Actually this letter is also addressed to our new Hollister
Police Chief Jeff Miller. I read your recent letter asking for me
to respond in this forum.
Dear Editor:
Actually this letter is also addressed to our new Hollister Police Chief Jeff Miller. I read your recent letter asking for me to respond in this forum. First let me say that if your letter was a challenge, then my answer is, I would love to meet and discuss errors in your department with you any place any time and in any forum. My grandfather once said, “Choose your fights wisely lest you get beat up in public.”
Before I review with you the history of this case, look up in the Penal Code sections that deal with people that withhold evidence. Then look for the section that talks about making false statements. Then pull out your policy books on when you are suppose to write a police report.
Let me start from the beginning. Mr. Solorio was arrested and held in handcuffs in a San Jose Hospital on July of ’02. That same week, Captain Brooks released Mr. Solorio pursuant to 849(b) Pen.C. Section 849(b) of the Penal Code by definition means not enough evidence to hold him for a felony. Even so, your department let the Free Lance put out a front page article that Mr. Solorio escaped from the hospital. Just as disturbing, your department let me and the charging deputy district attorney go to testimony and hearing on whether there was an escape, when your department knew full well that Mr. Solorio had been released. Captain Brooks’ report was not given to me until after that hearing.
In this case, there was a citizen videotape that videoed the incident. That video wasn’t booked into evidence until about eleven months after its seizure and peculiarly two days after I asked the court to have the matter set for a formal motion to force your police department to give me the tape. On that same day, it was said in open court that the police department did not have possession of the tape. I called the interim Police Chief Larry Todd (in an attempt to clear up this rank error). That chief said in a previous letter to the editor that I just needed to call him. So I called, and lo and behold the City Attorney called me back and said that he would not meet with me. I attempted to speak with the evidence technician who also was apparently given marching orders not to discuss the tape. Just as interesting is your officer’s explanation of how this citizen tape was kept out of the evidence chain. Just about one month after you guys finally booked it into evidence, the officer writes his first report of its discovery. In his report, he fails to identify what date he found it in his car. According to his report, that tape just sat in the detective car for eleven months with no one from your department interested in viewing it, logging it into evidence or even interested in it – not likely. Your department’s handling of the evidence was so screwed up that the court had little choice but to remove the prosecuting deputy district attorney who, in my opinion, became a victim of your department’s mishandling of the evidence.
Now let’s review the total lack of even a single sheet of paper from any doctor showing any sign of any injury to your officer, even up to the date of jury trial of December 1, 2003. Even though the charge included serious bodily injury to a peace officer, no evidence was given to the defense from any medical professional for over one year. Your department held dozens of medical documents about Mr. Solorio’s serious and permanent injuries that your department secured over one year before trial. These documents were not handed over to the defense until the middle of December of ’03. If you check the court proceedings, all allegations of serious bodily injury to your officer were dismissed.
Mr. Miller, if you have no policy on the handling of evidence then let me suggest the following. Have someone from your department tell the truth to the local newspaper so we don’t have someone like Mr. Solorio being accused on the front pages of escaping from a hospital when in fact a captain from your department released him. Have your officers book evidence into the evidence room, not their police detective car, the day they seize it, not eleven months later, on the footsteps of a formal motion for sanctions. It would be a good idea for your officers to write a report about evidence seized, on the day they seize it, not one month after they find it in their police detective vehicle knowing that everyone over at the courthouse is looking for it. Next time an experienced attorney asks to meet with you, don’t clam up and leave him no choice but to ask the FBI for assistance. Properly inform the prosecuting deputy DA about all the evidence and all the reports so he or she doesn’t sound like an idiot in court when discussing missing evidence. These are just a few suggestions that would help everyone in resolving criminal investigations. About that apology, Mr. Miller, if you aren’t willing to take the responsibility for your departments screwups then perhaps someone else with courage and backbone will. Having said that, let me suggest one final change in your department. Have the chief of police adopt the policy of our late President Truman, “The Buck Stops Here.” Happy New Year everyone.
Arthur Cantu,
Attorney At Law
