dean the paperboy , and asked, What the expletive did you throw at my car?’ " according to district attorney files. "Stockdale then approachedthe passen gerside ofthe Deans’ car with his gun still pointed at James Dean. He said that he was LAPDandtold them to show their hands," the documentsstate. When Deanand his father explained that they were merely delivering the morning paper andthat one must have accidentally struck Stockdale's car, the officer checked for damage andleft, accordingto the prosecutor's documents. Nine monthsearlier, while working off duty as a security guard at a Sherman Oaks mall, Stockdale pursued two young men suspected of spraying graffiti on a wall. Stockdale caught and arrested one suspect. The young man alleges that, during their encounter, Stockdale pointed a handgunat his head and threatened to "blow his brains out" if he moved. 135 Deputy Dist. Atty. Randall Baron declinedto file charges in either incident. Noting that Stockdale resigned as a result of the allegations, Baron wrote in his April 23, 1997, memo:"It appears that the interests ofjustice have been adequately served." In other cases, prosecutors have declinedto file charges even when the accused officer admitted his involvement in the offense. Det. Martin Chalupa, for example,filed a false police report claiming that his car had been stolen when,in fact, he had sold it. Chalupastated in his police report that he had “locked andstored his vehicle in the garage of his rental condo and later discovered it missing. ... No one had permissionto take the vehicle and no monies were owed." Aninvestigation revealed that Chalupa,after selling his car to an acquaintance, decided to report it stolen because the man allegedly stopped making payments. The man's mechanic, who was taking the car for a test drive, was stopped by police. Chalupacontinued to lie, even when he knew an innocent man sat in jail facing car theft charges. The suspect was released after detectives discovered a handwritten bill of sale, which Chalupa had signed and given to the man who boughthis car, It is a potential felony for a police officer to knowingly make a false statementin a police report. There is another statute that makesit illegal for an ordinary citizen to file a false crime report. But the district attorney's office declined to prosecute Chalupa undereither statute. Because Chalupa " occupied therole of a crime victim" when he filed the report, he should not be prosecuted under the law governingpolice officers, determined Deputy Dist. Atty. Susan Chasworth. "The statute's clear intent is to punish police officers who, in the course oftheir official duties, knowingly make false statements in their reports," Chasworth wrote in a Feb. 12, 1998, memo. "Application ofthis statute to Det. Chalupais contrary to the legislative intent and may provide a ground for dismissal." Asfor the law againsta citizen filing a false report, Chasworth noted thatit is only a crime if the complainant knowsthe report is false. Despite the admittedly false statements in the report, Chasworth determined that Chalupa might mount a successful defense by arguing that he actually believed his car had beenstolen. Another problem with the case, Chasworth said, was that internal affairs detectives were unable to locate and interview Bart Wyatt, the man who bought Chalupa's car. Wyatt, who haslived at the same addresssince the incident occurred, was located by The Times. He declined to be interviewed, however, sayinghe feared reprisal by the police. Chalupa,still a detective with the LAPD, said he was suspended for a numberof days--he would not say how many--andthat he did not disagree with the penalty. "I screwed up,” Chalupasaid. "I did something dumb. I made a mistake." The D.A.'s office also has declined to file charges against LAPD officers even when its own lawyers concluded that acrime had indeed been committed. Daryn Dupree, accordingto district attorney files, was overheard by FBI agents conducting a wiretap as part of a drug investigation. Dupree wastelling his wife that he "shouldn't use” the phone he was on because it was "chipped,"a term for a legitimate cellular phone accountthat has been captured andillegally cloned into another handset. The FBIpassed the information along to the LAPD's internalaffairs unit. Detectives there found that Dupree also had improperly accessed the department's computer system eight times, seeking information onthe girlfriend ofthe FBI's target in the drug probe. Deputy Dist. Atty. Poey declined to prosecute Dupree oneither charge, though he acknowledgedin his explanatory memothat "the evidence presented indicates that Officer Dupree violated the law regarding the use of a cloned phone ." In rejecting the illegal computer access charge, Poey reasoned that Dupree might claim that he was investigating a crime. Poey concluded that "in the interest ofjustice . .. disciplinary action against Officer Dupree would be best handled administratively." 136 An LAPD BoardofRights found Dupree guilty of both charges and suspended him without pay for 44 days, department records show. Dupree, who remains with the LAPD,declined comment. Another case in which prosecutors found sufficient evidence that an officer broke the law, but did nothing, involved Victor Colello. Colello, according to district attorney files, drove his LAPD motorcycle home onenight against departmentpolicy, parkedit in his garage and began removingparts. Astwo other officers looked on, Colello took the parts from the LAPD vehicle and put them on a personal motorcycle that he used for off-duty jobs with the film industry, documents say. He then took the matching parts from his "movie bike" and put them on the LAPD motorcycle. But according to a prosecutor's memo, "Murphy's Law... took over." The LAPD motorcycle was apparently damaged during the unauthorized parts swap. Colello and the two other officers--his son Geno and friend Raymond Martin--loaded the disabled bike into Geno's truck and droveit to the Devonshire Station, where they dropped it off, saying nothing about its condition, according to documents. On Oct. 31, 1996, Victor Colello arrived for his shift and saw that his motorcycle was surrounded by yellow crime scene tape and wasbeing held for fingerprinting. "At that time Victor Colello realized that he had made a mistake, and admitted his misconduct," according to a memo by Deputy Dist. Atty. Cosper. "Victor Colello clearly embezzled property belonging to the Los Angeles Police Department,” Cosper wrote. "We could simply file felony criminal charges. Victor would be arrested, suspended and,in all likelihood, convicted. The issue, however, is whetherthis is an appropriate resolution of the matter." Citing Colello's 25 years with the LAPD, his "momentary lapse ofjudgment” and the fact that he eventually returned the "purloined parts," Cosper declined to file charges "in the interest ofjustice.” Colello retired from the LAPD soonafter his case wasreferred to the district attorney's office in July 1997. GRAPHIC: PHOTO:(3 photos) Caught on Tape: In thesestills from a videotape obtained by The Times,an officeris seen approaching a man from behind andstriking him with a flashlight. Two LAPD experts in use-of-force policies, shownthe videotape, concludedthatthe officer's actions violated departmentpolicy. The city paid the man $160,000to settle a civil rights lawsuit. The officeris still with the LAPD. PHOTO:James A. Albracht PHOTOGRAPHER:Los Angeles Times LOAD-DATE:October 22, 2000 137 Page 1 LexisNexis” 1 of 1 DOCUMENT Copyright 2007 Los Angeles Times All Rights Reserved Los Angeles Times March 28, 2007 Wednesday HomeEdition SECTION: CALIFORNIA;Metro; Metro Desk; Part B; Pg. 4 LENGTH:281 words HEADLINE: Mayor,police chief back bill to open records BYLINE:Matt Lait, Times Staff Writer BODY: Los Angeles Police Chief William J. Bratton and Mayor Antonio Villaraigosa haveofficially endorsed a state Senate bill aimed at increasing the public's accessto police disciplinary records, a legislative spokesman said Tuesday. Senate Majority Leader Gloria Romero (D-Los Angeles) is proposing to "reverse a Supreme Court decision that requires police departmentsacrossthe state to keep information from the police disciplinary hearingssecret." Romero's office said Tuesday that the bill was filed after discussions with Los Angeles’ mayor andpolice chief. Winningtheir support, a spokesmansaid, improves its chance of passage. "We wanted to make sure everyone was on board," said Russ Lopez, a spokesman for Romero'soffice. Police union officials say they intend to fight any efforts to chip away at police privacy rights, which were strengthened last summerasa result of Copley Press Inc. vs. Superior Court of San Diego. In that case, the court prohibited public disclosure of personnel records of a sheriff's deputy appealing discipline at a county civil service commission. Following that ruling, LAPD officials denied public access to disciplinary hearings thattraditionally had been open. A public outcry erupted earlier this year when a disciplinary panel secretly exonerated an officer involved in one high-profile shooting, even though thecivilian Police Commission had said the officer should be punished. Community andcity leaderscriticized the closed-door decision and called for reforms that would reopen the hear- ings. Bratton and Villaraigosa said they would support such a move. matt.lait@latimes.com * Timesstaff writer Scott Glover contributed to this report. LOAD-DATE: March 28, 2007 138 Rampart Scandal - Cover Up? | PBS- L.a.p.d. Blues | FRONTLINE| PBS PROGRAMS : BONA Search You mayalso like, Arnaccan Experience. PSS Newsiwis Page 1 of 4 WATCH SCHEDULE TOPICS ABOUT FRONTLINE | SHOP | TEACHER CENTER ER SUL" RARE ESS Cover Up? Even before Rafael Perez's allegations surfaced, the L.A.P.D. was conducting an internal investigation into suspicious activity among some Rampart CRASHofficers. As of May, 2001, the Rampart investigation resulted in 58 officers being brought before an interna! administrative board. Of these, 12 were suspended, seven have resigned, and five wera terminated. There are critics, however, who believe that the L.A.P.D. leadership was not truly interested in getting to the bottom of the Rampart scandal. Detective Russell Poole claims that in the early stages of the investigatian, crucial leads were ignored, Others note that administrative decisions taken after the scandal erupted discouraged officers with critical information fram coming forward. Here are the views of Detective Poole, L.A.P.D. Chief Bernard Parks, Gerald Chaleff, former president of the L.A. Police Commission, and Gil Garcatti, former L.A. District Attorney. Detective Russell Poole Former L.A.P.D. Robbery/Homicide Detective, lead investigator in the Lyga-Gaines shooting. Poole was also investigating an alleged station-house beating of a gang member by CRASH officer Brian Hewilt. Wehad conducted the investigation for a couple of months. Then the chief, out of the blue, orders a meeting in his office, which was quite unusual. He never has donethat, really, He wanted to be briefed on the Hewitt investigatian. So we were asked to prepare a timeline on the events leading up through the Hewitt investigation. My original timeline included all the evidence involving gangs,all the things that involved thatcase,all the evidence included in the Biggie Smalls case involving Mack,all the evidence--someofthe evidence involving Perez and manyofthe different issues with Hewitt. Cee ans And then when I turned it in, they redlined about three pages--took outall of the gang stuff, all the Mack stuff, In my opinion,I fell that maybe, at the time, the chief didn't really knowall the facts inthis. ... I briefed the chief on the Hewitt investigation. During the course of that meeting, | was describing other cases that had occurredin the past. ... | didn't bring up Biggie Smalls. But [Detective] Brian Tyndall broughtit up. Brian Tyndall told the chief that Russ believes that David Mack was involved in the conspiracy to kill Biggie Smalls. The chief didn't have a commentaboutthat... I was describing all the different incidents that involved Hewitt and Perez, and some of these same officers involved in several other incidents that occurred, where serious injuries had occurred on somepeople. I requested to investigaie it further, and he told me, “No, [ want you fo concentrate on just this one case, the Jimenez beating, don't do MBIT SUPPGRT PROVIDED BY Via Tf SUPA | ¥}? aad! LEARN MORE » we a he om a: NEXT ON FRONTLINE Climate of Doubt October 23rd TODAY'S STORIES October 15, 2912 / 4:33 pm Is This Man To Blame for the Attack on Pakistani Schoolgirl? October 18, 2612 f 3:15 pm Ohio’s Early Voting Upheld by Supreme Court Cetober 15, 2612 / 3:36 pm Guantanamo Hearings Proceed Despite Heaith Concerns Join our newsletter e-mail address | Follaw dhtvontlinephe 39.5K followers $FRONTLINE on + 139 http://www.pbs.org/wgbh/pages/frontline/shows/lapd/scandal/coverup.html 10/16/2012 Rampart Scandal - Cover Up? | PBS - L.a.p.d. Blues | FRONTLINE| PBS Page 2 of 4 anything further.” T said, “Chief, it's more thanjust this one case. It has to do withthe se officers over at Rampart. You've got a group of vigilante cops overthereat Rampart ‘WN FRONTLINE ONOVD TODA Division.” "iemp( © And everybody wentsilent. The chiefkind of looked overat Lieutenant Hernandez, then they changedthe subject. They changed the subject. If] recall correctly, it was, "Oh, I think we need to do an audit on someofthese police officers like Hewitt and Perez. Seemsthat someofthese officers came onat the same time. We need to find out if we've got a series of problem officers in ihis span of a year orso at the time these guys came on the police force." And then they adjourned the meeting, said, “Thank you very much, very good presentation.” Nothing else wassaid. ... | did my best to uncover as much as possible. We needed moretimeto investigate this whole matter. There was much more to it. But the chiefsaid, "No, | want a report in two weeks." [ wasn't able to do a thorough investigation on the matter. That included the Jimenez beating, because there were several things that needed to be investigated further.... And so what I did is that I did what the chiefsaid: 1 prepared a report. J turned in that 40- page report, the report was suppressed. ]t was not turnedin. Whodidn't turnit in? T turnedit in lo Lieutenant Hernandez. Lieutenant Hernandez said we couldn't turn thi s in. Because? He said basically, "The chief doesn't want this in.” The chief was calling the shots oni t, which was very unusual. But you've got to know something.I'm the lead investig atorin acase. I'mthe onethat's goingtobe testifying in a court oflaw.| told Lieu tenant Hernandezifthere's something inaccurate in myreport, let's changeit. He really didn't give me a good explanation why he didn’t want to turn this report in. ... Eventually, | gave the district attorney my version of the report and was tol d that, had we received all the evidencein this report,all the stuff, and all he other compl aints against Hewittvolving other incidents, they would have filed charges. But I was p revented from doing that--from doing my job. So,in essence,it doesn't take a genius to figure out that there was some obs tructionof justice. It was just plain and simple. They purged items from the D.A. package | had prepared. It had documents, documents and photographs they had purg ed from... The D.A. should have had those itemsin order to have a good picture of what w as occurring in this particular case.... For him to getonly five years--he's going to be out in June--is a travestyof justice. So far we've had one court case, and the court case has been thro wnout. Youtell me how many prosecutionsasa result of Ray Perez's confessions resulted--zip. Z ip. He's getting out in June. All it has resulted in is civil lawsuits by gang members whoa re getting rich. The investigation of Ray Perez was prematurely settled. I think that the head people at the D.A.'s office were duped bytheir own people; they were duped by the L.A-P.D. in charge ofthis investigation. Based on the informationfacts that I have gathered duringall these inv estigations,it dates back when Chief Parks was in charge ofInternal Affairs. ... [ think, over the years, it just kept snowballing from one eventto the next. [ think he felt that, if he could contain each investigation individually, that the sloppiness ofInternal Affairs would not be uncovered and madepublic. Hetried to containit. ... __J knewthat the chief and someofthe other people involved suppress ed evidence, obstructed justice, nothing was being done about it. 1 complained and noth ing was being done about my concerns, [l was all swept under the rug. I stayed onfor another year, {and thenresigned]. Chief Bernard Parks Chief af LAPD. I wanted to ask you about onefellow... Detective Poole. [He], as you know, was assigned to a narrowpiece of a case, found some interesting stuff, and wanted to follow that thread. [t was Death RowRecords. [He has suggested] that that there was much morethere, and thathe tried to bring it to you, and that you shut him down... Eventually, of course, he left the force. What is your response to this? 1 think it's completely illogical. Why would we gonethrough what we've doneto ignore credible information? ] think what has been very clear 140 http://www.pbs.org/wgbh/pages/frontline/shows/lapd/scandal/coverup.html 10/16/2012 Rampart Scandal - Cover Up? | PBS - L.a.p.d. Blues | FRONTLINE | PBS Page 3 of 4 throughoutthis case is that Officer Poole had some theories that couldn't be substantiated. And when he couldn't substantiate them, clearly his supervision gave him the right direction and said, "Until you substantiate 8 them, they can't be a part of a case.”... The thing that concerns me isthat, Tleee if Detective Poole really thought seriously that he was being ignored and he had all of this information, then whydidn't he bring it forth before he resigned, and before he wasdisciplined because of his own personal misconduct? Whydidn't this cometo light before then? Well, he says that he did. He said he broughtit to you at the famous meeting... Russell Poole came to a meeting amongst other detectives, and basically hada very minimalrole in that meeting. Again, why wouldI insist on moving forward and pushing the DA tofile cases, to bring a task force forward to investigate the case--be the lone voice in investigating this for two and a halfyears, and then listen to Russell Poole and say, “I'mnotinterested in what yousay, because it might bring something negative towards the department?" It doesn't make any sense atall. So it didn't happen? It didn't happen. Andthe thing is, in my judgment,it's kind ofinteresting that he only brought it up whenhe left the department, and after he had beenpersonally disciplined and removed from the task force. So those are things that cause me some concern. What washedisciplined for? T cart go into that, but... he was removed fromthe task force, disciplined, and then retired before he had vested his pensiou, which then would cause you concernto say, why would he doall of those things? Jt wasn't because we did anything to him. And certainly, why would we ignore information that was relevant? Gerald Chaleff Former President of the LA Police Commission When ChiefParks begantosee these things happening, one thing he Ot pend meee did was form what became a Rampart Task Force to look into what looked liked it might be a subculture of gangsta cops, basically. Wasit appropriate, in your view, that the L.A.P.D. be investigatingitself? Yes. I think it was appropriate. | thinkit's appropriate that the police certainly began the investigation, and then the FBI becameinvolved. [ think that certainly was appropriate. Do you have everyconfidencethat they expended everyeffort to actually get to the bottomofit, whereverit led, however high it led? Well, I don't think anybody could have[level of] confidence... Do I think that the officers involved, or someof the people investigating this were highly motivated? Yes, because they were ashamedby the actions ofthese people. Do T think that we know the full extent of what happened? No. Do | think we'll ever knowthe full extent? No.I think one ofthe problems we had is Chief Parks’ refusal to allow any kind of amnesty or immunityfor officers coming forward for wrongdoing that may have occurred in the past that they now wantedto talk about. And theyare fearful of being punished, because of L.A.P.D:'s rule about if you fail 10 report a misconduct, you're guilty of misconduct. That inhibited the ability to have officers come forward... Help me to understand Chief Parks in this Rampart scandal. Whereis he onit? You've been an informed observer. Has he been interestedin shutting this thing down, identifying enough of a scandal to shut it down and move on? Orhas he really been interested in getting in there, and rooting around, and doing a [thoroughinvestigation]? That's a difficult question, because | think that he's exhibited both. You can look at the fact of his highly public dispute with the district attorney aboutfiling cases--you can argue either way--that he wanted to get cases going so officers would Lhen begin to cooperate. Or, in fact, he wanted to have certain ones picked off, andthat would be the end of it. His bringing in the FBI and the U.S. Attormey would indicate that he wanted a more wide-ranging [investigation.] One of my concerns was that they began to do administrative hearings too quickly on matters that { thought weren't that important. That caused the Board of Rights to begin to basically say, "We can't trust Perez," because there was a drinking partyup at the academy, which is certainly small tn comparisonto other things. Why? You'd have to ask them why they did that. I think the department sent 141 http://www.pbs.org/wgbh/pages/frontline/shows/lapd/scandal/coverup.html 10/16/2012 Rampart Scandal - Cover Up? | PBS- L.a.p.d. Blues | FRONTLINE | PBS Page 4 of 4 out mixed messages.... He certainly wanted certain people prosecuted... Whether or not there is an honestbelief that it was Perez andlimited to a small group of people, or whether, because oftheir Board of Inquiry Report or others, or whether theyfelt that we should contain it, | can't answerthat. | think the best [ can say is that the department has sent mixed messages.... Gil Gareetti FormerDistrict Attorney for Los Angeles County The investigation didn't go, I believe, the way it could have gone... You simply cannot make successful police corruption cases without police officers working with you. We had someofficers who were willing to work with us, and some of themdid, to some extent. But the ones that Cieed Ee were out there, who we think couldhave really helped us, could not, or would not, step forward, because they were afraid--fearful of administrative retribution withintheir own department... Theproblem simply wasthat this police department wasn't willing to do what the New York City Police Department and other police departments had done, and that is give some administrative leniency to police officers who would help you go after a bigger fish. In other words, if we had a police officer whohad in fact witnessed some wrongdoing in the Rampart division, but was a rookie cop and saw it, and wasscared to death. Maybe knewthat she or he hadto report this, but was scared, and didn't report it Three or four yearslater, this explodes and they said, "OK, I'm going to step forward now." And thenheorsheis told, "Fine, step forward. But you will befired because you did not report it when you should have." Myposition was--and I conveyed this to the chiet--I said, "Bend on this, for hea ven's sake. Discipline that person, sure. Give themsome time off, or write up a report. Don't fire them, because that person will never step forward." He was unyielding on this. And he has total control and discretion here. No one cantell him--notthe police commissioner, not the mayor, not the D.A. No one can tell him. He said no. If you broke the rule, you have to pay the price, and the price is you will be fired. He knew that that's the position he was goingto take, and that we would not get those officers who could step forward... The effect was that we didn't go as far with the case as [ felt that we could, and that is really warranted bythe evidence, and bythe allegations made by P erez and others... *. race & policing - aftermath - connecting synopsis + tapes & transcripts » press - cre ANE + pbs cnline - wobh web site copyright 1995-2012 WGBR aducasionai foundation 142 http://www.pbs.org/wgbh/pages/frontline/shows/lapd/scandal/coverup.html 10/16/2012 Net sharpens divide over cop shootings - SFGate Page | of 5 Net sharpensdivide over cop shootings Demian Bulwa Updated 11:25 p.m., Sunday, October 14, 2012 From San Jose to Oakland to Vallejo, fatal police shootings often follow a familiar script. An officer makesa split-second decision to kill, later explaining that he had no choice. His department struggles to communicate with the dead person's family and the public. Anger spills into the streets, with activists demanding that authorities condemn the shooting - not just as a mistake but as murder. And an investigation clears the officer of any wrongdoing. This could describe the shooting of 18-year-old Alan Blueford in Oakland in May or many other recent Bay Area cases. While thereislittle evidence that police shootings are on therise, they have become more politically divisive and combustible, people onall sides say, in part because of the spread of video cameras and the immediacyof online communication. Oakland Police Chief Howard Jordan acknowledgedthe challenge this month when he took the extraordinary step of posting official reports into the Blueford case online. He said the shootings affected his department's bond with the community "more so than any other incident... and deservedly so." Alameda County prosecutors weighedin last week with their independent probe, saying Officer Miguel Masso shot Bluefordin self-defense after the teenager pointed pistol at him during a foot chase. Blueford's family says the gun wasnot in his hand when Massofired. Thecase drew attention to a seemingly intractable divide between police, who want the public to appreciate the difficulty oflife-or-death encounters, andtheir critics, particularly African American leaders and residents, who believe many shootings result primarily from an irrational fear of young black men. Divided views Thepolarizing nature of police shootings could be seen last week in the crime-plagued neighborhood whereBlueford wasshot. 143 http://www.sfgate.com/crime/article/Net-sharpens-divide-over-cop-shootings-3948528.php 10/15/2012 Net sharpens divide over cop shootings - SFGate Page 2 of 5 JamesCarter, 28, who provides in-homecareto the elderly, said people were angry because officers rarely face criminal charges for their actions. The explosive reaction to law enforcementshootings,he said, reflected a deep mistrust of police in minority communities. Tugging at his jeans, Carter said, "If you go like this, they think you have a gun.” Askedifhe saw any police shootingsas justified, he said, "Yeah,not all police officers are bad." Then he added, "But a majority of them are.” Sitting on his porch on the sameblock, 77-year-old James Bryant said Oaklandpolice officers were often vilified for doing their job. He said the energy directed toward police shootings should go to stopping other homicides in Oakland, which has recorded nearly 100 slayingsthis year. "T don't think that's right, all that protesting. They don't even know what went down,”said Bryant, a retired carpenter."If it wasn't for the police, this would be a war zone. Mostofthe people who don't trust the police aren't doing right themselves." The furor over police shootings in the Bay Area intensified after BART police Officer Johannes Mehserle killed unarmed train rider Oscar Grant on Jan. 1, 2009, a shooting captured on several cameras. Manyactivists believe the street protests that followed- including one in Oaklandthat mushroomedinto a riot - made a difference, pressuring prosecutorsto file a murder charge against Mehserle. Ultimately, a jury convicted him of involuntary manslaughter. Rallies planned online Whenanother BARTofficerfatally shot a knife-wielding homeless manin July 2011 in downtown San Francisco, activists responded with series ofrallies - planned online - that were dubbed "OpBART"anddisrupted train service. Police shootings are now dominatingpolitical debate in Vallejo, where a police force thinned by cuts has shot andkilled five people since May. Last month, protesters packed a City Council meeting, prompting officials to shut down the meetingearly. Vallejo's interim police chief, Joseph Kreins, traced the shootings to "individuals who seemingly are morewilling to confront ourofficers with guns." Butcritics say Vallejo's police force has been too aggressive, especially since one ofits officers was killed in November while chasing a suspected bank robber. Stoking the outrage is a widespreadbeliefthat somepolice agencies do a better job than others of avoiding fatal encounters. 144 http://www.sfgate.com/crime/article/Net-sharpens-divide-over-cop-shootings-3948528.php 10/15/2012 Net sharpens divide over cop shootings - SFGate Page 3 of 5 In Richmond,whichis nearly as big as Vallejo and has more violent crime and more officers, police have shot and killed one personin the past five years, while wounding three others, records show. During the sameperiod, five people were killed in Richmond by outside law enforcement agencies. Richmond Police Chief Chris Magnus said manyfactors explain the numbers. His officers do monthly training exercises that are rigorous andrealistic on the use of their weapons, he said, and they havea lotof street experience disarming suspects. "I think ourofficers are very disciplined in the way they are using force," Magnussaid. "Just because someoneis reaching toward their waistband doesn't mean they're going to be shot. Weknowthey're often trying to get rid of the gun.” Firearmstraining Jordan, the Oaklandchief, said in an interview last week that he had recently added a yearly, 10-hourfirearmstraining day for officers that includes live simulations. Anotherflash pointis the racial disparity in police shootings. Two years ago, Oakland releaseda statistical report on 45 officer-involved shootingsin the city from 2004 to 2008, one-third of which werefatal. Of the people shot, 37 were black and none waswhite. "Weall knowit,” said George Holland, who heads the Oakland branch of the NAACP. "Police officers unfortunately have some fear of young black males. Andifyou're afraid of somebody, you're probably going to react in manyinstances." But a perception that fatal police shootings are dramatically rising appears to be wrong. According to the FBI, the numberofalleged felons killed by police around the country in the past 10 yearshasbeenfairly constant, ranging from 341 (in 2002 and 2005)to 414 (in 2009). In Oakland,officer-involved shootings are down this yearafter officers killed 20 people in the previous four years. Officers have killed one person, woundeda second,andfired and missedin five other instances.In six of the seven cases, police said the suspect had a gun. A court-appointed monitor overseeing reformsinthecity's police force has raised questions aboutrecent shootings. In a report issued earlier this month, he concludedthat officers sometimesfire their guns without justification, and are "on a perpetualstate of highalert, assumingthatall citizen contacts have the potentialto go badly.” 145 http://www.sfgate.com/crime/article/Net-sharpens-divide-over-cop-shootings-3948528.php 10/15/2012 Net sharpens divide over cop shootings - SFGate Page 4 of 5 Adjust public's expectations Someexperts on police tactics say the public needs to adjust its expectations of police - officers - that they can shoot a weapon out of a person's handlike in the movies, for example,or that they shouldn't fire until fired upon. "You have to make split-second decisions with limited information,” said Shannon Bohrer, a former Marylandstate trooper whoteaches at the FBI academyin Virginia. "It's do or die, and you have to makeit in an instant. No oneelse in our society has to make that decision unless you go to war." Police agencies are also focusing more on managingthe aftermath of a shooting. Bohrer was the authorof an FBI bulletin to police agencies in 2010 that reads, "Just becausetheofficer hadtheright to shoot ... may not guaranteea positive, or even a neutral, reception from the public.” In San Francisco, police now hold a neighborhood meeting after every fatal shooting - with Chief Greg Suhroutfront - and they are among a numberof departments that are quicker to release details of shootings, including video and audio recordings. Damaging slip-up Jordan acknowledged a damagingslip-up on the day Blueford wasshot. He said an investigator, relying on a mistaken account from a witness,told the teenager's family that he had been killed in a gunfight with the officer. In the future, Jordan said, a commandingofficer and chaplain will act as liaisons to families. In addition, he said, the department is working with the NAACPto develop a campaign to educatethe public aboutofficer-involved shootings. John Burris, an attorney whohasfiled a lawsuit on behalf of Blueford's family and others, said efforts by police to reach out have a long way togo. Police departments,he said, need to stop describing shootingsasjustified before the facts are in. And,he said, they should not "smear"the dead by highlighting their past criminal records. "That really has the impact of outraging the family and the community," Burrissaid. Holland, the NAACPleader, said the effort to cut down onpolice shootings also included counseling young mento do everything they can to de-escalate encounters with officers. 146 http://www.sfgate.com/crime/article/Net-sharpens-divide-over-cop-shootings-3948528.php 10/15/2012 Net sharpens divide over cop shootings - SFGate Page 5 of 5 | “Don't flunk the attitude test. You haveto survive the incident so you can challengeit in the proper forum," Holland said. "Somepeople say that's a cop-out. They say, 'I have myrights.’ But you can be deadright too." Demian Bulwa is a San Francisco Chronicle staffwriter. E-mail: dbulwa@sfchronicle.com Twitter: @demianbulwa Ads by Yahoo! 147 http://www.sfgate.com/crime/article/Net-sharpens-divide-over-cop-shootings-3948528.php 10/15/2012 Chapter Four THE POLICE RESPONSIBILITYTO COMMUNITY- ORIENTED POLICINGINADIVERSE SOCIETY ‘Primary Recommendation Intégrate elements of community-oriented policing and diversity aware- nesstrainlingmodelsthroughout LLAPDtraining. THE REDEFINED POLICE PROFESSIONAL HASA RESPONSIBILITY TO PUBLIC SERVICE The professional man is a practicing expert, working in a social context, and performing a service, such as the promotionofhealth, education, or justice, which is essential to the functioningofsoci- ety, The client of every profession is society, individually or collec- tively..., Financial remuneration cannotbe the primary aim of the professional man .... The profession[fs] a moral unit positing cer- tain values and ideals which guide its membersin their dealings with laymen. This guide may bea set of unwritten normstransmit- ted through the professional educational system orit may be codi- fied into written canonsofprofessional ethics.1 “Professionalism” for police today encompasses far more than the police professionalism model of 50 years ago. The earlier movement for police professionalism, more properly considered a police reform movement, had theeffect of isolating police from the community, of- lyuntington, 1957, pp. 8-10, 15. 91 148 92 Training the 21st Century Police Officer ten to the degree that they were perceived as unresponsive and not sufficiently accountable to public needs. Such isclation was particu- larly apparent during thecivil unrest of the late 1960s. Police might have beentactically or technically proficient in termsof their profes- sional skills, but as 2 group they were not proficient communicators. Commuunity-oriented policing (or community policing) and the community relations approach to policing, with its emphasis on po- lice working with the community to solve problems, developedin re- action to the earlier professionalism-gone-wrong, or reform, move- ment. Problem solving and community partnership have becomevalued aspects of police service since the time of the reform era. As one analysis notes, “Providing service to the community is the very na- ture of police work.”2 The LAPD’schargein factis “to protect and to serve” the people of Los Angeles. Community policing and an awareness of community diversity are meansto fulfill the responsi- bilities inherent in these tasks. As Huntington notes, the professional serves not himself but society. True police professionalism must therefore incorporate the duty ofservicing the community. It follows that law enforcementtraining has to accountfor the needs andincreasing diversity of the communities police officers serve. An inherent aspect of that service is an officer's cultural understanding. Law enforcement personnel must understand and have an apprecia- tion for the diversity of their communities and its implications for membersof the police profession.3 In an inherently diverse society, it is important for LAPD officers to understand the motivations and concerns of those whom they serve. Community representatives have expressed a willingness to help and a desire to work in partner- ship with police. In fact, community policing was the most frequent and articulate demand madeby Los Angeles citizenry in the many public meetings, ques- tionnaires and polls, as well as the Blue Ribbon Criteria Committee 2Peak and Glensor, 1996, p. 179. 3Shusta et al., 1995, p. 93. 149 The Police Responsibility to Community-Oriented Policing ina Diverse Society 93 deliberations of last summerin the processof selecting a new chief ofLAPD.* In this chapter, we review ways that the LAPD Training Group can better integrate community policing and diversity awareness with instruction throughout the Department, particularly with regard to use of force, search and seizure, and arrest procedures. The discus- sion begins by looking at how community policing has developed in Los Angeles and continues by identifying issues in community policing, problem solving, and diversity awareness in which the LAPD should seek to become moreadept. COMMUNITYPOLICINGAND ITS DEVELOPMENT IN LOS ANGELES To freedom-loving men, the Berlin Wall is an ugly welt upon the face of the world . . . {a] foremost symbolof lack of understanding among menandof brotherhood lost. Almost as impregnable and insurmountable, however is the invisible wall which separates manypolice departments andthecitizens they serve. This wall, al- though not topped by barbed wire and embeddedslivers of glass, still accomplishes the undesirable effect of thwarting communica- tion between police and their communities.5 Community policing can bridge the gap between police andcitizens by uniting them in a commoneffort to prevent and control crime. Community policing is defined as “a collaboration between the po- lice and the community that identifies and solves community prob- lems.”§ Ideally, such collaboration helps develop better relation- ships and mutual understanding between police officers and community members, which in turn help in solving community problems. The most recent impetus for LAPD community policing in Los Ange- Jes came from the recommendationsofthe Christopher Commission “that the Los Angeles Police Department... embrace a philosophyof 4jones and Wiseman, 2003. Stamm, 1965,p.LO. 5y,S, DepartmentofJustice, 1994,p.vil. 150 94 Training the 21st Century Police Officer . Community-Based Policing.”’ As part of the Department’s com- munity policing effort, officers and citizens participate in the follow- ing activities: Community-Police Advisory Boards (C-PABs): These boardsin- volve police interaction with civilian volunteers from local area residences and businesses. The C-PAB advises the area com- mandingofficer on crime and quality-of-life issues affecting the community. C-PAB members also present LAPD information to the community.8 Basic Car: The LAPD comprises four operational bureaus (Central, South, Valley, and West}. Each is divided into smaller community areas with its own police division, which total 18 throughout the city. Each of these community areas in turnis divided into eight to ten neighborhoodareasreferred to as “Basic Cars.” There are a total of 168 Basic Cars throughout Los Ange- les. Each Basic Car has onepatrol car permanently assigned to provide service in that neighborhood, Each Basic Car also has a senior lead officer (SLO) responsible for establishing and main- taining police-community partnerships. SLOs are responsible for monitoring crime trends and special problems needingpolice attention, working with the local C-PAB andresidents to develop goals for officers assigned to the Basic Car, and acting as liaisons with area detectives. A Basic Car district comprises groups of two or three Basic Cars, Each police division has a sergeant whodi- rects and orchestrates the activities of the SLOs. This SLO su- pervisor provides a point of contact internally and externally for the individual SLOs.9 SLO Mentor Program: There are two componentsto this pro- gram—SLOtransition and SLO mentoring. The SLO transition componentfacilitates the transition between incoming and out- ?parks, 1997, p.1. [Emphasisin the original.) 8LAPD, Office of the Chief, Administration Order No.6, May18, 2000 (not publicly available). 9see www.lapdoniine.org/community/basic_car_plan/bcp.htm, last accessed on March 11, 2003. 151 The Police Responsibility to Community-Oriented Policing in a Diverse Society 95 going SLOs. The SLO mentoring component provides aspiring SLOs exposureto the role and duties of an SLO.19 ¢ Area SLO Summits: Area summits bring together key stakehold- ers from each area twice a year to identify the most significant problemsin each ofthe 18 LAPD community areas.!! The goalis to have those stakeholders assume a share of the responsibility for solving the identified problems through the formation of po- lice and community collaborative teams or PACCTs. * Police and Community Collaborative Teams: PACCTsconsist of at least two SLOs, one or more community group representa- tives, and a representative from the local city council office. PACCTs are convened to address problems identified at area summits.14 * Neighborhood Prosecutor Program: The Office of Los Angeles City Attorney developed a neighbarhoedprosecutor program that assigned city attorneys to each of the 18 geographic areas. The role of these prosecutors is to focus on minor crimes and quality-of-life issues with particular emphasis on parks and schools. This program assists LAPD officers by serving as an im- portantlink between the Departmentandthe courts. * Neighborhood Council: Neighborhood councils promote com- munity input into city government and help make it more re- sponsive to local needs. As of February 2003, there were 60 neighborhoodcouncils.4 * Community Police Academy: This ten-week academyis designed to give community members an overview of the LAPD’s policies and procedures. 10Notice to all Sworn Personnel, from the Office of the Chief of Police, Subject: Senior Lead Officer Mentor Program,June 24, 2002 (not publicly available), 11interdepartmental Correspondenceto all Area Commanding Officers, from the Special Assistant, Subject: Area Summits and Police and Community Collaborative Teams (PACCTs), August 5, 2002 (notpublicly available), lipid. 13Intradepartmental Correspondenceto all Area Commanding Officers, from the Chief of Operations, Subject: Neighborhood Council Update, February 11, 2003 (not publicly available). 152 96 Training the 21st Century Police Officer Police Magnet Program: This four-year program is conducted at five high schools and one middle school within the diverse communities of the Los Angeles Unified School District. The program identifies youth who havean interest in law enforce- ment careers. Approximately 1,000 youths are in attendance with annual graduation consisting of 120 students. Students par- ticipate in firearms safety demonstrations and take tours of the jail, juvenile hall, and the scientific investigation and the com- munications divisions, Studentsare also introduced to commu- nity problem-solving models and conflict resolution tech- niques.!* LAPD Online Web Site (LAPDOnline.org): LAPD Online is the most comprehensive web site to provide frequently requested law enforcement and public safety information to those wholive, work, and visit the City of Los Angeles. The site contains over 10,000 pages of general information and more than 1,000 De- partmentpublications for the public to download. L.A. Community Policing Web Site (LACP.org): LACP.org is the online forum for Los Angeles Community Policing. LACP is an independent organization dedicated to providing information about community policing, public safety, law enforcement, gov- ernment, and criminal justice. SAFE PARKS Program: This is a joint initiative between the De- partmentof Recreation and Parks and the LAPD to maintain a safe and family-oriented environmentin the 385 parks within the City of Los Angeles. Institutional Partnerships: The LAPD has worked with the Pat Brown Institute to develop community policing and problem- solving traininginitiatives. It has also worked with the Museum of Tolerance to develop a course on “Tools for Tolerance”to en- hance officer introspection about how personal prejudicesor bi- ases mayaffect interaction with the public. Beyondthese special initiatives, the LAPD has two internal entities for managing community-oriented policing efforts: the community policing unit and the community relations section. The community 14,app, 2003d. 153 The Police Responsibility to Community-Oriented Policing in a Diverse Society 97 policing unit provides information and training on community policing. The community relations section, established in 1965 in the aftermath of the Watts riots, strives to maintain open avenues of discourse between local communities and the LAPD regarding con- temporary issues facing law enforcement.}5 These efforts are impressive and commendable. Yet community policing is not a single program or group of programs. Rather, itisa policing philosophyof service to the community.!® To realize the goals of community policing, the entire organization needsto reflect the goals and objectives ofthis philosophy. In short, community policing goes beyond simply implementing footbeats, bicycle patrols, or neighborhocdstations. It redefines the role of the officer on the street, from crimefighter to problem solver and neighborhoodrepresentative. It forces a cultural transformation of the entire department, including a decentralized organizational structure and changes in recruiting, training, awards systems, eval- uations, promotion, and so forth. Furthermore, this philosophy asks officers to break away from the bindsof incident-driven polic- ing and to seek proactive and creative resolution to crime and dis- order. !? Unfortunately, the philosophy of community policing, as imple- mented in the Los Angeles Police Department over the past two decades, has often been less than clear. Community members and Department personnel alike were unable to articulate LAPD guiding principles for community policing. Chief Bratton states that “community policing is simple, It’s the three Ps: partnership (with the community), problem-solving (with the community), and pre- vention (of crime in the community).” 15see www.lapdonline.org/organization/ocp/cag/crs/community_relations_main, htm and www.lapdoniine.org/ organization/ocp/cag/crs/ccpl_unit/acomm_cp_ liaison.htm,last accessed on March 11, 2003. 16stevens, 2001,p. 8. 17Peak and Glensor, 1996,p. 75. 154 98 Training the 21st Century Police Officer THE IMPORTANCEOFDIVERSITYAWARENESS Los Angeles today is one of the most heterogeneouscities in the na- tion, with large Hispanic, African American, Asian, and non-Hispanic white populations (see Table 4.1). General U.S. population trends reflect this diversity. American society is ever diversifying, most re- cently because of Hispanic population growth. Between 1980 and 2000, the non-Hispanic population grew 16 percent, and the His- panic population grew 142 percent. In Los Angeles the non-Hispanic population declined 8 percent between 1980 and 2000, while the Hispanic population grew 111 percent, spurringtotal city population growth by 25 percent. Police work in Los Angeles cannotignore the cultural diversity of the city or the speed with which its demographics are changing. The LAPD musttrain its officers to recognize cultural differences and barriersif it is to serve its people effectively. As noted in one analysis of law enforcement in multicultural communities, “The more pro- fessional a peaceofficer is, the more sophisticated he or sheis in re- spondingto people ofall backgrounds and the more successful he or sheis in cross-cultural contact.”!8 Cultural and diversity awareness must include an understandingof cultural issues not only related to Table 4.1 Los Angeles Population by Race Race Total Percentage Non-Hispanic,single race White 1,099,188 29.7 AfricanAmerican 401,986 10.9 Asian orPacific Islander 369,334 10.0 Other 17,962 0.5 Non-Hispanic, multiracial 87,277 24 All Hispanics 1,719,073 46.5 SOURCE: U.S. Census Bureau, 2000. 18shusta et al., 1995, p. 4. 155 The Police Responsibility to Community-Oriented Policing in a Diverse Society 99 race,religion, gender, and age, but also related to physical or mental disabilities and sexualorientation.19 There is disagreement about the most effective means for approach- ing diversity issues related to policing, but there are several guide- lines to which police should adhere in addressing such issues. These include respecting and being sensitive to the needs of diverse com- munities. Further police training involving multicultural issues should be created in consultation with the communities. Diversity awareness hasto be recognized as an integral aspectofpolicing phi- losophy as demonstrated in the conductoffield operations.2° More specifically, training programs based on theseprinciples should in- clude instruction on ¢ various cultures in the community * the effects of diversity on community relations and howbestto deal with other cultures « the ramifications of demographic and sociological changes for law enforcement * the influence of perceptions, cultures, and prejudices on behav- ior * public and private agencies that provide assistance to members of the community with special needs, such as immigrants * reducing citizen complaints and lawsuits, negative publicity, and liability * officer safety skills * conflict resolution techniques * how cross-cultural knowledge andskills contribute to “real po- lice work.”21 Developingofficers who understand the nuancesofpolicing in a plu- ralistic society and who can adeptly use this knowledgein their work 11pid., p. 92. 20Himelfarb, 1991, pp. 53-55. 2ighustaet al.1998, p. 95. 156 100 Training the 21st Century Police Officer is a constant challenge.22 It can be especially difficult for a force that traditionally has prided itself on technical capabilities rather than on the full scope ofeffectual palice techniques. WHATIS NEEDED FOR COMMUNITYPOLICING TO SUCCEED? Those responsible for training officers for community policing should be preparedto facestiff resistance. One of the commonrea- sonsfor this resistance is a misunderstanding of the approach. Offi- cers are inclined to think that community policing is "soft on crime.” Department leadership and front-line supervisors need to actively work to overcomethis misperception. Training mustsimilarly target such misconceptions. Tactics that can help overcome mispercep- tions about community policing include conducting accurate com- munity needs assessments, including all appropriate parties in col- lecting data to develop community policing strategies; assuring appropriate resources are available for community programs; and evaluating and modifying programs as needed.?8 Supporting Recommendation. ‘Make the LAPD a more. “transparent agency,” opento the entire commu-. nity. : A police culture that cultivates an aura of secrecy also impedes the . implementation of a community policing strategy. Too many ob- servers contend that such a culture adversely affects the LAPD. One community member commentedonhis belief that the LAPD culture breeds an “endjustifies the means” mentality and instills the “code of silence” in its officers.24 A second concurs, noting that “the LAPD’sso-called ‘codeof silence’ exists as much todayas it did when the Christopher Commission issued its report,” contending that 22tHimelfarh, 1991, pp. 53-54. 23california DepartmentofJustice, 1999,p. 3. 24communitymemberinterview by Estela Lopez, February 10, 2003. 157 The Police Responsibility to Community-Oriented Policing in a Diverse Society 101 Chief Bratton must make changing this problem his top priority if he wants to effect long-term change in the Department.25 The insular attitude of such a “code ofsilence” perpetuates an “us versus them” mentality that inhibits collaboration between police and the com- munity. In this context, Chief Bratton’s goal of making the LAPD a “transparent agency” is imperative. Opennessin the Department can generate trust and improvedrelations between the police and the community. Somefeel policing cannotbetruly effective without such trust.26 SupportingRecommendation Develop and articulate a clear and unified message regarding community ‘policing. In case study interviews conducted in support of this project, re- spondents consistently noted that effective training hinges on police departmentleadership and commitmentto training.2” One law en- forcement training manager noted that “a change [in] the training philosophy can’t be made without an absolute commitment on the part of the chief and his staff.”28 LAPD officers indicated that com- munity policing is being implemented inconsistently across Depart- ment divisions.22 This variance in implementation might be at- tributed to the absenceof a clearly disseminated message on com- munity policing being promulgated by leadership, inconsistency in community policing training, leadership at lower echelons, or, most likely, a combination of factors. Unquestionably, clear and articulate guidance from the top is essential. Other initiatives are destined to failure without it. A new cornerstone upon which to build seems to bein place, but there is much building to be done. 25community memberinterview by Estela Lopez, December12, 2002. 26u.s. DepartmentofJustice, 1994,p.vii. 27an overview of the case studies completed in supportof this analysis appears in Appendix J. 28yarold Medlock phoneinterview, Charlotte-Mecktenburg Police Department, Au- gust 30, 2002, by David Brannan. 29seniorleadofficer focus group, December4, 2002. 158 102 Training the 21st Century Police Officer : Supporting Recommendation : Actively recruit diverse individuals who possess the appropriate values: ‘and skills necessary for community policing within diverse communities, Department human resourcespolicies, as an extension of guidance from the chief's office and a critical factor in using that guidance to direct training development, will also be crucial to the successful implementation of community policing.3° Individuals are attracted to a career in the LAPD for a variety of reasons. It has been noted that while someseeit as a way to make the community a safer and better place, others seek to becomepolice officers because of the job stability or pay that accompaniesthe position.3! Law enforcement agencies wishing to succeed in community policing cannot leave human resource development to chance. They mustactively seek individuals with appropriate values andskills, hopefully those “with some exposureto college ... who are ethical, responsible, and have a record of using good judgmentin their discretionary decisions” and are able “to communicate effectively with an even temper, empathy, helpfulness, and a positive outlook and [to] establish a rapport with diverse groups.”52 Someagencies undertake special recruitment programsin an effort to improve relationships with diverse communities. For example, the LAPD hasa specific hiring goal for women. Other agencies have adopted residency requirements to ensure thatthey hire officers who reflect the community andits interests.33 Those interviewed in the case study analyses suggestedthatdiversity issues, particularly those regarding race, gender, and sexual orientation, are mosteffectively handled byactively recruiting officers from the communities of con- cern. Resulting community partnerships can help police “make the transition to facilitator of community needs and, through a positive 30carter, 2003. 31 carlson, 2002, p. 122; LAPD probationers, FTO, and seniorleadofficer focus group notes, December 14, 2002. : 32carter, 2003, 33¢arlson, 2002, p. 122. 159 ThePolice Responsibility to Community-Oriented Policing in a Diverse Society 103 relationship, work to achieve a desirable community.”34 Thekey, however, is officer competence. Promising candidates will have a multiplicity of the desirable characteristics mentioned in the previ- ous chapters. Others will bring other significant assets to the De- partment. Quality officers on the streets begins with quality material entering academytraining. TRAINING FOR COMMUNITYPOLICING ‘ Supporting Recommendation ‘Train all LAPD persorinel in the community-policing problem-solving modal. , Effective community policing requires training for both police per- sonnel and community members. Effective training aids the devel- opmentof newpolice attitudes, knowledge, andskills and facilitates reorientation of perceptions and refinementof existing skills.35 Many departments implementing community-oriented policing have developed specialized units or groups of officers. While this approach has had somepositiveresults, it can also result in failure to involve andtrain otherofficers in the community policing skills they need. LAPD officers admit that community policing is currently lim- ited to a chosen few and that manyofficers do not know what com- munity policing entails,36 Integrating community policing in De- partmenttraining for every officer and having each perform com- munity policing tasks are necessary to ensure the acceptance of com- munity policing and its philosophy throughout the LAPD. Asarticu- lated by former Los Angeles Police Chief Bernard Parks, the factis that responsibility for Community Policing is vested in about 191 members of this 12,000 memberorganization—168 Se- nior Lead Officers, 18 Areas captains, 4 geographic bureau com- mandingofficers, and the Chief of Police. Supervisors, detectives, 34stevens, 2001, p. 8. 35peak and Glensor, 1996, p. 171. 36Multiple focus groups. 160 104 Training the 21st Century Police Officer and even mostofficers assigned to the Basic Car Plan themselves feel litde responsibility for the success of Community Policing.... Community Policing simply cannot be contained in a small room within each Area from which the SLOs work each day.3? Key Components ofCommunity Policing Training Itis generally agreed that there are three key componentsto effective community policing: problem solving, community engagement, and organizational transformation. (Thelast element, with its focus on an organization’s leadership, systemic issues, andstructure, only in- directly affects training and thusis not included in the discussion below. Note, however, that adcption of a professional police ethic for the Department would fundamentally affect such a transforma- tion.) “Supporting Recommendation ‘Consider adoptingthe CAPRA problem-solving model|in lieu of the SARA “approach. Problem Solving. Problem solving is the practical application of community policing. Law enforcement agencies worldwide use manydifferent problem-solving models. The most commonis that used by the LAPD: SARA,or scanning for the problem, analyzingthe specific elements of the problem, developing and implementing re- sponses, and assessing the efforts made. SARA has been effective in many instances. However, some contendthat it too often fails the agenciesthat use it.48 Failures in SARA can often be traced to an in- sufficient emphasis on community involvement in the problem- solving process. As an alternative to SARA, the Royal Canadian Mounted Police have adopted CAPRA,or a modelfor understanding the clients (or community) and their needs and expectations, acquir- ing and analyzing information, establishing and maintaining part- 37Parks, 1997, p.2. 38while there are other options, SARA has beenreaffirmed as the primary problem- solving modelin the state of California. 161 The Police Responsibility to Community-Orjented Policing in a Diverse Society 105 nerships for problem solving, responding to problems, and continu- ally assessing performance.?9 CAPRA, by requiring police to consider solutions from outside the department, incorporates the second element of community policing: community engagement. (Presuming that the LAPD will retain SARA, training should ensure that appropriate emphasis is given to recognizing and understanding community needs during instruction on SARA in particular and throughout the curriculum in general. Emphasis on community needsis a primary point throughout the remainderofthis chapter, as it has been in much ofthe material precedingit.} Supporting Récommendation- “Maintain, refine, and-augment the LAPD's ongoing community engage-_ ‘ment activities,S, Including tht e citizenPolice academy. : Community Engagement. Contemporary community policing is based on the notion that all residents should be empoweredto en- hance their quality of life and prevent or eliminate crime and the problemsthat lead to crime.4? Community members must be Tec” ognized for the vital role they play in accomplishing these goals.4! Everyone benefits when community members understand therole and function of their police department and becomeactive propo- nents of law enforcement.42 The police must therefore educate community members about community policing and the role of community membersin its implementation. The LAPD has made some effort toward this end. It needs to sustain and build on these initiatives. One suchinitiative used by the LAPD and otherpolice agencies is the citizen police academy. Citizen police academies have beeneffective in educating community members about the mission, goals, objec- 39Information from www.mis.net/*dcaskey/cp.htm, accessed February 28, 2003. Attempt to access this web site on May 28, 2003 failed—the web page is no longer available, 40stevens, 2001, p. 9. 41peak and Glensor, 1996, p. 40. 42carlson, 2002,p. 115. 162 106 Training the 21st Century Police Gfficer tives, and programsof the police department. Theyare typically of- fered free of charge and are open to any interested community member. Citizen police academy courses should includeinstruction on communication with police officers, including how words, ac- tions, attitudes, and even tone of voice can affect an encounter with the police.43 The LAPD Community Police Academy should retain this popular program and strengthen efforts to includeall interested members of the general public. The community can also contribute directly to community policing by developing or providing training. For example, the Citizen’s Committee for New York City Neighborhood Anti-Crime Center de- veloped and conducted a 25-hour community policing and problem- solving training curriculum. Producing such a curriculum allows the community to help defineits role and thatfor officers in community policing. The LAPD has created opportunities for community input as well. A professional advisory committee of educators provides in- put on curriculum tepics. As noted in institutional partnerships, the Department has collaborated with local organizations to develop area-specific training in community policing and diversity aware- ness,44 Police training of community members, such as can occur through community police academies, needs to help residents understand why police cannot successfully handleall crime and how collabo- rative approach to problem solving leads to more effective crime control. Police officers should in turn be encouraged to develop a community profile or “beat book”identifying local leaders and re- sources. Officers should be skilled in communicating with the com- munity through newsletters and public meetings with community leaders, groups, or other representatives. The circle becomes com- plete when the police and community members create meaningful roles for volunteers in working with the police to improve public safety. 43peak and Glensor, 1996, p. 90. 44creene interview, 2003. 163 The Police Responsibility to Community-Oriented Policing in a Diverse Society 107 Points ofInculcation Training regarding community policing should provide officers with a level of understandingthat will allow them to effectively use prob- lem solving and community engagement techniquesin their daily work.45 More specifically, such a training curriculum should * provide participants with an overview ofthe history of policing and of research on the community policing approach, including case studies whereit has succeeded * teach basic problem-solving skills and the elements of commu- nity engagement * require officers ta develop and work on a community policing problem * demonstrate the benefits of collaborating with other government agencies, businesses, social service organizations, and the com- munity * explore the changesin leadership, management, and supervision styles needed to implement community policing.*® Such a curriculum should include someofthe following activities that are typically part of a community-oriented policeofficer's day. In addition to traditional law enforcementactivities, such as patrol and respondingto calls for service, the day might include analyzing and solving neighborhood problems, meeting with community groups, working with citizens on crime prevention programs, meet- ing with local merchants, making security checks of businesses, and dealing with disorderly people.’ Forthis study, we assessed the current community policing training models used in the recruit academy,in field trainingfor officers, and in continuing education (or in-service) training. We gave special at- tention to training on diversity awareness regarding personsof dif- 45peak and Glensor, 1996, p. 178. 461pid. 4?astrofski, 1992, pp. 23-27. 164 108 Training the 21st Century Police Officer ferent race, sex, ethnicity, religion, and sexual orientation, and per- sons with disabilities. Ourfindings are based on classroom observations, analysis of course curriculum,and interviews conducted with training and other police personnel, and external stakeholders including community members and elected officials. Overall, we found that * the Department needs moretraining on community policing, problem solving, and diversity awareness * community policing, problem solving, and diversity awareness need to be more thoroughly integrated into training (rather than taught in separate, stand-alone blocks as has been suggested in previous studies) * classroom scenarios and case studies should be more carefully crafted to reflect real-life community dynamics that officers are likely to encounter(i.e., diverse groups of people with a variety of problems) «thefacilitation of classroom scenarios and case studies needs to better emphasize a problem-solving approach and application of problem-solvingskills * recruits should participate in community policing activities with their FTOs * training involving participation by community members should increase. Belowis a review of more specific findings regarding training for the recruit academy,thefield training officer program, and the continu- ing education division. Recruit Academy. Experiences at the recruit academy can shape how well an officer will perform police tasks, including those of community policing, throughout his career. As one study of com- munity policing notes, “the academysets the tone for newly hired officers. It is at the academythat recruits begin to develop a strong mind-set abouttheir role as police officers.”48 Another warns that 48peak and Glensor, 1996, p. 174. 165 The Police Responsibility to Community-Oriented Policing in a Diverse Society 109 without changes corresponding to broader changes for community policing, recruit training “will be insufficient and doom the long- term goals of’ community policing.49 Below are specific recom- mendations for improving elements of recruit academy training to support the broader goals ofcommunity policing. The LAPD offers a two-hour course on community policing and problem solving in learning domain (LD) 3 “Community Policing” during academy instruction. This is the only community policing- specific course offered to recruits. Its instructor excels in defining community policing, communicating the responsibilities of com- munity-oriented police officers, describing the SARA model, outlin- ing community expectations of officers, and explaining means to overcomebarriers between officers and the community. Overall, the brief course offers a good introduction to community policing. It can be improved. The course is far too short and doesnot offer enough time for recruits to practice their newly acquired skills in problem solving in scenarios or case studies. Its discussions of diversity awarenessare too general. The role of managementin community policing is not addressed atall. ‘ SupportingRéecommendation ‘Increasethe length ofthe community policing course and useIt for induc- - -tion purposes. . : The curriculum for the course has been condensed from compre- hensive material that was originally covered ina six-hour course. We recommend that, at a minimum, the LAPD restore this coursetoits original length and place it early in the academy training. New re- cruits need immediate reinforcementthat this issue is crucial to the Department. Many new recruits do not naturally know howtotalk with residents in the role ofLAPD officer. It is critical to provide early and solid training in communication, not only to defuse tense inci- dents, but also to train new officers to successfully work with merchants, attend neighborhood council meetings, and otherwise 43stevens, 2001, p. 109. 166 110 Training the 21st Century Police Officer interact easily and effectively with members of the Los Angeles com- munity. New officers should be taught not only how to deal with negative scenarios, but also how to establish effective communi- cations with citizens during routine interfaces. Failure to provide such training meansofficers will miss opportunities for positive interaction with constituencies whotraditionally like the police and who could help strengthen police-community ties.59 Supporting Recommendation ‘Adopt as permanenttheongoingtrial of introducing the basics of com: munity policing and diversity awareness early in academy training and in-: -tegrate community policing, problem solving, and diversity awareness: throughoutpertinent recruit instruction. Broaden this effort through field: -training and continuing education. : Even such a lengthened course is good only for introduction pur- poses. It should be followed by the insertion of community policing issues throughout the Department’s training curriculum. Guidance from the Bureau of Justice Assistance concurs in this regard, noting that “community policing skills should be integrated into the train- ing curricula, not treated as a separate componentofthe training program.”5! The LAPDis already undertaking such integration on a trial basis. In addition, the name of LD 3 as community policing is a recent POST change (the former name wastactical communication). POSTalso recommendsthat course presenters throughout the state offer the course during the initial week of academytraining. Integra- tion of community policing throughout other courses is not only theoretically sound, it will enhance, rather than supplant other POST-required material. Diversity awareness training is currently taught in two learning do- mains: LD 42 “Cultural Diversity/Discrimination” and LD 37 “Per- sons with Disabilities.” Both are comprehensive in the coverage of their topics. LD 42 includes discussions on issues of racial and ethnic 50Community memberinterview with Estela Lopez. 51y.5, DepartmentofJustice, 2003, p. 36 167 The Police Responsibility to Community-Oriented Policing in a Diverse Society 111 diversity, special populations (including persons with physical disabilities, hearing and vision impairments, and mentalillnesses), sexual orientation inside and outside the Department, and gender equity inside the Department. It also covers guidance on how to overcomepersonal bias and definitions of discrimination, stereotyp- ing, prejudice, culture, and other pertinent concepts. LD 37 provides more detailed instruction on issues related to personswith disabili- ties. Both LDs do a fine job regarding how to deal with diverse groups of people. To do otherwiseis to fail to properly prepareoffi- cers for situations they will confront in the field. ‘Supporting Recommendation Involve recrults In problem-solving projects and encourage recruits to par- ticipate|in various eomrnunity activities during the trainingPeriod. Asis the case with community policing, however, discussing diversity awarenessin isolated classes is insufficient. A keen awareness of howto interact with different persons must be fostered and practiced throughout the curriculum. Diversity awareness should be inte- grated into all other learning domains. After these introductory courses on diversity awareness, recruits should have repeated oppor- tunities to learn about the nuances of the community they will be serving as well as opportunities to discuss issues such as personal bias, prejudice, and discrimination. Tactical training programs such as those on use of force, arrest procedures, and search and seizure should also include training on dealing with diverse groups of peo- ple. Community policing requires a decentralized approach to law en- forcement, one in which operational and tactical decisionmakingis encouragedat lowerechelonsin an organization.52 Recruits there- fore need to be taught howto think independently and make deci- sions on their own. Such training will instill the confidence needed for them to be appropriately confident in their ability to initiate problem solving during interactions with their community. Cur- 52peak and Glensor, 1996,p. 17. 168 112 Training the 21st Century Police Officer rently, the LAPD and manyother law enforcement agencies employ a military style of instruction that fails to promote decisionmaking skills and autonomous operations. - SupportingRecomm@ndation ‘Develop problem-based scendrios and case studies that allow recruits to: ‘apply problem-solving skills and knowledge of diverse populations. An excellent methodofintegrating community policing and diversity awarenesstraining elements into all learning domainsis the use of real-life, problem-based scenarios and case studies. A detailed dis- cussion about the developmentof scenarios follows in the next chap- ter. Here, we reinforce the finding that the scenarios and case stud- ies currently used by the LAPD are not explicitly problem-based and lack sufficient examplesofreal-life issues faced by the community. By working through a more problem-based curriculum,recruits will * learn and usethesteps of the problem-solving model * discover the importance of thoroughly analyzing a problem us- ing a variety of information * apply the methods andresources involved in problem solving * understandthevalueofproblem solvingto policing.54 -Supporting Recommendation Base thetraining approach on the tenets of adult education, promoting decisionmaking ability andinitiative within the community. Training should involve recruits in SARA (or preferably CAPRA) proj- ects and encourage them to participate in various community ac- tivities during the training period. As noted, the LAPD has a number of community policing activities (e.g., area SLO summit meetings, 33tpid., p. 182, 169 The Police Responsibility to Community-Oriented Policing in a Diverse Society 113 SARA projects, and neighborhood council meetings). Currently, re- cruits are not required to participate in ancillary activities with the community, a situation that should change. Our case studies indi- cate that other police departments encourage community involve- mentby recruits in a variety of ways. The San Francisco Police De- partment sponsorsfield trips for trainees to community gatherings and events. Other agencies encourage recruits to develop neighbor- hood portfolios, or beat books, which include identification of com- munity groups and issues, advisory boards, and other resources for advice on solving problems encountered on patrol.54 Supporting Recommendation Anvolve recruits in area SLO summit meetings and use. qualified SLOs for academytraining. Since SLOsare the only officers who currently engage in community policing on a full-time basis, they are the ideal candidatesto train new recruits about the application of community policing and prob- lem-solving strategies. SLOs are currently not involved in training at the academy. We recommendthat SLOs be used as instructors or facilitators in academytrainingafter their successful completion of the Department's instructor course. Note, too, that SLOsare a logi- cal groupto be trained in the problem-based learning model. It is worth considering increasing the use of civilian instructors and guest speakers from the community. Civilians are rarely used as in- structors or invited to be guest speakers at the training academy. The LAPD could benefit from using cultural, ethnic, or other group specialists as instructors and guest speakers. Selecting these speak- ers would require a screening process to ensure that those invited present a variety of ideas rather than advocating limited personal agenda, andthat they meet Departmentinstructorstandards. Field Training Officers. FTOs are importantfor solidifying the ideals of community policing throughoutthe force. The FTO has a tremen- dous impact on how therecruit views policing and, as a result, how 54See Appendix], 170 114 Training the 21st Century Police Officer that recruit will perform upon completion of his probationary pe- riod.55 FTOs should reinforce academylessonsby helpingthe recruit put into practice the various methods andstrategies learned during training.°6 Without FTO acceptance and espousal of a community policing philosophy, newofficers will rarely put community policing into practice. Our recommendationsfor the FTO training program, which encompassesboth training courses for FTO candidates and the role of the FTO in training probationers, are similar to those for the recruit academy. It is suggested that the training group integrate elements of com- munity policing, problem solving, and diversity awarenesstraining, including working with special populations, into the FTO course, and involve FTOsin recruit academy instruction. As has already been suggested for probationer instruction in general, FTOs should be taught how to complement academytraining in these areas. The Department mightfind it valuable to study the FTO program in Reno, Nevada,for potential lessons of value. The Reno FTO program (“post-academypolice training”) features a unique trainingrelation- ship in which FTOsact as coaches and developersfor recruits. The program is problem based, builds on whatrecruits are learning in the academy,andreflects their future work. Participants are taught fur- ther about problem-solving strategies during their post-academy field training.5” Continuing Education Division. In-service training or continuing education provides additional opportunities for reinforcing skills ac- quired in the academy and the FTO program andfor maintaining skills in community policing and problem solving. In-servicetrain- ing is one of the primary meansof introducing community policing to those trained and experiencedin traditionalpolicing.5® It can also serve as a forum for discussing existing community problems, demographic changes, and changing community needs. There are several means by which the LAPD could improveits continuing edu- cation for community policing. 55peak and Glensor, 1996, p. 175. 56ipid. 57Hoover, Cleveland, andSaville, 2001, pp. 175-189. 58peak and Glensor, 1993, p. 170. 171 The Police Responsibility to Community-Oriented Policing in a Diverse Society 115 Community policing and problem solvingare not explicitly covered in continuing education programs. Only a two-hourblock oftraining in community policing is offered in “supervisory school.” This training course does an inadequate job of facilitating problem solv- ing and neglects to discuss specific community expectations. The course also fails to present or apply problem-solving models. Diversity awareness training is minimally addressed in the LAPD Continuing Education Delivery Plan (CEDP). Cultural diversity and tactical issues related to dealing with persons with disabilities are implicitly covered in the scenarios for CEDPI, an eight-hourtraining block for updating thefield officer on a variety of tactical and non- tactical issues, such as vehicle stops and arrest techniques. Diversity awareness and discrimination prevention receive some coverage in CEDPV. In addition, a “Diversity and Discrimination in the Work- place” course is offered in supervisory school and detective supervi- sor school. While we did not observeor review these courses, written curriculum materials reflect that they appear to offer adequate in- formation about workplacediversity and discrimination. ‘Supporting Recommenaatian ‘Discuss existing community problemsinclass in addition to problem- based scenariosand casestudies. As with the other points of inculcation, RAND recommendsthat the training group integrate elements of community policing and diver- sity awareness into all applicable training. Continuing education courses should use real-life, problem-based scenarios and case studies in all courses much as they are used in academytraining. In- service programs should be a medium for officers to work through problems, or to share success stories, from the field. All training courses should help officers ¢ identify problems on the beat * use the problem-solving model « demonstrate an in-depth analysis of problems, including an un- derstanding of environmental influences on the crime 172 116 Training the 21st Century Police Officer * identify the diversity of resources available, variety of strategies to address problems, and crime prevention techniques * simulate an evaluation of the process * discuss the advantages and disadvantages of the process em- ployed.59 “Supporting Recommendation . ‘Use SLOs as facilitators fortraining and. considerincreasing the use of ‘civilian instructors and guest speakers from the® communityiin training. Neither SLOsnorcivilians are greatly involved in continuing educa- tion programs. Both can helpofficers identify areas for collaboration with the community in solving local problems. CONCLUSION Police professionalism today goes far beyond “just the facts ma’am.” It reinforces the fact that a police officer’s prime responsibility is to serve the community. It is impossible to adequately serve a com- munity without first understanding the community's needs and de- mands. It is therefore essential that law enforcementofficials un- derstand the cultures ofthe communities they serve. Practical application of these philosophical tenets can only be ac- complished through comprehensive, fully integrated training in community policing and diversity awareness. Individuals who pos- sess the appropriate values andskills mustbe recruited to assist with the necessary training. All persons involved with the LAPD should receive training in which community policing and diversity aware- nessare integral parts and in which every problem challenges a stu- dent to consider issues relevant to these areas, just as they should during every interaction on the streets. The Department should en- hanceits existing partnerships with the community to strengthen the impactof training. Completion of these tasks will bring the LAPD 53peak and Glensor, 1996, pp. 182-183. 173 ThePolice Responsibility to Community-Oriented Policing in a Diverse Society 117 closer to ChiefBratton’s vision of community policing as the three Ps of partnership, problem solving, and prevention,© 603;ratton interview, 2003. 174 contactus solveacrime men-emergency (877) ASK-LAPD aboutS11 city directory.211t HOME CRIME MAPPING E-POLICING JOIN THE TEAM LAPD BLOG LAPD EQUIPMENT LAPD SPORTS LAPD TV NEWSROOM OUR COMMUNITIES POLICE COMMISSION REPORT A CRIME SOLVE A CRIME SPECIAL ASSISTANT FOR CONSTITUTIONAL POLICING SUPPORT LAPD INSIDE THE LAPD Salute Our Heroes History of the LAPD Metropolitan Division LAPO Special Units Unsolved Murders of LAPD Officers GET INFORMED Alarm School Contact Us Crime Mapping and COMPSTAT Crime Prevention Domestic Vielence FAQs For Your Family Gang Injunctions | Want to Know home+support Community Policing Opportunities The Los Angeles Police Department strongly embraces the philosaphy of Community Policing in all its daily operations and functions, Community Policing is based upon a partnership between the police and the community whereby the police and the community share responsibility for identifying, reducing, eliminating and preventing problems that impact community safety and order. By working together, the police and the community can reduce the fear and incidence of crime and improve the quality of life in neighborhoods citywide. In this effort, the community and police work as partners to identify and prioritize problems of crime and disorder and share the responsibility for the development and implementation of proactive problem-solving strategies to address identified issues. The strategies used prove success because they mobilize the efforts and resources of the police, the community and local government. If you have any inquiries regarding our Community Policing Programs, please contact the Community Policing Unit, Office of Operations, at 213-486-5280 or e-mail us at ComPolicing@lapd.lacity.orq. Community-Police Problem Solving (CPPS) Community-Police Advisory Boards (CPABs) Community-Police Advisory Board City-Wide Minutes Annual Area Senior Lead Officer Summits LAPD Community Relations Section © GET Involved! Community Relations in Your community © Community-Based Government Community-Police Problem Solving (CPPS) This is the LAPD's rnodel for proactively salving community problems. Community-Police Problem Solving uses the "SARA" approach (Scanning, Analysis, Response, and Assessment) to examine characteristics of problems in the community and to develop appropriate strategies to reduce these community- identified crime and disorder issues. The objective is to reduce, eliminate or provide a better way of effectively responding to neighborhood problems. We are in the process of training all police officers in C-PPS. Currently, a committee consisting of a police officer and community members is developing C-PPS training for community members as well, community-Police Advisory Boards (CPABs) Each of the 21 geographic Areas in the Los Angeles Police Department has a CPAB, A CPAB is an Area-level community board camprised of members from the variaus residential and business communities who live or work in a particular geographic area. The purpose of the CPAB is to provide advice to the Area Commanding Officer regarding decreasing the incidence and fear of crime in the community, a5 well as to provide community members with a voice http://www.lapdonline.org/support_lapd/content_basic_view/731 Community Policing - official website ofTHE LOS ANGELES POLICE DEPARTMENT Page 1 of 3 INTERESTING FACTS The City of Los Angeles is 468 square miies The LAPO wasestablished in 1869 The LAPD badge, motto, uniform and acronym are the intellectual Property of the City of Los Angeles Venice Beach is the second largest tourist attraction in California, after Disneyland The LAPD was established in 1869 The Los Angeles Police Academy was used for the 1932 Olympic Game's pistol and rifle competitions The Los Angeles Police Academy remains a favorite of filmmakers, whose "Academy Arches" are recognizable around the world [WANT TO KNOW Do you have an internship program? How can [ volunteerfor the LAPD? What LAPD programsare available for teenagers? What community events are happening in my area? 175 10/16/2012 LAPD General Fund Contracts LAPD Adult Missing Persens Unit Most Wanted Read the Beat Magazine Sworn and Civilian Report Trademark Year in Review Youth Programs FILE A COMMENDATION OR COMPLAINT Select Language Powered by GageTranslate Disclaimer: The LAPDonlineorg® website has made reasonable efforts to provide an accurate translation, However, no automated or computerizedtranslation is perfect and is not intended to replace human or traditional transiation methods. The official text is the English version of the LAPDonjine.ora® website. If any questions arise concerning the accuracy of the information presented by the translated version of the website, please refer to the English edition of the website, which is the official version. Community Policing - official website ofTHE LOS ANGELES POLICE DEPARTMENT in the policing of their communities. In addition, the Area Cormmanding Officer provides updates and explanations of Department programs to members of the CPAB, Each CPAB has two co-chairs - one is the Area Commanding Officer and the other is a memberof the community. The members of the CPAB are selected by the Area Commanding Officer with recommendations fram the community. To learn more abaut how you can participate in the CPAB, contact your local community police station or review the enclosed C-PAB brochure. 1. Community-Police Advisory Board Brochure 2. Citywide C-PAB Quarterly Meeting Schedule GET Involved! Community Relations in Your Community For information on how you can be more involved in your community, calf the nurnberlisted below corresponding to your local community police station. If you are not sure which community police station to contact, visit our Community Map. Central Los Angeles Central Area Community Relations Office 213-972-1889 Hollenbeck Area Community Relations Office 323-342-4140 Newton Street Area Community Relations Office 323-846-3937 Northeast Area Community Relations Office 323-344-5712 Rampart Area Community Relations Office 213-484-3061 Valley Devonshire Area Community Relations Office 818-363-1726 Foothill Area Community Relations Office 818-756-8866 Mission Area Community Relations Office 818-838-9860 North Hollywood Area Community Relations Office 818-623-4001 Topanga Area Community Relations Office 818-756-3180 Van Nuys Area Community Relations Office 818-374-9403 West Vallay Area Community Relations Office 818-374-7690 South Los Angeles Harbor Area Community Relations Office 310-726-7920 77th Street Area Community Relations Office 213-485-4285 Southeast Area Community Relations Office 213-972-7961/7962 Southwest Area Community Relations Office 213-847-5800 West Los Angeles Hollywood Area Community Relations Office http://www.lapdonline.org/support_lapd/content_basic_view/731 Page 2 of 3 176 10/16/2012 Community Policing - official website ofTHE LOS ANGELES POLICE DEPARTMENT Page 3 of 3 213-485-43 10/4316 Olympic Area Community Relations Office 213-382-9130 Pacific Area Community Relations Office 310-202-2890 Wilshire Area Community Relations Office 213-473-0200 West Los Angeles Area Community Relations Office 310-444-0743 contact us / terms & conditions / los angeles police foundation : The Los Angeles Police Denar + Powered @y Radar Blue | @ 2012 City of Los Angeles 177 http://www.lapdonline.org/support_lapd/content_basic_view/731 10/16/2012 Case3:10-cv-01465-JSW Document72-1 Filed10/11/11 Page2 of 87 | STATE OF CALIFORNIA DEPARTMENTOF JUSTICE OFFICE OF THE DIRECTOR 6 INVESTIGATION REPORT Investigation Title: Date: Investigation No.: Oakland Police Department Sergeant of February 26, 2009 PS08-0035 Police, Derwin Longmire Report Number: Type of Report: Case X-Ref: 1 Opening/Closing Case Agent: Reporting Agent: Supervisor: John Porbanic, SAS John Porbanic, SAS Jeff Wall, SAC INTRODUCTION Subject of Investigation Derwin Longmire Sergeant of Police Oakland Police Department 455 Seventh Street Oakland, CA 94607 (510) 238-3455 Sergeant of Police Derwin Longmire began his employment with the Oakland Police Department (OPD) 23 years ago as a Police Officer. He has worked in various assignments with OPD including Patrol, the Criminal Investigative Division,Intelligen ce Unit, and Homicide. As relevantto this investigation, Longmire wasthe lead investig ator assigned by OPD to investigate the murder ofjournalist and editor of the Oakland Post Chauncey Bailey on August 2, 2007. BACKGROUND On October 30, 2008, Oakland Mayor Ron Dellums wrote to the Attorney General, requesting the DepartmentofJustice’s (DOJ)assistance in investigating al legations of misconductby OPD homicide investigator Derwin Longmire in connection with his inves tigation of the shooting death of reporter Chauncey Bailey on August2, 2007. Dellums reque sted that this agency conduct a concurrent, parallel investigation into the allegations of wro ngdoingin light of media reports and concernsfrom the community that called into question the i ntegrity of the OPD’s investigation into the murderofBailey. 178 OPD 0528 Case3:10-cv-01465-JSW Document72-1 Filed10/11/11 Page3 of 87 STATE OF CALIFORNIA DEPARTMENTOF JUSTICE OFFICE OF THE DIRECTOR $ INVESTIGATION REP ORT CONTINUATION Invest.Name: OPD Sergeantof Police Denvin Longmirs Invest, No. PSO8-0035 1 learned that OPD had been accused of engaging in misconduct in conne ction with a homicide investigation involving the journalist and editor of the Oakland Post Chauncey Bailey, who was murdered on August 2, 2007. Atthe time ofhis death Bailey was con ducting an investigative report on an Oakland based organization called Your Black Mu slim Bakery (the bakery). Devaughndre Broussard, a 19-year-old handyman at the bakery wasla ter arrested for Bailey’s murder. At the time of this report, Broussard remains in custody p ending trial. OPD and the City Attorney’s Office related that allegations against the OPDofficer s who conducted and supervised the investigation had been well documented in the press, but m ay not necessarily be accurate. On November 3, 2008, California DOJ, Division of Law En forcement, Bureau of Investigation andIntelligence (BIT), Assistant Chief Randy Bryant, along with Office of the Director, Professional Standards Group (PSG), Special Agent in Char ge (SAC) Jeff Wall attended a meeting at the OPD,located at 455 7 Street, Oakland, Califor nia. The meeting was chaired by Assistant Chief of Police Howard A. Jordan, and occurre d in his office located in Suite 818. The attendees also included the captain andlieutenant of OPD Inte rnal Affairs Division (IAD), the — @ sergeant who is assigned to conduct the ongoing int ernalaffairs investigation and a deputy from the City Attomey’s Office. All attendeesat the meeting agre ed that OPD IAD should provide the DOJ with all documentsin their investigation including all reports written andtranscriptions of interviews that have been conducted. On November 12, 2008,I, Special Agent Supervisor (SA S) John Porbanic, along with SAC Wall and SAS James Becker, met with OPD IAD Sergeant of Police and case agent, Robert Chan. Sergeant Chan provided us with three completed IAD reports pertaining to the investigation, dated June 27, 2008; August 14, 2008; and October 4, 200 8; along with 19 CDs containing information IAD told us they had obtained to date. The inform ation included the homicide investigation report, jail telephone calls from Bey IV, a DVDof Bey IV and twoother bakery members at San Leandro Police Department, and addition al information. We also discussed OPD IAD’s perspectives on the investigation. On December 18, 2008,I, along with SAC Wall; BIL, San F rancisco Regional Office, SAC Robert Castillo; Deputy Attorney General (DAG) William Tob y Darden; and Retired Annuitant (RA) Joe Doane, met with Alameda County District Atto rney (DA) Tom Orloff, Deputy District Attorney (DDA) Chris Lameiro, Inspector Kathleen A. Boyovich , and Inspector Toni Sall,at the Alameda County DA’s Office in Oakland. We discussed our in volvement in the OPD IAD case and informed them we would be monitoring OPD IAD’s investigat ion. 179 OPD 0529 $ Case3:10-cv-01465-JSW Document72-1 Filed10/11/11 Page4 of 87 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE OFFICE OF THE DIRECTOR INVESTIGATION REPORT CONTINUATION Invest. Name: OPD Sergeant ofPolice Denyin Longmire Invest, No. PS08-0035 On December 23, 2008,I, along with SAC Wall and DAG Darden, met wi th OPD Chief of Police Wayne G. Tucker, OPD IAD Captain Ed Poulson, and Deputy City Attorney Rocio Fierro. They stated they have contracted with an independent contractor named Wen dell Pete France (France) to conductthe internal affairs investigation. Captain Poulson esti mated France would have the investigation completed within two weeks. On January 28, 2009, at 1000 hours, 1, along with SAC Wal], DAG Darden , and RA Doane, met with the OPD independent consultant France. Hestated he had not been able to conductall of the interviews he had planned and was having difficulty proceeding with the inve stigation (due to his location on the East Cost and the unavailability of certain officers for i nterviews). At approximately 1600 hours, on the same date, I was instructed that the DOJ would be taking over the investigation as the primary agency and submitting our investig ation to OPD upon completion. Interviews of witnesses and subjects were then scheduled and conducted between February 17, through February 26, 2009. As ofthe time this report was prepared, France advisedthis officer that h e had no independent information relevant to the findings and conclusions, and his inve stigation had, to date, primarily involved merely a review of OPD documents. LIST OF WITNESSES INTERVIEWED Gustavo Galindo Sergeantof Police Oakland Police Department 455 Seventh Street Oakland, CA 94607 (510) 777-3333 Andre Rachal Police Officer Intelligence Unit Oakland Police Department 455 Seventh Street Oakland, CA 94607 (510) 777-3333 Dominique Arotzarena Police Officer Oakland Police Department 1 80 OPD 0530 Remaining Pages Omitted 181 oO © NY D R UW PP Ww W NY B e N Y w o b b H Y D H Y B N Y N N K F K F S e Y F F Y F e > S E O o n N W N H r F P W H N O F Y C O Y O O W H N H D W A B P W N K — 2 Davis WRIGHT TREMAINE LLP 865 S. FIGUEROA ST. SUITE 2400 Los ANGELES, CALIFORNIA 90017-2566 TELEPHONE(213) 633-6800 FAX (213) 633-6899 | KELLI L. SAGER (State Bar No. 120162) kellisager@dwt.com ALONZO WICKERSIV (State Bar No. 169454) kellisager@dwt.com JEFF GLASSER(State Bar No. 252596) jeffglasser@dwt.com Attorneys for Intervenors CONFORMED CopyORIGINAL F SUPERIOR co TILED OUNTYOFCMAFORNIA SEP 292010 Johi | , xse A. Clarke, ve Officer/Clerk Glonetta Ro tason Deputy LOS ANGELES TIMESCOMMUNICATIONSLLC; CALIFORNIA NEWSPAPER PUBLISHERS ASSOCIATION SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES PASADENA POLICE OFFICERS ASSOCIATION (PPOA); OFFICER JOHN DOE; OFFICER JAMES ROE, Plaintiffs, VS. CITY OF PASADENA; MICHAEL BECK, CITY MANAGER; PASADENA POLICE DEPARTMENT; BERNARD MELEKIAN, CHIEF OF POLICE, Defendants, LOS ANGELES TIMES COMMUNICATIONSLLC; CALIFORNIA NEWSPAPER PUBLISHERS ASSOCIATION, Intervenors. N e N e N a e N e e N e e N l N e e N e n e N a e ! N e e ! Si nc e” N a e S c o ! S e t ! N e t t ! S e e r N e r a ! Sa ma t” S e m ” S r e e S e a s - NOTICE OF RULING DWT15552914v1 0026175-000352 Case No. BC410724 Assigned to the Hon. Charles F. Palmer NOTICE OF RULING DISMISSING LAWSUIT AS MOOT 182 O o A F J T W B N A B ® W N Y B w w p p o b o b P L P K O K N H O R m w e e e e n H N Y N D W A f F Y H N Y K F O O Y W BR B H N W D N H H P W W N N & O O TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: NOTICEIS HEREBY GIVENthat on September 28, 2010, the Court’s Order To Show Cause re Dismissal For Mootness and the parties’ Cross-Motions for Summary Judgment came on for hearing before Judge Charles F. Palmerin Department 33 of the Los Angeles Superior Court. Kelli Sager and Jeff Glasser appeared on behalf of Intervenors Los Angeles Times Communications LLC and California Newspaper Publishers Association. Frank L. Rhemrev appeared on behalf of Defendants of Defendants City ofPasadena, Michael Beck, the Pasadena Police Department, and Beard Melekian. Elizabeth J. Gibbons appeared for Plaintiffs Pasadena Police Officers Association and Officers John Doe and James Roe. Having considered the motions and all supporting and opposing papers, and after hearing argument from counsel, the Court ruled as follows: L, The action is DISMISSED as MOOTandthe present preliminary injunction is DISSOLVED.Plaintiffs’ request that theybe permitted to amend the complaintto assert a cause of] action for declaratory relief is DENIED. The Court’stentative ruling, which the Court adopted as its final ruling, is attached as Exhibit A. DATED: September 28, 2010 DAVIS WRIGHT TREMAINE LLP KELLIL. SAGER ALONZO WICKERSIV JEFF GLASSER By: DK[Keer <~Jett Gasser Attomeys For Intervenors LOS ANGELES TIMES COMMUNICATIONS LLC; CALIFORNIANEWSPAPER PUBLISHERS ASSOCIATION 183 ] DAVIS WRIGHT TREMAINE LLP NOTICE OF RULING LOSANGELES,CALIFORNIA90017-2566 DWT 155529 14y1 0026175-000352 (213) 633-6800 Fax: (243) 633-6809 184 EXHIBIT A j(9/28/2010) Myra R. Kinney - TentRulings00092810.doc Page 1] ” Department33 Tentative Rulings — September 21, 2010 #5. BC410724 — PasadenaPolice Officers Association v. City ofPasadena The action is DISMISSED as MOOTandthepresent preliminary injunction is DISSOLVED.Plaintiffs’ request that they be permitted to amend the complaintto assert a cause of action for declaratory relief is DENIED. “[A]lthough a case may originally present an existing controversy, if before decision it has, through act of the parties or other cause, occurring after the commencement of the action, lost that essential character, it becomes a moot case or question which will not be considered by the court.” Wilson y. Los Angeles County Civil Service Com. (1952) 112 Cal.App.2d 450, 453; Paoli v. California & Hawaiian Sugar Refining Corp. (1956) 140 Cal.App.2d 854, 856; Campbell v. Superior Court (1932) 126 Cal.App.652, 654 (“demandsofactual, practical litigation are too pressing to permit the examination or discussion of academic questions.”). The only cause of action pled in the complaint is for temporary restraining order, preliminary injunction, and permanent injunction. The only relief sought is a permanent injunction enjoining the Pasadena Police Department and the City ofPasadena from releasing to the public the true names of Officers Doe and Roe.It appears from the facts submitted by the parties that the names of Officers Doe and Roe have been disclosed in the wrongful death action currently pending in the United States District Court forthe Central District of California, Mayleisha Barnes, et.al. v. City ofPasadena; Case No. 10- 470-JHN (PJWX)ofthat court (the “Federal Action”). See Intervenors’ Request for Judicial Notice, etc., Exhibits B and C. Plaintiffs have not contested that Officers Doe and Roeare the officers identified in the Federal Action. In that the identity of Officers Doeand Roe have been publicly disclosed, no justicible controversy exists and the caseis moot. Moreover, in that the identities of Officers Doe and Roe have been disclosed, there is no basis for continuing the pending preliminary injunction andit is dissolved. Plaintiffs’ request that they be allowed to amend the complaint to add a cause of action for declaratory relief “aimed at resolving the legal issue in this litigation, towit, whether the Chief ofPolice is precluded form unilaterally releasing to the public and press the names of officers involvedin critical incidents by the provisions of Penal Code sections 832.5, 832.7 and Evidence Code section 1043, et.seq. This amendment essentially seeks an advisory “opinion” on a general issue of law nottied to the facts of a particular incident or dispute. This suffers from the same deficiency as the present complaint in light of the fact that the identities of Officers Doe and Roe have been disclosed in the Federal Action. As reflected in the papers filed by theparties in connection with the motions for summaryjudgment, the referenced statutes require multiple determinations ofparticularlized facts to determine the operation ofthose statutes in a given circumstance. Accordingly, plaintiffs’ request is denied. 185 O o © s s H D W A F P Ww W N Y N O w o N Y W N W D N H W H W D N O K R R e B e R R B R O R e R e e o N W O A B P W O NY O &F Y O O Y O O W S I K D N W B P W H N N F F O D PROOF OF SERVICE BY MAIL Tam employed in the County of Los Angeles, State of California. I am overthe age of 18 and not a party to the within action. My business address is Davis Wright Tremaine LLP, Suite 2400, 865 South Figueroa Street, Los Angeles, California 90017-2566. On September 29, 2010, I served the foregoing document(s) described as: NOTICE OF RULING DISMISSING LAWSUIT AS MOOTbyplacing a true copy of said document(s) enclosed in a sealed envelope(s) for each addressee named below, with the name and address of the person served shown on the envelopeas follows: Richard A. Shinee, Esq. Elizabeth Gibbons, Esq. Green & Shinee, A.P.C. Attorneys at Law 16055 Ventura Blvd., Suite 1000 Encino, CA 91436 Fax: (818) 789-1503 Michele Beal Bagneris, City Attorney Frank L. Rhemrevy,Assistant City Attorney Office of the City Attorney City of Pasadena 100 N. Garfield Ave. Room 210 PO Box 7115 Pasadena, CA 91109-7215 Fax: (626) 744-4190 I placed such envelope(s) with postage thereon fully prepaid for deposit in the United States Mail in accordance with the office practice of Davis Wright Tremaine LLP,for collecting and processing correspondencefor mailing with the United States Postal Service. I am familiar with the office practice of Davis Wright Tremaine LLP,for collecting and processing correspondence for mailing with the United States Postal Service, which practice is that when correspondence is deposited with the Davis Wright Tremaine LLP, personnel responsible for delivering correspondenceto the United States Postal Service, such correspondenceis delivered to the United States Postal Service that same day in the ordinary course of business. Executed on September 29, 2010, at Los Angeles, California. State I declare under penalty of perjury, under the lawsof the State of California, that the foregoing is true and correct. Ci Federal I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct and that I am employedin the office of a memberof the bar of this Court at whose direction the service was made. CAROLINA SOLANO (inibnLane Print Name , Signature 186 DAVIS WRIGHT TREMAINE LLP 864 §. FIGUEROAST, SUITE 2400 PROOF OF SERVICE LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 DWT12735091 vl 0026175-000352 Fax: (213) 633-6899 OFFICE OF THE GOVERNOR Mr. Peter Scheer Executive Director California First Amendment Coalition 534 Fourth Street, Suite B San Rafael, California 94901 Via U.S. Mail and/or handdelivery Mr. Mark Gladstone Sacramento Bureau Chief San Jose Mercury News 1215 K Street, Suite 930 Sacramento, CA 95814 Via U.S. Mail and/or hand delivery Ms. Margaret Talev Mr. Gary Delsohn . The Sacramento Bee 925 L Street, Suite 600 Sacramento, CA 95814 Via U.S. Mail and/or hand delivery Re: Request for Public Records To all: December 22, 2004 Mr. Paul Feist Statehouse Editor San Francisco Chronicle 1121 LStreet, Suite 501 Sacramento, CA 95814 Via US. Mail and/orhand delivery Mr. Stuart Leavenworth Associate Editor, Editorial Pages The Sacramento Bee P.O. Box 15779 Sacramento, CA 95852 Via U.S. Mail and/or hand delivery Wehave received your individually-addressed requests to inspect and copy all public records concerning Governor Schwarzenegger's daily schedule. As we have noted in prior correspondence responding to these letters, the Governoris committed to the full disclosure of these records and has chosen to comply with your requests by generating copies ofhis daily schedules for public inspection. We have attached copies of those documentsto this letter. 187 GOVERNOR ARNOLD SCHWARZENEGGER * SACRAMENTO, CALIFORNIA 95614 * (916) 445-2841 tal All Parties December 22, 2004 Page 2 As youreviewthese records, please take note of the following: 1. Time period. The Governor's activities and meetings often relate to future actions to be taken, the prernature disclosure ofwhich could clearly interfere with the operation ofhis office. For this reason, and because of the need to establish some reasonable cut off pointfor the production ofpast schedules, we have provided you with copies of all available schedules generated from October 21, 2003, through November17, 2004.' Wewill provide access to schedules generated after this date in the mannerdescribed below. 2. Activities and events. The Governor's schedules attached to this letter are created on an electronic database. They showall meetings and scheduled activities involvinghis official state activities, as well as certain non-official public events. Since the daily schedulesare continually subject to amendmentuntil the preceding night, only scheduled activities are reflected in the document; changesin activities during that dayare not reflected in the database. Tn cases where an entry on the schedule lists one or more state staffmembers as attendees io a meeting, we have limited disclosure to the principal staff member or members. This is because the schedules often list secondary staffmembers who may not actually attend a meeting, and thereis little or no public interest in providing information which maynot be accurate. With regard to non-official public events listed on the schedule, we do not showa staff member. Manytimes we do not have this information in a governmentrecord, and the people responsible forstaffing the Governorat these events are not public employees, believes that access to information concerning the conduct of the people's businessis a fundamental and necessary right of every person in California, and that the guarantees described in the Public Records Act ("Act") must be respected and implemented by public agencies in this state. Consistent with the provisions of that statute, we note that specific information in the Governor's schedules may be legitimately withheld from disclosure because it is protected by a specific privilege recognized in the Act or because the public interest in maintaining the confidentiality of the information outweighs the public interest in disclosure. (Gov. Code, $§ 6254, subd. (c); 6254, subd.(kk); 6255.) For these reasons, we have deleted information from the attached schedules that relate to the security of the Governor, including his travel information anditineraries. We have also deleted information in the schedules which display private addresses, telephone numbers, or other personal information concerning the Governor's staff or other members of the public. We note that there may be some information that is not contained in public records for the period following the Governor's election, but before the inauguration. This office does not possess or have knowledge of that information. 188 All Parties December 22, 2004 Page 3 Finally, we have deleted from the schedules all identifying information where the Governoris scheduled to consider a personnel matter, including interviews with applicants for an office ar employment, as there is a strong privacy interest in ensuring candidates may apply for positions in confidence. 4. Ongoing disclosure. Subject to the limitations described above, this office will entertain and process verbal, electronic and written requests for copies of the Governor's future schedules on a case-by-case basis. Parties need not submit these requests pursuant to the Public Records Act. Upon receipt, we will provide requestors with access to a two-week collection of schedules generated 12-14 days prior to the request. Consistent with the requirements of the Public Records Act, requestors mayask our staff to make copies of the documents at a cost of $0.10 per page. Alternatively, they may use an optical scanner onsite or employ a private copy service to perform the reproduction. Staff may supervise that process to insure that the documents are properly handled. In the event you are dissatisfied with our response, or have further questions or concerns, please feel free to contact me at (916) 445-2841. I will be happy to speak with you. Sincerely, iSIGOINS Legal Affairs Secretary 189 UNCLASSIFIED VerbatimTranscript of Combatant Status Review Tribunal Hearingfor ISN 10024 REPORTER: RECORDER: PRESIDENT: RECORDER: RECORDER: PRESIDENT: RECORDER: PRESIDENT: RECORDER: REPORTER: PRESIDENT: OPENING On the record All tise. Remain seated and come to order. Go ahead, Recorder. This Tribunal is being conducted at 1328 March 10, 2007 on board U.S. Naval Base Guantanamo Bay, Cuba. The following personnel are present: Captain [REDACTED], United States Navy, President Lieutenant Colonel [REDACTED], United States Air Force, Member Lieutenant Colonel [REDACTED], United States Marine Corps, Member Lieutenant Colonel [REDACTED], United States Air Force, Personal Representative Language Analysis [REDACTED] Gunnery Sergeant [REDACTED], United States Marine Corps, Reporter Lieutenant Colonel [REDACTED], United States Army, Recorder Captain [REDACTED]is the Judge Advocate memberof the Tribunal. OATH SESSION 1 All Rise. The Recorder will be sworn. Do you, Lieutenant Colonel [REDACTED} solemnly swearthat you will faithfully perform the duties as Recorder assigned in this Tribunal so help you God? Ido. The Reporter will now be sworn, The Recorder will administer the oath. Do you Gunnery Sergeant [DELETED] swearoraffirm that youwill faithfully discharge your duties as Reporter assignedin this Tribunal so help you God? I do. The Translator will be sworn. ISN #10024 Enclosure (3) Page | of 26 UNCLASSIFIED 190 RECORDER: TRANSLATOR: PRESIDENT: RECORDER: RECORDER: PRESIDENT: PRESIDENT: DETAINEE: PRESIDENT; DETAINEE: PRESIDENT: PRESIDENT: PRESIDENT: PRESIDENT: UNCLASSIFIED Do you swear or affirmthat you will faithfully perform the duties of Translator in the case now in hearing so help you God? I do. Wewill take a brief recess now in order in to bring Detainee into the room. Recorder notethe date and time. The time is 1:30 pm hours on 10 March 2007. This Tribunal is in now in recess, [The Tribunal recessed at 1330, 10 March 2007. The members withdrewfrom the hearing room.] CONVENING AUTHORITY All Rise. [The Tribunal reconvened and the members entered the room at 1334, 10 March 2007.] This hearing will cometo order. Please be seated. Before we begin, Khalid Sheikh Muhammad,I understand you speak and understand English. Is that correct? [Detainee nodshis headin affirmative}. Alright. Are you comfortable in continuing in English or would you like everything translated in Arabic? Everything in English but if I have a problem the linguist will help me. We will proceed in English. If you indicate to me that you would like something translated we will go ahead and do that. Alright? This Tribunal is convened by order of the Director, Combatant Status Review Tribunals under the provisions of his Order of 22 Febmary 2007. This Tribunal will determine whether Khalid Sheikh Muhammad meets the criteria to be designated as an enemy combatant against the United States orits coalition partners or otherwise meets the criteria to be designated as an enemy combatant. OATH SESSION 2 The membersofthis Tribunal! shall now be sworn. Allrise. ISN #10024 Enclosure (3) Page 2 of 26 UNCLASSIFIED 191 RECORDER: TRIBUNAL: PRESIDENT: RECORDER: PERSONAL UNCLASSIFIED Do you swearor affirm that you will faithfully perform your duties as a member of this Tribunal; that you will impartially examine and inquire into the matter now before you according to your conscience, and the laws and regulations provided; that you will rake such findings of fact and conclusions as are supported bythe evidence presented; that in determining those facts, you will use your professional knowledge, best judgment, and commonsense; and that you will make such findings as are appropriate according to the best of your understanding of the rules, regulations, and laws governing this proceeding, and guided by your concept ofjustice so help you God? Ido. The Recorder will now administer the oath to the Personal Representative. Do you swearor affirm that you will faithfully perform the duties of Personal Representative in this. Tribunal so help you God? REPRESENTATIVE:I do. PRESIDENT: PRESIDENT: PRESIDENT: PRESIDENT: ‘PRESIDENT: PRESIDENT: PRESIDENT: Please be seated. The Recorder, Reporter, and Translator have previously been sworn. EXPLANATION OF PROCEEDINGS Khalid Sheikh Muhammad, you are hereby advised that the following applies during this hearing: You may be present at all open sessions of the Tribunal. However, if you become disorderly, you will be removed fromthe hearing, and the Tribunal will continue to hear evidence in your absence. You may not be compelled to testify at this Tribunal. However, you maytestify if you wish to do so, Your testimonycan be under cath or unsworn. Youmay have the assistance of a Personal Representative at the hearing. Your assigned Personal Representative is present. You may present evidenceto this Tribunal, including the testimonyof witnesses who are reasonably available and whosetestimonyis relevant to this hearing. You may question witnesses testifying at the Tribunal. ISN #10024 Enclosure (3) Page 3 of 26 UNCLASSIFIED 192 PRESIDENT: PRESIDENT: DETAINEE: PRESIDENT: DETAINEE: PRESIDENT: DETAINEE: PRESIDENT: DETAINEE: PRESIDENT; PERSONAL UNCLASSIFIED You may examine documents or statements offered into evidence other than classified information. However, certain documents may be partially masked for security reasons. Khalid Sheikh Muhammad, do you understand this process? Yes. [f ] have question can I ask you? Yes, you may. About the testimony which I ask about the witnesses. Yes, I’m going to address the witnesses shortly. So,if you will bear with us I will take that up in a few moments. Okay. Do you have any questions concerning the Tribunal process? Okay by me. PRESENTATION OF UNCLASSIFIED INFORMATION Personal Representative, please provide the Tribunal with the Detainee Election Form. REPRESENTATIVE:I am handing the Tribunal the Detainee Election Form, which was previously PRESIDENT: PRESIDENT: RECORDER: marked as Exhibit D-a. Alright, the Tribunal has received Exhibit D-a that indicates the Detainee wants to participate in the Tribunal and wants the assistance of the Personal Representative. RECORDER PRESENTS UNCLASSIFIED Recorder, please provide the Tribunal with the unclassified evidence. {am handing the Tribunal what has previously been marked as Exhibit R-1, the unclassified summaryof the evidence that relates to this Detainee’s status as an enemy combatant. A translated copy of this exhibit was provided to the Personal ISN #10024 Enclosure (3) Page 4 of 26 UNCLASSIFIED 193 UNCLASSIFIED Representative in advanceofthis hearing for presentation to the Detainee. In addition, I am handing to the Tribunal the following unclassified exhibits, marked as Exhibit R-2. Copies of these Exhibits have previously been provided to the Personal Representative. [Documents presented to Tribunal] PRESIDENT: Recorder, please read the unclassified summary of evidence for the record. But before you proceed, Khalid Sheikh Muhammad, let me remind you that you must not comment on this evidenceat this time. You will be provided with an opportunity shortly to provide any comments that you would like. Recorder, please proceed. RECORDER: The following facts support the determination that the Detainee is an enemy combatant: Paragraph a. On the morning of 11 September 2001, fourairliners traveling over the United States were hijacked. Theflights hijacked were: American Airlines Flight 11, United Airlines Flight 175, American Airlines Flight 77, and United Airlines Flight 93. At approximately 8:46 a.m., American Airlines Flight 11 crashed into the North Tower ofthe World Trade Center, resulting in the collapse of the tower at approximately 10:25 a.m. At approximately 9:05 a.m., United Airlines Flight 175 crashed mto the South Towerof the World Trade Center, resulting in the collapse of the tower at approximately 9:55 am. At approximately 9:37 a.m., American Airlines Flight 77 crashed into the southwest side of the Pentagon in Arlington, Virginia. At approximately 10:03 a.m., United Airlines Flight 93 crashed in Stoney Creek Township, Pennsylvania. These crashes and subsequent damage to the World Trade Center and the Pentagonresulted in the deaths of 2,972 persons in New York, Virginia, and Pennsylvania. Paragraph b. The Detainee served as the head oftheal Qaida military committee and was Usama bin Laden’s principal al Qaida operative who directed the 11 September 2001 attacks in the United States. Paragraph c. In an interview with an al Jazeera reporter in June 2002, the Detainee stated he was the head of the al Qaida military committee, Paragraph d. A computer hard drive seized during the capture of the Detainee contained information about the four airplanes hijacked on 11 September 2001 including code names,airline company,flight number, target, pilot name and background information, and namesofthe hijackers. Paragraph e. A computer hard drive seized during the capture of the Detainee contained photographs of 19 individuals identified as the 11 September 2001 hijackers. ISN #10024 Enclosure (3) Pace-5 of 26 UNCLASSIFIED 194 UNCLASSIFIED Paragraph f. A computer hard drive seized during the capture of the Detainee contained a document thatlisted the pilot license fees for Mohammad Atta and biographies for some of the 11 September 2001 hijackers. Paragraph g. A computer hard drive seized during the capture of the Detainee contained images of passports and an image of MohammadAtta. Paragraph h. A computer hard drive seized during the capture of the Detainee containedtranscripts of chat sessions belongingto at least one of the 11 September 2001 hijackers. Paragraph i. The Detainee directed an individualto travel to the United States to case targets for a second wave ofattacks. Paragraph j. A computer hard drive seized during the capture of the Detainee containedthreeletters from Usama bin Laden. Paragraph k. A computer hard drive seized during the capture of the Detainee contained spreadsheets that describe moneyassistance to families of known al Qaida members. Paragraph |. The Detainee’s name was ona list in a computer seized in connection with a threatto United States airlines, United States embassies and the Pope. Paragraph m. The Detainee wrote the bojinka plot, the airline bomb plot which was later found on his nephew Ramzi Yousef’s computer. Paragraph n. The dajinka plotis also knownas the Manila air investigation. Paragraph o. The Manila air investigation uncovered the Detainee conspired with others to plant explosive devices aboard American jetliners while those aircraft were scheduled to be airborne and loaded with passengers on their way to the United States. Paragraph p. The Detainee was in charge of and fundedan attack against United States military vessels headingto the port of Djibouti. Paragraph q. A computer hard driveseized during the capture of the Detainee contained a letter to the United Arab Emirates threatening attack if their government continued to help the United States. Paragraph r. During the capture of the Detainee, information used exclusively by al Qaida operational managers to communicate with operatives was found. Paragraphs. The Detainee received funds from Kuwaiti-based Islamic extremist groups and delivered the funds to al Qaida members. (SN #10024 Enclosure (3) Page 6 of 26 UNCLASSIFIED 195 UNCLASSIFIED Paragraph t. A computer hard drive seized during the capture of the Detainee contained a document that summarized operational procedures and training requirements of an al Qaida cell. Paragraph u. A computer hard drive seized during the captureof the Detainee contained list of killed and wounded al Qaida martyrs. Andlastly, Paragraph v. Passport photographs of al Qaida operatives were seized during the capture of the Detainee. RECORDER: Sir, this concludes the summary ofunclassified evidence. PRESIDENT: Verywell. PRESIDENT: Personal Representative, does the Detainee have any evidenceto presentto this Tribunal? PERSONAL REPRESENTATIVE:Yes, sir. | am handingto the Tribunal the following unclassified exhibits marked as Exhibits D-b through D-d. Copies of these exhibits have been previously provided to the Recorder. [Documents presented to Tribunal] PRESIDENT: Exhibit D-b appears to be a statement that the Detainee has provided. PERSONAL REPRESENTATIVE:Yes, Sir. PRESIDENT: Adright. And Exhibit D-c contains hand written notes that appear to be Arabic and English as well as the typed version of that. Is that correct? PERSONAL REPRESENTATIVE:Yes, Sir. PRESIDENT: Alright. And D-d is a written statement regarding alleged abuse or treatment that the Detainee received. PERSONAL REPRESENTATIVE: Yes, Sir. PRESIDENT: Alright. We will go into those shortly. ISN #10024 Enclosure (3) Page 7 of 26 UNCLASSIFIED 196 PRESIDENT: DETAINEE: PRESIDENT: RECORDER: PRESIDENT: RECORDER: PRESIDENT: RECORDER: RECORDER: PRESIDENT: PRESIDENT; RECORDER: PRESIDENT: PRESIDENT: PERSONAL UNCLASSIFIED Khalid Sheikh Muhammad, you may now makeanoral statementto the Tribunal, and youhavethe assistance of your Personal Representative in doing so. Do you wish to make an oral statementto this Tribunal? He will start, the Personal Representative; PRwill read then later I will comment. Very well, you may proceed. Sir, would you hold one moment? Yes. Ah, before the Detainee makes a statement, ah, I'd like to ah. Question of the oath? Ah, no sir. Concerning classified evidence. Verywell. Do you have any further evidence to present at this time, Recorder? Mr. President, I have no further unclassified evidence for the Tribunal but I respectfully request a closed Tribunal session at an appropriatetime to present classified evidence relevant to this Detainee’s status as an enemy combatant. Very well, your request for a closed session is granted and will be taken up in due course. You may proceed, PR. REPRESENTATIVE; The Detainee respondsto the unclassified summary of evidence with the PERSONAL following key points. REPRESENTATIVE: “Some paragraphs under paragraph number3, lead sentence are not related to the context or meaning of the aforementioned lead sentence. For example, paragraph 3-a is only information from newsor historical account of events on 11 September 2001, and note with no specific linkage being made in this ISN #10024 Enclosure (3) Page 8 of 26 UNCLASSIFIED 197 UNCLASSIFIED paragraph to meor the definition ofEnemy Combatant. As another example, sub-paragraph 3-n makesno linkage to meor to the definition of Enemy Combatant.” DETAINEE: Are they following along? PERSONAL REPRESENTATIVE: Ah, theythey have that in front of them for reference. PRESIDENT: Yes. DETAINEE: Okay. PERSONAL REPRESENTATIVE: Second mainpoint; “Thereare two false statements in the Summaryof Evidence. Sub-paragraph 3-c is false. ] never stated to the Al Jazeera reporter that I was the head of the al Qaida military committee. Also, sub-paragraph 3-s is false. } did not receive anyfunds from Kuwait.” PERSONAL REPRESENTATIVE: Point number 3. “There is anunfair ‘stacking of evidence’ in the way the Summary of Evidencets structured. In other words, there are several sub- paragraphs under parent-paragraph 3 which should be combined into one sub- paragraph to avoid creating the false perception that there are more allegations or statements against me specifically than there actually are. For example, sub- patagraphs 3-m through 3-0, which pertain to the bojinka plot should be combined into one paragraph, as should paragraphs 3-a through 3-h, which pertain to 9/11.” , PERSONAL REPRESENTATIVE: Lastly, my name is misspelled in the Summary of Evidence. It should be S-h- a-i-k-h or S-h-e-i-k-h, but not S-h-a-y-k-h, as it is in the subject line. PRESIDENT; Would you like to add anything to that, Khalid Sheikh Muhammad? PERSONAL REPRESENTATIVE: Final statement. DETAINEE: No,I just want to ask about witnesses. PRESIDENT: Okay, ah, let’s finish with these then | will get to the witnesses. ISN #10024 Enclosure (3) Page 9 of 26 UNCLASSIFIED 198 DETAINEE: PRESIDENT: PRESIDENT: PERSONAL UNCLASSIFIED Okay, Try to keep it in order. You want to continue, PR? Do you have have another statement? REPRESENTATIVE: That concludes this Detainee’s responseto the, ah, unclassified summary of PRESIDENT: PRESIDENT: PRESIDENT: RECORDER: PRESIDENT: PRESIDENT; PRESIDENT: PRESIDENT: PRESIDENT: evidence,sir. Oh. CALLING OF WITNESSES Wewill nowallowforthe calling of witnesses. All witnesses called before this Tribunal may be questioned by the Detaineeif present, the Personal Representative, the Recorder, andtheTribunal Members. Does the Recorder have any witnesses to present? No, sit. Alright. Fromthe Detainee Election Form and I was informedearlier that the Detainee requested the presence of two witnessesto testify here today, Ramzi bin al-Shibh and Mustafa Hawsawi. The Detainee believes the witnesses can provide testimony related to the Detainee’s actions specified inthe unclassified summary of the evidence. { have had the opportunity to reviewthe request for witnesses and I have made some findings and I’m going to place them on the record now and when I conclude that, Khalid Sheikh Muhammad, you may respondto thatif you’d like. First the request for Ramzi bin al-Shib, the proffer ofthe testimony from the Detainee was that Ramzi is alleged to have been present during the al Jazeera interviewin June 2002 during whichit is said the Detainee claimed to be head of al Qaida Military Committee. The Detainee claims he never stated that, to be the head ofthe Military Committee, during the interviewand states that Ramzi, if called, can confirm this. This witness is not relevant in the President’s viewfor the following reasons. In the totality of the circumstances and given the nature and quality of the other unclassified evidence, the Detaince’s alleged statements as reported in a! Jazeera ISN #10024 Enclosure (3) Page 10 of 26 UNCLASSIFIED 199 PRESIDENT: PRESIDENT: PRESIDENT: DETAINEE: TRANSLATOR: DETAINEE: TRANSLATOR: UNCLASSIFIED are of Jimited value and negligible relevancy to the issue of combatant status, As such, any corroboration or contradiction by the proffered witness is not relevant. The creditability determinations with regard to R-2, which is the al Jazeera article, can be made by the Tribunal without the proffered testimony. As such, the Detainee’s request for the productionof that witness is denied. As to the request for Mustafa Hawsawi,ah,it is proffered that Hawsawi,if called, could testify that the computer/hard drive referencedin the unclassified summary wasnot this Detainee’s property and that the place of the Detainee’s capture was not the house of the Detainee. In the President’s viewthis testimonyis not relevant to the issues regarding the Detainee’s capture or his combatant status for the following reasons. Whether the Detainee hadactual legaltitle or ownership of the computer/hard drive or the housé where the capture took place is irrelevant to the determination of the Detainee’s status as an enemy combatant. Based ontheproffer,if true, Hawsawi’s testimony will not provide relevant information. The issue of ownership, while of someinterest, is not relevant to status. What is relevant is possession, usage, connection and presence. Hawsawi’s testimonywill not speak to any relevant informationin regard to such points. As such, the request for the production of that witness is denied. If you would like to respondto that, I’ll hear you. Mostof these facts which be written are related to this hard drive. And more than eleven of these facts are related to this computer. Other things are whichis very old even nobodycan bring any witnesses for that as you written here if‘it will be ah a value for you for the witness near by you will do it. This computeris not for me. Is for Hawsawi himself. So I’m saying I need Hawsawi because me and him we both been arrested day. Same way. So this computeris from himlongtime. And also the problem we are not in court and we are not judge and heis not my lawyerbut the procedure has been written reported and the way has mostlyas certain charged against me;tell him, [Arabic Phrase]. [Translating] They are only accusations. So accusations. And the accusations, they are as you put for yourself ah definition for enemy combatant there are also manydefinitions for that accusation offact or charges that has been written for any ah. [Arabic Phrase] [Translating] Person is accused. ISN #10024 Enclosure (3) Page 11 of 26 UNCLASSIFIED 200 DETAINEE: PRESIDENT: PRESIDENT: RECORDER: PRESIDENT: MEMBER: UNCLASSIFIED So,if I been accused then if you want to put facts against mealso the definition for these facts. If you now read number N nowwhatis written the bojinkaplot. Is known many lead investigation it is not related to anything facts to be against me. So whenI said computer hard drive/ hard disk, same thing. All these point only one witness he can say yes or not cause he is this computer is under his possession him computer. And also specifically if he said Mohammad Atta picture been this hard drive. I don’t think this should accepted. There are many 100 thousand Americans who havea lot of picture on their computer. You cannot say | find Muhammad Atta on your computer then youuse this fact against you. Oryou find anyfiles in your computer to be what about it’s mine, it’s not my computer. If this witness, he will state that this known and here that has been ninety percent of whatis written is wrong. And for Ramzi, for reporter in Jazeera, he claimed that| state this one and you know the media man. How they are fashionable. What they meanin their own wayin a whole different way. They just wrote it so he say I state. But I never stated and I don’t have any witnesses and witness are available here at Guantanamo. He is Detainee. He was with me. Which he been mostly in all my interview with him. Me and them, there was three person, me and Ramzi andthis reporter. So if you not believe me, not believe him, believe my witness Ramzi. Then he’s whathe state the reporter most is false. I not denying that I’m not an enemy combatant about this war but I’mdenying the report. It not being written in the proper way. Whichisreally facts and mostly just being gathered many information. General information that form in way of doing, to use in facts against me. I have heard and understood your argument. In order for me to make my determinations regarding the production of witnesses | first have to believe that they are relevant for the reasons that I have stated. For the reasonsI have stated, I do not believe they are relevant. Whether or not they maybe available here on Guantanamo,is a second decision to be made, but only if I decide theyare relevant. [have heard your arguments. I noted them. However, my ruling stands. The Recorder has no witnesses, is that my understanding? No,sir. Andthere are no other approved witnesses to taken up. Ah, we will take a brief moment to review the unclassified evidence that we received so far and then we will pick back up in the proceeding. If I might ask a question real quick of the PR. This is the entire translation of the hand written notes? ISN #10024 Enclosure (3) Page 12 of 26 UNCLASSIFIED 201 UNCLASSIFIED PERSONAL REPRESENTATIVE: Yeah. The hand written notes are the Detainee is on yellow. MEMBER: Yes. PERSONAL REPRESENTATIVE:and, then the next set of notes, hand written notes, are the Linguist’s translation and then the final hard copy printed that’s, ah,that... MEMBER: Type written. PERSONAL REPRESENTATIVE: Typed from Linguist’s notes. MEMBER: Type fromLinguist’s translations. Okay. PRESIDENT: Khalid Sheikh Muhammad,I did not offer you an oath early because I was informed by the Personal Representative that you would be making some statementlater on in these proceedingsrelevantto the truthfulness of your comments. So, if you would like to take an oath | would administer one to you but I did understandthat you going to make a statement. DETAINEE: In the final statement, I will expiain why then. PRESIDENT: Alright. Thank you. [Tribunal pauses to review D-a thru D-d] MEMBER: Seen those. TRANSLATOR:_ Sir, PRESIDENT: Yes. TRANSLATOR: He wanted meto translate a Koranicverse on the spot. PRESIDENT: I will permitit. TRANSLATOR: Thank you. TRANSLATOR: Can [ask him for clarification? PRESIDENT: Yes, PRESIDENT: Do you need a few more moments, Translator? ISN #10024 Enclosure (3) Page 13 of 26 UNCLASSIFIED 202 TRANSLATOR: PRESIDENT: TRANSLATOR: PRESIDENT: TRANSLATOR: PRESIDENT: PRESIDENT: PRESIDENT: DETAINEE: PRESIDENT: PRESIDENT: DETAINEE: PRESIDENT: DETAINEE: PRESIDENT: TRANSLATOR: UNCLASSIFIED Yes, sir, about thirty seconds. Go ahead and take yourtime. Would you meto read the English translation after he read Arabic verse or would like him to read it. You want to save that for later? [Nods head] Alright. Let me take up a few things that have come up as based on my reviewofthese documents that have been provided to us so far. D-d, appearsto be a written statement regarding certain treatment that you claim to have received at the hands of agents of the United Stated government as you indicated from the time of your capture in 2003 up until before coming here to Guantanamo in September 2006. Is that correct? Yes. Alright. Now,I haven’t seen any statements inthe evidence we receive so far that claimto come from youother than acknowledging whether you were or not the head of the Military Committee. Were any statements that you madeas theresult ofariy of the treatment that you received during that time frame from 2003 to 2006? Did you make those statements because ofthe treatment youreceive from these people? Statement for whom? To any ofthese interrogators. CIA peoples. Yes. At the beginning whenthey transferred me [REDACTED]. What I’m trying to get at is any statement that you made wasit because ofthis treatment, to use your word, you claim torture. Do you make any statements because of that? Sir, for clarification. ISN #10024 Enclosure (3) Page 14 of 26 UNCLASSIFIED 203 PRESIDENT: TRANSLATOR: PRESIDENT; TRANSLATOR: DETAINEE; PRESIDENT: PRESIDENT: DETAINEE: PRESIDENT: DETAINEE: PRESIDENT DETAINEE: PRESIDENT: DETAINEE: UNCLASSIFIED Can you translate it? I will translate in Arabic. Yes. [Translating above] tah cannot remember now [REDACTED]I'm senior man. Many people they knowme which I don’t them. I ask him even if he knew George Bush. Hesaid, yes Tdo. He don’t know youthat not means its false. [REDACTED]. I said yes or not. This I said. Alright, T understand. Is there anything you would like to correct, amend, modifyor explain to us from what you said back then? { wantto just it is not related enemy combatant but I’m saying for you to be careful with people. That you have classified and unclassified facts. My opinion to be fair with people. Because when I say, I will not regret when ] say I’m enemy combatant. I did or not I know there are other but there are many Detainees which you receive classified against them maybe, maybe not take away from me for many Detainees false witnesses. This only advice. So you are aware that other... Yes, People made false statementas aresult of this? I did also. Uh huh, 1 told him, I know himyes. There are and they are. Not even you show me. This I dan’t know him I never met him at all. So, unclassified which is both classified and unclassified so this is you know him you don’t knowhim. Youhave to be fair with people. There are many many people which they have never been part of the Taliban. Afghanistan there have been many people arrested for example people who have beenarrested after October 2001 after make attack against Afghanistan many of themjust arrive after they don’t what has happen. When Russian came to Afghanistanthey felt they went back but they did anything with Talibanand al Qaida then cameafter that. 1 don’t know whyit was younger ISN #10024 Enclosure (3) Page 15 of 26 UNCLASSIFIED 204 PRESIDENT: PRESIDENT: DETAINEE: PRESIDENT: PRESIDENT: DETAINEE: PRESIDENT: DETAINEE: PRESIDENT: DETAINEE: PRESIDENT: PRESIDENT: DETAINEE: PRESIDENT: PRESIDENT: PRESIDENT: UNCLASSIFIED people same thing for Afghanis people they show Afghanis people. | will give example one. His name is Sayed Habib. This I remember. [REDACTED] Alright, Now what. For me nothing which was recorded. For whichis written here is not related 1 understand. I do note that in one of the exhibits youindicate you are not under any pressure or duress today. Is that correct? That is about I’m hearing today. Yes. So anything. Some ofthis information, I not state it to them. The information that you are telling us today, so we are clear. You do not believe you are under any pressure or threat or duress to speak to us today, is that correct? Yes, that’s correct. Alright. Nowwhat you have told us about your previous treatmentis on the record of these proceeding now and will be reportedfor any investigation that may be appropriate. Also, we will consider what you have told us in making our determination regarding your enemy combatantstatus. [ hope you will take care of other Detainees with what I said.It’s up to you. I will do as I’ve said. [ll see to it thatit is reported. Alright. At this point, we are going to go into the final statement but I do want to give the opportunity to the Recorder, PR, and Tribunal memberto ask questionsif they would like. So, what will do is proceed then to the Detainee’s final statement andthen Pll have a question and answersession following that. Alright just give me a moment. Alright. ISN #10024 Enclosure (3) Page 16 of 26 UNCLASSIFIED 205 UNCLASSIFIED PRESIDENT: Khalid Sheikh Muhammad,this concludes the presentation of unclassified information to the Tribunal. We are about to conclude the unclassified portion of the hearing. Do you wish to now makeanyfinal statement to the Tribunal? You have the assistance of your PR. DETAINEE: { make a two part. Maybe he will read then | will go also. PRESIDENT: Very well. You may continue. PERSONAL REPRESENTATIVE: Mr. President, the Detainee has asked me to read his final statement to the - Tribunal with the understanding he mayinterject or add statements if he needsto, to correct what I say. According to the Detainee: “Il hereby admit and affirm without duress to the following: — U swore Bay’aat(i.¢., allegiance) to Sheikh Usama Bin Laden to conduct Jihad of self and money, and also Hijrah(i.e., expatriation to anylocation in the world where Jihad is required). Twas a member of the Al Qaida Council. I was the Media Operations Director for Al-Sahab, or ‘The Clouds,” under Dr. Ayman Al- Zawahiri. Al-Sahab is the media outlet that provided Al-Qaida-sponsored information to Al Jazeera. Four.” DETAINEE: [speaking inaudibly to Personal Representative] w d b o PRESIDENT: Please tell. PERSONAL REPRESENTATIVE: In other channels or other media outlets, PRESIDENT: Thank you. PERSONAL REPRESENTATIVE: [continuing] “4. I was the Operational Director for Sheikh UsamaBin Laden for the organizing, planning, follow-up, and execution of the 9/11 Operation underthe Military Commander, Sheikh Abu Hafs Al-Masri Subhi Abu Sittah. 5. I was the Military Operational Commanderfor all foreign operations around the world under the direction of Sheikh Usama Bin Laden and Dr. Ayman Al-Zawahiri. 6. I was directly in charge, after the death of Sheikh Abu Hafs Al-Masri Subhi AbuSittah, of managing and following up on the Cell for the Production of Biological Weapons, such as anthrax and others, and following up on Dirty Bomb Operations on Americansoil. 7. Ywas Emir (i.e., commander) of Beit Al Shuhada(i.e., the Martyrs’ House) in the state of Kandahar, Afghanistan, which housed the 9/11 hijackers. There I was responsible for their ISN #10024 Enclosure (3) Page 17 of 26 UNC fd y GoIFIEDfeatt 206 UNCLASSIFIED training and readiness for the execution of the 9/11 Operation. Also, I hereby admit and affirm without duress that ] was a responsible participant, principal planner, trainer, financier (via the Military Council Treasury), executor, and/or a personalparticipantin the following: W R w e 10. 11. 12. 1 was responsible for the 1993 World Trade Center Operation. 1 was responsible for the 9/11 Operation, from Ato Z. I decapitated with my blessed right hand the head of the American Jew, Daniel Pearl, in the city of Karachi, Pakistan. For those who wouldlike to confirm, there are pictures of me on the Internet holding his head. 1 was responsible for the Shoe Bomber Operation to down two American airplanes. 1 was responsible for the Filka Island Operation in Kuwait that killed two American soldiers. 1 was responsible for the bombing ofa nightclub in Bali, Indonesia, which was frequentedby British and Australian nationals. ] was responsible for planning, training, surveying, and financing the New (or Second) Waveattacks against the following skyscrapers after 9/11: a. Library Tower, California. b. Sears Tower, Chicago, c. Plaza Bank, Washingtonstate. d. The Empire State Building, New York City. I was responsible for planning, financing, & follow-up of Operations to destroy American military vessels and oil tankers in the Straights of Hormuz, the Strai gehts of Gibralter, and the Port of Singapore. I was responsible for planning, training, surveying, and financing for the Operation to bomb and destroy the Panama Canal. I was responsiblefor surveying and financing for the assassination of several former AmericanPresidents, including President Carter. I was responsible for surveying, planning, and financing for the bombingof suspension bridges in New York. 1 was responsible for planning to destroy the Sears Tower by burning a few fuel oroil tankertrucks beneath it or around it. . | was responsible for planning, surveying, and financing for the operation to destroy Heathrow Airport, the Canary Wharf Building, and Big Ben onBritish soil. . | was responsible for planning, surveying, and financing for the destruction of many night clubs frequented by American and British citizens on Thailand soil. .| was responsible for surveying and financing for the destruction of the New York Stock Exchange and otherfinancial targets after 9/11. . | was responsible for planning, financing, and surveying for the destruction of buildings in the Israeli city of Elat by using airplanes leaving from Saudi Arabia. . L was responsible for planning, surveying, and financing for the destruction of American embassies in Indonesia, Australia, and Japan. ISN #410024 Enclosure G) Page 18 of 26 UNCLASSIFIED 207 18. 19. 25. 26. 27. 28, 29. DETAINEE: PERSONAL UNCLASSIFIED I was responsible for surveying and financing for the destruction of the Israeli embassy in India, Azerbaijan, the Philippines, and Australia. I was responsible for surveying and financing for the destruction of an Israeli ‘E]-AL’ Airlines flight on Thailand soil departing from Bangkok Airport. . | was responsible for sending several Mujahadeeninto Israel to conduct surveillance to hit several strategic targets deep in Israel. . | was responsible for the bombingof the hotel in Mombasathat is frequented by Jewish travelers via EJ-Al airlines. . | was responsible for launching a Russian-made SA-7 surface-to-air missile on El-Al or other Jewishairliner departing from Mombasa. . | was responsible for planning and surveying to hit American targets in South Korea, such as American milttary bases and a fewnight clubs frequented by American soldiers. . I was responsible for financial, excuse me, I was responsible for providing financial support to hit American, Jewish, and British targets in Turkey. I was responsible for surveillance needed to hit nuclear powerplants that generate electricity in several U.S. states. 1 was responsible for planning, surveying, andfinancing to hit NATO Headquarters in Europe. I was responsible for the planning and surveying needed to execute the Bojinka Operation, which was designed to down twelve American airplanes full of passengers. I personally monitored a round-trip, Manila-to-Seoul, Pan Am flight. I was responsiblefor the assassination attempt against President Clinton duringhis visit to the Philippines in 1994 or 1995. I was responsible for the assassination attempt against Pope John Paul the secondwhile he wasvisiting the Philippines.” I was not responsible, but share. REPRESENTATIVE:I shared responsibility. | will restate number twentynine. 29, 30. 31, “T shared responsibility for the assassination attempt against Pope John Paul the second while he was visiting the Philippines. I was responsible for the training and financing for the assassination of Pakistan’s President Musharaf. I wasresponsible for the attempt to destroy an American oil company ownedbythe Jewish former Secretary of State, Henry Kissinger, on the Island of Sumatra, Indonesia.” ISN #10024 Enclosure (3) Page 19 of 26 UNCLASSIFIED 208 PERSONAL UNCLASSIFIED REPRESENTATIVE:Sir, that concludes the written portion of the Detainee’s final statement and as PRESIDENT: DETAINEE: PERSONAL he has alluded to earlier he has some additional comments he would like to make. Alright. Before you proceed, Khalid Sheikh Muhammad, the statement that was just read by the Personal Representative, were those your words? BEGIN DETAINEE ORAL STATEMENT Yes. And 1 want to add someofthis one just for some verification. It like some operations before I join al Qaida. Before I remember al Qaida whichis related to Bojinka Operation t went to destination involve to us in 94, 95. Some Operations which means out of al Qaida. It’s like beheading Daniel Pearl. It’s not related to al Qaida. It was shared in Pakistani. Other group, Mujahadeen. The story of Daniel Pearl, because he stated for the Pakistanis, group that he was workingwith the both. His mission was in Pakistan to track about Richard Reedtrip to Israel. Richard Reed, do you have trip? You send-it Israel to make set for targets in Israel. His mission in Pakistan from Israeli intelligence, Mosad, to make interview to ask about when he was there. Also, he mention to them he was both. He haverelation with CIA people and were the Mosad. But he wasnotrelated to al Qaida at all orUBL. It is related to the Pakistan Mujahadeen group. Other operations mostly are some word ]’m not accurate in saying. I’m responsible but if you read the heading history. The line there [Indicating to Personal Representative a place or Exhibit D-c]. REPRESENTATIVE:[Reading]“Also, hereby admit and affirm without duress that I was a DETAINEE: PRESIDENT: DETAINEE: PRESIDENT: DETAINEE: PRESIDENT: DETAINEE: responsible participant, principle planner,trainer, financier.” For this is not necessaryas I responsible, responsible. But with in these things responsible participant in finances. { understand. I want to be clear, though, is you that were the author ofthat document. That’s right. That it is true? That’s true. Alright. You maycontinue with your statement. Okay. I start in Arabic. ISN #10024 Eoclosure (3) Page 20 of 26 UNCLASSIFIED 209 PRESIDENT: DETAINEE (throughtranslator): DETAINEE: PRESIDENT: DETAINEE: PRESIDENT: DETAINEE: DETAINEE: UNCLASSIFIED Please. In the name of God the most compassionate, the most merciful, andif any fail to retaliation by way of charity and. | apologize. I will start again. And if any fail to judge by the light of Allah has revealed, they are no better than wrong doers, unbelievers, and the unjust. For this verse, | not take the oath, Take an oath is a part of your Tribunal and I'll not accept it. To be or accept the Tribunal as to be, I'll accept it. That ’'m accepting American constitution, American law or whatever you are doing here. This is whyreligiously I cannot accept anything you do. Justto explainfor this one, does not mean I’m not saying that I’m lying. When I not take oath does not mean I’m lying. You knowvery well peoples take oathandtheywill lie. You knowthe President he did this before he just makes his oath and he lied. So sometimes whenI’m not making oath does not mean I’m lying. T understand. Second thing. When I wrote this thing, I mean, the PR he told me that President may stop you at anytime and he don’t like big mouth nor youto talk too much. To be within subject. So, I will try to be within the enemy combatant subject You can say whatever you'dlike to say so long as it’s relevant to what we are discussing here today. Okay, thanks. What I wrote here, is not I’m making myself hero, when I said ] was responsible for this or that. But your are militaryman. You knowvery well there are language for any war. So, there are, we are when I admitting these things I’mnot saying I’m notdid it. I did it but this the language of any war. If America they want to invade Iraq they will not send for Saddam roses or kisses they send for a bombardment. This is the best way if I want. If I’m fighting for anybody admit to them [’m American enemies. For sure, ’'m American enemies. Usamabin Laden, he did his best press conference in American media. Mr. John Miller he been there when he made declaration against Jihad, against America. And he said it is not no need for me nowto make explanation of what he said but mostly he said about American military presence in Arabian peninsula and aiding Israel and many things. So when we made any war against America weare jackals fighting in the nights. I consider myself, for what you are doing, a religious thing as you ISN #10024 Enclosure (3) Page 21 of 26 UNCLASSIFIED 210 UNCLASSIFIED consider us fundamentalist. So, we derive from religious leading that we consider we and George Washington doing same thing. As consider George Washington as hero. Muslims many of them are considering Usama bin Laden. Heis doing same thing. Heis just fighting. He needs his independence. Evenwethink that, or not me only. Many Muslims,that al Qaida or Taliban they are doing, They have been oppressed by America. This is the feeling of the prophet. So when we say we are enemycombatant, that right. We are. But I’m asking you againto be fair with many Detainees whichare not enemy combatant. Because many of them have been unjustly arrested. Many, not one or two or three. Cause the definition you which wrote even from my viewit is not fair. Because if I was in the first Jihad times Russia. So f have to be Russian enemy. But America _ supported me in this because I’mtheir alliances when I wasfighting Russia. Same job I’m doing. I’m fighting. I wasfighting there Russia nowI’m fighting America. So, many people who been in Afghanistan neverlive. Afghanistanstay in but they not share Taliban or al Qaida. They been Russiantime andthey cannot go back to their home with their corrupted government. They stayed there andwhen America invaded Afghanistan parliament. They had been arrest. They never have been with Taliban or the others. So many people consider them as enemy but theyare not. Becausedefinitions are very wide definition so people they came after October of 2002, 2001. When America invaded Afghanistan, they just arrive in Afghanistan cause the hear there enemy, They don’t knowwhatit means al Qaida or Usama bin Laden or Taliban. They don’t care about these things. They heard they were enemy in Afghanistan they just arrived. As they heard first time Russian invade Afghanistan. They arrive they fought when back than they came. They don’t know what’s going on and Talibanthey been head of government. You consider me even Taliban even the president of whole government. Many people they join Taltban because they are the government. WhenKarzai they came they join Karzai when cometheyjjoin whatever public they don’t know whatis going on. So, many Taliban fight eventhe be fighters because they just because public. The governmentis Taliban then until now CIA don’t have exactly definition well who is Taliban, who is al Qaida. Your Tribunal now are discussing he is enemy or not and that is one of your jobs. So this is why you find many Afghanis people, Pakistanis people even, they don’t know what going on they just hear they are fighting and they help Muslimin Afghanistan, Then what. There are some infidels which they came here and they have to help them. But then there weren’t any intend to do anything against America. Taliban themselves between Taliban they said Afghanistan which they never again against 9/11 operation. The rejection between senior of Taliban of what al Qaida are doing. Manyof Taliban rejected what they are doing. Even many Taliban, they not agree about why we are in Afghanistan. Someof them they have been with us. Taliban neverin their life at all before America invade them the intend to do anything against America. They never been with al Qaida. Does not mean weare ISN #10024 Enclosure (3) Page 22 of 26 UNCLASSIFIED 211 UNCLASSIFIED here as American now. Theygavepolitical asylum for many countries. They gave for Chinese oppositions or a North Koreanbut that does not mean they are with them same thing many of Taliban. They harbor us as al Qaida does not mean weare together. So, this is why I’masking you to be fair with Afghanis and Pakistanis and many Arabs which been in Afghanistan. Many of them been unjustly. The funny story they been Sunni governmentthey sent some spies to assassinate UBL thenwearrested them sent them to Afghanistan/Taliban. Taliban put them into prison. Americans they came andarrest themas enemy combatant. They brought themhere, So, evenif they are my enemy but not fair to be there with me. This is what I’msaying. The way of the war, you know, very well, any country waging war againsttheir enemythe languageofthe war are killing. Ifman and womanthey be together as a marriagethat is up to the kids, children. But if you and me, two nations, will be togetherin warthe others are victims. Thisis the way of the language. You know40million people were killed inWorld War One.. Ten million kill in World War..-You knowthat two million four hundred thousand be killed in the Korean War. So this language of the war. Any people who, when Usama bin Laden say I’m waging war because such such reason, now he declared it. But when yousaid I’m terrorist, I think it is deceiving peoples. Terrorists, enemy combatant. All these definitions as CIA you can make whatever you want. Now, you told me when I ask about the witnesses, I’m not convincedthat this relatedto the matter. It is up to you. Maybe I’mconvinced but your are head and he [gesturing to Personal Representative] is not responsible, the other, because your are head ofthe committee. So,finallyit’s your war but the problem is no definitions of many words, It would be widely definite that many people be oppressed. Because war, for sure, there will be victims. When ] said I’mnot happy that three thousand been killed in America. I feel sorry even. I don’t liketo kill children and the kids. NeverIslam are, give megreenlight to kill peoples. Killing, as in the Christianity, Jews, and Islam, are prohibited. But there are exception ofrule when you are killing people in Iraq. You said we have to do it. We don’t like Saddam. Butthis is the way to deal with Saddam. Samething you are saying. Same language you use, I use. When youare invading two- thirds of Mexican, you call your war manifest destiny. It up to you to call it what you want. But otherside are calling you oppressors. If now George Washington. If now we wereliving in the Revolutionary War and George Washington he beingarrested through Britain. For sure he, they would consider him enemy combatant. But American they consider him as hero. This right the any Revolutionary War they will be as George Washington or Britain. So we are considered American Army bases which we have from seventies in Iraq. Also, in the Saudi Arabian, Kuwait, Qatar, and Bahrain. This is kind of invasion,but I’m not here to convince you. Is not or not but mostly speech is ask you to be fair with people. I’m don’t have anything to say that 'm not enemy. This is why the language of any warin the ISN #10024 Enclosure (3) Page 23 of 26 UNCLASSIFIED 212 DETAINEE (through translator): DETAINEE: UNCLASSIFIED world is killing. | mean the language of the war is victims. I don’t like to kill people. I feel very sorry they been killed kids in 9/11. What I will do? This is the language. Sometime I want to make great awakening between American to stop foreign policy in our land. [know American people are torturing us from seventies. [REDACTED] | know they talking about human rights. And 1 know it is against American Constitution, against American laws. But theysaid every law, they have exceptions, this is your bad luck youbeen part of the exception of our laws. Fhey got have something to convince me but we are doing same language. But we are saying we have Sharia law, but we have Koran. Whatis enemy combatant in my language? Allah forbids you not with regards to those who fight you not for your faith nor drive you out of your homes from dealing kindly and justly with them. For Allah love those who are.just. There is one more sentence. Allah only forbids you with regards to those whofight you for yourfaith and drive youout of your homes and support others in driving you out from turning to them for friendship and protection. It is such as turn to thern in these circumstances that do wrong. So weare driving from whatever deed we do we ask about Koran or Hadith. We are not making up for us laws. When we need Fatwa from the religious we have to go back to see whatthey said scholar. To see what they said yes or not. Killing is prohibited in all what you call the people of the book, Jews, Judaism, Christianity, and Islam. You know the Ten Commandments very well. The Ten Commandments are shared between all of us. Weall are serving one God. Then nowkill you knowit very well. But war language also we have language for the war. You have to kill. But you haveto care if unintentionallyor intentionally target if 1 have if I’m not at the Pentagon.I considerit is okay. If I target now when we target in USA we choose them military target, economical, and political. So, war central victims mostly meanseconomical target. So if now American they know UBL. Heis in this house they don’t care about his kids and his. They will just bombard it. They will kill all of them and they did it. They kill wife of Dr. Ayman Zawahiri and his two daughters and his son in one bombardment. They receive a report that is his house be. He had not been there. They killed them. They arrested my kids intentionally. They are kids. They been arrested for four months they had been abused. So, for me I have patience. I know I’mnot talk about what’s come to me. The American have human right. So, enemy combatantitself, it flexible word. So I think God knowsthat many who been arrested, they been unjustly arrested. Otherwise, military throughouthistory know very well. They don’t war will never stop. War start from Adam when Cain he killed Abel until now. It’s never gonnastop killing of people. This is the ISN #10024 Enclosure (3) Page 24 of 26 UNCLASSIFIED 213 PRESIDENT: DETAINEE: PRESIDENT: PRESIDENT: PERSONAL UNCLASSIFIED way of the language. American start the Revolutionary War then they starts the Mexican then Spanish War then World War One, World War Two. You read the history. You know never stopping war. This is life. But if who is enemy combatant and who is not? Finally, | finish statement. I’m asking youto befair with other people. Does that conclude your statement, Khalid Sheikh Muhammad? Yes. Alright. DETAINEE QUESTION & ANSWER Does the Personal Representative have ary questions for the Detainee based on his statement? REPRESENTATIVE: No,Sir. PRESIDENT: RECORDER: PRESIDENT: MEMBERS: PRESIDENT: PRESIDENT: PRESIDENT: Does the Recorder have any questions for the Detainee? No, Sir. Do either of the Tribunal members wish to question the Detainee? No,sir, Nothing further Sir. Alright. CLOSING UNCLASSIFIED SESSION All unclassified evidence having been provided to the Tribunal, this concludesthe opentribunal session. Khalid Sheikh Muhammad,you shall be notified of the Tribunal decision upon completionof the review ofthese proceed by the Combatant Status Review Tribunal convening authority in Washington, D.C. If, the Tribunal determines that you should not be classified as an enemy combatant, you will be released to your home country as soon as arrangements can be made. If however, the Tribunal determines your classification as an enemy combatant you may be eligible for an Administrative Review Board hearing at a future date, ISN #10024 Enclosure (3) Page 25 of 26 UNCLASSIFIED 214 PRESIDENT: PRESIDENT: PRESIDENT: PRESIDENT: RECORDER: RECORDER: UNCLASSIFIED The Administrative Review Board will make.an assessment of whetherthere is continued reason to believe that you pose a threat to the United States orits coalition partners in the ongoing armed conflict against terrorist organizations such as al Qaeda andits affiliates and supporters or whether there are other factors bearing uponthe need for continued detention. Youwill have the opportunity to be heard and to present relevant information to the Administrative Review Board. You can present information from your family and friends that might help youat that Board. You are encouraged to contact them as soon as possible to begin to gather information that may help you. A military officer will be assignedat a later date to assist you in the Administrative Review Board process. ADJOURN OPEN SESSION The open session of this Tribunal hearing is adjourned. The time is 2:43pm. The date is 10 March 2007. All Rise. {The Tribunal withdrew from the hearing room] AUTHENTICATION I certify the material containedin this transcript is a true and accurate verbatim rendering ofthe testimony and English language translation of Detainee’s words given during the opensession of the Combatant Status Review Tribunal of ISN 10024. [REDATED] * CAPT JAGC USN Tribunal President ISN #10024 isnclosure (3) Page 26 of 26 UNCLASSIFIED 215 Proof of Service I, Ellen Duncan, declare under penalty of perjury under the laws ofthe State of California that the following is true and correct: I am employed in the City and County of Los Angeles, State of California, in the office of a memberofthe bar of this court, at whose direction the service was made. I am over the age of eighteen (18) years, and nota party to or interested in the within-entitled action. [am an employee of DAVIS WRIGHT TREMAINE LLP, and my business address is 865 South Figueroa Street, Suite 2400, Los Angeles, CA 90017-2566. I caused to be served the following document: REAL PARTY IN INTEREST AND RESPONDENT LOS ANGELES TIMES COMMUNICATIONS LLC’S REQUEST FOR JUDICIAL NOTICE; MEMORANDUMOF POINTS AND AUTHORITIES; [PROPOSED] ORDER I caused the above documentto be served on each person on the attachedlist by the following means: I enclosed a true and correct copy of said documentin an envelope andplaced it for collection and mailing with the United States Post Office on October 17, 2012, following the ordinary business practice.(Indicated on the attached address list by an [M] next to the address.) [x] J enclosed a true and correct copy of said documentin an envelope, and placedit for collection and mailing via Federal Express on October 17, 2012 for guaranteed delivery on October 18, 2012, following the ordinary business practice. (Indicated on the attached addresslist by an [FD] next to the address.) I declare under penalty of perjury under the laws of the United States of America that the foregoingis true and correct and that I am employedin the office of a memberof the bar of this Court at whose direction the service was made. I am readily familiar with my firm’s practice for collection and processing of correspondence for delivery in the manner indicated above,to wit, that correspondence will be deposited for collection in the above-described manner this same day in the ordinary course of business. Executed on October 17, 2012, at Los Angeles, California. WoreWIACAA Ellen Duncan Supreme Court Case No. $200872 Court of Appeal Case No. B231245 PROOF OF SERVICE [Mi] James E. Trott, Esq. Larry Roberts, Esq. LAW OFFICES OF JAMESE, TROTT 19665 Surfbreaker Lane Huntington Beach, CA 92648 Tel: (714) 596-8995; Fax: (714) 596-8998 Attorneys for Plaintiffs and Appellants Long Beach Police Officers Association [Mj Robert E. Shannon, Esq. Attorneys for Defendants and Christina Checel, Esq. City Attorney Appellants City of Long Beach, CITY OF LONG BEACH Long Beach Police Department 333 West Ocean Boulevard - 11th Floor and James McDonnell Long Beach, CA 90802-4664 Tel: (562) 570-2200; Fax: (562) 436-1579 [FD] Honorable Patrick T. Madden Trial Court c/o Clerk of the Court Los Angeles County Superior Court, Dept. B Long Beach Courthouse 415 West Ocean Blvd. Long Beach, CA 90802 [FD] Court of Appeal, State of California Second Appellate District, Division 2 300 South Spring Street Second Floor, North Tower Los Angeles, CA 90013 [M] Holliday Larry James Amicus curiae: National Fraternal Christina Louise Corl Order ofPolice CRABBE BROWN AND JAMES LLP 500 S. Front Street, Suite 1200 Columbus, OH 43215 [M] David Cory Goldwasser Amicus curiae: Association of Law Offices of Charles Goldwasser APC Orange County Deputy Sheriffs; 5858 Wilshire Boulevard, Suite 205 Santa Ana Police Officers Los Angeles. CA 90036 Association, Santa Barbara Police Beles, Officers Association [M] Charles B. Walker Amicus curiae: Police Officers BOBBITT PINCKARD AND FIELDS APC Research Organization of California 8388 Vickers Street San Diego, CA 92111 {M] David Arthur Urban Amicuscuriae: Los Angeles County LIEBERT CASSIDY WHITMORE 6033 W. Century Boulevard, Suite 500 Los Angeles, CA 90045 Police Chiefs' Association Supreme Court Case No. 8200872 Court of Appeal Case No. B231245 PROOF OF SERVICE {[M] James E. Grossberg LEVINE SULLIVAN KOCH AND SCHULZ 1041 Skyline Drive Laguna Beach, CA 92651 James W. Ewert CALIFORNIA NEWSPAPER PUBLISHERS ASSOCIATION 2000 O Street, Suite 120 Sacramento, CA 95811 Karole Rene Morgan-Prager MCCLATCHY COMPANY 2100 Q Street Sacramento, CA 95816 Amanda Marie Leith NBCUNIVERSAL MEDIA, LLC 30 Rockefeller Plaza New York, NY 10112 [M] Michael P. Stone Attorney at Law 200 E. Del Mar Boulevard, Suite 350 Pasadena, CA 91105 [M] Peter Bibring ACLU OF SOUTHERN CALIFORNIA 1313 West 8th Street Los Angeles, CA 90017 John David Blair-Loy ACLU FOUNDATIONOF SAN DIEGO & IMPERIAL COUNTIES,INC. P.O. Box 87131 San Diego, CA 92138 Michael Temple Risher ACLU FOUNDATION OF NORTHERN CALIFORNIA 39 Drumm Street, 2nd Floor San Francisco, CA 94111 Supreme Court Case No. $200872 Court of Appeal Case No. B231245 PROOF OF SERVICE DWT20515464v1 0026175-000385 Amicus curiae: Californians Aware; California Broadcasters Association; California Newspaper Publishers Association; Dow Jones and Company,Inc.; E.W.Scripps Company; First Amendment Coalition; Hearst Corporation; McClatchy Company; National Press Photographers Association; National Public Radio, Inc.; NBCUniversal Media LLC; Newspaper Association of America; Reporters Committee for Freedom ofthe Press Amicus curiae: Los Angeles Police Protective League; Riverside Sheriffs’ Association, Legal Defense Trust Amicuscuriae: California Affiliates of the American Civil Liberties Union
