OCSD Code of SIlence - Explained by OCDA


Published on

Response by the OCDA to the Association of Orange County Deputy Sheriff’s (AOCD) ire as a result of the OCDA's use of the term "code of silence" to explain dismissal of People Vs. Hibbs

Is COS (code of silence) part of the OCSD’s culture, something that just happened to show up during the Pople Vs. Hibbs’ trial as the Orange County District’s Attorney (OCDA) alleges, or simply a figment of the OCDA’s imagination as the Association of Orange County Deputy Sheriff’s (AOCD) claim? - refer to: http://www.atwebo.com/cotobuzz/2009/OCDA/CotoOCDAHibbs.htm

Published in: Technology
  • Be the first to comment

  • Be the first to like this

No Downloads
Total views
On SlideShare
From Embeds
Number of Embeds
Embeds 0
No embeds

No notes for slide

OCSD Code of SIlence - Explained by OCDA

  1. 1. Case No: 08ZF0035
  2. 2. FTO Hibbs Deputy Wicks  Suspect Lares observed  Suspect shows Deputies in dark large jacket in an open beer bottle area of Brookhurst and  Refuses to be searched Ball in area of Anaheim  Suspect resists a pat- at 0200 hours down search; drops trench coat and flees on  75 degree evening; foot seemed unusual  Foot pursuit ensues,  FTO Hibbs and Deputy assisted by off-duty LAPD officer; suspect Wicks attempt taken into custody consensual contact to  Suspect is contact tased investigate during attempt to place handcuffs on him
  3. 3.  Prosecuted by OCDA for felon in possession of a firearm, PC 148, PC 148.9, HS 11357(b) for this incident (sentenced to 32 months State Prison)  Criminal History Convictions:  211 (SP prior)  Multiple 148.9s  Vandalism (misd)  Domestic Violence (misd)  X2  245 (a) (1) (misd)
  4. 4.  Dep. Wicks assigned to September 1 - 30, 2007 FTO Hibbs  Report #07/181334: September 13, 2007  Hibbs Internal Memo: September 13, 2007  Sgt. Gunzel’s memo: December 13, 2007  OCSD Internal Crim Inv.: Dec 18, 2007 – Jan 23,2008  Grand Jury Testimony: August 18, 2008; August 21, 2008; September 10, 2008  OCSD Meeting: February 26, 2009  Jury Trial: March 20, 2009 – April 9, 2009
  5. 5.  FTO C. Hibbs (14 years)  FTO B. Thomas (12 years)  Deputy J. C. Wicks  Patrol Trainee ( 7 years)  Deputy T. Hoffman  Patrol Trainee (7 years) FTO Hibbs  Sgt. R. Long (28 years) FTO Thomas Deputy Wicks Deputy Hoffman Sgt. Long
  6. 6. Sgt. Long (Not present until conclusion of the use of force) FTO Thomas Arrestee Lares FTO Hibbs Deputy Wicks Deputy Hoffman
  7. 7.  Report Includes:  Authored by Deputy  Facts leading to consensual Wicks No documentation in original arrest report foot pursuit encounter and  indicating any second useof FTO Hibbs’ use of contact Taser Reviewed by FTO force ie. Taser Hibbs during handcuffing of arrestee at the conclusion of foot pursuit  Approved by Sgt. Long  Locating firearm in jacket  Arrestee taken back to the patrol right rear of that vehicle  Abandoned jacket is searched and a loaded 9mm semi-auto is located  Suspect arrested for felon in possession of firearm, possession of marijuana, resisting arrest, false identification to a police officer.
  8. 8. Documents first use of force; no mention about second use of the Taser
  9. 9.  Supervisor at scene  Signs off on Dep. Wicks’ crime report  Never told about second use of force
  10. 10.  Lt. Gallivan inquires of Sgt. Gunzel about FTO Hibbs and a transfer opportunity on December 13, 2007.  Sgt. Gunzel shares with Lt. Gallivan that there is “locker room” banter regarding FTO Hibbs and the inappropriate use of a Taser on an arrestee.  Lt. Gallivan then requests Sgt. Gunzel to gather more information about that alleged incident.  Sgt. Gunzel calls FTO Thomas at home and interviews him over the telephone, which is not recorded.
  11. 11.  Q: “Lieutenant Gallivan told you to find out exactly what happened; correct?”  A: “Correct” (26, 15-17)
  12. 12. FTO Thomas
  13. 13. FTO Thomas Deputy Hoffman
  14. 14. FTO Thomas Deputy Hoffman
  15. 15. FTO Thomas Deputy Hoffman
  16. 16.  FTO Hibbs placed on Administrative leave December 17, 2007.  Homicide Investigator S. Lang is assigned as lead investigator into the matter on December 18, 2007.
  17. 17.  Inv. Lang conducts investigations of the following:  Arrestee Lares: gave statement to Sheriff’s Homicide Investigators  Sgt. Long: gave statement  LAPD Andersen: gave statement  Sgt. Gunzel: gave statement  FTO Hibbs: refused to give statement  Deputy Wicks: refused to give statement  Deputy Hoffman: refused to give statement  FTO Thomas: refused to give statement  FTO Thomas’ patrol vehicle video system did not capture Hibbs/Wicks’ patrol vehicle that was parked in front of the Thomas/Hoffman patrol vehicle.  Thomas/Hoffman audio equipment associated with PVS was not turned on.  Hibbs/Wicks' patrol video microphones on belt were not turned on.  Dispatch call by Dep. Wicks recorded FTO Hibbs yelling at suspect.  On or about January 23, 2008 the OCSD requests the OCDA to file felony criminal charges on FTO Hibbs as follows:  Penal Code section 149: Battery by a Public Officer under color of authority without lawful necessity.
  18. 18.  OCDA reviews OCSD  Grand Jury convenes and the reports following witnesses testify:  Arrestee Lares  OCDA schedules Grand Jury  LAPD Officer Dan proceedings to conduct a Andersen criminal investigation to  Deputy Bryan Thomas determine if FTO Hibbs used  Deputy James Wicks excessive force on September  Deputy Trenton Hoffman 13, 2007 with respect to the  Sgt. Robert Long second Taser incident.  Investigator Stacy Lang  Forensic Scientist Tara Christian  Deputy Theodore Wilder  Chandler Garrett, Taser International
  19. 19.  Grand Jury Finds as True:  Count 1: that Deputy Hibbs committed assault and battery on arrestee under color of authority  Count 2: that Deputy Hibbs used unlawful force with a Taser on arrestee
  20. 20.  Q: “Did you ever notice the suspect that was in the back rear of the patrol unit become physically uncooperative?”  A: “Physically as in combative? I did not see that.”(158, 20-24)  Q: “Did he ever appear to you to be flailing while in the back of the patrol unit?”  A: “I would say fidgeting, just moving around readjusting himself.” (158, 25-26; 159, 1-2)  Q: “Do you recall before Deputy Hibbs used the taser gun, Deputy Hibbs asking this subject for his name?”  A: “Yes.” (181, 7-9)
  21. 21.  Q: “Did you see anything in your mind that would have justified using a taser at that point in time? Did you personally see anything?”  A: “From the perspective that I was, I did not.” (169, 10-12)  Q: “You didn’t see the subject coming towards the officer right? His head wasn’t coming towards officer?”  A: “No.” (169, 19-22)  Q: “The subject from as far as you can tell wasn’t kicking at the officer, or could you see that if that did happen?”  A: “I assume I would see upper body movement with the kick. I didn’t see that.” (169, 23-26; 170, 1)
  22. 22.  Q: “And at some point after the final taser sound that you heard, what was the next thing that you recall happening?”  A: “Well, at that point it was in my mind that this is enough, we have to stop this. And at that point, he put his taser away and that part of the incident ended.” (174, 13-18)
  23. 23.  Q: “And do you recall what the response was by the subject before he was tased?”  A: “He refused to give it. But I don’t remember what he said.” (181, 7-13)  Q: “Do you recall Deputy Hibbs saying anything about give me your true name or anything like that before he tased him.”  A: “Give me your name or what is your name or something to that effect, you know. I won’t quote him because I don’t remember exactly what was said. But it was him trying to get the guy’s name out of him.” (181, 14-20)
  24. 24.  Q: “You were never told the subject kicked Deputy Hibbs, right?”  A: “Correct.” (182, 20-22)  Q: “You were never told that the subject came at Deputy Hibbs?”  A: “Correct.” (182, 23-25)  Q: “OK, and how was Deputy Hibbs behaving before he used the taser gun when you noticed that the subject was not giving his name to him?”  A: “He appeared frustrated.” (182, 26; 183, 1-3)  Q: “That night did Deputy Hibbs explain why he tased the suspect?”  A: “No” (206,8-9)
  25. 25.  Q: “When you placed suspect Lares in the back of your patrol car, his feet were inside the patrol car?”  A: “Yes, sir.” (25, 8-11)  Q: “You don’t let a defendant who you just arrested dangle his feet outside the patrol car, do you?”  A: “No, sir.” (25, 13-15)  Q: “He’s placed in the footwell in the rear passenger side of your patrol car?”  A: “The subject, yeah.” (25, 21-23)
  26. 26.  Q: “And at some point in time you looked up and saw now the rear passenger door was open and Deputy Hibbs was standing right in front of that passenger door?”  A: “Yes, sir.” (34, 17-20)  Q: “And so you’re facing basically the patrol car, and the first thing in front of you is the trunk of the car with the gun on top of it?”  A: “I was on the side. The car was parked along the curb, so I was standing on the curb on the side of the car at the trunk.” (35, 24-26; 36, 1- 3)  Q: “Passenger side or driver’s side?”  A: “Passenger side.” (36, 4-5)
  27. 27.  Q: “Why do you believe it was Deputy Hibbs’ taser that was deployed upon suspect Lares in the back of the police car.”  A: “Well one, I mean, I just know it was Hibbs. There was no one else there. That’s why we’re here.” (39, 10-14)  Q: “He told you he tasered arrestee Lares in the back of the police car, did he not, at some point in time?”  A: “No, he never told me he did. I mean, he didn’t have to. I knew he did.” (39, 22-26)
  28. 28.  Q: “Did Deputy Hibbs tell you that suspect or arrestee Lares was resisting arrest in the back of the police car when he was tasered?”  A: “Did he tell me that?”  Q: “Yes.”  A: “No.” (40, 15-20)  Q: “Did you ever observe arrestee Lares resisting arrest or struggling in the back of the police car after he was handcuffed?”  A: “Did I observe? “  Q: “Yes.”  A: “No, sir.” (40, 21-26)
  29. 29.  Q: “Did you hear arrestee Lares what you would consider struggling or physically resisting arrest in the back of the police car when Deputy Hibbs tasered him?”  A: “Did I hear him—no. I heard him being tased.” (41, 1-5)  Q: “Thinking back right now, did arrestee Lares do anything to justify being tasered in the back of the police car while he was handcuffed?”  A: “No.”  Q: “You’re sure of that?”  A: “Yes, sir.” (41, 6-11)
  30. 30.  Q: “In that graveyard shift change when the talk is going on among the fellow deputies, locker room banter is how it’s been described of Deputy Hibbs tasering. It was– the banter was not about tasering him out at the scene when he was struggling when you had to capture him and handcuff him, the banter was about tasering him in the back of the police car, was it not?”  A: “Yes, sir.”  Q: “What things were said by anybody?”  A: “What’s your name, what’s your name, clack, clack, clack, clack. Tell me your name, clack, clack, clack, clack.” (41, 12-23 )
  31. 31.  Q: “Deputy Hibbs laugh about that one?”  A: “His locker’s not in my row, so I don’t know.”  Q: “There had to be a bunch of laughter going on about that one?”  A: “Yeah. I don’t know specifically if it was him or not.” (41, 12-26; 42, 1-3)
  32. 32.  Q: “Deputy Hoffman was right next to you, so he had to hear what you heard? Your best guess?”  A: “Yeah, he was right next to me.” (44, 1-3)  Q: “And during that entire period of time, did arrestee Lares do anything that would necessitate the use of the taser on him while he was handcuffed in the back of the police car?”  A: “As far as I know, no.” (46, 16-20)  Q: “And Deputy Hibbs basically approved your police report for Lares that evening?”  A: “Yes, sir.”  Q: “So, he didn’t say put in the fact that I tased Lares in the back of the police car, did he?”  A: “No, sir.”  Q: “Did he ever talk about that?” 
  33. 33.  Q: “Was there kind of, hey, you’re both trainees, we can’t say anything, we just need to keep quiet about this. Was it that kind of an attitude out there?”  A: “I mean, I was a trainee. It wasn’t my place to open my mouth. You know, the other two guys, Deputy Thomas, Deputy Hibbs, they’re experienced patrol guys and training officers.” (49, 24-26; 50, 1-4)  Q: “Did you ever ask Deputy Hibbs if that was proper to administer it that way?”  A: “I did not.”  Q: “You already knew it wasn’t proper; is that correct?”  A: “Yes, sir.” (52, 24-26; 53, 1-3)
  34. 34.  Q: “Were you near that police car at any point in time where you heard the Taser being deployed?”  A: “I don’t remember.”  Q: “Could it have happened, but you just don’t remember?”  A: “Yes, sir.” (103, 2-7)  Q: “Did you ever hear anyone use this model X26 at any time after you arrived on Ball Road and Brookhurst?”  A: “No sir.”  Q: “Did you ever hear the sound of the clacking noise that you used - - that you demonstrated for us at any time after you arrived on the morning of September 13, 2007?”  A: “I don’t remember, sir.”  Q: “Did you ever recall seeing Deputy Hibbs approach anyone with a model X26 in his hand?”  A: “I don’t remember, sir.” (95, 13-23)
  35. 35.  Q: “Deputy Wicks said you were standing next to him when the taser was initiated against the arrestee in the back of the police car.”  “Now with respect to that, I’m going to ask you to search your memory right now, do you remember hearing the Taser being deployed on when the suspect was in the back of the police car? “  A: “No, sir. I don’t remember.” (102, 18-25)
  36. 36.  Q: “When you spoke to Deputy Thomas, did you ever discuss with him anything that you had seen occur in the patrol unit that Deputy Wicks and Deputy Hibbs were driving?”  A: “No sir.” (96, 2-5)  Q: “Do you recall Deputy Thomas asking you whether or not you saw what had happened at that particular call the morning of September 13, 2007.”  A: “No, sir.” (96, 10-13)  Q: “Did you ever acknowledge to Deputy Thomas that you had seen Deputy Hibbs use a taser on someone who was handcuffed in the rear seat of his patrol car?”  A: “No, sir.” (96, 14-17)
  37. 37.  The way Dep. Hoffman answered several questions about the Gunzel memo  A: “Sir, I know the memory you’re talking about in question, sir, and I don’t remember talking to Deputy Thomas all about Deputy Hibbs tasing a handcuffed inmate in the back of the car. I would remember talking to him about that sir.” (107, 20-26)
  38. 38.  Q: “…the grand jury is looking into the fact that we have some other deputies describing some specific conduct by Deputy Hibbs. And I’m trying to find out are they just mistaken about what they’ve viewed, because you can’t corroborate anything they’ve told us - - or is it the fact that maybe your memory - - you just don’t remember that event that well that night?”  A: “I don’t remember that event that well. If Deputy Wicks and Deputy Thomas gave you guys testimony, they are men of integrity and I know what they said is what they believe in and remember.” (111, 18-26; 112, 1-2)
  39. 39.  Q: “We’ve heard both of the other deputies, both Thomas and Wicks talk about some locker room activities going on. And one of them was - - not verbatim, but basically give me your name, clack, clack, clack, clack, meaning give me your name, and then the taser being applied?”  A: “Yes sir.”  Q: “In reference to Hibbs, have you heard that?”  A: “Have I heard that rumor, sir?”  Q: “Not rumor. Did you hear that in the locker room, those conversations by other deputies?”  A: “I don’t remember. I don’t remember anything specific. I do remember hearing, he had used a taser on someone that was handcuffed in the back of a car and he got talked to by the Sergeant and then the Lieutenant talked to him, but I cannot give you any specific rumors or jokes or anything that was going on about the department in the locker room. I was just trying to pass training. I didn’t want to go back to the jail.” (110, 5-22)
  40. 40.  Q: “When someone deploys a taser in the field, is there some type of procedure that a patrol officer must follow to document the use of that taser in the field?”  A: “There is.”  Q: “What procedures must a patrol officer follow?”  A: “They should document in their report their reason for use of the taser, justification for the use, and where it was used - - following to make sure that the patrol sergeant is notified.” (124, 21-26; 125, 1-4)
  41. 41.  Q: “When you spoke to Deputy Hibbs the early morning hours of September 13, 2007, did he brief you about what had happened earlier that morning?”  A: “Yes, sir, he did.”  Q: “What did he tell you?”  A: “He told me that he conducted - - he and his trainee conducted a ped stop on a suspicious person who was standing on the sidewalk, I believe who had a heavy coat on and I believe who had a can of beer in his hand. And when he approached the individual was somewhat uncooperative. He attempted to pat him down for weapons, and at that point in time, the person got away from him, he ran away from him. As he ran away from him, he stripped him from his jacket. Apparently he must have had enough hold on his jacket to hold it and the guy basically ran out of his jacket.”(131, 23-26; 132, 1-11)
  42. 42.  Q: “Did Deputy Hibbs ever tell you that - - first of all, did Deputy Hibbs ever tell you that how many times he, Deputy Hibbs, had tased the suspect while taking him into custody?”  A: “No, he did not. I don’t remember for sure. All I know he said is that they were wrestling with the guy. He was trying to get a taser on him. I don’t know how many - - if the tase was more than once or not.”  Q: “Did Deputy Hibbs ever tell you he tased this particular individual back in the patrol unit area where this individual was currently located when you were out on the scene?”  A: “He did not.” (132, 23-26; 133, 1-9)
  43. 43.  Q: “If that had happened, that he tased someone in the back of the patrol unit that’s handcuffed, is that something that was required to be documented in a report?”  A: “Absolutely.”  Q: “Is it policy for the person who actually uses the taser gun on a suspect to document it in their own report?”  A: “Yes.” (133, 14-22)
  44. 44.  Arrestee Lares  He admitted during his grand jury testimony that he committed the crime for which he was arrested, including carrying a loaded firearm  His grand jury testimony also corroborated that he was Tased in the back of the patrol car while handcuffed.  Taser download records produced by OCSD confirm that the Taser was activated nine minutes after the first activation. (corroborates witnesses testimony on second Taser activation).
  45. 45.  OCSD Meeting Participants:  Captain D. Nighswonger  Lt. Toni Bland  Investigator Stacy Lang  I/A Investigators including Gabrielle Peloquin  2 I/A Sgts  OCDA Meeting Participants  ADA Mike Lubinski  DDA Israel Claustro  Inv. Eric Ackerlind
  46. 46.  Pre-trial meeting to coordinate upcoming trial  Agreement that this trial would be presented as a joint prosecution by OCSD and OCDA  Request for OCSD to provide expert witnesses for use of force and report writing  Discussion of Sheriffs’ witnesses “going sideways”  Both parties felt it was important to have a Sheriffs’ presence at trial  Lead Investigator  Internal Affairs  Both OCSD and OCDA communicated regularly with each other from beginning to
  47. 47.  During the trial:  Lead Investigator S. Lang was investigating officer and was present during the entire trial working together with the prosecuting attorney.  Internal Affairs present during large portion of trial.
  48. 48. GRAND JURY JURY TRIAL  He placed Lares in rear passenger side of patrol vehicle: Feet were in foot well of backseat,  Q: Did you ever see person  not dangling.  Lares was not aggressive or actually resist combative or trying to get out. while he was  Never saw Gomez Lares resist seated in rear arrest or struggle while handcuffed in back of the patrol passenger seat vehicle. (40, 21)  “I did not see,  Never heard Lares struggle or physically resist in the back of the sir, no.” police car when Hibbs tasered  “I couldn’t see him. (40, 26) inside the  Could see back of Lares through rear window though it was dark. vehicle sir.” (54) (67, 14-17)  Lares was pleading mercy from deputy Wicks/Hibbs. (33, 11-12)  Lares was crying and complained of having difficulty breathing
  49. 49. GRAND JURY JURY TRIAL  Lares did not do anything to justify being Tased in the back  Did not see arrestee of the patrol vehicle while become combative, handcuffed. but “could not see inside the patrol  Was sure of it. (41, 8 -11) vehicle.” (54, 18-22)  Lares did not deserve to be  Lares did not Tased. (51, 20) become aggressive  Knew it wasn’t proper to use with FTO, but “I Taser on Lares. could not see sir.” Didn’t know what was going (55, 4) “I didn’t hear anything.” (55, 6)  on, thought it was a little ridiculous. (51, 20)  Did not see FTO “Lares was in the back of the car holding Taser, but  “could not see inside handcuffed.” the patrol vehicle.”  “I mean, we could have got his (54, 3) name another way.”(51, 25)
  50. 50. GRAND JURY JURY TRIAL  “I was on the  “I was at the rear of the side. The car was vehicle.” (43, 5) parked along the  “I was standing right behind curb, so I was the vehicle.” (referring to the standing on the area just behind the license curb on the side plate) (45, 16) of the car at the  “I should have been closer to trunk.” (35, 24 the right rear of the patrol and 36, 1-8) vehicle for officer safety.” (45, 2)  Dep. Hoffman was  “If I said the side, I meant on right next to him the side of the curb at the (Wicks) (44, 3) rear of the vehicle.” (78, 6-10)
  51. 51. GRAND JURY JURY TRIAL  Did FTO review police  Did not document second report? use of the Taser on Lares  If gave FTO a copy of while he was handcuffed police report? (84, 14) in the rear of the patrol  “I don’t recall” (84, 19) unit.  Again, I’m not sure that  Wicks wrote reports, [FTO] read the report. I Hibbs would approve can’t say for certain he them. (47, 15) did. Some reports he read, some he didn’t. (122,  FTO Hibbs approved 5) (119, 17) report for that evening.  Did FTO approve police (48, 13) report?  FTO Hibbs did not say  “I don’t recall” (133, 25) “put the second Taser use  “Not say for certain” (134) in police report.”  Wicks admitted he told  “Don’t know that I saw Grand Jury that Wicks the second Taser use, but I would write all paper, FTO
  52. 52.  If you use force, you write use of force report. (81, 13)  Admits documenting the first Taser use.  Explains he did not document the Taser use while Lares was handcuffed in rear passenger seat of patrol vehicle because he “didn’t see it.” I couldn’t write on that. I couldn’t see it. I couldn’t write on something I couldn’t see. (80, 24) (137, 17)  Intentionally left it out of police report, because he didn’t see it. (112, 11)  No justification for Taser use,NOTE:not see anything. (81) did Sgt. Long testified during  He couldn’t see from exactly where he September 6, 2007a trial that on was. (160) If report needed to be written, I(One week prior to incident) FTO assumed Dep. Hibbs would’ve written it. (160) Hibbs instructed Deputy Wicks on  It was not important to document Use of Forceuse in the OCSD the taser Policy and back of patrol vehicle. (158, 21) (161, 1) the document. signed off on
  53. 53. Sgt. Long (Not present until conclusion of the use of force) FTO Thomas Arrestee Lares FTO Hibbs Deputy Wicks Deputy Hoffman
  54. 54. GRAND JURY JURY TRIAL  If in a training team,  It is policy that the deputy who did not person who actually actually use the Taser uses the Taser gun could document Taser on a suspect use. (133, 24 and 134, 1) document it in their  Deputy who actually own report. (133, 22) uses force DOES NOT have to personally document it, report writing deputy may document the use of force. (170)
  55. 55. GRAND JURY/TRIAL WICKS TESTIMONY (GRAND JURY AND JURY TRIAL)  Did not see or hear Taser being activated  Hoffman stood right after he arrived on scene. (95) next to Wicks when  Did not see or hear the Taser went off, Taser being deployed and Wicks could hear on the person in the it. (59, 25); (40, 20) back of the patrol unit (95).  GJ: Best impression  He was right there. was that he was not around when it happened. (103, 13)
  56. 56. Sgt. Long (Not present until conclusion of the use of force) FTO Thomas Arrestee Lares FTO Hibbs Deputy Wicks Deputy Hoffman
  57. 57.  Q: “Didn’t you tell investigators on that day when they asked you about this memo, he was upset, meaning Deputy Thomas, and maybe it was my assumption that Deputy Hibbs tased the guy because he was upset?  A: “I was trying to reconcile with myself how - -  Q: “Did you say that or not, sir.”  A: “Yes.”  Q: “So it may have been your assumption that Deputy Thomas thought he knew the reason for the use of that taser?”  A: “Yes.”  Q: “Not a fact. An assumption; correct?”  A: “I believe so.” (38, 13-25)
  58. 58.  Q: “He told you Mr. Lares got tased; right?”  A: “Yes.”  Q: “He told you Deputy Hibbs was upset?”  A: “Yes.”  Q: “But that nexus, that connection, he did this tasing because he was upset is not something that Deputy Thomas told you, is it?”  A: “No.” (39, 13-20)  ….  ….  Q: “That was another assumption, was it not?  ….  A: “Yes.”  Q: “An assumption. Not a fact; correct?”  A: “Yes.” (40, 1-9)
  59. 59. Sgt. Long (Not present until conclusion of the use of force) FTO Thomas Arrestee Lares FTO Hibbs Deputy Wicks Deputy Hoffman
  60. 60.  Penal Code Section 118.1: False Report Filed by Peace Officer  Penal Code Section 118: Perjury
  61. 61.  Omission in police report does not make it a violation of Penal Code section 118.1.
  62. 62.  Elements:  Under oath;  When the defendant testified, he willfully stated that the information was true, even though he knew it was false; and  The information was material.  No person shall be convicted of perjury where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant.  Even if the statement at issue is made under oath, and is material to the proceedings, it still must be proven that the witness “states as true any material matter which he or she knows to be false.”  In situations where the sworn testimony concerns opinions, estimations, or recitations of events, these elements are often