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Transcripts on Rampart Belie D.A.

Cooley said last year he dropped 82 cases in part because Durden had implicated only himself and Perez, but he'd named eight others.

March 01, 2003|Scott Glover and Matt Lait, Times Staff Writers

When Los Angeles County Dist. Atty. Steve Cooley announced three months ago that his office was wrapping up its investigation into the Rampart police corruption scandal, he made a point of informing the public that a key figure in the case -- former Officer Nino Durden -- implicated only himself and his partner, Rafael Perez, in any wrongdoing.

In explaining their decision to decline prosecutions in 82 Rampart-related cases, officials from the district attorney's office noted that Durden "implicated no officers in misconduct other than himself and Perez."


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But transcripts of Durden's secret debriefings with authorities, recently obtained by The Times, show that Durden did in fact accuse eight other fellow anti-gang officers of serious -- in some cases, criminal -- misdeeds, including falsifying accounts of police shootings to make the actions of officers appear more professional. Durden made those accusations in the presence of two high-ranking prosecutors in Cooley's office, according to the transcripts.

In an interview, one of the two prosecutors, Head Deputy Dist. Atty. Bill Hodgman, acknowledged that the office's characterization of Durden's testimony was wrong. The second prosecutor, Deputy Dist. Atty. Peter Cagney, called it "inartfully written." Both said they viewed Durden's allegations against his colleagues as potentially criminal, but did not believe there was enough evidence to take any case to trial.

While Cooley's office has disbanded its Rampart task force, federal prosecutors are continuing a criminal probe of at least three officers whom both Perez and Durden accused of lying about circumstances surrounding the 1996 shooting of an unarmed gang member.

The mischaracterization of Durden's account is fueling skepticism by critics, who say that despite tough talk about Rampart while he was campaigning for office, Cooley has since lost interest in the case.

Cooley himself would not comment, but a spokesman said the district attorney has pursued the Rampart investigation vigorously.

"The position of the office is that the Rampart investigation was a search for criminal culpability," said Joe Scott, director of communications for the district attorney. "The charges filed, the convictions obtained and the few remaining LAPD investigations being handled by the Justice System Integrity Division are the extent of it."

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