Pubdate: Fri, 16 Nov 2001
Source: Contra Costa Times (CA)
Copyright: 2001 Contra Costa Newspapers Inc.
Contact: http://www.contracostatimes.com/contact_us/letters.htm
Website: http://www.contracostatimes.com/
Details: http://www.mapinc.org/media/96
Author: Scott Glover and Matt Lait (Los Angeles Times)

THREE L.A. COPS SUE DEPARTMENT

Men Were Prosecuted On Corruption-Related Offenses; Now File A Federal 
Civil Rights Lawsuit

LOS ANGELES -- Three Los Angeles police officers who were put on trial last 
year for corruption-related offenses have filed a federal civil rights 
lawsuit alleging they were falsely arrested, maliciously prosecuted and 
treated like "common criminals" by the LAPD and District Attorney's Office, 
their lawyer said Thursday.

"This ordeal has been devastating for them," said Etan Z. Lorant, who 
represents Officer Paul Harper and Sgts. Brian Liddy and Edward Ortiz. 
"They want vindication."

According to a 30-page lawsuit, the three contend their reputations were 
destroyed and they were publicly humiliated as a result of the high-profile 
monthlong trial.

The trial ended in November 2000 with Harper being acquitted on all counts. 
Liddy and Ortiz were acquitted of some charges, but convicted along with 
another officer of obstructing justice. Those convictions, however, were 
overturned by the judge, who ruled that she had committed an error that 
tainted the jury's verdict.

The district attorney has appealed the judge's decision to set aside the 
convictions. That appeal is pending.

Among the defendants named in the officers' lawsuit are Police Chief 
Bernard Parks, former District Attorney Gil Garcetti and ex-Officer Rafael 
Perez, whose admissions and allegations of police misconduct launched the 
investigation into what became known as the Rampart scandal.

The officers allege that Parks, Garcetti and others conspired to deprive 
them of their civil rights by falsely arresting them, searching their homes 
at gunpoint, fingerprinting them and bringing them to trial based on 
evidence elicited from convicted felons and liars.

The officers also accuse Parks and Garcetti of being "incompetent and unfit 
to perform the duties for which they were employed."

A spokesman for the Los Angeles Police Department declined to comment, 
saying it does not typically respond to pending lawsuits. Garcetti was not 
able to be reached for comment, but a spokeswoman for the District 
Attorney's Office said prosecutors continue to believe in their case.

The officers' lawsuit grew out of the April 26, 1996, arrest of an alleged 
gang member named Allan Lobos. All three officers were acquitted of charges 
related to that incident. Liddy and Ortiz were convicted of conspiracy and 
perjury in connection with another incident.

According to police reports, Liddy and Harper were partners that night. 
Ortiz was a supervisor at the scene and approved Lobos' arrest.

Liddy stated in his report that he saw Lobos apparently discard a handgun 
near the wheel well of a car as Lobos and other gang members fled from 
police. Liddy wrote in his report that he told Perez where to look for the 
weapon and that Perez recovered the gun.

Lobos was arrested and charged with being a felon in possession of a 
weapon. He pleaded guilty and was sentenced to one year in jail and three 
years' probation.

Perez, as part of an agreement in which he received five years in prison 
for stealing cocaine in exchange for identifying allegedly corrupt 
officers, told investigators Lobos was framed on the gun charge.

Perez said it was a patrol officer who discovered the weapon and that there 
was no evidence linking it to Lobos. Lobos, who was interviewed by LAPD 
detectives, denied having a gun. He said Liddy rubbed the gun against his 
fingers the night he was arrested and told him he was going to jail.

The officers allege in the lawsuit they were retaliated against by police 
and prosecutors because they did their jobs and kept "the public and the 
streets safe from the gang members and drug dealers."

Of the three, only Harper has returned to work. Ortiz and Liddy remain 
relieved of duty, pending the resolution of their court case and LAPD 
disciplinary matters.
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