It should come as no surprise to discover that the overall relationship between Law Enforcement Officers and Defense Attorneys is tenuous at best. While we may behave civilly toward one another, they believe we put bad guys on the street and we are sure everything they say is a lie.
Certainly, neither assumption is without some merit. It's true, the system is such that sometimes the bad guy goes free. Likewise, it is not uncommon for police reports to be...embellished. My career, thus far, as a Criminal Defense Attorney has shown me that there seems to be more "embellishment" than I ever imagined. Many of the police reports I read seem to contain as much fiction as fact. What's more disturbing is just how difficult it is to prove those lies...and they know it. They know that unless the case goes all the way to trial, and most cases don't because the risk is so great, there is very little chance of being caught.
But, every now and again, the proof gets handed to the defense on a silver platter. I love those days.
A short time ago, a colleague shared a passage from a police report regarding a new client of his. The report clearly described that, while police were attempting to subdue a belligerent suspect - and friend of the client - the client interfered with police by...now get this: Jumping on the back of an officer, grabbing him around the neck, and riding the officer piggy-back until the officer was forced to the ground where the client was removed and detained by other officers. Now that is an ugly scenario and very, very difficult to defend.
Like me, my colleague found it curious that, on those facts, the client was only charged with misdemeanors when clearly that constitutes felony battery on a police officer. Curious, that is, until my colleague showed me the iPhone video of the incident.
As you will see, what the officer reported is somewhat at odds with what actually happened. Of course, I predicted a fast and quiet dismissal once the defense turned the video over to the Orange County District Attorney. That was not the case.
The matter actually proceeded to trial and the officer told the "...jumping [and] choking..." story. That's right, under oath and on the clock, the officer lied with total impunity.
After you watch this video, ask yourself: What if there was no video? What if it was only the officer's (and the other officer's) word against the client's? Well, I am here to tell you, it happens all the time.
I know police have a very difficult job and I greatly appreciate and respect what they do and what they risk to keep me safe. But there has to be a line that cannot be crossed without dire and grave consequences. In this case, there were no consequences at all; no investigation into the misconduct, the false report, or even the perjury. The cop walks away free and the defendant, who was acquitted at trial, has an arrest record now as well as legal bills he should never have incurred.
If we cannot trust the police to protect us, then they are nothing more than yet another threat to the security they are supposed to provide; nothing more than criminals themselves.
They say that integrity is who you are when nobody is looking. Let me tell you, someone is always looking.
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