Fullerton Police Department: The Lies Caught on Tape

As a criminal defense attorney, sometimes it can be easy to think that our cases effect only our clients and that the facts of a case will never be significant outside of that client’s life. But other times, a case has greater significance than you could have ever guessed.

This past July, I was privileged to sit as co-counsel to Attorney David Borsari on a misdemeanor case in Fullerton. Our client was charged with resisting arrest, and assault and battery on a peace officer – a Fullerton Police Officer. The report clearly described that while one officer was trying to subdue a belligerent suspect (our client’s friend), our client was alleged to have interfered with Fullerton Police officers by jumping on the back of the arresting officer, and trying to choke the officer while on the officer’s back. Reading the report alone, we were thinking this could be a difficult case.

Fortunately, our client had video of the entire incident. Video that our client caught on his iPhone!!! With video in hand which clearly supported our client’s case – that he didn’t do it – we were sure this case would be dismissed. But no, it wasn’t. Our case went to trial and our client was vindicated with all not guilty verdicts!

The case went to trial because the officer who alleged in his report that he pulled our client off the arresting officer’s back, claimed that the incident occurred before the video started recording. Unfortunately for him, we made his perjury clear to the jury. It was also clear in the video. This officer, testified that he was the first officer on the scene to help out the arresting officer dealing with the other belligerent suspect. As the first officer on the scene, he testified that the first thing he did was pull our client off the arresting officer’s back. He testified that he was 100% sure that it was our client our that officer’s neck. The incident is all on video, except that the person on the arresting officer is not our client, since our client was the one videotaping!!!

Later in the video, another “well-trained” Fullerton Police officer smacks the iPhone from our client’s hands and throws him around like a rag doll. Our client falls limp under the assault. This is all on camera, because another bystander picked up the iPhone to capture our client’s assault on video too. There is some speculation that the officer who assaulted our client is one of the six officers who used excessive force against the latest Fullerton Police Department victim, Kelly Thomas.

We can only hope that this officer gets what is coming to him (criminal charges), and the Fullerton Police Department takes note of its rogue officers and does something to instill trust within its community again.

View the video here.

What happened to Innocent until PROVEN guilty?

Giovanni Ramirez. We all know the name of the man accused in the beating of Bay Area paramedic Bryan Stow in the Dodgers’ Stadium parking lot. Some even say he is the man who beat Bryan Stow on the evening of March 31, 2011. Certainly Police Chief Charlie Beck believes they have “the right guy.” This means that the men and women investigating this case in the LAPD are now on a quest to find evidence against Ramirez. With the belief that Ramirez is the right guy, the LAPD has tunnel vision and this puts any justice for the Stow family in jeopardy.

Shouldn’t the investigation focus on obtaining any evidence relating to the crime, and not focus on Ramirez? Because, even though Ramirez hasn’t been charged with any crime, aren’t we all innocent until proven guilty? Well, maybe not.

It turns out that the presumption of innocence only applies at trial. Yes, you read that right. So, really until a jury is sitting in that jury box the criminal justice system can treat you as if you are indeed “the right guy.” A defendant is presumed innocent only at trial. This is why you will rarely see a defendant in shackles at the defense table (shackles could prejudice the jury into thinking the defendant is guilty). The same is true for prison clothing, a jury could be prejudiced into thinking the defendant is guilty if they see him at the defense table in his prison clothing. But, none of this applies to the timeline leading up to trial.

Maybe the presumption should apply from the beginning. Especially in high profile, high pressure cases like this Bryan Stow beating. Without the presumption of innocence, police investigations focus on the one person whom the media and their police chief say is the guy. They may overlook other leads or evidence pointing to a different potential suspect. Yes, everyone cheers and tears up when someone is arrested for the terrible crime that was committed against Bryan Stow. And, maybe those same people will again cheer and tear up if Ramirez if charged and put through a trial. However, is it really justice for the victim and his family for us to focus on one guy (where the evidence is pretty weak) and ignore all other potential suspects? If he is later found guilty because of the pressure to lock anyone up for this crime, is that justice?

Ramirez’ legal team understands that the innocence presumption isn’t triggered until trial, so they are taking matters into their own hands. They plan to prove him innocent in the public court, before charges are filed in the legal court. Ramirez’ attorney has already lined up several dozen witnesses who assert that Ramirez was not at Dodger Stadium that night. His attorney has also subjected Ramirez to a polygraph test which clearly reveals his belief in his client because as defense attorneys know, clients always lie…..just kidding….. But it really is a serious step to take even before he has received any police reports and police witness statements. Most recently, Ramirez’ attorney has released a photograph of him circa the time of the beating. The photograph shows Ramirez with a full head of hair – not shaved as in the suspect sketches.

Ramirez’ attorney is also trying to get a hold of video tape footage from a hotel that Ramirez is supposed to have checked into the day after the beating. The tape would also show that Ramirez had hair and not a bald head. I commend the Ramirez legal team for all their efforts in proving innocence now, instead of waiting for the presumption to take over in trial. After all, the best way to win a criminal case is to avoid getting any charges filed to begin with! Then, the investigation can get back on track in seeking true justice for the Stow family. 

Long Beach "Life Savers" Offers FREE Public Workshop

**Come and listen to our very own Veronica R Guzman and the firm's Of Counsel Criminal Defense Attorney David J. Givot**

The Only Way to Protect Your Rights is to Know Your Rights

On Saturday, March 26, 2011, from 9:45 to 11:30AM at Marshall Academy of the Arts in Long Beach, the Long Beach "Life Savers" will present the first in a series of free educational workshop programs designed to help regular people defend their rights, avoid scams, and protect their financial health in this down economy.

"This is not a sales pitch," says Long Beach Immigration Attorney, Alice Tadros. "There will be nothing for sale. It is just vital information that most people never get to learn."

The Long Beach "Life Savers" is a group of attorneys and professionals who have banded together to give back to the community by providing the most important commodity of all: Information. "When people know the rules that others are playing by, the game is more fair." Said Veronica Guzman, a Landlord/Tenant Attorney.

The first program will feature information and advice from Attorneys who practice Immigration, Bankruptcy,Landlord/Tenant, Estate Planning, and Criminal Defense. Plus, participants will hear from experts in dealing with the IRS, the down Real Estate market, and protection for small business owners. Julaine Wagoner of Remax College Park did not mince words: "The goal of the Long Beach "Life Savers" is simply to help people not get hurt and the more we know about how things really work, the better off we will be."

Marshall Academy of the Arts is located at 5870 E. Wardlow Road in Long Beach and doors open at 9:30AM. The event is free and open to the public. This is an information only session. No product or service will be offered or sold. For more information, contact Julaine Wagoner at (562) 234-8888 or Amy Becker (562) 489-6979.

Please help the Long Beach Life Savers protect as many people as possible by sharing this post with everyone in your network or contact sphere.

Thanks!!

Our Own Criminal Defense Highlight

Here at the Law Office of Veronica R. Guzman, we like to highlight our work on our real life criminal defense cases. Here is a statement from a thankful family on a case in which our hard work was accomplished behind the scenes.

Know Your Rights and Be Smart

NEVER consent to a search. Not of your car. Not of your home. Not of your friend's apartment. Not of your person. NEVER.

NEVER resist a police officer by physically struggling or pushing away. Physical resistance is always illegal.  

NEVER (when you are a suspect) give statements to the police. Never sign anything. Just do not talk to the police at all, except to say "My lawyer has advised me not to answer any questions." Ask to see your attorney. Exception: You must provide the police with your legal name, date of birth, and address for identification purposes.

NEVER under any circumstances argue with a police officer if you have been drinking. That's a guaranteed trip to jail.