Tag Archives: murder

Judge Throws out “Coerced” Confession in Murder Case in Los Angeles

Can the statement that you gave police be used against you in court?   Most likely yes.  But it does need to pass some requirements.

First, your statement must be voluntary, as in not “coerced.”  This means that law enforcement can not physically harm you to get a statment.  Furthermore, detectives  cannot give you false promises of leniency.   Detectives can and usually do lie to people about the evidence they have against them.  Unfortunately, this is not against the law and by itself will not make a statement coerced.

Your age and the circumstances of your detention will also play into whether your statement is considered coerced.  Young age and mental competence will be considered voluntary or coerced.  For example, if you were detained for a long time and not allowed any water or bathroom visits during the interrogation, this may be a factor to show  involuntariness.  

The final factor if you are in custody when you make your statement is if you were given your miranda advisements prior to agreeing to talk to the police. 

 

 

Los Angeles judge finds confession was coerced, frees murder defendant

The jurist says ‘it wasn’t even a close call’ whether LAPD detectives coerced the man, 19 at the time, into changing his story, his lawyer reports. The teen had denied involvement dozens of times.

A man on trial for murder was set free this week after a judge found that Los Angeles police had coerced him into confessing.

Edward Arch, who was 19 at the time of his 2007 arrest and spent more than three years in jail awaiting trial, would probably have been sentenced to life in prison had the jury in the case convicted him.

However, before jurors were to begin deliberations, Los Angeles County Superior Court Judge Harvey Giss took the rare step of granting a request by Arch’s attorney Wednesday to dismiss the case because of a lack of evidence.

“I’ve been a criminal defense attorney for over 35 years and handled well over a hundred murder cases, and I’ve never had a judge grant a motion like this,” said Arch’s attorney, James Goldstein. “I don’t believe it was the officers’ intent to extract a false confession, but the tactics they used greatly increased the risk of that occurring.”



 

A spokeswoman for the Los Angeles County district attorney’s office refused to comment on the case, saying a co-defendant is still to stand trial in the case. Two of the detectives who interrogated Arch, Gene Parshall and Efren Gutierrez, did not respond to calls seeking comment. A third detective, John Macchiarella, declined to discuss the details of the case, saying only that he “disagreed with the judge’s decision.”

The trial stemmed from a shooting in May 2007 after a group of men in a North Hills neighborhood got into a verbal dispute with another man as he drove by. At least two men in the group allegedly gave chase and, when they tracked the man down, one of them shot him multiple times at close range.

Three weeks after the killing, detectives interrogated Arch at the LAPD‘s Mission Station. Arch, who had no serious criminal history, had allegedly been identified by residents in the neighborhood as one of the men in the group during the initial confrontation.

From the start of the roughly 90-minute interrogation, the detectives told Arch they had eyewitness accounts of him being in the car that chased down the victim. Two other suspects had also implicated him, the detectives told him.

“It’s not the question of whether you were in that car or not,” Parshall said, according to a transcript of the interview reviewed by The Times. “The question is, what led up to this guy getting shot?”

“I wasn’t in no Nissan,” Arch responded, calling the witnesses “liars.”

The teenager acknowledged that he knew the two other men whom police suspected of being involved in the killing. Despite intense questioning by the detectives, Arch said dozens of times that he had had nothing to do with the killing and hadn’t been in the car. He remained insistent that he had been in his aunt’s house playing video games when the men drove off. He offered to take a lie detector test.

There are no legal or ethical rules prohibiting detectives from lying to suspects or exaggerating the evidence they have in an effort to extract a confession. They cannot, however, entice a suspect by promising he’ll receive leniency or will be let go if he admits his involvement in a crime. Detectives must also be careful not to lead a suspect along by telling him what they believe occurred, since the suspect might then simply repeat the story he was told in a false confession.

The detectives apparently crossed both these lines in the eyes of the judge, who commented in court that “it wasn’t even a close call” whether Arch had been coerced, according to Goldstein.

Parshall, for example, laid out in detail for Arch how he believed the chase and the shooting occurred as he tried to get the teen to admit he had been in the car.

And later, Gutierrez told Arch that he wouldn’t get a “free pass” if he admitted to being in the car but that he was “gambling with [his] freedom” if he continued to insist on his innocence.

“You’re either a witness or you’re a defendant,” Gutierrez told Arch. “You were either in the car when you saw the murder go down and you didn’t know anything about it or you were part of it. And if you were part of it … we’re all going to be able to prove premeditated murder.”

Goldstein said the detectives had gone too far.

“Basically, they were telling him he could walk out that door if he admitted he was involved,” Goldstein said.

As soon as Gutierrez gave Arch the choice of being a “witness” or a “defendant,” Arch changed his story dramatically, saying he had, in fact, been in the car with Michael Brown, one of the other suspects.

He said he had gotten into the car because he wanted a ride to the store to buy cigarettes. As they chased the victim, Arch said, he asked several times to return home but Brown refused. He said he hadn’t seen the gun until Brown, who is awaiting trial, got out of the car and shot the man.

After the shooting, Arch said, Brown handed him the gun and he tossed it out of the car’s window.

The detectives asked why he had lied earlier.

“I knew, like, if I was in the car with him when something happened, I’m going to get in trouble,” he said.

Arch’s whereabouts are unknown, and he could not be reached for comment.

joel.rubin@latimes.com

jack.leonard@latimes.com

Copyright © 2011, Los Angeles Times

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Shocking Arrest of Former Detective on Cold Case

Shortly after she sat down at her desk on the third floor of LAPD headquarters Friday morning, Det. Stephanie Lazarus was told a suspect in the basement jail had information on one of her cases. The 25-year police veteran went quickly downstairs.

As Lazarus removed her firearm to pass through security, she unknowingly walked into a trap. There was no suspect — only questions about a terrible secret police believe she has been harboring for more than two decades.

Now disarmed, Lazarus, 49, was confronted by homicide detectives and arrested on suspicion of the 1986 slaying of a woman who had married Lazarus’ ex-boyfriend. The dramatic break in the decades-old case sent shock waves through the tight-knit LAPD community, marking one of the few times in the department’s history that one of its own officers has been accused of murder.

“It’s painful,” LAPD Chief William J. Bratton said. “But murder is also very painful.”

Calling it an apparent “crime of passion,” Deputy Chief Charlie Beck said Lazarus allegedly beat and fatally shot Sherri Rae Rasmussen, a 29-year-old hospital nursing director, two years after joining the department.

Three months after they were married, Rasmussen’s husband returned to their Van Nuys condominium on the evening of Feb. 24, 1986, to discover his wife’s badly beaten body on the floor in the living room. She had been shot several times, Beck said.

Days after the slaying, two men robbed another woman in the area at gunpoint. Homicide detectives suspected that the pair had also killed Rasmussen when she came upon them burglarizing her home, according to news reports from the time. Rasmussen’s parents, newspapers reported, offered a $10,000 reward for the men’s capture.

The search for the men led nowhere. Like thousands of other homicides from the period, the case remained open and collected dust on storage shelves as detectives struggled to keep pace with L.A.’s dramatic surge in violent crimes.

But with homicides in the city falling to historic lows, LAPD detectives have had unusual freedom in recent months to revisit cold cases. Detectives returned to the Rasmussen killing in February, testing blood or saliva samples from the crime scene and thought to have been from the killer. The DNA tests showed that the attacker was a woman, disproving the theory that Rasmussen had been killed by a man.

Detectives scoured the original case file for mention of any women who could have been overlooked during the investigation. Beck said they found a reference to Lazarus, who was known at the time to have had a romantic relationship with the victim’s husband, John Ruetten. Ruetten allegedly broke off the relationship and soon after became involved with Rasmussen, said sources familiar with the investigation who were not authorized to speak publicly.

With suspicion falling on an LAPD cop, the case took on sensitive and explosive tones inside the department. To minimize the chances that word of the reopened investigation would leak, only a small circle of detectives and high-ranking officials were made aware of it. Last week, an undercover officer surreptitiously trailed Lazarus as she did errands, waiting until she discarded a plastic utensil or other object with her saliva on it, police sources said.

The DNA in her saliva was compared with the DNA evidence collected from the murder scene. The genetic code in the samples matched conclusively, police said.

Lazarus was not pursued as a suspect at the time of Rasmussen’s slaying, according to Beck. The two homicide detectives originally assigned to the case have retired and had not yet been contacted by police, he added. Beck declined to say why the detectives did not look more closely at Lazarus as a possible suspect.

Asked at an afternoon news conference whether Lazarus had been either deliberately or mistakenly overlooked because she was a cop, Beck said: “I don’t know the answer to that at this point.” Reached at his home in Arizona, Rasmussen’s father, Nels E. Rasmussen Jr., indicated that he believes so. “We are not surprised that the arrest was made,” he said.

One of the original detectives in the case, Lyle Mayer, said he never interviewed Lazarus in the course of his investigation and continued to believe the burglary theory until his retirement in 1991.

Police officials declined to comment on whether they believe anyone else was involved in the killing. Lazarus was being held without bail and could not be reached for comment.

Officers responded with shock as news of the arrest spread through the department.

“Never in my wildest imagination would I ever think she could do something like this,” said one longtime officer, who socialized frequently with Lazarus. “We drank beers. She was always quick to give you a hug or tell a joke.” The officer spoke on condition of anonymity. Lazarus’ current partner, Det. Don Hrycyk, refused to comment.

Lazarus joined the department in 1983, a year after she graduated from UCLA with a degree in sociology, LAPD and university records show. After several years as a rank-and-file patrol officer, she was promoted to detective and, in 2006, landed a high-profile assignment with Hrycyk tracking stolen artwork and forgeries. There are references in department publications to Lazarus earning public commendation for her work.

She hardly shunned the spotlight. In a recent LA Weekly profile, Lazarus joked that all she knew about art was that it “hangs on the wall” and that “after working here and seeing all the phony art, I said, ‘I can do that.’ ” Lazarus, who according to police has a young daughter and recently married another LAPD detective, told the newspaper that she had started taking oil-painting classes and had first become interested in art when she visited Europe as a teenager. Last year, she gave interviews after helping capture two men convicted of a string of art thefts in the Wilshire area and in Beverly Hills.

Until her death, Rasmussen was director of critical-care nursing at Glendale Adventist Medical Center. Her slaying stunned colleagues, who referred to her as a vital member of the staff, according to news reports. On the day she was killed, she had reportedly stayed home from work after straining her back in an aerobics class. In an article about the family’s reward, her father said Rasmussen had entered college at 16 and had taught for a period at UCLA.

“It’s safe to say we have some closure,” said Ruetten, the victim’s husband, when reached at his home in San Diego. “It’s been a horrible thing to go through it all again.”

andrew.blankstein@latimes.com

Article by LA Times