Lubomyr Prytulak Ukrainian Archive, www.ukar.org [Address] [Telephone] [Email] 20-Feb-2003 |
The prosecution suffered another setback just days before the trial was set to open, losing its star witness when Rafael Perez was accused by a former girlfriend of having committed several murders. Through his attorney, Perez said that if pressed in court he would invoke the Fifth Amendment rather than answer questions about the alleged slayings. That would in turn compromise the right of the defense to cross-examine a prosecution witness; legal experts say the judge then would be required to either strike Perez�s testimony or declare a mistrial. Last week, prosecutors lost a second key witness when Greg Yates, attorney for gang member Alan Lobos, said his client would also invoke the Fifth Amendment rather than answer questions on yet another homicide. Lobos contends that he was framed by the CRASH unit, but in their opening statement, defense attorneys said he invented the story to obscure his connection to a gang shooting. For all the problems prosecutors say they�ve had collecting evidence and presenting witnesses, Superior Court Judge Jacqueline A. Connor has afforded them little sympathy. Connor refused to permit the presentation of five witnesses to one of the alleged frame-ups, asserting that they were introduced too close to the trial date. She�s consistently upheld defense objections and ruled against the prosecution. Here again, the prosecution may have run into a case of institutional bias. Connor is a former prosecutor herself with a reputation for meting out tough sentences to gang members, and her husband, James Bascue, also a Superior Court judge, worked closely with LAPD CRASH as head of the D.A.�s hardcore gang unit. Charles Rappleye, Another Fine Mess: Rampart scandal staggers into court, LA Weekly, 27-Oct-2000 to 02-Nov-2000 www.laweekly.com/ink/00/49/news-rappleye.php |