Police files still on `ice'

Hearing on jailings' legality stalls
By Mike Cruz, Staff Writer
Article Launched: 09/26/2008 08:36:22 PM PDT

SAN BERNARDINO - An attempt to crack police personnel files by defense lawyers who allege their clients were illegally held "on ice" by officers before being arrested was stymied Friday by a missed deadline.

The defense lawyers had filed a court motion, known as a Pitchess motion, to get information about any complaints made about at least one officer involved in a narcotics case.

But the City Attorney's Office, which is responsible for contesting such a motion, didn't receive notice before the required 16 court days, said Senior Deputy City Attorney Robert Simmons.

Simmons said his office was given only 15 days' notice. A hearing on the Pitchess motion was set for Oct. 31 in San Bernardino Superior Court for defendants Toriano Jerome Houston, Maurice Lynell Lockett and Frederick Edward Williams during proceedings Friday.

The delay appeared to frustrate Judge John Martin, who wanted to see progress toward a resolution or set dates set for a preliminary hearing.

"I'm not going to hold up prelims on these gentlemen for a pending Pitchess motion," Martin warned.

As part of the case, San Bernardino police are conducting an internal-affairs investigation on at least of one officer involved, the defense said.

An internal-affairs officer, Steven Lyter, was identified by defense lawyers as being present in the gallery. Lyter later ignored reporters in a courthouse hallway.

At issue for the defense is Sgt. Bradley Lawrence, who allegedly detained two defendants, or held them "on ice" without cause, while a search warrant was sought as part of a raid at a San Bernardino apartment complex.

The defense believes Lawrence's conduct may spread beyond this case. Lawrence's actions were first revealed July 2 in a complaint by Sgt. Michael Desrochers to police brass.

Generally speaking, internal affairs has a year to complete an investigation.

"The chief has the final say," Desrochers said outside of court proceedings.

Three other defendants, Carl Edward Alexander, McKinley Tarpley and Marquis Antoine Ware want to withdraw the guilty pleas they entered as part of plea bargains before learning of the complaint about Lawrence.

Motions to withdraw those pleas, filed on behalf of Alexander, Tarpley and Ware, will also be addressed Oct. 31, the court said.

Alexander's lawyer, Deputy Public Defender Sam Knudsen, told the court he wants witness statements that were taken as part of the internal affairs investigation.

Deputy District Attorney James Hoffman countered that he had no access to the investigation or statements from it. He also said he didn't know the internal affairs officer present in court.

"I don't have anything to give," Hoffman said.

Hoffman later said outside of court that he hopes something comes out of the Pitchess hearing so that he can move forward with either a resolution or a preliminary hearing.

"We're kind of in a holding pattern," Hoffman said.

mike.cruz@inlandnewspapers.com

(909) 386-3880