Pubdate: Thu, 24 Feb 2000
Source: Daily News of Los Angeles (CA)
Copyright: 2000 Daily News of Los Angeles
Address: P.O. Box 4200, Woodland Hills, CA 91365
Fax: (818)713-3723
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Author: Rick Orlov
Note: MAP's shortcut to Rampart items:
http://www.mapinc.org/rampart.htm.

FBI WILL ASSIST WITH RAMPART INQUIRIES

Sought for their independence from Los Angeles' political culture, the
FBI and U.S. Justice Department have joined the LAPD corruption
investigation team to examine possible civil rights violations,
officials said Wednesday.

"As we transition into the next stage, it is important for us to look
at the most significant issues, which we believe are the potential
civil rights violations," Police Chief Bernard C. Parks said at a
Parker Center news conference with Mayor Richard Riordan, District
Attorney Gil Garcetti and federal law enforcement officials.

"They (federal officials) carry a level of independence. We believe
independence is important."

The decision to seek federal assistance in the probe comes amid
pressure from some City Council members, civil rights groups and even
the Los Angeles police union for setting up an independent citizens
commission to oversee the probe -- a move resisted by Parks and Riordan.

Six FBI agents will work with the Los Angeles Police Department's
special task force, which is investigating allegations by former
officer-turned-informant Rafael Perez that he and other cops in the
Rampart Division's anti-gang CRASH unit assaulted gang members,
planted evidence and lied in court to achieve prosecutions.

The Los Angeles Police Protective League, while not criticizing the
FBI's involvement directly, said it supports reforms that would
prevent a similar scandal in the future, but has grown concerned about
protecting the rights of officers facing investigation.

The police union said in a statement, "We express our concern for due
process in this investigation, protection against a witch hunt,
security against scapegoating and against looking for someone to blame
where blame is ubiquitous and systemwide."

So far, at least 11 officers have been relieved of duty and the
District Attorney's Office has moved to drop charges against nearly 40
people prosecutors believe were wrongly convicted based on perjured
testimony by officers. Lawsuits from the cases are expected to cost
more than $200 million.

U.S. Attorney Alejandro Mayorkas said he will have federal prosecutors
work with the District Attorney's Office to determine how officers
should be charged with crimes and which office should undertake the
prosecutions.

"I am here to assure that corruption and civil rights violations are
prosecuted fully and aggressively," Mayorkas said.

James DeSarno Jr., assistant director of the FBI's office here, said
agents will work with the LAPD, but will remain independent in the
information they develop.

"There is no greater trust than what we give to our police -- the
right to take away a person's freedom," DeSarno said.

Asking the federal agencies for help represents a sharp change in the
LAPD tradition of handling its own inquiries. Officials said they are
heeding public calls for independent examination of the cases, but
without resorting to a private citizens panel.

Riordan, who first disclosed the request for federal officials during
his monthly radio talk show on KFWB-AM (980), called the action "a big
step on the road to justice.

"We must do everything in our power and tap every resource to ensure
that the people who have been wrongfully imprisoned are released as
quickly as possible and that officers who committed crimes are brought
to justice as quickly as possible," Riordan said. "This must be our
No. 1 priority."

At the same time, California Attorney General Bill Lockyer said his
office also is reviewing the progress of the LAPD investigation.

"We are expanding our review to assure the public that the Rampart
investigation is thorough and fair, and to provide an early start in
carrying out the attorney general's oversight and review
responsibilities."

Parks said the LAPD investigators have begun to look beyond the
testimony provided by Perez and are looking into whether any other
officers at the Rampart Division or other police stations also were
involved in wrongdoing. Parks has told the City Council there has been
indication of problems at other stations.

In a related development Wednesday, the City Council's Budget and
Finance Committee asked for more details on Riordan's proposal to sell
bonds that would be repaid with $300 million expected during the next
25 years from a national tobacco settlement to obtain $100 million in
upfront cash for future lawsuits stemming from the Rampart scandal.

In addition, the council asked the Police Commission to consider a
proposal by Councilwoman Laura Chick to separate its inquiries of
officers into areas dealing with administrative discipline from those
involving criminal charges. It is based on a model used by the Los
Angeles County Sheriff's Department.

During the news conference, Parks and Garcetti refused to be drawn
into a behind-the-scenes dispute that has developed over the pace in
which cases are being prepared.

"There is no turf war," Garcetti insisted. "You cannot just file a
case or it would be thrown out of court. Our job is to protect the
innocent as well as prosecute the guilty. When we go to court, we want
to make sure we are working properly."

Garcetti estimated his office would be prepared to file its first
cases within three months.

During his radio appearance, however, Riordan said he believes steps
have to be taken soon to begin prosecution of bad cops.

"The public and myself are very upset that nothing's happened to these
officers who committed these incredible crimes," Riordan said, adding
he believes action is needed to restore public confidence. "This is
one step, but an important one for the city and the
department."

Mayorkas said his office has monitored the Rampart investigation since
September, but only now would take a more active role in the case, as
would the FBI, which specializes in civil rights investigations.

Even more important to the officials was heading off calls by
Councilman Joel Wachs and others for an independent citizens review of
the agency.

"We have an independent civilian review in the Police Commission,"
Commission President Gerald Chaleff said.

Councilwoman Cindy Miscikowski pointed to the City Council's vote
Tuesday to allow the commission to do its work reviewing a separate
Board of Inquiry report, which is due next week.

Wachs, however, said he believes it necessary to conduct an
independent review of conditions that allowed the Rampart situation to
develop.

"I welcome the help, but as I see their investigation it is to see who
did wrong and prosecute them," Wachs said. "But it doesn't do away
with the need to look at the broader issues of how this happened and
rebuild morale. That kind of inquiry raises issues beyond the scope of
this investigation.

"If it wasn't for this Perez getting caught stealing cocaine, none of
this would have come out. There is something wrong in the system when
this type of behavior was allowed to exist and no one knew about it.

"I can't believe they would be so cynical to think that bringing in
the FBI will prevent the need for an independent review. If anything,
it shows the need even more." 
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MAP posted-by: Derek Rea