Pubdate: Wed, 26 Jan 2000
Source: San Diego Union Tribune (CA)
Copyright: 2000 Union-Tribune Publishing Co.
Contact:  PO Box 120191, San Diego, CA, 92112-0191
Fax: (619) 293-1440
Website: http://www.uniontrib.com/
Forum: http://www.uniontrib.com/cgi-bin/WebX
Author: Matt Krasnowski, Copley News Service

CORRUPTION PROMPTS REVERSAL OF 10 VERDICTS

Judge Acts In Wake Of LAPD Scandal

LOS ANGELES - Nearly doubling the number of dismissed criminal cases
stemming from a police corruption scandal that has rattled this city, a
judge yesterday reversed 10 drug and weapon convictions soiled by police
misconduct.

Los Angeles County District Attorney Gil Garcetti said prosecutors no longer
could stand behind the convictions that were obtained with the help of
former Los Angeles Police officer-turned-informant Rafael Perez and his
onetime partner Nino Durden.

One the 10 people, Paul Anise Thompson, 34, who was convicted on a 1997
firearms charge and sentenced to six years in prison, is expected to be
released from prison soon. His lawyer, Carlos Spiga, said Thompson plans to
sue the city, but remains fearful of police.

Two of the 10 defendants have been incarcerated on different charges or
parole violations. Seven others were free on parole or were serving
probation.

The hearing before Los Angles County Superior Court Judge Larry Paul Fidler
marked the first time a defendant was present to see his conviction
overturned. Octavio Davalos, 41, served 91 days in jail and received three
years probation after pleading guilty to possessing and selling cocaine and
marijuana. Perez has said he falsified his report against Davalos.

"Since you are the first person present on this matter, the court's
apologies," Fidler said to Davalos.

"I was never guilty of nothing," said Davalos, an upholstery worker, after
the hearing. He added that he pleaded guilty because he faced eight years in
prison if convicted at trial. "I have to support my family."

The recent wave of overturned convictions brings the total cases thrown out
since the scandal broke in September to 22. Garcetti said in the coming
weeks he expects to reach decisions on two to three dozen additional cases.

Perez pleaded guilty last year to stealing eight pounds of cocaine from a
police evidence locker. Since then he has been telling tales of police
corruption stemming from a gang abatement unit in the department's Rampart
Division, located west of downtown Los Angeles.

The investigation into Perez's statements has uncovered allegations of
unjustified shootings, beatings, drug dealing, evidence planting and witness
intimidation.

It is the largest police corruption scandal this city has seen in decades
and Garcetti calls it the most important criminal case in his 31 years as a
prosecutor.

The county public defender's office has been reviewing some 3,000 cases
involving officers connected to the Rampart scandal.

In most of the cases overturned yesterday, Perez has said he or Durden lied
about drug or weapons charges. At least one case involved Perez and a female
officer who has been relieved of duty.

Roughly 20 officers have either been relieved of duty or left the force in
light of Perez's statements.

So far, no criminal charges have been brought against any of the accused
officers, much to the dismay of top LAPD officials eager to make an example
out of cops that they believe abused their authority.

But at a morning news conference, Garcetti said he is not eager to quickly
prosecute officers until he is certain he can obtain a conviction.

"I just don't want to file a case and then some months later the case is
dismissed on a technicality or for another reason," Garcetti said. "I want a
successful prosecution."

He noted that even though prosecutors believe Durden lied under oath in some
of the overturned cases, there may not be enough evidence to prosecute him
for perjury.

"We must have some independent proof of that (beyond Perez's statements)
before we can initiate a criminal prosecution," Garcetti said.

"I understand the frustration the LAPD has," he added. "They've put a lot of
resources into this. They see problems and issues. We see them, too. But
we're the ones that have to meet the ethical responsibility before we file
cases and then we want successful prosecutions."
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MAP posted-by: Don Beck