Pubdate: Sat, 31 Mar 2001
Source: San Diego Union Tribune (CA)
Copyright: 2001 Union-Tribune Publishing Co.
Contact:  http://www.uniontrib.com/
Details: http://www.mapinc.org/media/386
Author: Matt Krasnowski, Copley News Service
Bookmark: http://www.mapinc.org/rampart.htm (L.A. Rampart Scandal)

OFFICER'S GUILTY PLEA BOLSTERS CORRUPTION INQUIRY OF LAPD

LOS ANGELES -- Giving the lengthy investigation into Los Angeles Police 
Department corruption a possible new start, the former partner of the 
investigation's central figure pleaded guilty yesterday to charges 
including covering up the shooting of an unarmed gang member.

The guilty pleas and agreement to cooperate by Nino Durden are important 
because he is the third person from the LAPD ranks in recent days to lend 
credence to the tales of unjustified shootings and frame-ups by disgraced 
officer-turned-informant Rafael Perez. Two other officers pleaded no 
contest to assault charges stemming from the investigation last week and 
pledged to cooperate.

Durden faced the most serious charges in the corruption inquiry: an 
attempted murder charge from the 1996 shooting of gang member Javier 
Ovando. Ovando was shot in the head, paralyzed, then falsely accused by 
Durden and Perez, convicted, and sentenced to 23 years in prison.

Recently elected District Attorney Steve Cooley said he assigned 
prosecutors to look at Durden's case with "fresh eyes" and decided that the 
evidence didn't support the attempted murder charge. Court records state 
that Perez's and Durden's versions of the shooting vary. Perez portrayed it 
as an attempted execution with Ovando handcuffed. Durden said Ovando moved 
suddenly toward the officers when they shot him.

Durden pleaded guilty to state charges that included conspiracy to obstruct 
justice in the shooting of Ovando, perjury, filing a false report and grand 
theft.

Federal prosecutors also struck a deal with Durden. He's scheduled to be in 
federal court Monday to be arraigned and possibly plead guilty on four 
felony counts of violating the civil rights of three people.

The plea agreement states that Durden won't be prosecuted for crimes "in 
which he may have engaged but which he disclosed" to investigators.

Cooley said Durden has agreed to serve a sentence of seven years and eight 
months in prison. The prison time would cover both the state and federal 
charges against him.

"Durden has been cooperating and has agreed to continue to cooperate with 
law enforcement in our continuing investigation of corrupt police 
officers," said U.S. Attorney Alejandro Mayorkas. "This is a very 
significant breakthrough in our investigation of police corruption in the 
Rampart Division."

FBI Assistant Director James DeSarno said, "This chapter does not end the 
book."

Los Angeles Police Chief Bernard Parks said he welcomed the charges "with 
some degree of sadness. The one charged is one of our own."

The investigation, which opened in September 1999, has led to more than 100 
convictions being overturned and charges being filed against eight 
officers. Scores of civil rights suits have been filed, and it has cost the 
city millions of dollars. Ovando, who was released after three years in 
prison, received a $15 million settlement from the city.

Perez, who pleaded guilty to stealing six pounds of cocaine from an 
evidence locker, was at the center of the case. But his credibility has 
been under attack from the start.

County prosecutors said they've stopped using Perez as a witness, and he 
stopped cooperating as federal authorities started looking into filing 
charges against him. After three officers accused of framing gang members 
were convicted last year and then a judge overturned the guilty verdicts, 
the investigation seemed to lose steam.

Ovando's lawyer, Gregory Moreno, said with Durden's plea the investigation 
may have new life. "It shows that this is not a witch hunt," Moreno said. 
"There is some truth to what Perez said, and there is corruption throughout 
the LAPD."

Cooley said the investigation was "enhanced" by Durden's cooperation, but 
he wouldn't speculate on what the future held.

"I don't know if it's winding down or winding up," Cooley said. "I think 
we're at a very critical stage that will be directed by what we hear from 
the officers who recently . . . pledged their cooperation."
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