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OUTSIDE PROBE OF LAPD SCANDAL
for DA to Dismiss Cases En Masse
By Tina Daunt, Henry Weinstein,
LOS ANGELES, CA-Los Angeles County Supervisor Zev Yaroslavsky
branded the Rampart (neighborhood) police scandal an "assault
on democracy" Thursday, as local officials intensified their
calls for an independent investigation into the Los Angeles Police
Department's deepening corruption crisis. The Rampart situation
- in which officers allegedly conspired to put innocent people
in jail and to cover up unjustified shootings and beatings - warrants
a U.S. criminal civil rights investigation because there is evidence
of "a widespread pattern and practice of federal civil rights
violations" by Rampart officers, said lawyer Merrick J. Bobb,
an expert on police misconduct who advises the Board of Supervisors
and the Los Angeles Police Commission. (The FBI did begin an
investigation into civil rights abuses by LAPD in March, 2000.
WFI Editor)
Evidence of such a pattern has already led some legal experts
to warn that the cost of settling suits growing out of the scandal
will be significantly more than the $125 million initially projected
by the city attorney. In fact, City Hall insiders now say the
cost will virtually preclude any new initiatives in the next city
budget. City officials already have begun the grim process of
figuring out how Los Angeles will pay for the expected onslaught
of liability claims and lawsuits. "This is a black cloud,"
said Councilwoman Cindy Miscikowski, who heads the council's Public
Safety Committee. "Clearly we need to proceed with knowledge
and caution." Chief Legislative Analyst Ronald F. Deaton
told members of the council's Budget and Finance Committee to
start saving money now to help cover the costs. "We have
serious liability issues facing the city," he said. "We
have to put money aside."
As reported Thursday (02/10/2000) in the Los Angeles Times, disgraced
former Officer Rafael Perez, who is providing information in exchange
for a lesser sentence on cocaine theft charges, has told investigators
that more than 30 current and former anti-gang officers at the
Rampart station were "in the loop," constituting a secretive
group that routinely engaged in illegal shootings, beatings, perjury,
false arrests, witness intimidation, and other misconduct. More
than 70 LAPD officers are under investigation for either committing
crimes or knowing about them and helping to cover them up, according
to one document produced by members of a special task force probing
the scandal. That document and others were obtained by the Los
Angeles Times, along with the nearly 2,000-page transcript of
Perez's months-long interrogation. (The chief of police and Mayor
Riordan have both publicly claimed that they believe that the
abuses were restricted to the anti-gang unit at the Ramparts station,
but in an unexpected action during March, Chief of the LAPD, Chief
Parks, disbanded all the anti-gang units throughout the City of
Los Angeles, showing that there is probably reasonable evidence
that abuses occurred in every precinct. WFI Editor)
POLYGRAPH UPSETS PEREZ ATTORNEY
So far, 32 criminal cases have been reversed as a result of the
investigation, and 20 officers have been relieved of duty, suspended
or fired or have quit. Thursday, Perez attorney Winston Kevin
McKesson expressed outrage that the Los Angeles Times had published
stories based on documents he has yet to see. McKesson was particularly
upset at reports that Perez failed a polygraph examination. The
lawyer said the test was either incompetently administered or
"was done to ensure a false positive result. There's something
going on here, and we don't like it." In fact, sources close
to the investigation said Perez tested as deceptive even in areas
where his allegations have been corroborated. (Additionally,
another officer came forward in March, to back up the allegations
made by Perez. WFI Editor)
Dr. Edward I Gelb, a forensic psycho-physiologist and polygraph
expert hired by McKesson, said Perez was given a "mixed issue"
test in which he was asked questions about different topics.
The problem with such a test, Gelb said, is that if one question
makes the subject nervous, that reaction may color his other responses
as well. For example, if a suspect is asked about a burglary,
robbery and rape and reacts to the robbery, "he's failed
the whole test," Gelb said. "That doesn't necessarily
mean he committed the rape." In fact, officials at various
levels of government do not appear overly preoccupied with the
polygraph issue.
Alejandro N. Mayorkas, the U.S. attorney in Los Angeles, said
his agency is looking into the Rampart matter, but he declined
to comment on the scope of the investigation. Other sources close
to the U.S. attorney's office said that so far the agency is permitting
the LAPD and the district attorney's office to take the lead.
Federal authorities can enter the case on their own initiative,
if they believe civil rights violations have occurred.
Meanwhile, Police Commission president Gerald L. Chaleff said
he will ask his panel to revisit all the LAPD shootings on which
it has ruled. "The Police Commission has ultimate responsibility
for ruling on the propriety of police shootings," he said.
"If Mr. Perez's statements are true, then it is clear that
this commission and its predecessors have been misled. There
can be no effective civilian oversight in such a situation."
(These statements by the head of the "civilian" Police
Commission illustrate the power the police have to suppress civilian
efforts at oversight. It is precisely this kind of control that
makes the state itself a police state, dominated by the
law enforcement institutions; it should be understood, however,
that in a modern class-based society, it would be impossible to
disband the police without serious consequences; by the same token,
police should not be in a position to dominate the society, but
only to serve it by carrying out the laws enacted by a civilian
government. WFI Editor)
Yaroslavsky called the alleged actions of the Rampart officers
"an assault on democracy, an assault on our judicial system,
an assault on our way of life. I never would have believed it
was possible to think that LAPD officers would deliberately frame
people and then celebrate about these actions over a beer."
Along with district attorney candidate Steve Cooley, Yaroslavsky
has called for an outside investigation into the scandal.
One city official said he thought that one factor eroding confidence
in the investigation (into the Ramparts division scandal by LAPD)
is the sniping between LAPD chief Parks and the district attorney's
office. Publicly, the chief is pushing for more convictions to
be overturned and more criminal charges to be lodged against officers.
In turn, the district attorney's office has said that more work
needs to be done before taking those actions. "This is a
time where you want the prosecutors and investigators working
together as a team to reach a common goal," the official
said. "Here, its warfare."
Joining the fight, Public Defender Michael Judge reiterated Thursday
(02-10-2000) that the district attorney's office was not providing
sufficient information to enable public defenders to conduct meaningful
reviews of potentially tainted cases. In late January, chief
Parks said that he believed 99 people had been framed - up from
previous publicly stated estimates of 23 - and that he thought
the district attorney should dismiss cases "en masse."
In response to that announcement, the public defender's office requested the names of officers involved in the other 76 cases in which Parks was urging immediate action. On February 7th, the district attorney's office declined to release the information, saying "it might harm the entire investigation." SOURCE: Excerpted from the 11 February, 2000, issue of the Los Angeles Times, Orange County Edition, from an article entitled, "Officials Renew Calls for Outside Probe of Rampart." Reprinted in the public service of the national interest of the American people. |
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