MARTINEZ — As state and federal criminal probes into Antioch and Pittsburg police officers continue, Contra Costa County prosecutors have dropped dozens of cases after determining the officers behind them can no longer be trusted.
In a statement to the Bay Area News Group, Chief Assistant District Attorney Simon O’Connell said an ongoing review found that “approximately 40” cases have been “compromised to the point they cannot be salvaged” due to crimes and misconduct by officers who played key roles in the investigations.
“At this point in time, due to the nature of the criminal wrongdoing and misconduct of the involved officers, approximately 40 cases have been compromised to the point they cannot be salvaged and have subsequently been dismissed,” O’Connell said. “The cooperation of the Antioch and Pittsburg Police Departments has assisted greatly in this complex endeavor.”
O’Connell said the DA’s office “remains steadfast in preserving as many cases as possible.”
The DA’s office has refused to disclose which cases were dropped, citing the ongoing review.
Last March, the FBI and the DA’s office confirmed a joint investigation was underway into unspecified crimes involving Antioch and Pittsburg police officers. Law enforcement sources, speaking on condition of anonymity, have told the Bay Area News Group the probe involves several officers and includes a review of use-of-force incidents; cocaine and steroids are also said to be involved.
The DA’s office has only confirmed the investigation concerns a range of offenses including “crimes of moral turpitude,” a legal term that refers to crimes involving deceit or conduct that would “shock the conscience.” Notably, drug use alone is not considered a crime of moral turpitude.
The review involves identifying officers suspected of criminal conduct, carving them out of a case and determining if enough evidence remains for the charges to stand. For instance, a case where an impugned officer was the sole witness likely would not proceed.
In addition, the DA’s office has identified about 40 other cases where an officer under criminal investigation was involved but not enough to swamp the prosecution. In those cases, prosecutors have made required disclosures to defense attorneys, O’Connell said.
Ironically, the legal standard for such decisions stems from an appellate court case involving ex-Concord police officer Matthew Switzer, who was convicted of stealing prescription drugs from elderly victims while on-duty. The court affirmed an auto theft conviction stemming from an arrest Switzer made, ruling that his testimony would not have materially changed the case. But justices lambasted the prosecutor for failing to call Switzer during the trial, writing it “smacks of gamesmanship” and that defense attorneys should have been made aware of Switzer’s case.
The DA’s office review is running parallel to a similar process in federal court, where at least a dozen prosecutions have been halted or reversed, sometimes after the defendant already pleaded guilty or was sentenced. Five of those cases involved felony gun possession charges against people who were arrested by Antioch police, more than one by the same officer, according to court records.
Source: www.mercurynews.com