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Posted: 6/3/2003 11:12:31 PM EDT
Anyone read this link from the videotaping thread? Due to the corraberating lies of these three cops, this guy was indicted and would have no doubt been convicted if not for the video tape. Nice to know they are still collecting their paychecks and made it home safely. [url]http://www.recordnet.com/daily/news/articles/060303-gn-1.php[/url] A videotape secretly recorded during a police search at a rural Ripon residence shows a Manteca detective threatening an unarmed, handcuffed man with a gun after the man made a sarcastic comment to the officers. "We can kill you right here," the detective, identified by the San Joaquin County Deputy Public Defender's Office as Sam Gallego, tells a handcuffed James Walton, 51, after Walton is thrown backward onto his bed. The tape -- provided to The Record on Monday -- first came to light after a third officer, Sgt. Steven Merchant of the Ripon Police Department, testified May 16 in Walton's case. Walton's attorney, Deputy Public Defender Peter Fox, said that Merchant made more than 30 statements contradicting what is shown on the tape. Fox represented Walton after the detectives on the videotape -- members of the Manteca Chronic Offender Problems and Solutions team -- arrested Walton the night the videotape was made. Walton installed a video camera for security purposes, Fox said, and was standing in his room eating Pop Rocks on Nov. 7 when several officers barged into his small, one-room dwelling attached to his mother's garage. The officers brought no warrant and gave no explanation about what they were looking for during the 90-second tape, which is blurry and dark. On the tape, an officer calls out, "Police department! Let me see your hands!" as several officers stream into the narrow space. For the next 60 seconds, officers scream and swear at Walton, calling him names as he stands with his hands behind his head. Deputy Public Defender Edward Healy identified two of the officers on the tape as Steve Harris and Gallego, officers each with nearly 20 years on the Manteca Police Department. Healy worked in the Public Defender's Manteca office and said he knows both Harris and Gallego. On the tape, Gallego and Harris stand on either side of Walton as Gallego handcuffs him. "We're the (expletive) MCOPS," says a voice Healy identified as Harris'. "Good," Walton replies. "I'm proud of you." ::: Advertisement ::: That's when the two officers throw Walton backward onto his bed, while one, who Healy identifies as Gallego, whips out a gun, points it at Walton, leans in close to him and says, "We can kill you right here." Walton was convicted of evading arrest and receiving stolen property for crimes that occurred nearly 10 years ago. He was not on probation at the time of the search. Police later said they went to Walton's dwelling looking for his girlfriend, who does not live with him. If she had been living with him, her status as a parolee would have allowed police broader search powers. Manteca police spokesman Rex Osborn confirmed that Gallego has twice been involved in fatal shootings. One occurred during the course of a SWAT team operation, Osborn said, while the other shooting occurred on Gallego's property. Osborn could not give dates or specifics on either shooting. Walton feared for his life as the events recorded on the videotape unfolded, Fox said. Walton was charged with one count of possession of methamphetamine and one count of being an ex-felon in possession of ammunition. But after Merchant gave testimony on May 16 about how the search unfolded, Fox showed prosecutors and the judge the videotape, which he said clearly refuted Merchant's version of what happened during the search. Merchant does not even appear on the tape, Fox said. "Once the judge looked at the tape, he realized everything the guy had said about the search ... was a lie," Fox said. "It's apparent Officer Merchant did not see Officers Gallego and Harris terrorize my client." Deputy District Attorney Phillip Urie immediately asked the judge to dismiss the charges against Walton and took the tape to his superiors at the District Attorney's Office. "We initiated an investigation within moments of the hearing's ending," Assistant District Attorney Jim Willett said. "At this point, it would be premature to make any more comments." The Fourth Amendment guarantees the right of people to be free from unreasonable search and seizure. The officers produced no search warrant during the incident and violated search-and-seizure rules by failing to knock and announce their purpose before entering, Fox said. Walton has obtained a civil attorney and is considering filing a lawsuit. In a letter to Ripon Police Chief Richard Bull, Fox said Merchant falsely testified "probably 30 to 50 times" during his court appearance. "Sgt. Merchant testified that ... he knocked, along with his fellow officers, on the door of the shed where my client lived and announced 'probation and parole search,' " Fox wrote. "He then testified that Mr. Walton opened the door ... and (Merchant) then shined his flashlight into the shed and saw ammunition boxed on a shelf, called out 'ammo' to his fellow officers and placed Mr. Walton ... under arrest." A viewing of the videotape revealed authorities did not knock or announce they were conducting a probation and parole search. No one on the tape can be heard calling out "ammo." Bull declined to comment on the specifics of the case. "All I can tell you is that it's a personnel matter and it's under investigation," Bull said. "(Merchant) has been assigned administratively in the office." Manteca Police Chief Charles Halford received a letter about the incident from the Public Defender's Office last week, Osborn said, and the Internal Affairs division opened an investigation on Harris and Gallego. Halford plans to review the tape today, Osborn said. Harris and Gallego continue to work the streets. "If they find there's a need to remove them from patrol, there's an administration remedy to do that, but as of now there's no need to do that," Osborn said. "We are very swift about investigating allegations against our department. If these guys were wrong, appropriate action will be taken." * To reach reporter Linda Hughes
Link Posted: 6/3/2003 11:19:26 PM EDT
Originally Posted By rileyindy: "If they find there's a need to remove them from patrol, there's an administration remedy to do that, but as of now there's no need to do that," Osborn said. "We are very swift about investigating allegations against our department. If these guys were wrong, appropriate action will be taken."
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Sure it will.. I believe you, really, I do!!!
Link Posted: 6/3/2003 11:35:25 PM EDT
LOL! Friggen MCOPS!?! They say those MCOPS is BAAAD MUTHAF... shut yo' mouth I'm only talkin' 'bout MCOPS!
Link Posted: 6/3/2003 11:39:44 PM EDT
So you guys hear about Sosa and his bat?
Link Posted: 6/3/2003 11:54:35 PM EDT
Nothing to see here, folks. Move along... cynic
Link Posted: 6/4/2003 12:03:20 AM EDT
Link Posted: 6/4/2003 12:46:36 AM EDT
chances are they'll be reassigned and that's it. they'll get away with it.
Link Posted: 6/4/2003 1:01:37 AM EDT
Ruh roh.
Link Posted: 6/4/2003 1:02:22 AM EDT
It takes [b]P[/b]ride,[b]I[/b]integrity and,[b]G[/b]ut'[b]s[/b] to threaten a handcuffed man.
Link Posted: 6/4/2003 1:46:17 AM EDT
Link Posted: 6/4/2003 2:47:10 AM EDT
Originally Posted By Lumpy196: So you guys hear about Sosa and his bat?
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The cops hate it when they are busted, they do the big cover up thing, change the subject, deny everything, counter accusations, but this is pretty much standard practice from what I have read of late.Sometimes they pick on the wrong dude and then bad things happen to them.
Link Posted: 6/4/2003 3:02:31 AM EDT
In a letter to Ripon Police Chief Richard Bull, Fox said Merchant falsely testified "probably 30 to 50 times" during his court appearance.
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Holy crap. That guy doesn't deserve to be a mall ninja.
Link Posted: 6/4/2003 3:30:35 AM EDT
Originally Posted By mattja:
In a letter to Ripon Police Chief Richard Bull, Fox said Merchant falsely testified "probably 30 to 50 times" during his court appearance.
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Holy crap. That guy doesn't deserve to be a mall ninja.
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Ninja's are so sweet I crapped my pants.
Link Posted: 6/4/2003 11:00:34 AM EDT
[Last Edit: 6/4/2003 11:03:01 AM EDT by Ellery_Holt]
Originally Posted By mattja:
In a letter to Ripon Police Chief Richard Bull, Fox said Merchant falsely testified "probably 30 to 50 times" during his court appearance.
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Holy crap. That guy doesn't deserve to be a mall ninja.
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You would believe some concealed video tape over the sworn testimony of a law enforcement officer, a group of people who lost brothers on 9/11?! Tape can be faked, you know. And this absolutely was faked. There's no way that this is true because it would involve a conspiracy between multiple officers, and everybody knows that, sure, there's maybe one bad apple out there, but NO WAY three -- and three who work together?! Absolutely not. You Badge Envy nutters better get your heads screwed on right because there's way too much posting of faked stories made up to bash the fine officers who keep your butts safe from the chaos that would surely engulf us all if it weren't for the Thin Blue Line (not to be confused with the Blue Wall Of Silence which, BTW, does not exist!) [:D] Edited to add, "Ditto on the ruh roh."
Link Posted: 6/4/2003 11:43:16 AM EDT
I notice a certain somebody finds this too unimportant to comment about. I guess someone has CAMERA envy.
Link Posted: 6/4/2003 11:47:11 AM EDT
Originally Posted By cyanide:
Originally Posted By Lumpy196: So you guys hear about Sosa and his bat?
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The cops hate it when they are busted, they do the big cover up thing, change the subject, deny everything, counter accusations, but this is pretty much standard practice from what I have read of late.Sometimes they pick on the wrong dude and then bad things happen to them.
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Yeah thats it...
Link Posted: 6/4/2003 11:50:08 AM EDT
Originally Posted By Lumpy196:
Originally Posted By cyanide:
Originally Posted By Lumpy196: So you guys hear about Sosa and his bat?
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The cops hate it when they are busted, they do the big cover up thing, change the subject, deny everything, counter accusations, but this is pretty much standard practice from what I have read of late.Sometimes they pick on the wrong dude and then bad things happen to them.
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Yeah thats it...
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[b] Finally a confession from one thanks lump[/b]
Link Posted: 6/4/2003 11:57:07 AM EDT
Originally Posted By kay9: Ruh roh.
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The most succinct comment thus far....[ROFL2]
Link Posted: 6/4/2003 12:01:11 PM EDT
[Last Edit: 6/4/2003 12:03:05 PM EDT by AR-15Fan]
Shouldn't lying on the stand be perjury, with some jail time for the lying pi... er cop? Or did I misread that about lying to the judge, perhaps he wasn't sworn in/on the stand at the time? Still seems like all should be fired at minimum, and hopefully charged with some crimes. Sad thing is this was not an isolated incident I'm sure...
Link Posted: 6/4/2003 12:02:46 PM EDT
On it's face, this would appear to be a candidate case for Federal Civil Rights violations, under color of authority. The criminal penalties can be quite severe, in addition, I believe these guys could lose their pensions. Am I correct???? Anyone??
Link Posted: 6/4/2003 1:22:05 PM EDT
Good thing he was up and eating Pop Rocks. Asleep, and the fuzz'd probably give him the Mario Paz.
Link Posted: 6/4/2003 1:33:18 PM EDT
Originally Posted By rileyindy: "We can kill you right here," the detective, identified by the San Joaquin County Deputy Public Defender's Office as Sam Gallego, tells a handcuffed James Walton, 51, after Walton is thrown backward onto his bed.
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Isn't the Truth a reasonable defense? It's True - the cops could have killed him right there - and probably have gotten away with it. Yep, the Truth will set these officers free.
Link Posted: 6/4/2003 1:48:27 PM EDT
Cops, biggest gang in America
Link Posted: 6/4/2003 2:10:36 PM EDT
I think these cops need to spend some quality time with BUBBA. I am sure Bubba will set them straight, and teach them they are his bitch now[:D]
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