A local attorney is calling for an investigation into
allegations that a San Benito County Sheriff’s deputy lied in a
police report.
A local attorney is calling for an investigation into allegations that a San Benito County Sheriff’s deputy lied in a police report.
Attorney Greg LaForge is asking the county district attorney’s office to conduct an investigation into the possibility that Detective Sgt. Wes Walker lied on a report that led to the arrest of a local woman and criminal charges being filed against her.
“We’re requesting that a full investigation occur,” LaForge said. “We’re requesting that this report and the entire case be referred to either the district attorney’s office or the (state) attorney general’s office for investigation.”
LaForge’s office forwarded a copy of its findings to San Benito County District Attorney Harry Damkar, who will decide how to proceed.
What Damkar will do is still up in the air.
“I’m sorry, but I can not comment on that case,” he said.
Lt. Michael Covell of the sheriff’s department also declined to comment on the allegations, citing department policy that forbids comment on personnel matters.
Walker could not be reached for comment by press time this morning.
The call for an investigation stems from the June 5, 2002 arrest of Cynthia Alnas, 32, of San Juan Bautista for possessing and being under the influence of a controlled substance, according to court records.
Walker, who arrested Alnas for being under the influence, allegedly wrote in a police report that he could assess her drug intoxication because he is a certified Drug Recognition Expert, LaForge said.
Commonly referred to as a DRE, a drug recognition expert is a peace officer who has passed 80 hours of specialized training, according to information from the Peace Officers Standards and Training organization.
But LaForge said an investigation by his office indicated that Walker lied to the district attorney’s office about being a DRE.
As a result of LaForge’s findings, the criminal charges against Alnas were dismissed by Superior Court Judge Harry Tobias.
“Anytime that an officer lies, that attacks and rips at the heart of the judicial system,” LaForge said. “It makes the officer look bad, the department he works for looks bad and the district attorney’s office looks bad.”
LaForge, a former prosecutor, said it is important that peace officers be truthful in their reports because that information is what the district attorney uses to decide whether to file criminal charges.
To make matters worse, he said, Walker had already passed 24 hours of training related to drug cases. That would have been enough to evaluate Alnas as being under the influence, he said.
“He didn’t have to lie. He didn’t have to state he was a drug recognition expert,” LaForge said. “I’ve charged and defended hundreds of people for being under the influence of narcotics and I would estimate that five percent of those cases were based on an arrest by a DRE.”
