Recent news articles have sparked renewed concern about the pervasive issue of dishonest or lying police officers. Their actions have a profound impact on the integrity of the criminal justice system, which is of significant importance.
In our practice, we frequently encounter officers who have told half-truths or outright falsehoods about the circumstances leading to our client's arrest.
This dishonest behavior can affect every aspect of the criminal investigative process, including the justifications for initiating a traffic stop, probable cause used to justify an application for a search warrant, or our client's fabrication of consent to justify a warrantless search of their person and/or property.
Your criminal defense attorney plays a crucial role in challenging dishonest officers and exposing their credibility in court. The recent exposé by the Los Angeles Times on misconduct by Los Angeles County Sheriff's Deputy Jose Ovalle is a testament to this.
The original article is titled: "An L.A. County deputy fake evidence. Here's how his misconduct was kept secret in court for years." Read here.
As the Times reports, Deputy Ovalle was a potential witness in the cases of 237 separate criminal defendants who were convicted.
Police Misconduct
Shockingly, Deputy Ovalle had a history of misconduct, including planting false blood evidence, which was known to the Sheriff's Department but never disclosed to the vast majority of the defendants who were convicted.
Had defense attorneys been aware of this information, it could have been a game-changer in challenging Deputy Ovalle's credibility in a potential trial. The lack of disclosure of Deputy Ovalle's past misconduct is a symptom of a larger issue in California state courts. California has police privacy laws that are among the most protective in the country.
Your criminal defense attorney must demonstrate to the court, through the Pitchess motion process (see our page on Pitchess motions), that an officer's past disciplinary and personnel records are relevant.
Practically speaking, this means that many criminal defendants will never be able to access otherwise relevant records that affect the credibility of law enforcement witnesses before going to trial.
This lack of information can significantly influence a defendant's decision. Even if they believe they are innocent, they may choose to plead guilty or no contest to avoid the risk and financial burden of a jury trial.
The California Supreme Court is set to hear a case involving Los Angeles County Sheriff Jim McDonnell's attempt to disclose a list of problematic officers to State prosecutors. This case is significant as it could potentially change the current privacy regime and increase police accountability, a development worth noting. The outcome of this case could significantly impact the transparency and fairness of the criminal justice system in California.
The police officers' union has vigorously opposed this proposal on the grounds that it violates their members' right to privacy in their personnel records. At the appellate court level, Sheriff McDonnell was forbidden from disclosing the list of serious disciplinary issues based on California's very protective privacy regime.
Pitchess Motion
If you or someone you know is facing a criminal charge that you suspect is based on police dishonesty, it's crucial to act swiftly and seek legal advice to protect your rights. This step is not just important; it can make a significant difference in your case. Our experienced legal team is here to provide you with the guidance and support you need during this challenging time.
The first and most important step is to consider filing a Pitchess motion. This motion can be a powerful tool in your defense, as it can lead to the disclosure of any prior disciplinary issues involving the arresting officers. It's a step towards transparency and fairness in your case. This can include prior instances of the following:
- Falsifying evidence,
- Manufacturing consent to search,
- Lying in affidavits, or
- Engaging in racially discriminatory conduct, or
- Employing excessive force.
Part of the disclosure obtained may be the names and contact information of other witnesses who have had negative interactions with the officer(s) in the past. These witnesses may be called at a hearing on a motion to suppress or at trial to impeach the officer's credibility.
Aggressive litigation of the discovery in a criminal case prior to trial is one of the hallmarks of effective representation, which, unfortunately, many criminal defendants are denied due to financial and logistical realities.
Contact our LA Criminal Lawyers
If you or a loved one is facing a criminal charge in a Los Angeles County Superior Court that involves potential dishonesty by a member of law enforcement, remember, you're not alone. Our experienced California criminal defense attorneys are here to support you and guide you through this challenging time. You can rely on our team to provide you with the support and guidance you need during this difficult process.
As former district attorneys, our partners worked closely with police officers for over ten years, prosecuting misdemeanor and felony criminal cases. Now, in private criminal defense practice, our Los Angeles criminal defense lawyers at Eisner Gorin LLP have seen the other side of the system.
A criminal defense lawyer's tool in Superior Court is to file a Pitchess Motion, when misconduct against an officer is alleged by the defendant, to have the trial court review the officer's background - to determine if there have been prior complaints and to find possible defense witnesses who may have also had a run-in with the same police officer.
Our law firm employed this strategy in a drug case where an arresting police officer claimed to have obtained consent from my client to search his car (who denied providing it), and the court ordered the disclosure of three prior complaining witnesses who also claimed the officer falsely claimed to have obtained consent to search them. Contact us to review your case and legal options.
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