PASADENA - A lawyer for a man suing the Pasadena Police
Department for civil rights violations said the department exhibits "a
pattern and practice" of police misconduct, which includes falsifying
police records, bogus arrests and questionable tactics, according to court
documents.
The inflammatory allegations are contained in a civil claim
filed by attorney Bradley Gage on behalf of Edward Damas, who stands accused of
brawling with a patron at a Pasadena eatery in 2009.
The claim alleges a corruptive culture in the police
department, where officers flaunt the law, rough up residents and are rarely
punished for their transgressions.
"When considering the fact officers from Pasadena
appear to lie repeatedly, use unjustified and excessive force, and the
department fails to take corrective action, there appears to be a lack of
training, and a ratification by the department of false arrests, battery,
assault, malicious prosecution, and violations of state and federal civil
rights," Gage writes in the claim.
Pasadena police Chief Phillip Sanchez and top ranking
officers at the department declined to comment for this story.
In the claim, Gage contends Pasadena cops Richard Gawlik and
Kevin Okamoto along with detectives Keith Gomez and William Broghamer violated
Damas rights.
Gage claims the officers participated in an investigation
where key exculpatory evidence was never turned over to Damas' defense
attorney.
The claim, filed June 26, also includes details from a
lawsuit filed by Gage for Matthew Deuel in March of this year.
Deuel's lawsuit claims Gawlik and Pasadena police officer
Kimberly Smith violated his civil rights following a 2011 soccer match. After a
verbal confrontation, Gawlik claimed that Deuel was intoxicated and wrote as
much in his police report.
However, Dr. Nayiri Doudikian-Scaff said in her report that
Deuel arrived at the Huntington Hospital emergency room on the night of the
incident with no signs of intoxication, according to court documents.
Gawlik would later admit to making untrue statements in his
police report about Deuel's incident.
"During the deposition I got Gawlik to acknowledge that
some of the information in his police report wasn't true," Gage said
Monday.
Gawlik was deposed in early June of this year, according to
Gage.
Deuel's lawsuit, which also names the city of Pasadena as a
defendant, claims the Gawlik and Smith subjected him to false arrest, false
imprisonment, and that he was battered and assaulted during the June 2011
dustup.
Criminal charges against Deuel were dropped in the fall of
2011. During a preliminary court proceeding Deuel's criminal defense attorney
Michael Kraut presented a counter-narrative to the police report. Kraut used
medical reports, witness statements and interviews to cast doubts on the cops'
account of the evening.
"Based on the totality of the circumstances the
prosecutors declined to file charges," Kraut said Monday.
Kraut also represents Damas in criminal court. He declined
to comment on the civil claim made by his client. Much of the civil claim
rehashes accusations of police misconduct made by the Kraut and strong
assertions questionable behavior made by Pasadena Superior Court Judge Teri
Schwarz against Okamoto.
During a preliminary hearing in May, Schwartz said Okamoto
failed to turn over evidence, in the Damas case, some of which is believed to
be exculpatory. At the time Okamoto was a detective. He was transferred back to
patrol in February of this year.
Schwartz ordered Okamoto to turn over the evidence. The PPD
placed Okamoto on paid leave, launched an internal investigation and called on
the Los Angeles County Sheriff's Department to conduct an external probe into
Okamoto's actions.
Kraut accuses of Okamoto of purposely hiding evidence in the
case to secure a conviction against Damas.
Gage supports his claims of police misconduct by including a
laundry list of recent Pasadena police activity in his claim.
Gage questioned the use of force in the March 24 fatal
shooting of unarmed 19-year-old Kendrec McDade by officers Mathew Griffin and
Jeffrey Newlen. The shooting is under investigation by the Los Angeles County
Office of Independent Review Group, the FBI, the Los Angeles County Sheriff's
Department Officer Involved Shooting team and PPD's internal affairs bureau.
The McDade family filed a federal civil rights lawsuit
against the city of Pasadena, the PPD, Gomez, Sanchez and Lt. Phlunte Riddle in
early April.
Depositions in the McDade civil rights lawsuit began last
week, according to McDade family attorney Caree Harper.
Gage includes the recent accusations against Gomez in his
claim. Gomez is under investigation by the Sheriff's Department, but has not
been placed on leave by the PPD.
In a signed declaration, Jamaul Harvey claimed Gomez
threatened to kill him during an investigation into a 2006 murder.
Harvey was initially charged with the murder but was
exonerated.
An alternate juror on the Harvey murder trial signed a
declaration where she accused Gomez of fabricating evidence to secure a guilty
verdict during the trial.