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Fri Feb 8, 2013, 03:29 PM

 

Christopher Dorner vs. LAPD: Legal Transcripts

DORNER v. LOS ANGELES POLICE DEPARTMENT

CHRISTOPHER DORNER, Plaintiff and Appellant,

v.

LOS ANGELES POLICE DEPARTMENT et al., Defendants and Respondents.

No. B225674.

Court of Appeals of California, Second District, Division Four.

Filed October 3, 2011.


Law Office of David J. Duchrow, Jill A. Piano and David J. Duchrow for Plaintiff and Appellant.
Carmen A. Trutanich, City Attorney, Claudia McGee Henry, Assistant City Attorney, and Gregory P. Orland, Deputy City Attorney, for Defendants and Respondents.

http://tvfishbowl.com/christopher-dorner-vs-lapd-legal-transcripts/

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Response to dkf (Original post)

Fri Feb 8, 2013, 03:30 PM

1. I've got some reading to do - thanks

 

Of course I worry the LAPD Fanboys and Chum Chums will get their boxers in a twist knowing that someone actually brought facts to the argument

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Response to Taverner (Reply #1)

Fri Feb 8, 2013, 03:40 PM

3. You've undoubtedly been labeled "Dorner Worshipper #1" by now. I've read a little

of the transcripts and so far it shows a troubled Dorner wrestling with whether or not to report (and write in the incident report) the abuse he claims Ofcr Evans inflicted on Gettler, the subject. Evans, of course, denies the abuse but reports a cut on subject's face.

Still reading...

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Response to dkf (Original post)

Fri Feb 8, 2013, 03:34 PM

2. k/r

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Response to dkf (Original post)

Fri Feb 8, 2013, 03:42 PM

4. There seems to be more to this story than just a cop that went crazy and started shooting people.

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Response to Lint Head (Reply #4)

Fri Feb 8, 2013, 03:45 PM

6. Odd how the internet is providing juxtaposition to the mainstream media and LAPD's output...

 

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Response to dkf (Original post)

Fri Feb 8, 2013, 03:44 PM

5. K&R

 

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Response to dkf (Original post)

Fri Feb 8, 2013, 03:58 PM

7. Just read it.

Seems to be a lot of mixed testimony from various witnesses. I will note that two independent (non-LAPD) witnesses sided against Dorner in their witness testimony. That seems significant to me.

The rest of the testimony, all from LAPD officers, can and should be viewed skeptically. The whole "blue line" thing and what not.

It is also interesting that the Board ruled that the witness testimony of both the father and son was not credible because the son could not give any testimony (well duh, he had severe mental problems).

Very interesting read.

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Response to dkf (Original post)

Fri Feb 8, 2013, 08:44 PM

8. Raw Extracts from Legal Transcripts

I may provide my comments on these extracts later....see what you can make of them. There is no doubt in my mind that the investigation did not PROVE that Dornan lied, and a very credible conclusion that he told the truth and there was a cover up. Agree 1,000,000 times this does NOT justify murder.

/Testimony of Sergeant Evans/
Sergeant Evans went behind the bushes and
crouched down to help appellant control Gettler's right arm. After about
30 seconds of struggling, Gettler let the officers handcuff him and
said, "Is that what you wanted? Here you go." Sergeant Evans denied
kicking Gettler in the face or the shoulder area.

Sergeant Evans noticed that Gettler had a laceration on his cheek, but
no other injuries. There were no boot marks on Gettler's face or shirt
and no bruising on his face.

/Testimony of Christopher Adrid/
Adrid was working as a bellman at the DoubleTree Hotel on the date of
the incident…
Adrid saw the cut on Gettler's nose but did not see any other injuries.

/Testimony of Ashlye Perez/
Ashlye Perez was working at the DoubleTree as a bellhop on July 28,
2007…
She noticed that Gettler
had a cut on his face, which she thought was from hitting his face on
the bushes.

/Testimony of Sergeant Jackson/
When Sergeant Jackson arrived, he saw appellant, Sergeant Evans,
Sergeant Hernandez, a few other officers, and Gettler in custody inside
the police car….
When he inspected Gettler's injury, he saw blood on
Gettler's face that he thought was from the bushes, but he did not see
any bruising or other indication that Gettler had been kicked.

/Testimony of Richard Gettler/
Richard Gettler testified that his son was schizophrenic with severe
dementia. He explained that his son sometimes was verbal and able to
respond, but other days he was not responsive. Gettler sometimes
wandered from home, but his father usually did not report him as missing
because he knew the police always brought him home.
Gettler's father stated that when the officers brought his son home on
July 28, 2007, he asked Gettler if he had been in a fight because his
face was puffy. Gettler told him that he was kicked at the hotel, so
they drove around until Gettler directed his father to the DoubleTree,
where Gettler pointed to the wall and indicated the incident happened
near there. Gettler told his father he was kicked in the chest twice by
a police officer, but his father decided not to report it because he
assumed it was an accident and Gettler was not hurt.

/Testimony of Christopher Gettler/
The Board brought Gettler in to question him during the administrative
hearing, but his responses generally were incoherent and nonresponsive.
A videotaped interview of Gettler, taken on December 8, 2008, was shown
at the administrative hearing.

/Decision of the Board/
The Board stated that the primary issue in the case was whether Sergeant
Evans actually kicked Gettler or not. After reviewing all the evidence,
the Board stated that it could not find that the kicks occurred.

Although Richard Gettler's testimony supported
appellant's assertion that Sergeant Evans kicked Gettler, the Board
found his testimony not credible because it was inconsistent with his
son's testimony. The Board also noted that Gettler's mental illness
affected his ability to give an accurate account of the incident and
found that Gettler's videotaped statement, alleging one kick, was not
credible.

The Board found there was evidence that appellant had a motive to make a
false complaint, citing Sergeant Evans's testimony that appellant was
going to receive an unsatisfactory probationary rating if he did not
improve his performance and that the kicks were reported the day after
appellant received an evaluation.

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Response to KarmaKola (Reply #8)

Fri Feb 8, 2013, 08:51 PM

9. You left out the testimony of the only impartial witnesses, the double tree employees.

 

That is what tilts the case against Dorner.

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Response to dkf (Reply #9)

Fri Feb 8, 2013, 09:52 PM

12. Both DoubleTree Employees were cited...

and they both saw injuries on his face of the man, as did his father. Remember these employees can be easily pressured by police, such as saying the injuries came from the bushes....

Sgt. Evans, who was up close and personal, testified under oath that she saw no bruises on his face.

The legal document also at first says the board could not get any testimony from the injured man, yet later they cede that he claimed he was kicked.

The document says Dorner has a motive to lie, but neglect to observe that Sgt. Evans had a very large motive to lie.

It is incredible that this man and his father both testified that he WAS kicked, and this is thrown out because of "inconsistencies".

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Response to KarmaKola (Reply #12)

Fri Feb 8, 2013, 10:00 PM

13. Both double tree employees said they did not see any kicking.

 

That is the crux of the matter.

And I am not sure but I think they weren't able to get live testimony because he was incoherent but had a tape. And then the tape was not consistent with the father's hearsay testimony.

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Response to KarmaKola (Reply #8)

Fri Feb 8, 2013, 10:44 PM

16. Welcome to DU!

 

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Response to dkf (Original post)

Fri Feb 8, 2013, 08:55 PM

10. Doesn't matter. He's out killing people with assault weapons. Hello? nt

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Response to Honeycombe8 (Reply #10)

Fri Feb 8, 2013, 08:57 PM

11. I'm willing to examine his claims.

 

But I am not finding any conclusive support and more against his charges.

Corruption is a serious accusation. But I think this is the wrong hill to fight on as the saying goes.

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Response to dkf (Reply #11)

Sat Feb 9, 2013, 12:34 AM

17. You are free to do that. It's two separate things: Cause to be upset; and murder.

Maybe Ted Bundy had reason to be upset with women with long dark hair? Seems there was. But that's something for discussion at a later time, AFTER he's in prison for murder. And it's really only a background item, since there is no justification for homicide other than defense.

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Response to dkf (Original post)

Fri Feb 8, 2013, 10:07 PM

14. Do they mention that Dorner waited 2 weeks to make his charges?

I read somewhere that this weighed against him as well.

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Response to randome (Reply #14)

Fri Feb 8, 2013, 10:31 PM

15. Yes.

 

His testimony goes into what he was ruminating over which caused the delay...he wasn't sure if they had changed procedures on subduing people and other considerations.

The problem is he reported it after an unfavorable evaluation by Evans.

It's very interesting reading.


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