Conclusion and Findings: 1) It is found that Officers Manuel Temores, Kelly Burger, Natasha Powers and Dennis Burns committed PC 135 and PC 182 when they destroyed Officer Temores’ taser cartridge and the THRID taser probe secured by Officer Burger. 2) It is found that Officers Manuel Temores, Kelly Burger, Natasha Powers and Dennis Burns committed PC 141(b) and PC 182 when they photographed the crime scene and other evidence absent the evidence that they destroyed, (Officer Temores’ taser cartridge and the THIRD taser probe secured by Officer Burger. Summary of Facts: 3) Ofc.Temores testified under penalty of perjury that he did not fire taser probes from his taser gun, that he dropped his taser cartridge to the ground and that it broke. 4) Ofc Burger is heard and seen on the MAV recordings verifying with Ofc. Powers and the Medics at the scene that both both he and Ofc. Temores fired two taser probes from 2 separate firings and that 4 probes total were discharged during the incident. 5) Ofc. Temores is contradicted with direct evidence from his fellow officer, Ofc. Temores committed perjury. 6) Ofc. Burger is seen retrieving a taser probe from Temores’ patrol car. This taser probe is never secured into evidence in violation of department policy. This taser probe is never photographed. 7) Ofc. Burger has direct knowledge of the destruction of the taser probe in his hand as well as Ofc. Temores’ taser cartridge. Ofc. Burger has not done anything to reveal the illegal acts. Ofc. Burger is complicit in the destruction of evidence. 8) Chief Burns is Powers’, Burger’s and Temores’ supervisor who falsely stated in a discovery request that it is department policy to destroy evidence when the fact is department policy is just the opposite. This is a direct act on the part of Chief Burns to cover up the unlawful destruction of evidence. 9) Sgt. Powers was responsible for securing all of the evidence into property. She never secures the taser probe in Burger’s hand into evidence and she never secures Temores’ taser cartridge into evidence: Conclusion: 10) Officers Temores, Burger, Powers and Burns knew that Temores’ taser cartridge and the taser probe seen in Burger’s hand were about to be produced as evidence upon a trial, an inquiry and the DA investigation, all authorized by law, and they willfully destroyed and concealed the taser cartridge and the taser probe with the intent to prevent them from being produced, and actually did prevent from being produced and therefore are guilty of violating Penal Code 135, this Conspiracy if a violation of Penal Code 182. 11) Ofc. Temores is seen on the video removing evidence from the crime scene and placing it in his pant leg pocket. Ofc. Burger is seen retrieving a taser probe from Temores’ patrol car. This taser probe is never secured into evidence in violation of department policy. This taser probe is never photographed. 12) Numerous photographs were taken of the crime scene however not one photograph was taken of Temores’ taser cartridge, taser probes, taser wire or AFIDS and not one photograph was taken of the taser probe in Ofc. Burger’s hand demonstrating a deliberate act to conceal the second firing of taser probes. 13) The two taser probes found in “evidence/property” are not the two taser probes that Officer Powers documents in her report as being the taser probes secured into “property/evidence.” Conclusion: 14) The act of removing Temores’ taser cartridge from the crime scene without documenting it with photographs and then photographing the crime scene is a deliberate act to falsely portray the crime scene. The act of removing the taser probe in Burger’s hand from the crimes scene without documenting it with photographs and then photographing the crime scene absent the taser probe is a deliberate act to falsely portray the crime scene. These two deliberate acts to falsely portray the crime scene were done to with the specific intent that the action would result in a person being charged with a crime and with the specific intent that the physical matter would be wrongfully produced as genuine or true upon any trial, proceeding, or inquiry whatever, a violation of California Penal Code 141(b) 15) Through their direct acts and subsequent acts to further the commission of PC 141(b) Officers Powers, Temores, Burger and Burns all have committed 141(b) and PC 182 conspiracy. |
The Law: Pursuant to the U.S. Constitution and Supreme Court's decision in, Brady v. Maryland, the withholding exculpatory evidence violates due process "where the evidence is material either to guilt or to punishment"; California Government Code 34090 and 34090.5 states that under certain circumstances original documents, records, documents, papers, books and instruments may be destroyed if an exact duplicate is made of the original in which no tampering could have taken place. California Penal Code 1054.1 (c) states that the prosecution is to disclose all all relevant real evidence seized or obtained as a part of the investigation of the offenses charges. (This includes prosecutiong agencies assisting in the prosecution as they are a part of the "prosecution team.") California Penal Code 135 states: "Every person who, knowing that any book, paper, record, instrument in writing, or other matter or thing, is about to be produced in evidence upon any trial, inquiry, or investigation whatever, authorized by law, willfully destroys or conceals the same, with intent thereby to prevent it from being produced, is guilty of a misdemeanor." California Penal Code 141 (b) states: "Any peace officer who knowingly, willfully, and intentionally alters, modifies, plants, places, manufactures, conceals, or moves any physical matter, with specific intent that the action will result in a person being charged with a crime or with the specific intent that the physical matter will be wrongfully produced as genuine or true upon any trial, proceeding, or inquiry whatever, is guilty of a felony punishable by two, three, or five years in the state prison." California Penal Code 182. (a) states: If two or more persons conspire: (1) To commit any crime. (2) Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime. (3) Falsely to move or maintain any suit, action, or proceeding. (4) To cheat and defraud any person of any property, by any means which are in themselves criminal, or to obtain money or property by false pretenses or by false promises with fraudulent intent not to perform those promises. (5) To commit any act injurious to the public health, to public morals, or to pervert or obstruct justice, or the due administration of the laws. |