California
Police Abuse and Police Brutality
Page 4
05/08/2006
- A
Riverside County Sheriff's Deputy remains behind bars on charges of
witness intimidation and committing a crime while out on bail.
The
sheriff's department received a tip from a woman on Tuesday claiming to
be a victim of John Leseberg.
He
was initially arrested on April 26 on suspicion of sexual assault.
Yesterday,
that same woman called authorities to say Leseberg showed up at her
home.
Deputies
arrived and arrested Leseberg without a problem.
Deputy
Leseberg is now behind bars, his bail set at 2 million dollars. He'll
be arraigned tomorrow.
========
02/01/2006
- LOS ANGELES, California - A videotape shows a sheriff's
deputy
shooting an unarmed Iraq war veteran who appears to be following orders
to get up off the ground, and now the FBI is investigating for possible
civil rights violations.
Elio
Carrion, an Air Force policeman who spent six months deployed in Iraq,
was to have rejoined his unit Tuesday. Instead, he was hospitalized in
good condition.
The
incident began Sunday night, officials said, when Carrion was a
passenger in a blue Corvette that was speeding about 100 mph near the
Chino Hills, California, area, east of Los Angeles.
The
driver, whom authorities didn't identify, failed to pull the car over
after police signaled to do so, leading to a five-minute chase that
ended abruptly when the vehicle crashed into a brick wall, said Cindy
Beavers, a spokeswoman for the San Bernardino County Sheriff's
Department.
What
happened next was captured on video shot by amateur photographer Jose
Luis Valdez, who told The Associated Press that he recorded the
incident after the car crashed in front of his home. KTLA-TV aired the
videotape early Tuesday, then distributed it later in the day.
In the tape,
an unarmed Carrion appears to be on the ground as a deputy sheriff
stands above him with his gun drawn.
"Get up!"
the deputy shouts. "OK," Carrion says.
"Get up!"
the deputy shouts again. "I'm going to get up," Carrion says, and he
begins to rise.
The deputy
fires three shots, reportedly striking Carrion in the chest, leg and
shoulder.
Moaning
while on the ground, Carrion attempts to explain to the deputy he's an
Iraq war veteran. "I mean you no harm," he says. "Shut the [expletive]
up!" the deputy shouts. "Shut the [expletive] up!"
The deputy
shouts that he has "one down," then again tells Carrion to "shut the
[expletive] up."
"You don't
get up!" the deputy says.
Then
the tape contains the voice of a neighbor who appears to have watched
the incident. "You told him to get up!" the voice says.
Beavers,
the sheriff's spokesman, declined to release the name of the deputy
involved in the shooting but said he was put on leave. She said Sheriff
Gary Penrod had invited the FBI to join the investigation.
FBI
spokeswoman Laura Eimiller and U.S. attorney's office spokesman Thom
Mrozek confirmed the the agency's involvement on behalf of the Justice
Department.
They said
the FBI would look into possible civil rights violations. Media reports
prompted the probe, Mrozek said.
Beavers said
the sheriff's department would review the video forensically "to clear
up any questions about dialogue."
"We think it
is unfair to make any sort of judgment against any of the parties
involved," she said.
The
driver of the car, she said, was arrested on charges of felony evading.
=============
01/26/2006 - SANTA ANA, Calif.
Former Los Angeles police Chief Bernard Parks was slated to testify
Thursday in a in a civil rights lawsuit relating to the Rampart scandal
filed by three current or former LAPD officers.
Officer
Paul Harper, Sgt. Brian Liddy and former Sgt. Edward Ortiz filed the
suit against the city of Los Angeles and others, saying they were
falsely arrested and maliciously prosecuted as scapegoats.
On
the night of April 26, 1996, partners Liddy and Harper arrested Allan
Lobos, while Ortiz, a supervisor at the scene, approved of it,
according to police reports.
Statements
by officer Rafael Perez, whose allegations of police misconduct by
himself and other anti-gang officers triggered the scandal, accused
Liddy, Harper and Ortiz of framing Lobos.
Perez,
as part of an agreement, received five years in prison for stealing
cocaine in exchange for identifying allegedly corrupt officers.
The lawsuit accuses Parks, now a Los Angeles city councilman, and ex-
District
Attorney Gil Garcetti of conspiring to deprive Harper, Liddy and Ortiz
of their civil rights based on evidence elicited from convicted felons
and liars.
Jurors voted
to acquit all three officers on the count of framing Lobos, however,
Liddy and Ortiz were convicted of obstructing justice. The judge
overturned those convictions, ruling she had committed an error that
tainted the jury's verdict.
===============
01/10/2006 - An Oakland police officer who admitted to making illegal
traffic stops on five different Asian women last year was sentenced
today to six months in the county jail.
Officer
Richard Valerga, 51, pleaded no contest on Nov. 22 to two counts of
false imprisonment and two counts of interfering with the civil rights
of his victims, all of whom were Asian immigrants.
Valerga's
attorney, Paul Brennan, asked that Valerga not receive any jail time
because he has no prior criminal history and had distinguished records
as a police officer for six years and as a member of the U.S. Navy.
But
Alameda County Superior Court Judge Morris Beatus agreed with
prosecutor Mark McCannon and county probation department officials that
a six-month jail term was appropriate for Valerga.
Valerga
theoretically could have been sentenced to one year in the county jail
for each of the four counts to which he pleaded no contest.
McCannon
said, "He clearly could have gotten a lot more time, but I'm satisfied
with the sentence."
McCannon
said, "It's appropriate for him to go to jail even though it will be
harsh on him,'' as former police officers often have a hard time in
jail both emotionally and physically.
Valerga
originally was charged with seven misdemeanor counts, but prosecutors
allowed him to plead no contest to four counts.
Charges
were filed against Valerga in August after a joint, three-month
investigation conducted by Oakland police and the district attorney's
office that was prompted when a victim came forward.
Investigators
determined that Valerga made illegal vehicle stops on Asian women
between January and April 2005.
During
the course of the investigation, it was determined that the women had
recently immigrated to the U.S. and were illegally detained by Valerga,
authorities said.
Valerga
was placed on paid administrative leave in May when the allegations
were brought to the attention of the Oakland Police Department's
command staff. He resigned in November.
McCannon
said "was fixated on Asian women" and hasn't shown any remorse for his
conduct, claiming that the stops of the five women were all based on a
misunderstanding.
=============
01/06/2006 - The
Humboldt County District Attorney’s Office filed documents
with the
Superior Court of Humboldt County Wednesday, requesting that a felony
charge previously filed against Humboldt State University student
Katherine Marie Zimmerman be reduced to a misdemeanor.
Following
a Critical Mass bike ride Nov. 2, Zimmerman, one of its organizers, was
charged with misdemeanor battery on a peace officer, disobedience to an
order by a traffic officer, resisting/obstructing an officer, impeding
traffic and blocking a roadway.
The charges stemmed from
incidents that occurred during the bike ride when the protesters
allegedly rode in the lanes on the freeway, causing unsafe conditions
and refused to listen to officers directing them on the shoulder,
California Highway Patrol Sgt. Randy Price said in a previous interview
with The Eureka Reporter.
“They actually got out and stopped
all lanes of traffic; we actually had a helicopter in the air and we
have photos of that,” he said. “We (also) had a
videotape in a patrol
car of them when they were taking up one lane and they refused to get
on the shoulder.”
Zimmerman was one of four protesters arrested during the bike
ride.
Others
involved in the protest held a news conference Nov. 7 accusing officers
of using “unnecessary force on peaceful protesters”
and denied the
officers’ allegations.
Elise Castle, a participant in the ride, said the police stopped
traffic; the bicyclists did not.
“I think the police caused more unsafe conditions
than we did,” she said.
When
the DA’s Office received new information about the
officer’s alleged
injury, it added the felony battery charge, Humboldt County Deputy
District Attorney Jeffrey Schwartz said in a previous interview with
The Eureka Reporter.
Because of the “serious nature of the
injury conveyed to our office by the (CHP), a decision was made by the
assistant district attorney to amend the complaint to add an additional
count alleging felony battery of an officer against Ms.
Zimmerman,”
according to the DA’s filing.
After adding the charge, Schwartz
requested the officer’s medical records and discovered that
although he
was injured, the information regarding the extent of his injuries was
erroneous, the document stated.
Because of that new information Schwartz made the new filing Wednesday
requesting that the complaint be amended.
A pretrial hearing for Zimmerman has been scheduled for mid-January.
==========
May. 18, 2004
- Contra Costa County (Calif.) prosecutors dropped charges in more than
10 drug use cases last month because a Pittsburg, Calif., police
officer allegedly filed false reports.
The
Pittsburg Police Department finished an investigation Tuesday into
reports filed by former Officer Jim Hartley that contain identical
admissions by different people.
The District
Attorney's Office will now decide whether or not to file charges
against Hartley.
Prosecutors
first began to question the accuracy of the incident reports and
notified police in late March of the suspiciously similar narratives in
them.
Hartley,
a Brentwood, Calif., resident and 14-year police veteran, resigned
voluntarily in early April. He did not respond to repeated phone calls
from the Times.
District
Attorney Bob Kochly confirmed that an investigation of Hartley is under
way.
"We have an
investigation ongoing," Kochly said. "It centers around the accuracy of
police reports that have been submitted."
Pittsburg
Chief Aaron Baker said that based on suspects' field and laboratory
tests, the cases appear to have been legitimate, but the reports were
filed in a "devious" manner.
"From
what we can determine at this point, the people that he arrested were
under the influence of opiates - he was just too damn lazy to write the
reports," Baker said.
************
March
28, 2004 - Carlsbad, Calif. -- A California woman says it's not enough
that police said they're sorry for wrongly raiding her home.
Carlsbad
police raided the home because they thought the high electrical bills
were a sign that pot was being grown in the house.
Police
Lt. Bill Rowland says the family's $250-to-$300 monthly electric bill
could indicate the presence of high-intensity lights used to grow
marijuana indoors.
Officers
got a search warrant and showed up recently with drug-sniffing dogs.
What they found was a mom who does lots of laundry and lots of dishes,
has three power-hungry computers and three kids who don't turn lights
off when they leave a room.
The woman now wants a formal apology -- in writing.
Police say they've apologized verbally several
times but insist they acted properly.
*******************
September 16, 2000 - The father of an 11-year-old boy who was shot and
killed by a Modesto police officer walked away from a federal
courthouse Friday after promising to post a $20,000 bond.
Moises
Sepulveda, a 33-year-old auto mechanic, was released barely 56 hours
after a police SWAT team accompanied by federal drug agents forced
their way into his family's McAdoo Avenue home in the Highway Village
neighborhood that adjoins Highway 99.
"I
am destroyed," Sepulveda said in Spanish during a telephone interview
hours after his release. "They killed an innocent child." By Friday
night, Sepulveda was back at home surrounded by family and friends.
He
said he is innocent of the charge -- conspiracy to distribute
methamphetamine. He declined further comment on the advice of his
lawyer, John A. Garcia of Merced.
The
drug raid was part of a coordinated countywide sweep that ended shortly
before sunrise Wednesday with the shooting death of Sepulveda's son,
Alberto.
The raid
stemmed from a 19-month investigation into a Stanislaus County
methamphetamine distribution ring.
Police say
officer David Hawn accidentally killed the boy during the raid.
Hawn,
who has spent more than 18 of his 21 years on Modesto's police force
with the SWAT team, remains on paid leave. That is routine when an
officer is involved in a shooting.
"One
thing we still won't be able to determine (soon) is why it happened,"
officer Terry Miller said. "Was it a malfunction or an officer error or
did something else hit the trigger? We just don't know."
Details
surrounding the shooting remained sketchy Friday.
Earlier
in the day, Modesto police planned to make public more information
about what happened. Release of that information, however, was
postponed and now is expected to be made available later this weekend
or early next week.
Miller
said the information will be drawn from statements made by the officers
involved, as well as the accounts of family members who were inside the
house.
Father
released Federal Magistrate Lawrence J. O'Neill freed Moises Sepulveda
after he posted a $20,000 unsecured bail bond Friday and promised to
use the equity in his home to cover it. The bond must be secured by
Sept. 29, the day Sepulveda is scheduled to return to Fresno for
arraignment on a felony charge of conspiracy to distribute
methamphetamine.
======
October
30, 2000 LOS ANGELES - A costume party guest fatally shot by
a police
officer after he allegedly pointed a fake gun had told friends he
feared getting killed by police.
"His
biggest fear was getting killed by cops, because he's a tall black man.
He said that before," Mary Lin, a friend of the victim's, told the Los
Angeles Times.
Anthony
Dwain Lee, 39, died at the West Los Angeles mansion where he was shot
shortly after 1 a.m. Saturday.
It
wasn't clear if he knew the officer he pointed a gun at was a real
policeman, or if he thought he was just another partygoer in a
Halloween costume, a Los Angeles Police Department spokeswoman said.
Lee
was an actor who had appeared in small TV and film roles, including on
the shows "ER" and "NYPD Blue" and as the character Fred in the 1997
Jim Carrey movie, "Liar Liar."
Police
said several hundred people, many of them in costume, were at the
Benedict Canyon mansion, known to some as "the Castle" for its
extravagant design.
Officer
Tarriel Hopper and his partner went there in response to a noise
complaint, and were looking for the mansion's owner as they walked
along an outside walkway.
Police
reported that the officers looked through a window and saw Lee and two
other people in a room.
Lee
looked up toward Hopper and allegedly pointed a gun that looked
authentic in his direction, police Officer Charlotte Broughton said.
Hopper
responded by firing several rounds from his weapon through the window.
Investigators later determined Lee's gun was fake.
"It
does not appear that (the officer) did anything wrong," Broughton said.
"When somebody has what appears to be an authentic weapon, you respond
the way you're trained to respond."
Hopper,
27, has been with the department three years, police said. The shooting
is being investigated by the LAPD's Robbery-Homicide Division and a
team from the district attorney's office.
========
January
27, 2000 - A San Francisco police officer accused of failing to report
an incident of alleged brutality was spared dismissal and instead was
given a 30- day suspension yesterday.
The
Police Commission unanimously imposed the sanction on Officer Anthony
Montoya but delayed action against Officer Edgar Gonzalez who is
accused of beating a handcuffed suspect on May 11, 1997.
Montoya
was charged with neglect of duty. He admitted that charge and will
serve 15 days of his suspension immediately, with the remaining 15 days
to be held in abeyance for two years.
According
to documents in the case, rookie Officer Edward Clark and Montoya, a
six-year veteran, were in a patrol car when they stopped a motorist at
South Van Ness Avenue and Market Street for driving with his lights
off.
The
two officers suspected that the driver, Leandro Lezcano of Millbrae,
was intoxicated and summoned Gonzalez, a Spanish-speaking officer,
because of language difficulties.
After
Lezcano, then 23, was handcuffed and placed in the police car, he began
shouting profanities at Gonzalez, the documents show. Gonzalez, a
nine-year veteran, reportedly climbed into the back seat and beat
Lezcano.
Montoya
was originally accused of witnessing the beating but doing nothing to
stop or report it. The charge was changed to a simple neglect of duty
count.
Gonzalez
attended yesterday's session in hopes of reaching a settlement but his
case was held over when no compromise could be reached.
Neither
officer faces criminal charges.
The police department's case against Montoya and Gonzalez is based in
part on an accusation made by Clark. Clark resigned in 1997 from the
department, later blaming Montoya, his training officer, for his poor
performance evaluation.
Clark
subsequently filed a civil claim against the city. In that claim, Clark
alleges that Montoya had told him to form a ``human shield'' so no one
could witness the beating.
After
the incident, Clark's claim says, Montoya told him to ``write a false
police report deleting anything that happened between Gonzalez and the
suspect in the back seat of the automobile.''
The
report that Clark submitted said Lezcano refused to give a breath
sample and was taken to San Francisco General Hospital for a blood
sample.
At
some point, Clark said in his report, Lezcano kicked Clark and Gonzalez
and had to be placed in restraints.
*********
August 5, 2004 - A San Francisco civil jury rejected a plaintiff's
claim Wednesday that he was beaten and his civil rights violated when
he was arrested almost two years ago by then-San Francisco police
Officer Alex Fagan Jr. and a fellow cop.
The jury's
finding means 35-year-old James Smith is not entitled to collect
damages from the city.
Nine
of the 12 jurors, who spent a day deliberating the case, did find that
Fagan had threatened Smith when the officers confronted him for being
drunk and abusive on Sept. 18, 2002. But the jury unanimously rejected
the notion that Fagan's threat was either based on Smith's race or was
somehow in violation of his civil rights, as required for Smith to
receive damages from the city.
The
case has been widely seen as a dress rehearsal for another pending
trial against Fagan, who is facing criminal charges for a Nov. 20,
2002, off- duty street confrontation with two men over a bag of
fajitas.
Fagan,
who is no longer on the police force, is the son of former Police Chief
Alex Fagan Sr., who was the assistant chief at the time of the fajita
incident.
During
the San Francisco Superior Court trial that began last week, Smith
claimed he had been threatened with death and beaten while handcuffed
by an out-of-control Fagan Jr. and his partner, John Broucaret.
The
city's lawyer, Deputy City Attorney Sean Connolly, called Smith's suit
a "shakedown,'' saying there simply wasn't any evidence to support the
allegation that the drunken and belligerent Smith was repeatedly beaten
while being arrested at Haight and Cole streets.
Fagan
did not testify, and Broucaret flatly denied to the jury that any such
threat had been made to Smith or that the suspect had been beaten.
However,
Sgt. Vickie Stansberry, Fagan's supervisor, noted the threat in her
account of the incident.
In
another finding, nine jurors rejected the notion that Fagan had beaten
Smith, while three found he did. All 12 agreed that Broucaret had done
nothing wrong.
The
jury also agreed that neither officer had interfered with Smith's
constitutional right of free speech in complaining about police
misconduct.
City
Attorney Connolly proclaimed vindication for Fagan Jr., whose conduct
as an officer has triggered three other lawsuits against the city.
"The
man is happy -- it has been a long time for him,'' Connolly said of his
client. "Alex Fagan is perceived as an easy target. There was no
evidence to support the allegations.''
Juror
Chester Williams agreed, saying the panel found a lack of evidence to
support Smith's claims. Williams noted that the claimed injuries did
not appear as severe as one might expect based on Smith's account of
being repeatedly kicked and punched.
He
and other jurors lauded Sgt. Stansberry, who testified and whose
damning memo recounted Fagan's threat on Smith's life.
"She was
quite brave in doing that,'' Williams said of Stansberry's memo.
Smith
was not in court for the outcome. His attorney, Eric Safire, called the
verdict "a sad day for civil rights'' in the city.
"Basically,
they found that Fagan is a bad apple, but so what?'' Safire said. "By
their verdict, they found that it's OK to threaten a man, lie about it
on the stand and take the Fifth Amendment, and they still get a pass."
*******
07/09/2005 - Two San Francisco police officers -- already charged
criminally for allegedly giving alcohol and fireworks to underage girls
-- have been formally brought up on misconduct charges by the Police
Department.
Officers
Arkady Zlobinsky and Michael Turkington were charged last month with
misdemeanors of conspiracy and furnishing alcohol to minors. The Police
Commission is expected to hold a hearing on the charges in the near
future. The officers could face suspension or dismissal if found
guilty.
Steve
Johnson, who oversees legal representation of officers for the Police
Officers Association, the police officers union, declined to comment on
the case.
Both
officers were on duty and in uniform when many of the alleged incidents
happened in June and July of 2004.
Zlobinsky,
37, a seven-year veteran of the force, and Turkington, 34, an officer
for five years, are charged by the chief of police in the disciplinary
case with neglect of duty and general misconduct charges.
Zlobinsky
is charged with neglecting his patrol duty by ordering a 16- year-old
girl he met in a liquor store into a department vehicle, so she could
meet and possibly date his partner. The unnamed partner refused to meet
the girl in the June 20, 2004, incident, the charges state.
"By
soliciting a 16-year-old ... for the purposes of promoting romance with
(another officer) who was riding with him that night, while both of
them were on duty and in uniform,'' Zlobinsky violated department
orders and that was grounds for discipline or dismissal, the charges
signed by Police Chief Heather Fong state.
The
charges allege that Turkington took two 17-year-old girls and a 16-
year- old girl to West Sunset Park on June 30 of last year and gave
them a bottle of vodka and a bottle of Gatorade. Turkington allegedly
persuaded an unnamed officer to leave Taraval Station and meet him at
the parking lot of the West Sunset playground.
On
July 4 of last year, Turkington and Zlobinsky met the girls and asked
them if they wanted to shoot off illegal fireworks that had been
confiscated that night. The officers allegedly gave bottles of beer and
fireworks to the three girls.
"Any
reasonable police officer must know that such conduct violates the
standards of the department and is cause for discipline or dismissal
from employment,'' the charges state.
After
the girls went to other parties, the officers met up with them again.
At that point, the then-off-duty officers allegedly made advances on
two of the girls -- Turkington on a 16-year-old and Zlobinsky on a
17-year- old.
Zlobinsky
already faces department disciplinary charges in connection with a 2004
incident in which he allegedly released a domestic-violence suspect who
should have been arrested.
The
department disciplined him in 2003 for picking up women at a party and
driving them around while on patrol without telling dispatchers. He was
suspended for 15 days in that case, put on probation for two years and
ordered to write a 2,500-word paper "about the importance of SFPD
officers knowing and following department general orders."
*************
Feb. 16, 2005 - Off Duty U.S. Customs officer shoots unarmed
19-year
old Arab-American in head and face. Authorities state that officer
committed no wrong-doing and did not even book him for questioningThis
incident happened about 15 minutes from my house in the Madrid
apartment complex in Mission Viejo, CA on Feb 5, 2005.
As
far as a political discussion, this would probably fall under the same
category as Amadou Diallo Case, and Abner Louima in an example of law
enforcement brutality bordering on outright criminality. Here are the
relevant facts:
Early
in the morning on Saturday February the 6th around 1:30 am, Bassim
Chmait along with three other friends were walking through an apartment
complex heading towards a college house party. As they were walking
through the apartment complex one of the neighbors threw a soda can at
them from above. In frustration, one of the young boys threw the can
into the street, and continued walking down the pathway of the
apartment heading to the party. At that point Douglas Bates, an off
duty U.S.
Custom's officer, left his home with his badge in hand and gun drawn
confronting the group of 4 to 6 friends. . he started to yell at them,
and when the group of boys turned around, they saw the provoker yelling
at them about laughing and being too loud, he was heading towards them
pointing his gun a them with a badge in the other hand, yelling "You
don't want to fuck with a cop, do you?" Apparently he was upset at the
noise and commotion. Mr. Bates then pistol whipped one member of the
group. The aggressor was an off duty border patrol/homeland security
officer who was not in uniform, his name is Douglas Bates. The four
unarmed boys were questioning him, asking why he was pointing his gun
at them and begging him to put it down. One of the four boys that were
there kept asking the gunman to stop pointing the barrel of the gun in
his friends direction.
Because of that, the aggressor pistol-whipped his friend on the
forehead w/ the gun. Anticipating that the provoker was going to hit
his friend again Chmait Bassim got in front of his friends telling the
man to please put the gun down. Almost instantly the off duty cop shot
Bassim in the head and face by Douglas Bates. After shooting Bassim,
Mr. Bates simply walked back into his apartment. While friends were
screaming for Bassim and neighbors dialed 911. About 5 minutes later
the murder opened his door, with the gun still in hand and yelled at
neighbors to shut up, and he want back inside his apartment.
This
story comes straight from four witnesses, and neighbors that were there
when the murder took place, they saw and heard everything that occurred
that night.
You would think that this would be an easy case to prosecute. You would
think that Douglas Bates is in jail right now. But he’s not,
he’s a
free man, he was never arrested, he was never charged, he was never
even asked to come to the police station to give a statement. The
Orange County Sheriff's Department Spokesman, Jim Amormino stated, "We
treated this the same as we would any case. There was no clear evidence
of a crime being committed, so there was nothing to book him on."
*************
Jun.
18, 2004 - Two Palo Alto police officers did not violate department
procedures when they beat and pepper-sprayed a motorist last summer,
according to an internal affairs investigation, which admonishes their
supervisors for being too quick to fault the officers.
The
internal report, obtained by the Mercury News, concludes that ``had
both officers been properly interviewed on the night in question, all
their actions would have been legally justified.''
However,
officers Michael Kan and Craig Lee face criminal assault charges after
their July 13 confrontation with 60-year-old Albert Hopkins, who says
he was targeted because he is black. A preliminary hearing continues
Monday in Santa Clara County Superior Court on the case that has raised
questions about how Palo Alto police interact with minorities.
But
the 35-page report drawn from a re-enactment of the altercation and
interviews with 30 people -- including witnesses, doctors and
high-ranking police officers -- paints a picture of a by-the-book
following the law when they pulled a ``hostile and agitated'' Hopkins
from his car, then pepper-sprayed and clubbed him on the leg after he
refused to cooperate.
The
report says California's penal code gave the officers the right to both
detain Hopkins and ``use whatever physical force necessary'' when he
refused to step out of the car.
The
officers said they feared for their safety when Hopkins reached for the
console in his car. Furthermore, the report accuses senior
officers of
rushing to initiate a criminal investigation based on what one sergeant
described as a ``Readers Digest'' version of what happened at the scene.
*****
May 21, 2004 - The city of Oakland has agreed to pay $70,000
to settle
a lawsuit filed by a man who said he had been beaten by police
officers.
Brian
Johnson said officers had kicked, stomped and punched his head and
chest on July 9, 2002, after he walked away from them near his home in
the 2900 block of Magnolia Street in West Oakland.
Johnson,
who was on probation, was aware of alleged misconduct by former
officers known as "the Riders" in his neighborhood and "sought to avoid
contact with Oakland police officers," according to the lawsuit filed
last year by civil rights attorney John Burris.
Oakland
City Attorney John Russo recommended that the City Council approve the
settlement Tuesday night to avoid the risk of a harsher verdict at
trial.
*****
MAY 18, 2004 - A San Francisco police officer has been brought up on
charges of using excessive force for a baton blow that broke a woman's
arm during anti-war protests that tied up downtown last year.
Officer
Anthony Nelson, 33, who works at Southern Station, is charged with
improperly striking the protester March 20, 2003, then falsifying an
incident report to exaggerate the threat she posed when officers
confronted a line of protesters along Market Street.
The
demonstrator, Linda Vaccarezza of Sonoma, was treated for a broken
forearm. She recently filed a federal civil rights lawsuit.
"I'm
just happy someone followed through with it," said Vaccarezza, a court
reporter who said she lost work after the attack.
The
charges against Nelson will be lodged at Wednesday's Police Commission
meeting and could result in his suspension or dismissal.
Steve
Johnson of the Police Officers Association, which represents officers
before the Police Commission, declined to comment.
According
to the investigation by the Office of Citizen Complaints, Nelson said
he had been forced to hit Vaccarezza with his baton when she charged
him with a wood-backed sign.
Vaccarezza
told investigators that she had simply been complaining about how
police were treating other protesters at the time and had done nothing
aggressive.
****
04/07/05 - California - A San Diego police sergeant is to be
arraigned
Thursday in Riverside County on charges of sexually assaulting two
girls in Murrieta last July, an official said.
According
to the Riverside County District Attorney's office, Toby Freestone, 40,
has been formally charged with child molestation, sexual battery and
contributing to the delinquency of a minor. He has been ordered to
surrender to authorities at the Southwest Justice Center in Murrieta
Thursday morning.
Freestone,
who works in the SDPD's Special Events Unit, received word of the legal
action on Friday.
The
counts stem from alleged incidents involving two underage females back
in July 2004. A district attorney spokesman says the case was reported
to the Murrieta Police Department last month.
Specifically,
the veteran police officer is charged with two counts of child
molestation, one count of sexual battery, two counts of annoying or
molesting a child under the age of 14 and two counts of contributing to
the delinquency of a minor. Investigators confirmed the case involved
two underage females.
SDPD
officials say Freestone's police powers have been suspended and he has
not resigned.
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