When Police & Prosecutors Are Partners in Crime (Part 3)
The Testimony of Spooky Brown, Esq. (Second Series)
For Part 1, click here. For Part 2, click here.
(Part 3 of 4)*
What the Fuck Happened to the Phone?
I quickly opened Gabriel’s case file while I was still in court. I found and examined Gabriel’s rap sheet and saw no history of serious violence. While he did have a criminal history (mostly drug-related), nothing in his record indicated that he had a propensity for violence.
Next, I reviewed the attorney’s notes. I saw that previous prosecutors had made requests for a 911 call, but the detective told them that none existed.
I decided not to approach the detective about the call. I didn’t think it’d be productive, and I desperately wanted time to find the 911 call without my supervisors breathing down my neck to take the case to trial. So I drove to the police station and asked the evidence clerk if a call existed. The clerk, who was very nice and respectful, told me that it didn’t exist.
Stumped, I spoke to a trusted senior colleague with some supervisory authority about the case and the issues I had with it.
“Did Gabriel use a cell phone?” she asked.
“Yes.”
“If he called 911 on a cell phone, the call would first go to the California Highway Patrol (CHP), who’d then transfer it to the closest police station where the call was made.”
Normally, it’d take four weeks to get audio for a 911 call. Fortunately, my colleague knew someone from CHP who could get it to me quicker. Understanding the political and ethical nature of my situation, my colleague called in a favor.
I got the 911 call in a couple of days.
Before listening to the call, I immediately sent it to the defense attorney because he’s entitled to receive evidence as soon as it becomes available to me.
And with great anticipation, I pressed play.
“Help me!” a man yelled. “The cops are beating me up. I need some help!”
I then heard another man yelling in the background, “Get the fuck off the phone, NOW!”
When the dispatch operator asked for an address, I heard the male caller say, “They’re beating the shit outta me. I’m at — ”
That was it. The call was short, so short that the CHP dispatcher didn’t get a chance to forward it. Looking through the police report again, I noticed that there was no mention of Gabriel being on a cell phone. In additon, I reviewed the evidence log and saw that the officers didn’t enter a phone into evidence. Finally, I looked through Gabriel’s booking sheet and noticed that no cell phone was booked with his personal property.
“So, what the fuck happened to Gabriel’s phone?” I wondered.
*The opinions here do not reflect the official views of the L.A. District Attorney’s Office, my current employer. To avoid fierce harassment and oppressive retaliation, I’ve decided to conceal my identity, for now.
