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."
Good idea. After all, they work for us, right? (haha)
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.
Don't like pork?
I think that's a good idea!
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.
"Hey, that doesn't count! I didn't know you could PROVE I was lying!"
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.
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.
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.
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.
And even if he had a gun, they had no evidence that he would use it for else than self defense.
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