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More details on raid Ripon officer's words, actions collide on tape
The Stockton Record ^ | Saturday, June 7, 2003 | Linda Hughes-Kirchubel

Posted on 06/09/2003 1:36:29 PM PDT by Henrietta

Further details emerged Friday concerning inconsistencies in a Ripon police sergeant's courtroom testimony about what happened at during a search of a rural Ripon home last year, a search that has prompted an FBI civil rights investigation.

Transcripts from the testimony of Sgt. Steven Merchant reveal numerous discrepancies between his version of events and those shown on a secretly recorded video of the search, which occurred in the 17000 block of Colony Road.

Manteca police Officers Steve Harris and Sam Gallego, who worked on the Manteca Chronic Offenders Problems and Solutions task force, have been placed on leave after the videotape showed them pulling a gun on an unarmed, handcuffed man.

The Nov. 7 search took place in a small shed where James Walton lived that was attached to his mother's garage.

"We can kill you right here," said an officer, identified by the San Joaquin County Deputy Public Defender's Office as Gallego as he held a gun to Walton's head.

As a result of that raid, Walton appeared in court last month on charges of possession of methamphetamine and being a felon in possession of ammunition.

Merchant testified May 16 on behalf of the prosecution. But the charges were dropped after his deputy public defender, Peter Fox, showed the videotape to Deputy District Attorney Phil Urie.

Under oath, Merchant told a story that sharply differs with events of the videotape as Fox quizzed him for details of the search.

Officers brought no search warrant to the Colony Road residence because, Merchant said, they were doing a parole and probation search for a woman believed to be Walton's girlfriend. He said he had information she was living there, though he later admitted records showed her to have a Modesto address.

"I had heard she was living in Modesto," Merchant said. "I didn't know exactly where." ::: Advertisement :::

The videotape, which is blurry and dark, clearly shows several officers, including Gallego and Harris, entering Walton's home without knocking or giving notice, as is legally required.

It shows officers bursting into Walton's room as he eats a bag of candy. Swarming around him, shouting and using profanity, the officers order him to put his hands on his head.

But that's not what Merchant told the court.

"We said, 'Police department. Open the door,' " Merchant said. "He opened the door. ... Right after he opened the door, we were asking him to see his hands. We had information he may have a shotgun, ... so we asked to see his hands."

Merchant said he shined his light into the shed, which was "6 or 7 feet wide, saw ammunition on a shelf and alerted his colleagues.

"I said, 'ammo,' " Merchant testified. "That indicated to my partner that he might have a weapon on him. ... If you say 'ammo,' it means ammo and possibly a gun. If you say 'gun,' it means there's a gun."

No one can be heard on the tape saying "ammo," though officers are shouting, sometimes over each other.

Merchant also testified Walton was probably handcuffed outside the shed.

"Like I said, (he was handcuffed) right at the doorway," Merchant said. "I think it was just outside, but I can't remember."

But the video clearly shows officers cuffing him in the middle of the small room as one, identified as Steve Harris, says, "We're the (expletive) MCOPs."

"Good. I'm proud of you," Walton replies.

"What'd you say? What'd you say?" shouts one of the officers as Harris threw Walton on the bed. "What the (expletive) is the matter with you?" Gallego pulls a gun, leans down and tells Walton: "We can kill you right here."

Gallego and Harris await the outcome of an internal investigation into their actions during the search and arrest, and the FBI has launched an investigation into whether they violated Walton's civil rights.

Meanwhile, the District Attorney's Office is considering whether to charge Merchant with perjury and Gallego and Harris with any criminal charges.

Fox said San Joaquin County Superior Court Judge William Murray, who presided over Walton's case, prompted the investigation into perjury charges after seeing the videotape.

Murray told Urie he wanted to be called as a witness, Fox said.

Fox said he believes every San Joaquin County judge should see the videotape.

"It concerns the administration of justice in San Joaquin County," he said. "I think every judge should see it. The ones who do want to see it are doing their job. The ones who don't want to see it should wake up. I think it's sobering."


TOPICS: Crime/Corruption; Culture/Society; Government
KEYWORDS: abuse; cops; donutwatch; police; raid
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Another case of cops lying under oath to make their actions seem reasonable and justified. For the protection of the public, I think it's high time we wired our public servants and recorded their every movement, so we can see exactly what they are up to on the job. After all, if they don't have anything to hide...
1 posted on 06/09/2003 1:36:29 PM PDT by Henrietta
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To: *Donut watch
ping
2 posted on 06/09/2003 1:36:45 PM PDT by Henrietta
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To: Henrietta
I think it's high time we wired our public servants and recorded their every movement, so we can see exactly what they are up to on the job.

Good idea. After all, they work for us, right? (haha)

3 posted on 06/09/2003 1:42:35 PM PDT by Sir Gawain (You'd do it for Randolph Scott)
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To: Henrietta
"........I think it's high time we wired our public servants......."

As a retired cop, I think we should also.

While [we're] at it we may want to do the same with the politicians.

However, I'm afraid we will all be [wired] before that happens.

4 posted on 06/09/2003 1:46:29 PM PDT by G.Mason (Lessons of life need not be fatal)
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To: Henrietta
Oinker alert.
5 posted on 06/09/2003 1:54:14 PM PDT by jimt
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To: jimt
What's the matter?

Don't like pork?

6 posted on 06/09/2003 2:03:50 PM PDT by G.Mason (Lessons of life need not be fatal)
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To: STOCKHRSE
Hey! Over here!

Ripon, CA. About 5mi. from Modesto, CA
7 posted on 06/09/2003 3:14:08 PM PDT by alexandria ( T.A.K.E. {{"The All Knowing Entity."}})
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To: Henrietta
hang them.
8 posted on 06/09/2003 4:47:24 PM PDT by MonroeDNA (Unions and Marxists say, " Workers of the world unite!")
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To: Henrietta
For the protection of the public, I think it's high time we wired our public servants and recorded their every movement, so we can see exactly what they are up to on the job. After all, if they don't have anything to hide...

I think that's a good idea!

9 posted on 06/09/2003 5:19:31 PM PDT by Yeti
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Comment #10 Removed by Moderator

To: Henrietta
I'd like to see the post-action reports of every single officer involved. Here, we have a wonderful example of what passes for policing in this country. We all know what would have been the result of this illegal raid had there not been a video camera secretly (the secrect of it is the key here - if they'd known it existed, I'm sure a 'malfunction' would have been arranged) recording the entire incident. The cops would have been believed, and the fellow would have gone to jail. I don't particularly care if he was guilty of anything or not. The actions of the officers on the scene negates any use they would have been in testifying in court.

From what I've personally seen and heard, the abusive way these cops treated this guy is exactly the way 'justice' is administered these days by a bunch of JBTs who have watched too many 'Cops' episodes.

Wonder if there will be any of the standard poice state apologists who will show up on this thread.

11 posted on 06/09/2003 5:20:35 PM PDT by zeugma (Hate pop-up ads? Here's the fix: http://www.mozilla.org/)
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To: Pavlovs Dog
I does sound like defense sucker-punched them in the discovery phase.

"Hey, that doesn't count! I didn't know you could PROVE I was lying!"

12 posted on 06/09/2003 5:40:51 PM PDT by Yeti
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To: Henrietta
A friend of mine got arrested in another city when he decided to stay at the wrong hotel. He checked in went out and ate and came back. There was a rather large African American man standing near his room who asked him if "he wanted a ten". He said no. He was pressed furhter to buy it and he said "look all I got is 5 dollars" and attempted to walk off. The large man said that is enough and the door to one of the nearby rooms opened up and three cops tackled him.

When he went to court they testified that he approached the officer and solicited him for the rock. This guy doesn't even drink! He needed to take a misdemeanor and a huge fine to get out of it.

When he left the court room one of the officers laughed in his face and said "when we bust someone it sticks slick".

True role models.

13 posted on 06/09/2003 5:42:20 PM PDT by Nov3
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To: Nov3
"When he went to court they testified that he approached the officer and solicited him for the rock. This guy doesn't even drink! He needed to take a misdemeanor and a huge fine to get out of it."

That kind of crap happens more often than we think. Someone has to cop (no pun intended) a plea to something that they didn't do because of lying cops and witnesses who have some axe to grind, or are getting let off the hook for something they DID do in exchange for testi-lying.
14 posted on 06/09/2003 6:25:19 PM PDT by Henrietta
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To: Henrietta
Isn't lying under oath a felony? Where is the charge?
15 posted on 06/09/2003 6:57:55 PM PDT by Nov3
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To: Henrietta
As a result of that raid, Walton appeared in court last month on charges of possession of methamphetamine and being a felon in possession of ammunition.

The first crime has no victim and the second seems questionable to me - we might see less recidivism if we restored 2nd Amendment rights to ex-felons.

The whole premise of the raid smells.

16 posted on 06/09/2003 9:27:26 PM PDT by secretagent
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To: secretagent
The first crime has no victim and the second seems questionable to me,

Questionable why? After all if he had *GASP!* amunition he MUST have been planning to "use" it. Problem is, they never explain how their finding a couple of shotgun shells around (IE any where on the property) equates to "knowing" someone is going to buy, borrow, or steal a gun to use it with.

17 posted on 06/13/2003 2:13:10 PM PDT by alexandria ( T.A.K.E. {{"The All Knowing Entity."}})
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To: G.Mason
What's the matter?

Don't like pork?

I dislike it intensely when macho rambo-wannabe JBTs masquerade as police officers.

Guys like this need to be in jail instead of soiling the uniform.

18 posted on 06/13/2003 2:19:07 PM PDT by jimt
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To: alexandria
Problem is, they never explain how their finding a couple of shotgun shells around (IE any where on the property) equates to "knowing" someone is going to buy, borrow, or steal a gun to use it with.

And even if he had a gun, they had no evidence that he would use it for else than self defense.

19 posted on 06/13/2003 2:31:36 PM PDT by secretagent
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To: Henrietta
Two officers placed on leave??? Why aren't all of the officers involved in jail? How long can we put up with armed thugs mistreating people and lying about it under oath. Oh, I forgot. We've been putting up with it for too long now to change.
20 posted on 06/13/2003 2:42:17 PM PDT by FreePaul
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