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News (Media Awareness Project) - US CA: Latest Rampart Case Focuses On Third Officer
Title:US CA: Latest Rampart Case Focuses On Third Officer
Published On:1999-12-02
Source:Los Angeles Times (CA)
Fetched On:2008-09-05 08:06:43
LATEST RAMPART CASE FOCUSES ON THIRD OFFICER

Police: Officials Fear Frame-ups Went Beyond Informant Perez And His Partner
And May Invalidate Hundreds Of Arrests.

Authorities increasingly suspect that frame-ups in the Los Angeles
Police Department's troubled Rampart Division went beyond
then-partners Rafael Perez and Nino Durden, and now are investigating
allegations that another officer planted drugs on a man and then
committed perjury to send him to prison. The framing of Walter Rivas,
a reputed gang member, allegedly was carried out by Officer Michael
Buchanan. "Who do you think they are going to believe, are they going
to believe you or me?" Rivas quoted Buchanan as saying shortly after
Rivas' 1998 arrest.

The scrutiny of Buchanan throws into question the validity of hundreds
of other arrests at the troubled Rampart station, sources close to the
investigation said. As other officers are added to the group under
suspicion of misconduct, the number of suspect criminal convictions
rises exponentially.

Buchanan, 29, was relieved of duty in October in connection with an
allegedly trumped-up weapons arrest he made with Perez, whose
testimony concerning misconduct at the Rampart station has put him at
the center of the expanding LAPD scandal.

Neither Perez, the ex-officer turned informant, nor Durden, his
onetime partner, played a role in the Rivas case.

Perez told investigators last month that he had information that
Buchanan planted drugs on Rivas and then falsely testified in court
against him, sending the gang member to prison for seven years.

Despite Perez's information and corroborating statements from the
alleged victim, prosecutors have not yet moved to overturn his
conviction. Sources familiar with the Rivas conviction complained that
officials in the district attorney's office were "dragging their feet"
because the case does not directly involve Perez and has the potential
to force the reexamination of so many more convictions.

Officials from the district attorney's office reject that notion,
saying they are committed to overturning all tainted convictions that
come to light.

So far, 11 convictions have been overturned and four men released from
jail or state prison as a result of the corruption investigation.
Charges in a pending case have been dismissed. All of those cases
involved Perez and usually Durden.

Perez, who says he is cooperating with authorities to clear his
conscience, is expected to receive a lighter sentence on cocaine theft
convictions on the basis of his information. Durden has been relieved
of duty and, sources say, eventually may face criminal charges. To
date, more than a dozen officers have been relieved of duty because of
the investigation, which has uncovered evidence of alleged beatings,
unwarranted shootings, drug dealing, witness intimidation, planting
evidence, perjury and other crimes and police misconduct.

In Rivas' case, investigators suspect that he was the victim of
planted evidence and perjured testimony.

Kimberly Wong, Rivas' attorney, said she recently was informed by the
D.A.'s office that Buchanan was under investigation, but had no idea
that ex-Officer Perez had alleged that her client was framed.

Nonetheless, Wong said, she already was convinced that Buchanan had
perjured himself on the stand and on Wednesday afternoon filed a
petition asking a judge to order Rivas' release from prison.

"My client is serving a seven-year prison sentence that he shouldn't
be serving at all," said Wong, a deputy public defender for Los
Angeles County. "He has always maintained his innocence."

James E. Trott, Buchanan's attorney, declined comment on the LAPD
investigation into his client, saying he has no information about the
department's probe.

According to court files, Buchanan testified that he and two officers
watched Rivas and another man sell drugs in the 500 block of South
Rampart Street about midnight on March 21, 1998.

Buchanan said he watched in secret as one man, then another,
approached Rivas and his friend Carlos Guevara. In the case of the
first man, after a brief conversation Guevara reached for a bottle on
the ground, removed a small object and handed it to Rivas, Buchanan
testified, adding that Rivas then handed the object to the man, who in
turn handed him money.

About five minutes later, another man walked up and a similar scenario
unfolded, the officer said. As soon as the money exchanged hands a
second time, Buchanan testified, he was sure that he had witnessed a
drug transaction and radioed for backup.

As two officers arrived and detained Rivas and Guevara, Buchanan said,
he searched the area where the two men were standing and found a small
bottle that contained what was later determined to be about 40 pieces
of crack cocaine.

Buchanan testified that he and one of his partners that night logged
the drugs into evidence together. The identity of that officer was
unclear from the testimony.

In a Nov. 5 interview at a state prison, Rivas told detectives
assigned to the Rampart corruption task force that he was framed,
according to police documents obtained by The Times. Fresh out of
prison at the time of his arrest, Rivas said, he had spent the day
drinking Corona beer and was walking home from visiting an old
girlfriend when he and Guevara were stopped by police.

Within moments, Rivas said, he and his friend were against a wall,
searched, handcuffed and put in the back of a patrol car. Rivas said
he asked why he was being arrested, but was told only "you're going
in," the documents state.

Rivas said Buchanan initially questioned him about another man who
apparently had dropped some drugs on the ground near where Rivas and
Guevara were arrested. Rivas said he told Buchanan that he didn't know
what he was talking about. About two hours later, Rivas told
detectives, Buchanan returned and told him that he was being booked on
a charge of possession of narcotics for sale. It was then, Rivas said,
that the officer taunted him over whom a jury would believe.

Rivas and Guevara were tried and convicted. Guevara served a year in
jail and apparently has since returned to his native El Salvador.
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