Pubdate: Wed, 25 Jul 2001
Source: Los Angeles Times (CA)
Copyright: 2001 Los Angeles Times
Contact:  http://www.latimes.com/
Details: http://www.mapinc.org/media/248
Author: Matt Lait
Bookmark: http://www.mapinc.org/rampart.htm (L.A. Rampart Scandal)

PEREZ IS A FREE MAN AFTER ALMOST THREE YEARS

Parole: Terms Of The Disgraced Officer's Release Are Kept Private. 
Prosecutors Plan Appeal.

After nearly three years behind bars, disgraced former Los Angeles Police 
Officer Rafael Perez was discharged from the California Correctional 
Institute in Tehachapi on Tuesday morning and placed on parole, authorities 
said.

The terms of Perez's parole, as well as where he will live, were not 
disclosed by prison officials. A judge said Monday that Perez could be 
allowed to live out of state while under parole because of concerns about 
his safety.

On Perez's behalf, his lawyer declined requests for interviews with the 
former officer, who he said hoped merely to spend time out of the public 
eye. "It's no secret that Mr. Perez's life could well be in danger if 
certain parties or individuals know where he is, so we keep that secret," 
said Russ Heimerich, a spokesman for the California Department of Corrections.

Heimerich noted, however, that the information clampdown in Perez's case is 
not unique. He said prison officials rarely divulge information about 
former inmates once they have been paroled.

"People gain a few more rights than they had as inmates, and one of those 
is the right to privacy," Heimerich said.

Perez, the key informant in the LAPD's corruption probe, was allowed to 
walk out of prison as a result of a ruling Monday by Los Angeles Superior 
Court Judge Robert J. Perry.

Over the protests of prosecutors, Perry ruled that Perez had fulfilled the 
conditions of his plea bargain and had served enough of his five-year 
sentence for stealing cocaine from LAPD evidence facilities.

Prosecutors objected, saying that Perez was not entitled to work-time 
credits that helped shave time off his sentence because he was housed in a 
county facility instead of a state prison.

Perry agreed that prosecutors were correct in their reading of the rules, 
but he said that when Perez was originally sentenced, all the parties 
involved in the case incorrectly assumed that Perez would receive those 
credits while he stayed in county jail to continue helping the LAPD 
corruption probe. He said Perez should not have to suffer for the 
misinterpretation of the prison rules by the prosecution, the defense and 
the judge.

Prosecutors said Monday that they will appeal Perry's ruling on the grounds 
that he exceeded his authority. District attorney officials late Monday 
also asked an appellate court to halt Perez's release pending their appeal, 
but the request was denied. They declined to further comment on their plans 
Tuesday.

Perez's attorney, Winston Kevin McKesson, praised Perry's decision to set 
Perez free.

"I feel honored to be part of a the justice system that includes Judge 
Robert Perry," McKesson said. "He is one of the very, very few people 
throughout this whole process who has kept his eye on justice as opposed to 
what is politically correct."

As for Perez, his future remained uncertain. McKesson said his client is a 
changed man who hopes to spend time reuniting with his family and doing 
"good deeds" in the community.

If the district attorney is successful in an appeal, it is possible that 
Perez may have to spend more time in custody. Meanwhile, federal 
authorities are still considering whether to try to indict Perez on the 
corruption-related offenses that he has admitted to in the course of his 
interviews with state prosecutors and police.
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