MARTINEZ — As the continuing federal and state prison investigation Pittsburg and Antioch law enforcement officials continues, Contra Costa prosecutors have dropped dozens of prison instances after figuring out the officers behind them can now not be trusted.
In a press release to this newspaper, Chief Assistant District Lawyer Simon O’Connell mentioned an ongoing evaluate discovered that “roughly 40” prison instances have been “compromised to the purpose they can’t be salvaged” on account of crimes and misconduct by officers who performed key roles within the investigation.
“At this cut-off date, because of the nature of the prison wrongdoing and misconduct of the concerned officers, roughly 40 instances have been compromised to the purpose they can’t be salvaged and have subsequently been dismissed,” O’Connell mentioned. “The cooperation of the Antioch and Pittsburg Police Departments has assisted significantly on this advanced endeavor.”
O’Connell mentioned the workplace “stays steadfast in preserving as many instances as potential.”
The DA’s workplace has refused to reveal which instances have been dropped, citing the continuing investigation.
Final March, the FBI and the DA confirmed there’s a joint investigation into unspecified crimes involving officers from Pittsburg and Antioch. Legislation enforcement sources, talking on situation of anonymity, have informed this newspaper the probe entails a number of officers and features a evaluate of use-of-force incidents, in addition to some form of involvement with cocaine and steroids.
The DA’s workplace has solely confirmed the investigation considerations a variety of offenses together with “crimes of ethical turpitude,” a authorized time period that refers to crimes involving, deceit or conduct that may “shock the conscience.” Notably, drug use alone shouldn’t be thought of against the law of ethical turpitude.
The evaluate entails figuring out officers suspected of prison conduct, carving them out of a case, and figuring out if sufficient proof stays for the costs to face. As an illustration, a case the place an impugned officer was the only real witness most likely wouldn’t proceed.
Moreover, the DA’s workplace has recognized about 40 different instances the place an officer beneath prison investigation was concerned, however not sufficient to swamp the prosecution. In these instances, they’ve made required disclosures to protection attorneys, O’Connell mentioned.
The authorized customary for such choices, sarcastically stems from an Appellate Courtroom case primarily based in Contra Costa, involving ex-Harmony Ofc. Matthew Switzer, who was convicted of stealing prescribed drugs from aged victims whereas on-duty. In that case, appeals court docket justices affirmed an auto theft conviction stemming from Switzer’s arrest, ruling that his testimony wouldn’t have materially modified the case. However they lambasted the prosecutor for failing to name Switzer throughout trial, writing it “smacks of gamesmanship” and that protection attorneys ought to have been concerned of Switzer’s case.
The DA’s evaluate is operating parallel to an analogous course of in federal court docket, the place no less than a dozen prosecutions have been halted or reversed, generally after the defendant already pleaded responsible or was sentenced. 5 of these instances concerned felony gun possession fees of people that have been arrested by Antioch police, a couple of by the identical officer, court docket data present.
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