Judge declines to reduce bail despite San Bernardino officer's allegation

SAN BERNARDINO - An allegation from a San Bernardino police sergeant that his own department is illegally holding suspects "on ice" will likely re-emerge in court later this month.

At an explosive Friday hearing, San Bernardino County Superior Court Judge John Martin said he expects several attorneys to address in August whether Sgt. Bradley Lawrence illegally detained two gang suspects, then connected to an ongoing investigation, at a July 2 traffic stop.

Five others suspected of belonging to the same gang were arrested the same day after a San Bernardino narcotics team later obtained and executed a search warrant on an apartment in the 3200 block of East 21st Street, court records say.

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The illegal-detention issue arose during a bail-reduction hearing meant to reduce the bail for all seven defendants from $1 million each. Police have identified the seven as gang members, and each has been charged with possession of cocaine, possession of marijuana for sale and street terrorism.

"People want to see San Bernardino cleaned out," said Deputy Public Defender David Menezes, among the many attorneys who watched the hearing from the audience. "But it has to be in a constitutional manner."

Deputy Public Defender Samuel Knudsen, who represents 27-year-old Carl Edward Alexander, said in court that he expects his client isn't the only suspect San Bernardino police have illegally detained.

"They're scooping people off the street and holding then without phone calls, and without charges, for hours," Knudsen said outside the courtroom. "It's a misdemeanor to do that."

Previously, The Press-Enterprise had obtained an e-mail from Sgt. Mike Desrochers saying Lawrence had a history of detaining suspects without charges and leaving them in jail overnight.

Another document shows suspect Greg Parker in a San Bernardino police log as being "on ice" and held on unknown charges. That department's jail is separate from the West Valley Detention Center in Rancho Cucamonga.

On Friday, Martin spent a significant portion of the three-hour hearing sorting through and clarifying questions. The hearing was filled with contradictions, confusion and "faces."

"There's no reason to make faces at all," Martin told attorney Joe Hopkins, who represents 29-year-old Donald Joseph Mackson, the other suspect who allegedly was detained. "We're in a courtroom."

The other five suspects are identified in court records as: Toriano Jerome Houston, 37; Maurice Lynell Lockett, 27; McKinley Tarpley, 32; Marquis Antoine Ware, 22; and Frederick Edward Williams, 29.

Like the other six attorneys, Hopkins wanted Martin to reduce the bail of $1 million to $130,000. He stressed the July 3 declaration to increase bail was based on bogus information from Lawrence.

"There's no basis for a $1 million bail whatsoever," Hopkins said.

The declaration to increase bail said the defendants were documented criminal gang members who had been arrested in connection with drug trafficking. It said small amounts of cocaine, marijuana and ammunition were found during a search warrant at the 21st Street apartment.

Martin ruled against reducing the bail on any of the seven. He said he found nothing inconsistent in the testimony Lawrence gave Friday.

"Certainly, there were a lot of suspicious things that happened," Martin said.

Martin also criticized the traffic-stop detention of Alexander and Mackson as possibly a "chicken thing to do." He did not elaborate.

Martin scheduled several mid-August court dates for the defendants, several of whom are attempting to withdraw plea agreements.

He said he expects attorneys will raise the illegal detention issue Aug. 14, when at least four are set for a preliminary hearing.

Lawrence declined to comment as he left the courtroom.

"This judge felt he was not dishonest," Deputy District Attorney James Hoffman said, referring to Lawrence.

Reach John F. Berry at 909-806-3058 or jberry@PE.com