"Ice" case hits snag as defense seeks to crack open cops' files
Here's a preview of tomorrow's story today. The story will be appearing in The Sun on Saturday. It's a case that former staffer Robert Rogers covered extensively and will continue to be tracked by the courts desk at The Sun.
By Mike Cruz
Staff Writer
An attempt to crack San Bernardino police personnel files by defense lawyers, who allege their clients were illegally held "on ice" by officers prior to being arrested, was stymied Friday by a missed deadline.
The defense lawyers had filed a motion, known as a Pitchess motion, to get information about any complaints made about at least one officer involved in a narcotics case.
But the city attorney's office, which is responsible for contesting such a motion, didn't receive notice before the required 16 court days, explained Senior Deputy City Attorney Robert Simmons.
Simmons confirmed his office was given only 15 days notice. A hearing on the Pitchess motion was set for Oct. 31 in San Bernardino Superior Court for defendants Toriano Jerome Houston, Maurice Lynell Lockett and Frederick Edward Williams during proceedings Friday.
The delay appeared to frustrate the court, which wanted to see progress toward a resolution or set dates for a preliminary hearing.
"I'm not going to hold up prelims on these gentlemen for a pending Pitchess motion," Judge John Martin warned.
As part of the case, San Bernardino Police is conducting an internal affairs investigation on at least of one officer involved, the defense explained.
An internal affairs officer, Steven Lyter, was identified by defense lawyers as being present in the gallery. Lyter later ignored reporters in a courthouse hallway.
At issue for the defense is Sgt. Bradley Lawrence who allegedly detained two defendants, or held them "on ice" without cause, while a search warrant was sought as part of a raid at a San Bernardino apartment complex.
The defense believes Lawrence's conduct may spread beyond this case. Lawrence's actions were first revealed July 2 in a complaint by Sgt. Michael Desrochers to department brass.
Generally speaking, internal affairs has a year to complete an investigation and could reach one of various outcomes, such as the charges being sustained, unfounded or the subject was exonerated.
"The chief has the final say," Desrochers said, outside of the proceedings.
Three other defendants, Carl Edward Alexander, McKinley Tarpley and Marquis Antoine Ware want to withdraw guilty pleas they entered as part of plea bargains before learning of the complaint about Lawrence.
Motions to withdraw those pleas, filed on behalf of Alexander, Tarpley and Ware, will also be addressed Oct. 31, the court said.
Alexander's lawyer, Deputy Public Defender Sam Knudsen, told the court he wants witness statements that were taken as part of the internal affairs investigation.
Hoffman countered that he had no access to the investigation or statements from it. He also said he didn't know the internal affairs officer present in court.
"I don't have anything to give," Hoffman said.
Hoffman later said, outside of court, that he hopes something comes out of the Pitchess hearing so that he can move forward with either a resolution or a preliminary hearing.
"We're in kind of in a holding pattern," Hoffman said.
Its about time they check those officers. No one realizes how may times cops beat up someone handcuffed. Those cops have no BALLS. I have seen so many incidents where officers beat people up and get away with it. I always advice everyone to file a pitches motion for the simple fact that one day those cops will get caught and always file a complaint against them because Internal affair usually looks at the cases yet never believe it but one day it will happen. If everyone would take the time, We would get rid of all those bad officers. JUST TAKE TIME TO DO IT CUZ I DO BELIEVE ONE DAY THEY WILL GET CAUGHT.