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Judge rules no conflict of interest for attorney in LAPD police misconduct case

June 8, 2000
Web posted at: 1:41 p.m. EDT (1741 GMT)

LOS ANGELES (CNN) -- A lawyer defending one Los Angeles Police officer charged with criminal misconduct poses no conflict of interest, even though he once met with former officer Rafael Perez to discuss his cocaine thefts, a judge ruled Wednesday.

Attorney Paul DePasquale, who represents police sergeant Brian Liddy in a conspiracy charge, once consulted with Perez about representing him prior to his arrest for stealing cocaine from a police evidence locker room in 1998.

Perez, the government's key witness in the corruption investigation, is cooperating with authorities about his knowledge of alleged police misconduct in the Rampart division's anti-gang unit in exchange for a reduced prison sentence following a felony cocaine conviction.

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After a two-hour closed door meeting with Perez and attorney DePasquale Monday, California Superior Court Judge Michael Pastor ruled that Perez's revelations were "peripheral, brief and minimal" to the criminal conspiracy charge against sergeant Liddy.

Perez attorney Winston Kevin McKesson claimed their meeting was confidential and DePasquale had a "duty of loyalty" to Perez.

"Mr. DePasquale is now referring to Perez as an admitted thief, liar and perjuror," said McKesson. "DePasquale spoke with him about the theft of cocaine and it's clear his conviction will become a focal point particularly on matters related to vigorous cross examination."

"I understand Perez as a witness may feel uncomfortable, but there is no reason confidence is compromised, therefore, as far as I am concerned in this case, there is no conflict of interest," said Judge Pastor.

Liddy and two other officers are accused of conspiring to frame alleged gang member Allan Lobos in 1996 on a weapons charge. Perez told investigators that he was involved in the arrest and believes a gun was planted, according to a criminal complaint.

Lobos pleaded guilty to those charges and was sentenced to state prison. His conviction was overturned following Perez's sworn testimony but Lobos remains in prison for an unrelated felony conviction.

In other developments Wednesday, prosecutors were prepared to hand over 3,400 pages of sworn testimony by Perez to defense attorneys but the judge required audio tapes and notes taken from those interviews included. A hearing on that matter was scheduled for next week.

Prosecutors are also seeking a gag order in the criminal trial of three officers accused of framing Lobos. Defense attorneys accused prosecutors of "orchestrating a public silence campaign" because Los Angeles District Attorney Gil Garcetti is badly trailing in his re-election effort, according to defense attorney Barry Levin.

District attorney spokeswoman Victoria Pipkin said it was "absolutely false" that politics motivated the gag order attempt. A decision on the gag order is scheduled for June 14.

To date, 92 cases have been dismissed in connection with the corruption scandal, according to court documents. At least 30 officers have been relieved of duty, fired or resigned since the scandal emerged in 1999, CNN has learned.

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