Pubdate: Tue, 25 Jan 2000
Source: Los Angeles Times (CA)
Copyright: 2000 Los Angeles Times
Contact:  Times Mirror Square, Los Angeles, CA 90053
Fax: (213) 237-4712
Website: http://www.latimes.com/
Forum: http://www.latimes.com/home/discuss/
Author: Matt Lait, Scott Glover, Times Staff Writers

D.A. SEEKS TO VOID 10 MORE RAMPART CASES

The Los Angeles County district attorney's office today will seek to
overturn 10 more criminal convictions tainted by police misconduct in
the Police Department's Rampart Division, a move that will nearly
double the number of cases thrown out as a result of the ongoing
corruption scandal.

The prosecutors' action is the most extensive of its kind ever
undertaken in Los Angeles County.

Two prison inmates are expected to be released after today's court
action, authorities said Monday. The other convicts have served their
time in jail or prison and are on parole or probation, district
attorney officials said. Like previously overturned cases, most of the
convictions at issue today involved former officer-turned-informant
Rafael Perez and his onetime partner Nino Durden. At least one of the
pending cases involves Perez and a female partner who has since been
relieved of duty.

Perez, 32, is cooperating with authorities as a part of a deal that
will cut time off his conviction for cocaine theft. Perez has
implicated himself and Durden in numerous cases of police misconduct
and crimes, including the shooting and subsequent framing of an
unarmed gang member.

Since September, the Los Angeles Police Department's criminal
investigation into the Rampart Division has uncovered alleged
unjustified shootings, beatings, drug dealing, planting of evidence,
false arrests, witness intimidation and perjury. Eleven criminal
convictions already have been overturned as a consequence of the
investigation.

To date, 20 officers have resigned or been relieved of duty, suspended
without pay or fired in connection with the scandal. Police officials
have asked the district attorney to file criminal charges against
three officers who currently or previously worked at Rampart.

The 10 defendants who prosecutors now believe were wrongly convicted
were involved in eight separate criminal cases. Most of them faced
allegedly trumped-up drug charges. Several were apparently falsely
charged with weapons offenses.

One of the men who is expected to be released is Paul Anise Thompson,
34, who was sentenced in 1997 to six years in prison, based largely on
the testimony of Perez.

Deputy Public Defender Kenneth S. Star, Thompson's lawyer at trial,
said he had strong suspicions about the evidence presented in the
weapons case. Although Star did not recall many details late Monday,
he said that, during the trial, he took the extraordinary step of
calling a deputy district attorney to the witness stand to testify
about what Star believed were serious irregularities with the LAPD's
handling of the evidence.

Star said he also called an LAPD detective to the stand who "was
bending over backward not to impeach what [Perez] testified to" in
trial. One Rampart sergeant associated with the case is among those
relieved of duty in connection with the probe.

Prosecutors said they will join a petition by one of Thompson's
current attorneys to overturn the conviction.

The other nine convictions are expected to be overturned as a result
of petitions by the district attorney's office. A hearing on all the
cases is scheduled this afternoon in front of Los Angeles Superior
Court Judge Larry Fidler, who has dismissed many of the previous
convictions.

The expected court action brings further embarrassment to the LAPD,
and is likely to increase significantly the city's civil liability,
which many legal experts predict could exceed tens of millions of dollars.

Officials from the district attorney's office released few details
Monday on their court plans. In the past, however, Dist. Atty. Gil
Garcetti has vowed to fully investigate the corruption scandal and to
overturn any conviction that was won with tainted evidence.

Garcetti has assigned seven prosecutors to a special task force that
is investigating the matter.

LAPD Chief Bernard C. Parks has said he, too, is committed to rooting
out corruption in his department and has about 30 detectives and
officers investigating the alleged wrongdoing.

Most, if not all, of the criminal convictions overturned so far have
been as a result of information from Perez. Detectives have dumped
hundreds of files in front of the former officer, who has reviewed
them and identified ones he claims were unjust.

When Perez characterizes an arrest and conviction as "bad," detectives
and prosecutors seek to interview the defendant to corroborate Perez's
information. Often, those interviews have occurred at the prisons
where the defendants are serving their sentences.

The convictions that the district attorney will ask to have set aside
today involve:

* Hugo Madrid, 26, who in 1997 pleaded guilty to a firearms charge and
was sentenced to prison. He was paroled, but is in custody for
violating that parole.

* Manuel Guardado, 26, who in 1997 pleaded guilty to a drug charge. He
remains on probation.

* Blanca Sahagun, 31, and Carlos Antonio Carranza, 27, who in 1997
pleaded no contest to drug charges. They are on probation.

* Juan Carlos Suares, 24, who in 1997 pleaded guilty in a drug case.
He was sentenced to prison and scheduled to be deported upon his release.

* Margo Leticia Lopez, 56, and Luis Manuel Flores, 26. In 1997, Lopez
pleaded guilty to a drug charge and Flores to a weapons charge. She is
on probation and he on parole after serving part of a two-year prison
term.

* Octavio Gonzalez Davalos, 41, who in 1997 pleaded guilty in a drug
case. He remains on probation.

* Jose Armando Lara, 24, who in 1997 pleaded guilty to a firearm
charge. He remains on probation.
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