Posted on 08/09/2005 10:11:27 AM PDT by SmithL
LOS ANGELES - A judge threw out a $6.5 million award to a former gang member who sued his public defender for failing to convince a jury he didn't assault two corrupt police officers.
Judge Tricia Ann Bigelow on Monday also ordered a new trail after finding that a juror committed misconduct and the panel improperly found Javier Ovando's former defense attorney was liable.
Ovando, 27, was convicted in 1997 of assaulting Rampart division officers Rafael Perez and Nino Durden and sentenced to 23 years in prison. He spent more than two years behind bars until it was revealed that the two officers had shot and paralyzed Ovando, then planted a gun on him and falsely accused him of assault.
After the conviction was overturned in 1999, Ovando sued Deputy Public Defender Tamar Toister and Los Angeles County, claiming Toister knew Rampart officers had a pattern of falsifying and planting evidence. In May, Ovando was awarded $6.5 million in the case.
Assistant County Counsel Roger Granbo welcomed Monday's ruling. "We think the legal grounds are in our favor and we're ready to proceed," he said.
Ovando's attorney, Gregory Moreno, said he planned to appeal.
"This is a jury of a cross-section of our community that clearly indicated that, based on the evidence, that Mr. Ovando was wronged," Moreno said.
In Monday's ruling, the judge said that juror Jennifer Salinas committed misconduct when she denied knowing about the Rampart scandal. Salinas starred in a 2004 film about the scandal called "Gang Warz."
The judge also found substantial evidence that the jury disregarded instructions, factored attorneys fees into their damage award and considered evidence not presented at trial.
Oh my G-D, a judge actually dispensing some common sense? Its such a refreshing breeze....
"In Monday's ruling, the judge said that juror Jennifer Salinas committed misconduct when she denied knowing about the Rampart scandal. Salinas starred in a 2004 film about the scandal called "Gang Warz.""
There was a brilliant one. "No sir, your honor, never heard of it before.....but does playing a part in a movie about it count?" Did she think someone wouldn't find out?....Sheesh
Yes. Further evidence that jury trials are lotteries.
Anyone know what happened to the "officers?"
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.