Pubdate: Thu, 09 Mar 2000 Source: Daily News of Los Angeles (CA) Copyright: 2000 Daily News of Los Angeles Address: P.O. Box 4200, Woodland Hills, CA 91365 Fax: (818)713-3723 Feedback: http://www.DailyNews.com/contact/letters.asp Website: http://www.DailyNews.com/ Author: Beth Barrett and Greg Gittrich AT LEAST 10 COPS ON SUSPECTS AS RAMPART PROBE GROWS The district attorney's criminal investigation into the Los Angeles Police Department scandal has identified at least 10 Rampart Division cops and other officers as suspects, sources close to the probe said Wednesday. Sparks fly over Rampart cost The officers, named in federal court motions, are under suspicion for a myriad of crimes, including evidence planting, perjury, assaults and attempted murder, according to the sources. The motions were filed this week to delay trial of civil cases growing out of the scandal in which officers allegedly abused suspects and planted evidence on them, leading to wrongful convictions of dozens and possibly hundreds of people. Prosecutors argued that the delay is justified to allow the criminal investigation to move forward. Cops named include the key informant, Rafael Perez, who agreed to expose crimes and acts of thuggery that he and others committed in exchange for a lighter sentence for stealing eight pounds of cocaine from an LAPD evidence room. All of the cops are either out of the department -- they resigned under pressure or got fired -- or on administrative leave. More cops tied to the growing scandal are expected to be named within the next few weeks as prosecutors prepare to file about a dozen motions seeking delays in civil lawsuits, said Deputy City Attorney Paul Paquette. "This is an acknowledgment that some of the defendants in these cases are targets of a criminal investigation," he said. Paquette is part of the city attorney's unit that has been overseeing the city's defense against dozens of claims from people who say dirty cops violated their civil rights, planted guns and drugs on them, and testified falsely in court to send them to prison. Many of the people who have filed federal civil lawsuits against the city have had their criminal convictions overturned in state Superior Court at the request of county prosecutors and police brass. District Attorney Gil Garcetti and the LAPD sought the delays, arguing in sworn declarations filed with the U.S. District Court that information unearthed during discovery motions related to the federal lawsuits could interfere with the criminal investigations. "A number of the individual defendants named in this action are either targets or subjects of our ongoing criminal investigation," wrote Deputy District Attorney Dan Murphy in the sworn statements. Murphy heads the county prosecutor's task force on corruption. LAPD Lt. Emmanuel Hernandez filed a nearly identical declaration in support of the stays. Spokesmen for the District Attorney's Office and the LAPD declined comment Wednesday. "Clearly it makes sense because we don't want to jeopardize the criminal cases," said one police source close to the ongoing investigation of corruption. There are no criminal charges pending against any of the officers, according to Murphy's declaration. When pressed recently, Garcetti said no criminal prosecutions are imminent. However, the documents filed in federal court indicate indictments against the cops will be handed down in the next three to six months or the investigations will be discontinued. fHelvetica f+b f-i s12 w12 l16Plaintiffs protest l14 On Feb. 25, Perez was convicted and sentenced to a five-year prison sentence on cocaine theft charges. He had faced up to 12 years, but received the reduced punishment for his cooperation with investigators. All of the cops targeted by investigators were named by Perez during his hours of testimony, according to confidential transcripts obtained by the Daily News. Prosecutors believe other potential witnesses will seek cooperation agreements, Murphy wrote in the federal court documents. One plaintiff's attorney, Gregory Yates, called the move a "big smoke screen" that allows the district attorney and the city attorney to investigate cases selectively while victims' rights are ignored. "The only ones who are being put on the back burner are the plaintiffs," said Yates, attorney for Ruben Rojas, who was jailed for two years after cops planted cocaine on him. Rojas was released last November at the county officials' request. Six Rampart Division anti-gang officers are named in Rojas' civil rights lawsuit against the city. Yates said he will challenge the city's request for a stay on the ground that no criminal charges are pending against any of the officers. "Don't these injured victims have the paramount rights?" Yates said. "Aren't these the people whose rights should be protected, rather than the right of the district attorney to prosecute at some time in the future?" Probe vs. lawsuits(: Whether or not any charges have been filed, stays can be granted under federal law if it can be illustrated that some of the defendants are the subject of a criminal investigation, Paquette countered. "Clearly this is a balancing test," he added. "There is a significant public interest in not compromising the criminal investigation. These were severe crimes committed by people who were supposed to uphold the law." The City Attorney's Office has asked for stays in the case of Javier Ovando, who allegedly was handcuffed, taken from his apartment and shot in the chest and the head by Perez and his partner, Officer Nino Durden, in October 1996. Ovando, framed with a gun by the officers, was released from prison after serving two years and 11 months of a 23-year sentence. Two other cops are named in the civil lawsuit. The city also has asked for a stay in the case of Jimmy Lee Render, who police illegally stopped, searched, seized and planted evidence on, resulting in a six-year sentence. He was released after serving 2 1/2 years. Two cops are named in the litigation. "There is a massive amount of information," Yates said. "It's not right for us to wait on criminal prosecution for years." - --- MAP posted-by: Derek Rea