Post by WaTcHeR on Apr 20, 2006 11:59:26 GMT -5
04/20/2006 - REDWOOD CITY — Police brutality charges have been dismissed against two East Palo Alto police officers on trial for allegedly beating a man during off-duty hours.
But Officers Edward Rivers Jr., 39, and Johnny Taflinger, 33, remain on trial for felony assault and misdemeanor battery, charges that could result in four-year prison terms.
Judge Carl Holm dismissed the police brutality charges on Wednesday and said the prosecution didn't prove beyond a reasonable doubt that defendants were acting under the color of authority when the alleged crime occurred.
Rivers and Taflinger are accused of chasing down and beating East Palo Alto resident Calvin Brooks on Aug. 21, 2004 after Brooks attempted to sell them crack cocaine in a west-side 7-Eleven parking lot. The officers admit to chasing Brooks but deny the assault.
Brooks was hospitalized the next day with a fractured rib, which the defense doubts was inflicted by the accused officers. The District Attorney's Office initiated its investigation after Officer David Carson reported Rivers disclosed the beating to him. Neither the accused officers nor the alleged victim reported the incident.
Rivers and Taflinger told investigators — and Rivers testified on the stand — that Rivers identified himself as a police officer when they gave chase. Brooks and a civilian witness who was had been with the officers gave similar testimony.
However, Holm opined that Rivers' own words couldn't be used as evidence and that there had to be independent evidence that they had assumed their authority as police officers, despite being off the clock.
Prosecutors disagree and feel the statements were sufficient proof, because they occurred during the act.
The trial continues today with further testimony from defense witnesses. Jury deliberations are likely to start on Monday.
But Officers Edward Rivers Jr., 39, and Johnny Taflinger, 33, remain on trial for felony assault and misdemeanor battery, charges that could result in four-year prison terms.
Judge Carl Holm dismissed the police brutality charges on Wednesday and said the prosecution didn't prove beyond a reasonable doubt that defendants were acting under the color of authority when the alleged crime occurred.
Rivers and Taflinger are accused of chasing down and beating East Palo Alto resident Calvin Brooks on Aug. 21, 2004 after Brooks attempted to sell them crack cocaine in a west-side 7-Eleven parking lot. The officers admit to chasing Brooks but deny the assault.
Brooks was hospitalized the next day with a fractured rib, which the defense doubts was inflicted by the accused officers. The District Attorney's Office initiated its investigation after Officer David Carson reported Rivers disclosed the beating to him. Neither the accused officers nor the alleged victim reported the incident.
Rivers and Taflinger told investigators — and Rivers testified on the stand — that Rivers identified himself as a police officer when they gave chase. Brooks and a civilian witness who was had been with the officers gave similar testimony.
However, Holm opined that Rivers' own words couldn't be used as evidence and that there had to be independent evidence that they had assumed their authority as police officers, despite being off the clock.
Prosecutors disagree and feel the statements were sufficient proof, because they occurred during the act.
The trial continues today with further testimony from defense witnesses. Jury deliberations are likely to start on Monday.