Judge dismisses Torrance drug case

L.A. County prosecutors say police included false information in Michael Edward Baker's arrest report last year. Baker now faces trial on a federal indictment.

A reputed drug dealer's five-year prison sentence has been overturned and the charges dismissed after Los Angeles County prosecutors conceded this week that police included false information in an arrest report to protect the identity of a confidential informant.

The inaccuracies were discovered after a defense attorney for Michael Edward Baker found a sworn declaration by a federal agent that sharply contradicted the version of Baker's arrest given by a Torrance officer who had been accused several times in the past of lying under oath. The misleading account was also contained in a document provided by a veteran LAPD detective.

Torrance officers contend that they happened upon Baker while on patrol last year near a 7-Eleven store and noticed that he matched the description of a suspect in a robbery at the store earlier in the day. They said they stopped him, found PCP in his car and arrested him on drug charges.

But according to the federal agent, Torrance police set up Baker. The agent -- who was part of a task force investigating Baker -- said that Torrance police used one of his informants to call Baker and arrange a drug deal near the 7-Eleven.

On Wednesday afternoon, Assistant Head Deputy Dist. Atty. Scott Goodwin told a Superior Court judge that there was overwhelming evidence that Baker was guilty. Nevertheless, he said the drug sales case should be thrown out.

"In what appears to have been an attempt to protect and shield a confidential informant, there were certain statements made in a police report that weren't accurate," Goodwin told the judge.

Judge Craig J. Mitchell set aside Baker's conviction and dismissed the drug sales charges. He did the same for Latera Odom, who was arrested with Baker and sentenced last year to 67 days in jail and three years' probation.

Baker's attorney, Deputy Public Defender Randall Rich, said the officers' tactic in using the informant to set up an arrest was perfectly legal. But he accused officers of lying to protect the identity of the informant and said that such conduct was illegal.

"Officers lied, filed false reports and covered for each other," Rich said. "Had the police been honest about what they did, Mr. Baker would likely have been convicted and punished."

Goodwin declined to comment on the case. A district attorney's spokeswoman said the office had yet to decide whether to review the officers' conduct for possible criminal charges.


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