Pubdate: Tue, 9 Nov 1999
Source: Los Angeles Times (CA)
Copyright: 1999 Los Angeles Times
Contact:  Times Mirror Square, Los Angeles, CA 90053
Fax: (213) 237-4712
Website: http://www.latimes.com/
Forum: http://www.latimes.com/home/discuss/
Author: Matt Lait, Scott Glover, Times Staff Writers

2ND INMATE TO BE FREED IN RAMPART PROBE

A second prison inmate authorities now believe was framed by corrupt
officers of the Los Angeles Police Department's Rampart Division is
expected to be freed from custody this week, while another will be released
from parole and yet another will be ordered resentenced, according to
sources close to the ongoing corruption probe.

The three are among as many as 40 convicted individuals whose trials
authorities believe may have been tainted by Rampart officers' misconduct.
Two other men, who currently are fugitives, will have pending criminal
charges against them dismissed, sources added.

Former LAPD Officer Rafael A. Perez--the central figure in the unfolding
scandal--has been providing investigators with details of officer
misconduct in a number of drug and weapons cases. He has implicated himself
and his former partner, Nino Durden, in misconduct connected to the cases
set for action this week. Perez alleges that he and Durden planted evidence
on innocent people and then gave perjured testimony against them, sources
said.

Detectives have traveled to prisons throughout the state interviewing
inmates in an attempt to corroborate the disgraced officer's admissions and
allegations.

Durden's attorney could not be reached for comment.

Perez, who is cooperating with authorities to cut time off his cocaine
theft convictions, has implicated himself and Durden in the shooting of an
unarmed man, who was seriously wounded and then framed for assaulting the
police. Javier Francisco Ovando, the victim in that case, was released from
prison in late September after serving three years of a 23-year sentence.
He has since sued the city.

It is unknown how many inmates will be released from prison by the time the
spreading corruption investigation is concluded, authorities say.

In another shooting that Perez has characterized as improper, prosecutors
have acknowledged that there is new evidence that could help exonerate a
man who was shot by officers and then convicted of assaulting them.
Authorities have not yet disclosed the new evidence, arguing that its
release might damage the ongoing criminal investigation.

Several defense attorneys, and even some sources close to the
investigation, complain that officials are proceeding with unwarranted
caution when it appears that potentially innocent people are being allowed
to sit in prison.

The man who is expected to be released from prison this week has more than
two years left on his sentence for a drug conviction, sources said.

So far, the investigation--which still is being largely fueled by Perez's
information--has resulted in more than a dozen LAPD officers being relieved
of duty. Police officials expect more officers to be caught up in the
scandal. Some of them, sources say, will be disciplined, others fired or
even prosecuted for crimes.

Sources close to the investigation describe the probe as a painstaking
process in which detectives meet Perez at a secret location to question
him. The investigators bring boxes of case files, which Perez scrutinizes.

Even before Perez began cooperating with authorities in September,
informants, drug users and drug dealers from the Rampart area complained
that Perez and other officers in the division's anti-gang CRASH unit would
both steal their drugs and plant drugs on them to make an arrest.

Durden has been relieved of duty pending a disciplinary hearing on charges
that he, among other things, planted rock cocaine on a suspect, then
falsely arrested the person. Sources said Durden will probably be charged
with criminal offenses.

In the Ovando case, Perez accused Durden of planting a gun on the young,
unarmed man after shooting him. Perez added that Durden had seized the gun
during a gang sweep and kept it, filing off the serial numbers.

Framing suspects was encouraged by a sergeant in the CRASH unit at the
Rampart Station, police officials have said.

In a briefing to officers last month, Lt. Dan Hoffman said the sergeant
told officers under him that if they shot an unarmed suspect to plant a
weapon to make the shooting appear justified.

The sergeant was "quarterbacking the whole thing," said Hoffman, who was
unaware that a Times reporter was present when he spoke.

In fact, items seized from Perez's house after his arrest on cocaine theft
charges last year, and cataloged in a search warrant obtained by The Times,
may lend credence to the charges of evidence-planting.

In a box marked "CRASH" (Community Resources Against Street Hoodlums),
"Secret" and "Confidential" were a half-dozen knives and seven replicas of
handguns, which sources speculate may have been stockpiled for planting at
crime scenes. Among them was an air gun designed to look like an Uzi
assault weapon.

Also seized during the search was a torn piece of paper, which read: "Look
for the lowest person to help you with a crooked deal."

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