Pubdate: Mon, 14 Feb 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: Scott Glover, Matt Lait, Times Staff Writers

BEATINGS ALLEGED TO BE ROUTINE AT RAMPART

Anti-gang officers in the Los Angeles Police Department's Rampart
Division routinely and unnecessarily punched, kicked, choked and
otherwise beat suspects in an effort to intimidate the gangs that the
officers were charged with policing, according to confidential
investigative documents and interviews.

The officers then fabricated elaborate stories in police reports, even
planting drugs on a suspect, to account for their victims' injuries,
disgraced ex-officer Rafael Perez has told investigators, who are
questioning him as part of his plea bargain to secure a lesser
sentence on cocaine theft charges.

Although allegations of unjustified shootings are the most sensational
disclosures Perez has made to detectives, he said that beatings were a
far more common form of misconduct, involving many of the officers now
under investigation in the growing scandal.

The beating allegations are part of an overall investigation into
police crimes and misconduct in the Rampart Division. So far, the
corruption probe has uncovered information about unjustified
shootings, evidence planting and false arrests.

More than 30 convictions have been overturned, and at least 20
officers have been relieved of duty, been fired or have quit because
of the scandal.

In one case, records show, an arrested man's badly bloodied face was
explained away by officers as injuries sustained when he attempted to
jump out of a third-floor apartment window head first.

Another suspect allegedly was used as a human battering ram, his head
repeatedly thrust into a target drawn on a wall because he refused to
disclose information about a gun officers were seeking, documents
show. The young man told investigators that his head was pushed
through the plaster and was pierced by splinters from the wooden studs
inside the wall.

On many occasions the victims claimed their beatings were retaliation
for having made complaints about CRASH officers' misconduct to the
officers' supervisors. Gang members have complained that at other
times, the beatings were inflicted by officers simply to harass gang
members.

In one case under investigation, someone slashed the tire of a Rampart
officer's car. The CRASH unit, which suspected it had been done by a
gang member, formed a posse.

The officers allegedly drove around the neighborhood and
indiscriminately beat suspects.

One young man allegedly was dumped from his wheelchair into the
street, according to police interviews.

Several gang members interviewed by The Times said there was one
officer who enjoyed taking them into an alley and forcing them to
participate in bare-knuckle boxing matches with him. The muscular
officer would take off his gun and police belt and start throwing punches.

"He wanted to damage something," said one gang member, who added that
he and his friends had to let the officer win or they would suffer
greater punishment.

'He Was Just a Brutal Guy'

Perez alleged to investigators that two officers in particular--Brian
Hewitt and Daniel Lujan--were well known among a group of Rampart's
rogue cops for administering street justice.

"Actually, [Hewitt's] biggest forte was thumping people.

He just had this thing about beating people up while they were
handcuffed. That's what he did. He was just a brutal guy. Between him
and Lujan, that was their favorite thing.

Just beat people up for no reason," Perez told investigators.

Many of the beating allegations come directly from Perez. Transcripts
of his interviews with investigators, copies of which have been
obtained by The Times, are filled with sordid stories of officers
physically abusing people. Although Perez has failed a polygraph
test--an examination his attorney and a respected expert contend was
critically flawed--many of the ex-officer's allegations have been
independently validated by LAPD detectives.

Hewitt, in fact, was fired by the LAPD for allegedly beating a suspect
bloody on Feb. 26, 1998. The former Rampart officer is accused of
grabbing Ismael Jimenez by the neck, shoving him against a wall and
hitting him repeatedly in the chest and abdomen with fists.

Jimenez vomited blood in the interview room and staggered out of the
police station, police documents show. He was later treated at a
nearby hospital. Prosecutors, citing a lack of evidence, have twice
declined to file charges against Hewitt. But the case remains under
investigation and Jimenez has been subpoenaed to testify before a
grand jury investigating alleged crimes by LAPD officers, sources said.

Jimenez, an 18th Street gang member, was allegedly beaten because the
mother of another 18th Streeter filed a complaint against the officers
who allegedly beat her son.

In an interview, LAPD Det. Patti Ferguson asked Perez what evidence he
had that Hewitt was prone to using excessive force.

"I'll give you a little story," Perez began, recalling an incident in
1996, shortly after he joined the CRASH unit, in which Hewitt was in
an interview room at the Rampart station with an 18th Street gang member.

Perez said he was sitting in the hallway talking to another gang
member, looking into the room where Hewitt was conducting his interview.

"And all of a sudden Hewitt is choking a guy with his hands, making
him talk. Choking him, just choking him. The guy's looking like he's
about to pass out--just with one hand--he's just choking the guy,"
Perez said.

The suspect's hands, Perez said, were cuffed behind his back. "I saw
Officer Hewitt hit this guy so hard in the neck that the guy flipped
backward and onto the floor."

In fact, Perez said, Hewitt often seemed more interested in beating
suspects than taking them to jail.

"Let's say he catches you dirty, he would rather beat you up, beat you
to a pulp, and then say, 'OK, we're even now, right?' " Perez said.
"I've seen Hewitt beat up more people by himself than I've seen
probably by the entire department put together."

Perez added, "When all this [interrogation] first started I had said
how I fear certain officers. . . . Hewitt is one of them."

Two other officers implicated in the corruption scandal, as well as
several gang members, told The Times in interviews that Hewitt was a
violent officer.

An encounter with Hewitt, said one jailed gang member, was a
guaranteed "butt-whupping."

Lujan, who was charged but exonerated of wrongdoing in the Jimenez
beating, also liked to "thump" people, Perez told interrogators.

He recalled a time that Lujan badly injured the knee of a man he had
chased down during a foot pursuit near 11th Street and Burlington
Avenue. When a sergeant showed up at the scene, Lujan said that "the
guy got thumped," Perez said. When Sgt. Edward Ortiz asked Lujan what
crime the man committed, Lujan said he was unaware the injured man had
committed any crime. In an apparent attempt to cover up the
unjustified use of force, the sergeant told Lujan to book him on a
drug charge, according to Perez.

Perez told investigators he also saw Lujan dislocate a man's elbow at
the joint during one arrest.

The man, Perez said, was combative with officers and was suspected of
being armed.

At one point, Perez said, five CRASH officers were on top of the
suspect, subduing him. Perez punched the man in the face, another
officer squirted pepper spray on the man and Lujan separated the man's
elbow.

"You can tell whether you want to put somebody's arm behind their back
or you want to injure them," Perez told investigators.

"You believe that Lujan excessively torqued his arm causing the
dislocation?" asked Sgt. John Cook, a detective on the LAPD corruption
task force.

"Yeah, you don't just put someone's hands behind their back and
dislocate their elbow," Perez responded. "You have to do something to
it. And that's what he did. He had placed his arm, lifted his wrist,
and just took his elbow out of place."

Differing Explanations for Suspect's Injuries

Lujan and Hewitt are suspected of teaming up in another alleged
beating on Feb. 21, 1996, when they arrested Rene Alfredo Canales on
drug charges. Canales' injuries were explained in a police report as
occurring when the suspect "attempted to dive out the [third-] floor
window, hitting the right side of his head [and] forehead on the
window frame . . . got up and again lost his balance and fell forward
while [attempting] to escape and hit his head numerous times against
the metal balcony, arm rail and steps."

But according to documents obtained by The Times, Canales claims he
was sitting on a milk crate outside a third-floor apartment room,
waiting for a friend, when officers converged on him.

Canales alleges that the officers, for no apparent reason, handcuffed
him, threw him to the floor and started kicking him in the head, face
and back. The officers stopped beating him when a sergeant approached,
he said.

Perez implicated two other CRASH officers in the beating of a man who
allegedly tried to kill an LAPD motorcycle officer with his car as he
fled from a robbery.

He was caught by officers as he attempted to flee. "They had roughed
this guy up while at the scene," Perez said, referring to Officers
Doyle Stepp and Omar Veloz, both of whom have been relieved of duty.
"They kicked his butt pretty good."

Veloz's attorney disputed Perez's account and said his client did
nothing improper. Attorney Lawrence J. Hanna said the suspect resisted
arrest and was high on drugs.

He said other officers helped Veloz and Stepp take the man into
custody and the suspect did not allege at the time of his arrest that
he was mistreated.

Back at the station, Perez said, he witnessed abuse
firsthand.

He said he heard a commotion in an interview room and went to
investigate, and saw Stepp releasing the suspect, Elvis Ponce De Leon,
from a chokehold.

"When I walked in . . . he releases the guy, the guy falls on the
chair and to the ground.

And is out. He's out unconscious," Perez said.

Ponce De Leon was taken to a hospital, recovered, and was later
convicted of assault and drug possession, documents show.

Perez said Stepp and Veloz subsequently told him about the initial
beating.

"We don't take too kindly" to attempted murder of a police officer,
Perez said. "So, basically, you know, the thought was he got what he
deserved."
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