A MIXED MESSAGE
The verdict in the jail brutality trial of Los Angeles County Sheriff’s deputies Joey Aguiar and Mariano Ramirez, came in around 3 PM on Tuesday, and when the decidedly mixed results were announced in the downtown federal courtroom of Judge Beverly Reid O’Connell, the news seemed to surprise nearly everyone present.
The 12-person jury found each of the deputies not guilty of one count, guilty on anther count, and on a third count—which is arguably the most important charge of all—the jury split, with 10 jurors voting for guilt, two holding out for not guilty.
The details of the verdict are as follows:
Not guilty for both deputies on Count 1, which was the charge of conspiracy to violate inmate Bret Phillips’ civil rights by agreeing to “injure, oppress, threaten and intimidate” him.
Guilty on Counts 3 and 4, which means that both Ramirez (in Count 3) and Aguiar (in Count 4) were found to have written false reports saying that inmate Phillips had attempted to attack the deputies.
On Count 2, which was basically the count alleging that Ramirez and Aguiar had assaulted Mr. Phillips, 10 of the jurors voted that the deputies had committed assault-to-produce-bodily-injury, two voted that the deputies had not. Thus a mistrial on Count 2 was declared.
This means the federal prosecutors could choose to try the assault count again—or not.
Outside the federal court building, Assistant U.S. Attorney Jennifer Williams said that the government is thinking “very carefully” about whether to try the two deputies again.
Despite the mixed verdict, prosecutor Williams pronounced the jury’s decision a “win.”
On Count 2, the assault charge, she noted that “the jury was at 10 to 2,” to convict. “I think that’s very encouraging,” Williams said.
HOW THE JURY SAW IT
The moment after the first verdict of not guilty on Count 1 was read by jury forewoman Janet Giampaoli, Deputy Ramirez put his head in his hands, and began to sob, while his codefendant, Joey Aguiar was far more stoic, and mostly stared straight ahead. Then came the announcement of the mistrial on Count 2, and finally the guilty verdict on counts 3 and 4, and both deputies’ expressions turned grim.
The conviction of the charge of falsifying records with the intent to obstruct justice could mean as much as 20 years in federal prison.
After the crowd in the courtroom dispersed, forewoman Giampaoli, did her best to explain the jurors’ reasoning on the divergent verdicts.
On Counts 3 and 4, which found the two deputies guilty of lying on their official reports, Giampaoli said that jurors were concerned by what they saw as glaring similarities in the deputies’ reports. For example, she said, they used identical “adverbs and adjectives,” and very specific “phraseology,” which jurors found suspicious.
“And in general we didn’t feel that [the incident] happened the way they wrote it,” she said. “It couldn’t have.”
Okay so, if the jurors voted unanimously to convict Ramirez and Aguiar of falsifying their reports about Phillips having tried to attack them, while at the same time admitting to repeatedly striking Phillips with fists and a flashlight, plus squirting him in the face with pepper spray, why then did two of the jurors decline to vote to convict on Count 2, which alleged the deputies had improperly beaten Phillips?
In answer to the question, jury forewoman Giampaoli said there were a number of things that made it hard for the holdouts to convict on that 2nd count.
“The injuries that we were shown did not match up with what the prosecution claimed,” Giampaoli said. “In the medical records all we saw was one laceration and two to three superficial abrasions, and a bruised elbow.”
She said the two holdouts were also bothered by what they believed to be inconsistencies in the testimony of the prosecution’s two primary witnesses, jail Chaplain Paulino Juarez and prison inmate John Maestez, who is serving a 21-year sentence for voluntary manslaughter and who was bussed down from Delano state prison to testify in leg chains.
Speaking personally, Giampaoli admitted that she was not impressed by Maestez, adding that she did think Chaplain Juarez “definitely saw something. But I don’t that what he said he saw was the same thing as what he saw.”
According to the forewoman, the jury arrived at their 10-2 deadlock on Count 2 on Monday, and no one budged after that.
She said that the jurors also agreed on acquittal on Count 1, the conspiracy, on Monday as well. “We just didn’t think it was something that was planned out, or that they got together and decided to do.”
“We had a discussion this morning about staying unbiased and fair, and we all did take it very seriously,” Giampaoli said.
VERDICT CONFUSION
Still, many with interest in that trial said they found the verdict perplexing. George Hofstetter, president of the Association for Los Angeles Deputy Sheriffs (ALADS), was among them.
“We are mystified by how the jury, upon finding the deputies not guilty of conspiracy, and not finding them guilty of extensive use of force, nonetheless concluded that the deputies filed a false police report regarding the incident.” Hofstetter said in a written statement released on Tuesday afternoon.
Defense attorney Vicki Podberesky, who represented Ramirez, told ABC 7 reporters she too was puzzled by the jury’s uneven decisions. “I’m somewhat confused about how they found him guilty on a false report, and hung on the use of force,” Podberesky said.
A veteran criminal defense attorney who had been tracking case was another who expressed confusion. “If false reports were filed, that means the deputies were covering up something—like a beat-down of an inmate,” she said.
United States District Judge Beverly Reid O’Connell scheduled a sentencing date for April 25. And in a statement released early Tuesday evening, U.S. Attorney Eileen Decker confirmed that federal prosecutors have yet to decide if they will retry Aguiar and Ramirez on the unresolved civil rights charge.
Tuesday night, Assistant U.S. Attorney Mack Jenkins, like his co-prosecutor, Jennifer Williams, said he was actually encouraged by the mixed verdict.
“Ten people on that jury were clear that something terrible happened to Brett Phillips on February 11, 2009, because members of the sheriff’s department abused their power by doing exactly the opposite of what they were sworn to do,” he said.
“And the prosecution was able to convince the jury that the deputies couldn’t just wipe what happened under the rug” by lying about what occurred.
The case against Aguiar and Ramirez is the result of an investigation by the FBI into corruption and civil rights abuses at county jail facilities in Los Angeles. As a consequence of the FBI’s investigation, 17 current or former members of the Los Angeles Sheriff’s Department have now been convicted of federal charges.
EDITOR’S NOTE:
WLA is in the process of obtaining a copy of the video showing Bret Phillips on a gurney immediately after his encounter with LA County sheriff’s deputies Ramirez and Aguiar, and others. However, ABC 7 has already received the video, some of which they broadcast late Tuesday night. You can find the broadcast here if you scroll to the second video on the page. Both the ABC 7 broadcasts are worth watching.
Also, Joel Rubin at the LA Times has his own good write-up on the verdict.
Alads President George Hoffstetter finding the verdict perplexing? This is the same hypocrite who is leading ALADS in going after fellow deputy Armando Macias. If he’s perplexed now, he’s gonna “shit bricks” when Macias’s trial comes.
The anger of Deputies toward the Feds is misguided. That anger should should be towards LASD Supervisors and management who failed correct many issues that were brought to their attention. Commander Olmsted did. No one listened to him, so now the effects are manifesting itself with convictions of deputies who were doing as they were taught by some who are long gone with fat pensions and some who will share the same fate.
What is past unfortunately is just that, past. Moving forward is going to take an unprecedented boldness by deputies backed by a union who will back EVERY deputy and tell every one from Bonus Deputies to the Sheriff himself, that they will Not do anything outside the scope of bona-fide duty that will jeopardize their safety or careers . That would include FTO’S who pull stupid shit and leave the trainee’s hanging. LASD is known for that. Wise up deputies as you’re on your own.
Check out the new Captains promotions. Who is giving the Sheriff the information to promote these people. A couple have No leadership skills at any rank and two PT fans. Wow the problem will never get fixed. TA what a pathetic promotion and I know one promotion is on you. Continue to promote people that are incompetent. No wonder the ship is sinking. The Department will run out of positions for incompetent Captains, you can’t hide them all.
The department continues to perpetuate the problems and the leadership is responsible. PT and his crew of idiots have ruined the department. The sheriff continues to promote the incompetent several levels above their ability. When PT’s crew gave away promotional test answers, and once these folks were in positions to be appointed to captains or above, he did it. His minions are all over the department. Unfortunately they were so young in age that the department will have to deal with their decisions for years to come. The poor men and women who do the lords work everyday to protect the citizens will be the ones who suffer the poor leadership of their supervisors.
Once the clowns become captains or above the department spoils them with cars, supplemental pensions, 401K’s, and chiefs and above get extra bonuses. These folks laugh all the way to the bank.
The sheriff has expanded the upper ranks and has failed to deal with what the line folks need. He chose to change the uniform shirts and replace silver snaps with gold snaps for the leather gear. Bravo, we must have so much extra money we can buy gold snaps for everyone. Maybe next we can paint the rear doors of the radio cars black so we look like CHP.
Want to know the next promotions. Just look at the PT pictures when he announced he was running for sheriff. Those folks continue to rise. Karma’s a bitch. Hope it steps in soon.
#4, you are right. They can’t all hide. They just move up to commander.
Biggdogg, you make a very good point. If the department insists on promoting incompetent bootlickers and ass kissers, they end up becoming the unit commander somewhere. I guess the executives who endorse these promotions just don’t give a rat’s ass about the fate of the units they send these fools to lead. They show up, brand new class “A” and shiny rail road tracks, with a “Hi guys!” and “tell me what you need” attitude, and nary a clue about how to lead the unit forward.
And the cycle repeats, moral goes lower. Executive response? Repeat again…
ALADS and the Executives love to play hot potato with the moral hand grenade. ALADS still believes in favoritism and a one man legal show that is getting STOMPED out in federal court. They also refuse to express any public dissent against the ongoing management and promotion issues, but why would you when you benefit? Lame duck organization collecting that mail box money.
ALADS:
You didn’t represent every Deputy directed to follow orders in the Pandora Box Caper; Fail
You refuse to show transparency to the membership on the financials; Fail
Refuse to be part of an organized grievance to the executives about poor management; Fail
You miss over opportunity to serve anyone but yourselves at every step. After all, that is kind of the point of being in an union.
McDonnell:
Thanks for re-tanakifying the department with your ignorance and apathy. I think we get why our brothers in blue passed on you!
Stay safe folks, but with these tectonic forces playing against the line, moral will be low and lower for many more days to come.
Does Ron Hernandez have a comment about this
Morale*** I can’t spell today; fail
I also had my sleeves rolled up, no seat belt, and wrote this while 10-8; fail in the eyes of McD.
I was really excited when McDonnell won because I thought he would bring in needed change, get people the things they need to be successful but which they were deprived under Baca’s senility and Tanaka’s cronyism. I still think Sheriff McDonnell is a good man and his intentions are generally in the right place. But I’m just very disappointed in the lack of leadership and we are seeing from him at the line level. As was stated above, morale is the lowest I’ve ever seen it. Far lower than before the sheriff took office, with good deputies speaking very openly about leaving. Whether shirts or belt snaps should be changed I have no idea–what I do know is far more important things are either not being addressed at all or, nearly as bad, are simply not being communicated the the troops, despite a number of hires and moves that should have addressed that a year ago.
From coveted testing to our insanely broken, unsafe and dirty patrol cars, from our broken radio system that has been hacked and had fraudulent traffic put out on it recently to the Sheriff’s sitting on proposals to allow 1911s, .380s, deployment of personally owned patrol rifles, and numerous other proposals … Nothing has been communicated to the troops who are begging for it. Instead, we’re talking about button colors. Ludicrous. Even if those things are moving slowly for legitimate reasons, we need the sheriff to be updating us on them. Personally. Until such a time as people have confidence in his command staff and their chain of command, which they have less of now than a year ago.
I know the Department is a huge organization and change takes time. But all the people actually doing police work see is (1) people being disciplined for doing their jobs or for appearances and (2) complete and total disregard from virtually their entire chain of command above lieutenant about the issues that effect them. Particularly from those driving all those shiny Chargers.
Change does take time. That’s true. But it’s also usually an excuse, as it is here. I know the sheriff is spread very thinly and trusting his command staff is important in restoring the chain of command PT destroyed. But we–the people doing the police work–need his leadership, his attention, his action and his communication. He promised it to us when he took office. And it’s a promise broken.
@ 7. Jack Dawson. That’s exactly what I’m talking about.
@ FPK1. Ron wants to play the middle. He can do and say what he wants when he wants. He’s always verbalized his opinions. If you know Ron then you too, know exactly what I’m talking about.
I will say that the remaining Hayhurst minions on the Board of Directors does not particularly care about Ron. That’s another story in of itself.
Everybody is right on, however I can’t see any changes coming soon, so I might as well roll up my sleeves and join the rest of the crowd. We all know who the Execs are that should have been removed. We all know that they continue to push forward and to promote those on the Pay to Play list. The Sheriff does not seem to care. Rumor has it he is assembling a team to help with morale. Is that why TR is coming out to stations now? TR of all people. Morale is at an all time low, and will not get better until he steps up to the plate and does what is necessary.
I’m just glad someone has finally decided to change that offensive MCB logo. Thank you Sheriff for making something so important a top priority, way over do!
And thank you for letting the new MCB Captain bring over some of the most highly experienced and competent supervisors! Can anyone say “two-four.”
The misery of it all. The change that this organization begged for, it will not happen, that ship has sailed. I asked a friend who is privy to the thinking of the inner circle why new carpets have been laid on top of the dirty ones; why was the house not cleaned of the incest and corruption regarding the “at will” Chiefs and above Tanaka Boyz and why does he continue to promote inked up Tanaka renegades. The answer to the first question was, in the opinion of the insider, “The Sheriff does not have the backbone nor the will to truly clean house.” The Sheriff is of the opinion, all of the old guard deserve a second chance with new rules and high expectations. The second answer, and this shocked me more than the first response, the Sheriff is reported to have said not long ago, “These Tanaka guys aren’t really all that bad,my hey just need some direction.” If I didn’t trust the source, I never would have repeated the comments. If you take those comments with a grain of salt, but look at the inner circle of Jurassic Park retreads like Tyler and Angel, you can see why McDonnell is a failure, at least internally. Oh the Sheriff has proven he can bamboozle the Times just like Baca did as exemplified by the Times recent Editorial praising the Sheriff for allegedly ridding LASD of Tanakaites. Now that would be hilarious if it were not so sad. McDonnell has already mastered the politics of Los Angeles County, he can say all the right things at the right time to the right people. PPOA and ALADS have proven as well, to be silent lap dogs as they did with Tanaka. Their displeasures were whispered once, never to be repeated. Go along to get along as with the media. Nothing will change unless a scandal can be laid at the feet of McDonnell. He will be Sheriff as long as it is his fancy. Nothing has, nor will change. But boy, that inner circle is slapping the Sheriff on the back, kissing his ass and sing him praise all the while whispering the name of the next inked up Tanaka donor Captain and above candidate into his ear, just as Rothans did. Nothing has changed nor will it.
Meanwhile, while we realize the LASD is a shell of it’s former self, let’s be sure and let the “Podunk” agencies in SoCal know that we are the big dogs, the squared away ones, the ones who they should aspire to be like.
The LASD has become a joke. A tragic comedy. Deputies and supervisors being convicted and sent to prison for stupid shit. Morale at an all-time low. A house divided.
That’s your legacy Leroy.
@ Argus. Your last sentence pretty much summed it up. Jack Dawson @ (14) Threw a gut punch that was well deserved by those he mentioned. The ongoing events since McDonnell has been in office seems like a made for television series with a no meaning ending. Like mentioned before, short of a scandal, he’ll be there for some time. He’s was initially likened as a Moses, but a Joshua is so desperately needed. The big push came from Sacramento to endorse him. Unbelievable I say.
Strike that…..Jack Dawson @ #7
Does anybody have any knowledge about our current budget? I have heard that we are in worse shape than ever.
This actually maybe the year when a lot of people retire. I never thought I would see so many people around the 25 year mark hang up their boots. There is no reason to stay in this job. You can’t do your job without being punished, the inmates have more authority than the deputies, you are guilty first and have to fight like hell to prove your innocence, you are video taped then slandered for doing your job correctly, there are so many Sergeant’s being promoted with little to no experience. This department is only surviving with the deputies who go out and do the Lord’s work everyday. Be safe and remember do what you have too, to go home to your family.
Ron Hernandez, can you comment on the budget. I’m calling you out.
I’ve heard LASD is promoting a lot of sergeants as part of the DOJ and Rosas lawsuit mandates. What I don’t understand is why so many claim these newly promoted “inexperienced” sergeants are going to be a problem. Aren’t many of the long standing and endemic problems due to many of those “solid veterans” the department promoted? Can they do any worse than the supervisors who “mismanaged” and clearly misguided the countless subordinates that have caused LASD not only its credibility but left the taxpayers a big tap to pay.
@FPK1: sorry I was just told you were calling me out, Lol, my friends are instigators.
Are you really going to make me read all the commentary to figure out about which budget you are talking. At a quick review the only comment I see about budget is #18’s. Is he talking about the Sheriff’s Dept budget or ALADS?
LASD2…PT goes White Collar crime… give cronies more tax payer money (pay to play get test information promotions), and then launders the tax payers money back to PT in his kiss the ring fund raisers…. keeps Leroy happy with the “Car Payments”… all the cronies given county cars …more tax payer money laundered, as they buy a table at Leroy and Pauls events with that tax payers money…. the scams are endless.. and identifiable if anyone wants to bother to look…
McDonnel…. LAPD2…. Giving us a department of low morale, beautiful (in his mind) uniforms, low performance… management heavy… what a joke…. a very SAD joke… Lets just get it over with…the Los Angeles Metropolitan Police force…incompetently not policing all of southern California… McDonnel for Southern California Metro Police Czar…Ya…. Capt. McWaid can build you a new trophy room next to the PT kitchen remodel he probable did for him…there’s plenty of other, now McDonnel pay to play workers, as McDonnel has so clearly shown he is just taking on PT’s cronies… to help him… heck..lets build the new sheriff a castle…. it’s obvious the e in his name isn’t for ethic…. man this reality just sucks….
@ 18) If the County is going broke, they can always procure a loan (shark) with the Bank of ALADS. They will never be at a loss with 8000 plus Deputies and DAI’S paying close to $100.00 every month for life. I’m laughing on the outside but crying on the inside.
Yes, I was referring to the County’s budget, mainly LASD. I have heard from a very good source, but still unconfirmed, that we are back to being in dire straights.
I agree with getting rid of the hayhurst minions !!!