Pubdate: Thu, 30 Apr 2015
Source: Tucson Weekly (AZ)
Copyright: 2015 Tucson Weekly
Contact:  http://www.tucsonweekly.com/
Details: http://www.mapinc.org/media/462
Author: Maria Ines Taracena

LEGAL THEFT, PART II

A Lawsuit Against TPD From 420 House Owner, Moves Forward

Attorney Vernon Peltz points out two different concerns in Ron 
Johnson's case: his unfounded arrest and the seizure of money, 
jewelry, his medical marijuana and more the night of May 10, 2013 
(which is what triggered the lawsuit he filed this month on Johnson's 
behalf), and the attempt of a Pima County prosecutor to prolong the 
criminal proceedings, despite proof Johnson didn't participate in the 
shooting or drug transaction that evening.

The felony charges against Johnson were dropped June 2014, not due to 
the Tucson Police Department officers' alleged unlawful seizure of 
some of Johnson's property and his arrest, but because this 
prosecutor, for months, sat on evidence that could have cleared 
Johnson earlier.

Johnson has the transcript of a police interview with a the person 
involved in the armed altercation TPD cops responded to that night. 
In the transcript, a man who hung out at the 420 house from 
time-to-time, told police that Johnson was asleep in his bedroom when 
a drug-related transaction and then shooting took place.

"Ron was showing up in court month, after month, and what happened 
during this time, unbeknownst to everybody, the witness made a very 
detailed statement with the police and two of the prosecutors 
detailing his involvement and what had happened, and completely 
exonerated Ron," says Peltz. "The defense attorney got winds of it 
.' How come you had this for so long?' That is precisely why the 
judge was upset."

Prosecutors, "no matter what they did, no matter how bad it is, they 
are entitled to complete immunity," he says. If it weren't for this 
rule, the prosecutor, who shall remain nameless, would have been sued 
for holding back key evidence, according to Peltz.

"Police officers are entitled to qualified immunity, a step down from 
absolute immunity," he says, which means if there is an obvious 
violation against a person, there's grounds for a lawsuit.

The man's testimony wasn't the only thing that pointed to Johnson's 
innocence in the whole thing.

In a report dated June 7, 2013, there is a description of what went 
down that evening and there is no mention of Johnson participating, 
aside from standing in the front porch without a shirt on.

(In "Legal Theft, Part I: Owner of 420 House files a lawsuit against 
TPD claiming illegal forfeiture," April 23, 2015, we said Johnson was 
woken by loud noises and that when he opened the door, a TPD officer 
handcuffed him and shoved him in the back of his patrol car. But a 
police report says that Johnson said he heard loud noises described 
as "bam, bam, bam," and that when he left his bedroom, the front door 
was already open. He made it outside the house when the police arrived.)

The same report mentions that a warrant was granted via telephone by 
a Superior Court judge to search the cars at the scene and the 420 house.

Per civil forfeiture laws, the mere presence of those arrested-even 
though Johnson had absolutely no idea anything illegal occurred at 
the house-law enforcement was in its full right to take Johnson's 
computer, his gun, money, jewelry, etc. Forfeiture statutes say that 
any item at the scene of an alleged crime (and without much evidence 
of such alleged crime even occurring) is considered "criminal" and 
will be seized.

Regarding the money and jewelry, according to Peltz and Johnson, TPD 
did not list either one in a forfeiture claim you're supposed to file 
within 30 days, if you actually want/can fight to get your stuff 
back. However, a seizure report from May 23, 2013, says the cops took 
close to $600 from one of the 420 House bedrooms, and $38,400 from 
inside a safe, presumably the one that was drilled without Johnson's 
permission. (The jewelry isn't listed.)

A TPD spokesman said the department is unable to comment on ongoing 
legal complaints against them, so we may not hear from them until the 
lawsuit is settled.

Peltz is getting ready to serve the three TPD officers and the 
Department of Public Safety agent who arrested Johnson in two 
separate occasions.

The complaint against TPD Chief Villasenor and the department itself 
is to try to ensure law enforcement gets proper training when dealing 
with patients in lawful possession of cannabis and marijuana 
paraphernalia. (Although Johnson is a cardholder, TPD officers took 
away his medicine, plants, and other related items.)

This week, Johnson got some of his things back. By press time, he did 
not confirm which ones, but he did mention law enforcement said it 
would keep his gun in exchange for his computer.

The Tucson Weekly will examine that and other details of the 
complaint against TPD in upcoming weeks.
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MAP posted-by: Jay Bergstrom