When Police & Prosecutors Are Partners in Crime (Part 4)
The Testimony of Spooky Brown, Esq. (Second Series)
For Part 1, click here. For Part 2, click here. For Part 3, click here.
(Part 4 of 4)*
Playing a Little Poker
I thought about going to my boss about this, but quickly discarded that idea after the situation that happened with Byron’s case. There was no fucking way I was going to have Gabriel plead to a lesser charge or have the case dismissed without prejudice just so the officers could avoid a lawsuit.
Fuck that.
So, I decided to play a little poker.
First, I had the officers meet me in my office. I told them that I wanted to prepare them for their testimony because it looked like the case was going to trial.
Next, I had them give me a play-by-play of what happened. I didn’t bother interviewing them separately because I knew that they’d already gone over their stories together.
After they committed to their version of events, I asked them if Gabriel had a cellular phone on his person. They told me that they didn’t see or recover one. I then asked if they saw him use a phone to call 911. Visibly annoyed at the question, they said they hadn’t.
“Are you sure?” I asked, “Because I just received an email from CHP regarding a 911 call on this case.”
I didn’t want them to know that I already had the call for a couple of days.
There was an awkward pause. They all looked at each other.
And finally, I then played the call, saying, “Well, let’s see what CHP has, it’s probably nothing.”
After the 911 call finished playing, I stayed silent for a couple of seconds. I then told the officers that, based on this call, I’d be forced to dismiss the case.
They were initially upset, saying that they didn’t want Gabriel to go free without some sort of punishment. I said that while I “believed” them, the 911 call was damaging to their credibility because no one could account for the phone. As a result, a jury would likely acquit Gabriel.
Still, they aggressively pushed me to proceed to trial, saying Gabriel would likely take a deal anyway because that’s what defendants “always do.”
And that’s when I pushed all of my poker chips to the middle of the table, going all in.
“The only way I could proceed,” I told them, “is if we all sit down with my boss and explain the situation. If my boss approves, I’d proceed.”
At that point they all quickly folded, declining my invitation. One of the officers said that he was applying to become a SWAT officer and didn’t need the extra trouble.
“What a relief,” I thought.
I’d called their bluff and won the hand, securing a dismissal without risking any retaliation from my superiors or the police officers.
After the case was dismissed, I asked the defense attorney what really happened. He told me that, prior to the incident, the officers had been habitually harassing his client for some time. On that particular day, they became physically abusive to the point that Gabriel had to call 911. When Gabriel tried calling, one of the officers kicked him off his wheelchair while another took his phone and broke it. Also, Gabriel didn’t reach for an officer’s gun because, according to the defense attorney, “he’s not stupid.”
Fortunately, Gabriel didn’t serve a lot of jail time while his case was pending because he’d posted bond. While he’d lost about five thousand dollars for bail, he was happy that the case was rightfully dismissed.
While I would’ve loved to fight to get these officers fired, I knew it would’ve been a losing battle because I’d be fighting not only the police department, but the District Attorney’s Office — my own people. Based on my previous experiences, I had absolutely no chance of winning that hand.
Thus, I had to be satisfied with the definite and immediate win, which was for Gabriel to go home for good.
The outcome was far from perfect, but I knew that seeking true justice was almost impossible because it was buried under bullshit politics, rampant bullying, and extreme racism.
Therefore, success for me was about working within this broken system to achieve small victories.
In other words, I have to do my best with the hand that’s been dealt to me.
*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.
