Jerry L. Steering, Esq., is a Civil Rights and Police Misconduct Lawyer, serving, among other places the City of Anaheim, California and the Orange County cities shown below. Mr. Steering has been suing police officers, and defending bogus criminal cases (mostly bogus crimes against police officers) since 1984. Mr. Steering represents the victims of ”Police Misconduct”, such as the victims of the use of excessive force, false arrests and bogus criminal prosecutions.
Anaheim, California is rife with daily police outrages. As most police agencies do, if you give them an inch they will take a mile. Unfortunately, Anaheim Police Department officers often beat, shoot, tase, torture many innocents and other, often for career advancement and pure sadistic pleasure. This is not left propoganda. This is the sad reality of our times. After all, the police state isn’t the police; it’s the public. It’s the public approval of police outrages by voting for police defendants in civil rights case, and by voting to convict true innocents based upon straight-up lies in court by police officers.
Almost all “resistance offense” criminal cases are procured by the same police agency that perpetrated the very outrage complained of against the innocent civilian. This is done to shift the blame from the police officer to the beating victim (you, the innocent) for necessitating the use of force or other outrage. What the police and the prosecutors do is to charge you with committing some act that they claim is a crime and that somehow justified the police beating that you received. This is no joke. This is how the game works.
This author has been playing this game since 1984 and things have only gotten worse for the innocent civilian in the real world of what the police can do to you and your home and property. The American public basically has no idea what their basic rights and freedoms are, and how they have been shrinking since 1968. No one except the police, the lawyers and the judges care about these shrinking constitutional protections until some police outrage is perpetrated against them or a loved one.
Moreover, most law abiding innocent types who didn’t grow up in the ghetto do not believe that police officers do bad things to people who don’t deserve it. When we hear about a claim in the media that the police perpetrated some outrage against a civilian, the first thing that comes to our mind is what did the civilian do to make the police do what they did to him. Culturally, we tend to shift the blame for the use of force or other serious intrusion on the liberty of another, to the person upon whom the force was used.
What suing police officers and defending bogus “resistance offense” criminal cases since 1984 has taught this author, is that the civilian usually is the one completely in the right, and the constable usually is the one in the wrong. This is the Contempt of Cop Game, and it is a game in a very real sense.
The first rule of this game is that police perjury is rampant and sanctioned by public prosecutors.
In this world there really is no crime of perjury; at least one that is enforced. In California the prosecution need to show more than the testimony of a single witness to convict another of perjury:
(a) Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false, and every person who testifies, declares, deposes, or certifies under penalty of perjury in any of the cases in which the testimony, declarations, depositions, or certification is permitted by law of the State of California under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury.
This subdivision is applicable whether the statement, or the testimony, declaration, deposition, or certification is made or subscribed within or without the State of California.
(b) No person shall be convicted of perjury where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant. Proof of falsity may be established by direct or indirect evidence.
No one gets prosecuted for perjury save a few politicians and entitlement recipients. The police all know this. The judges all know this. The lawyers all know this. The bailiffs all know this. The courtroom clerks all know this. The court reporters all know this. So, not to worry about lying police reports. If they are put on the stand by the prosecution and they get caught lying for the prosecution, there is zero chance that the prosecutor is then going to prosecute them for perjury.
The second rule of the game is that in the real world that the police can fabricate their police reports to procure your bogus criminal prosecution, without any real world repercussions.
After the police beat you up and/or falsely arrest you and the police agency submits a “package” to the District Attorney’s Office, the Deputy District Attorney who reviews the case for potential criminal filing are almost always simply going to accept and rely on what is shown in the initial police reports. This not because these filing Deputy District Attorneys are evil people.
This is because these Deputy District Attorneys simply don’t have the time to extensively review anything other than the initial arrest reports in making their decision to prosecute the subjects of those reports. Most Deputy District Attorneys who make the decisions whether to prosecute you and what for are forced to review between 15 and 30 cases per day. There is simply no time other than to read the initial arrest reports. There is no time to review the audio or video recordings, the use of force reports, any internal investigations (that the DA actually has to move the court to even see) or other items of evidence.
Police officers are trained on how to justify their conduct in court; both when they are attempting to frame you in a criminal case for some “resistance offense” (i.e. the defendant struck my fist with his jaw). Moreover, the laws of search and seizure of persons, places and property are extremely complicated and are ever changing. The police know what police keywords / buzzwords they can accuse you of that will ultimately, in the real world almost always justify their conduct. Accordingly, it is easy for the police to procure your bogus criminal prosecution, to shift the blame for their conduct from them to you, and to preclude you from suing them via your bogus criminal prosecution.
MR. STEERING IS A POLICE MISCONDUCT ATTORNEY.
Mr. Steering has been defending these bogus criminal cases and suing the involved officers since 1984.He understanding the ever changing legal landscape and understands how to play this Contempt of Cop game to get you justice; both in the form of vindication in the bogus criminal action brought against you, and compensation and vindication in the form of monetary compensation for the police outrages perpetrated against you.
Mr. Steering’s law practice serves Orange County, and the Orange County cities shown below, as well as Ventura County, Los Angeles County, San Diego County, Riverside County, San Bernardino County, Imperial County and other locations throughout California. Mr. Steering is also licensed to practice law in the State of Georgia and has practiced in federal courts outside of California pro hac vice, including the United States District Court for the District of Columbia. Mr. Steering is also a Members of the Bars of the Ninth Circuit Court of Appeals, the Eleventh Circuit Court of Appeals and the United States Supreme Court (since 1987).
The majority of Mr. Steering’s firm’s law practice is defending bogus “contempt of cop” criminal actions, usually followed by Mr. Steering filing and prosecuting lawsuits against the very same police officers who beat-up, falsely arrested and falsely accused the innocent of criminal conduct, to protect themselves and their employing agency from liability to the innocent for their outrages.
Most of Mr. Steering’s criminal and civil cases involve core Bill of Rights type issues; the difference between living in a free society of a police state. Most of these federal civil rights cases involve police violation of person(s) fourth amendment rights (i.e unreasonable searches of persons and their places and effects, and unreasonable seizures of person (false arrest and unreasonable force, procuring bogus and malicious criminal prosecutions) and first amendment violations (retaliation for protected speech and to petition for redress and various other “Constitutional Torts” , including police whistleblowing cases (Cal. Labor Code Section 1102.5.)
He has been involved in these types of cases involving Anaheim Police Department officers since 1986. Anaheim Police Department officers are quite adept in planting evidence to frame innocents, falsely arresting innocents and even killing innocents for many years now; all with impunity.
Anaheim is rather unbiased in their treatment of civilians. No matter your race, color or creed, all are treated equally poorly and oppressively. Anaheim police officers learn early on that they literally can beat, falsely arrest and procure the filing of a bogus criminal action against those whom they abuse. This not some lefty propaganda or overstatement of the state of our country. It is reality. Anaheim PD was the leading agency that literally created the Orange County Snitch Scandal; a massive scandal involving Anaheim PD and using illegal jailhouse informants to obtained confessions from inmates at the Orange County Jails. They used real life former Mexican Mafia gang members, who were inmates in the jail and on the City payroll, to literally coerce and scare inmates into making incriminating statements; confessions that were often false, made simply to avoid violence by the Mexican Mafia.
Some police officers can handle the awesome power over civilians, and some cannot. The Anaheim Police Department has its share of those who cannot. Ergo, here come I.
unlawful arrest claim; false arrest as matter of law.) Plaintiffs obtained $400,000.00 for four hour false arrest of father (and son), for father telling police that he didn’t know of his son hit a opossum with a shovel (which isn’t a crime anyway),so busted the father for violation of Cal. Penal Code 32 (i.e. “accessory to crime”, for not incriminating his son, for something that isn’t a crime. See, Oliver v. City of Anaheim; Ninth Circuit Court of Appeals.
Mr. Steering has also had many acquittals in Orange County Superior Court; especially in cases involving false arrests.
Norma Cortez v. City of Anaheim; Mr. Steering also obtained $300,000.00 from the City of Anaheim, for the use of police tactics that placed the plaintiff in a position of danger; a danger that did happen (i.e. non-lethal bystander gunshot wound); Norma Cortez et al. v. City of Anaheim, et al.; United States District Court for the Central District of California.
Mr. Steering also obtained $95,000.00 settlement for the seven minute long false arrest of an El Segundo Police Officer (Gregory Howden v. City of Anaheim.)
WHY THE POLICE SO EASILY GET AWAY WITH THEIR CONSTITUTIONAL VIOLATIONS.
None one gets elected to an elected office of government by campaigning that they are going to curtail abuse of civilians by peace officers. Even when the LAPD took over the narcotics business in Central Los Angeles (i.e. the LAPD Rampart Scandal), both incumbent Mayor James Hahn and his challenger, Antonio Villaragosa, claimed that they were the candidates that had the backing of the LAPD, to garner votes in their election race for Mayor of Los Angeles. It didn’t matter that the LAPD was then, as much of a RICO criminal enterprise as any gangster or Mafioso that the federal Criminal RICO statute, 18 U.S.C. §§ 1961-1968), was designed to combat. All that mattered is that the public really didn’t care all that much about the police abusing others. “Whitey” cannot imagine that in the real world, with the way that they look, and with the cars that they drive, responsibly enough, that the police are not going to mess with them. “Whitey” believes that people who the police abuse, such as by humiliating detention techniques, malicious and knowingly made false arrests, outrageous malicious criminal prosecutions, physical beatings, often to the verge of death, must have done something to have caused the police to have acted in that manner. They are in la la land, until it happens to them.
On the other hand, brown people may know that you don’t have to do anything wrong to be abuse by the police. That’s not to say that the police don’t mess with caucasians. It is to say that they’re aren’t too many white people living in Watts or Compton, and there’s a reason for that. The police in Watts or Compton don’t treat the locals, like the police in Beverly Hills.
POLICE MISCONDUCT IN ORANGE COUNTY, CALIFORNIA.
The sad fact is that most good citizen types have a fantasy world belief system about the police. They believe that police officers don’t do bad things to people who don’t deserve it, and that for the most part, most of the claims that we all hear about of police brutality and other police transgressions are either false, overblown and extremely rare. Chances are that if you are reading this article, that: 1) you used to be one of those fantasy world types and 2) you are not that way any more.
ALL ORANGE COUNTY POLICE AGENCIES ARE INSTITUTIONALLY DISHONEST, AND SOME ARE SIMPLY BRUTAL, SADISTIC AND ROUTINELY PROCURE THE BOGUS CRIMINAL PROSECUTION OF THEIR VICTIMS.
In today’s world of civil litigation and a never ending cascade of civil judgements against police officers and their employing entities,police agencies are in the real world, never really honest and forthcoming. It is just not within them. Their political office and desire to remain there or to attain higher office will generally cause otherwise honest public servants, to deny that not proven by video or audio recordings, or other real evidence.
In the real world, there is no such thing as perjury. Perjury takes place in virtually every trial in some form. Ask any trial lawyer, judge, court reporter, clerk and bailiff. If the court staff had a nickel for every canard or prevarication or outright lie told by a peace officer in a California state or federal courtroom, they would be richer than Bill Gates. There are two sides testifying in every civil trial. Someone is lying; one or the other. Same thing in criminal cases, except because of one’s right not to be called a a witness against oneself at trial (U.S. Const. Amend. 5), “There ain’t no lying when there’s no testifying”. Moreover, in California, perjury requires either two witnesses or one witness whose testimony can be corroborated:
Cal. Penal Code Section 118 provides:
“(a) Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false, and every person who testifies, declares, deposes, or certifies under penalty of perjury in any of the cases in which the testimony, declarations, depositions, or certification is permitted by law of the State of California under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury.
This subdivision is applicable whether the statement, or the testimony, declaration, deposition, or certification is made or subscribed within or without the State of California.
(b) No person shall be convicted of perjury where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant. Proof of falsity may be established by direct or indirect evidence.”
The District Attorney’s Office is not going to prosecute one of their officer witnesses who get caught lying on the stand. Instead they will usually defend the officer, turning justice on it’s head. The fact is that barring political human sacrifices (i.e. Mark Furhrman lying about using the “N” word at O.J. Simpson’s criminal trial or going after welfare recipients), public prosecutors just do not prosecute perjury cases; especially against their own witnesses. In the police profession, lying under oath well isn’t a vice, it’s a virtue.
THE GOOD OL’ BOYS NEVER LEFT ORANGE COUNTY.
Brad Gates is perhaps Orange County’s most colorful politician, a 6-foot-4 San Juan Capistrano native who got his first taste of policing as a member of the Sheriff’s Junior Mounted Posse, a volunteer organization that patrolled on horseback. He referred to himself as a “cowboy,” and his office adornments include the souvenir book “Sheriffs of the Wild West.”
In 1989 Orange County Sheriff Brad Gates has finally had a verdict rendered against him for violating the civil rights of a political rival by using sheriff’s investigators by tape-recording their conversations and trumping up charges against them. He also essentially sold Carry Concealed Weapon permits to his campaign contributors.
Sheriff Gates is perhaps Orange County’s most colorful politician, a handsome, 6-foot-4 San Juan Capistrano native who got his first taste of policing as a member of the Sheriff’s Junior Mounted Posse, a volunteer organization that patrolled on horseback. He sometimes refers to himself as a “cowboy,” and his office adornments include the souvenir book “Sheriffs of the Wild West.” He announced his intent to retire in 1997.
THE ELECTION FOR ORANGE COUNTY SHERIFF OF 1998; MIKE CARONA vs. PAUL WALTERS.
In a bitter contest between two former friends, in 1998 Orange County Marshal Mike Carona beat Santa Ana Police Chief Paul M. Walters by several points in the race to succeed longtime county fixture Brad Gates and become the first new Orange County sheriff in 24 years. Brad Gates had his own sordid history of cronyism and corruption during his 24 years as the Sheriff of Orange County.
Orange County, California had a Sheriff’s Department that was run by Sheriff Mike Carona, who was released from federal prison in 2015 for witness tampering (instructing witness (Assistant Sheriff Don Haidl) to lie to a federal Grand Jury.) Carona was the Head Marshall for the Orange County Marshall’s Office, that used to serve as the bailiffs and the court security personnel at the Orange County Courthouse. The County Marshall’s Office used to also serve “civil process” and executed arrest warrants.
Until Sheriff Carona went to prison, Orange County was a fantasy assignment for those truly sadistic peace officers, who “get-off” on beating inmates and arrestees. Carona’s Assistant Sheriffs, George Jaramillo and Don Haidl were both criminally prosecuted.
Mike Carona was the former head Orange County Marshall before the Sheriff’s Department took over Court Services, such as bailiffs in the Court rooms. He was never a line / street cop. When Sheriff Carona ran for Sheriff his campaign and political tactics were influenced to commit unlawful acts by the same two Gentlemen who did the same with the 1998 campaign for District Attorney. Gabriel Nassar and Eugene Abbadessa convinced both newly elected Sheriff Carona and newly elected District Attorney Tony Rackauckas both “sold” bages (Carona; Deputy Sheriff’s badges [Reserve]) and “Commissioner” badges (for the Tony Rackauckas Foundation) for a $5,000.00 “constribution”.
Following Sheriff Mike Carona’s conviction for witness tampering (and his trip to federal prison), Sandra
Hutchens was appointed by the Orange County Board of Supervisors in 2008, and thereafter elected Sheriff in 2010.
Although Sheriff Hutchens really did dramatically reduce the incidents of beatings of inmates by jail deputies, and also somewhat reduced the level of brutality being inflicted upon innocents and others by sheriff’s department deputies on the streets, she brought trouble with her from Los Angeles, and that trouble has finally been exposed.
The Orange County Sheriff’s Department and the Orange County District Attorney’s Office have been involved in felonious, unconstitutional and tortious conduct by using jail house informants to obtain incriminating statements from jail inmates. See, Jail informant scandal: O.C. sheriff apologizes but says any misconduct was limited to ‘a few’ deputies, Los Angeles Times, May 23, 2017.
Most people think, “Oh well, they’re just getting the guilty guy to confess to what he did so what is the big deal?” Here is the big deal.
First, the way that the Orange County Sheriff’s Department, in conjunction with the Orange County District Attorney’s Office, obtained “admissions” and “confessions” from those whom they did not have sufficient evidence to prosecuted, and often even to have arrested them.
The United States Constitution provides that you have the right to counsel at any critical stage of a criminal proceeding, and you also have a right against self-incrimination. Contrary to popular belief, the police have never been required to read “your rights” (Miranda warnings, right to counsel and right against self-incrimination, Miranda v. Arizona, 384 U.S. 436 (1966)) when then arrested you. The police are never really ever required to be read to an arrestee their Miranda warnings. It does not invalidate the arrest at all.
However, if the police desire to question the arrestee while in police custody, unless they are first advised of their right to counsel and right against self-incrimination (i.e. Miranda warnings) the prosecution cannot introduce those statements into evidence at trial.
The idea is that being questioned by the police is so inherently coercive, that in 1966 held that if you are in police custody, unless the police advise you of your right to counsel and right against self-incrimination before they question you, then your answers to their questions can’t be introduced against you at your criminal trial, unless you get on the stand and testify (the exclusionary rule is not a license to lie in court).
Because police inmate informants are not believed by the “confessing / admitting” inmate to be a police officers, the taint of coercion generally does not lie when the snitch / agent inmate gets his fellow inmates to admit or confess.Therefore, there is no fifth amendment / self-incrimination issue when one jail inmate obtains and admission or confession from another.
However, even if the inmate is not entitled to be given his/her Miranda warnings prior to questioning by a police agent (i.e. the fellow inmate asking questions to the defendants about his crime at the behest of the police), they inmate is nonetheless entitled to his lawyer being present. Ergo, if criminal charges have been filed by the District Attorney’s Office, the fellow inmate / police agent cannot question about the suspected crime, and any statements made to the jail informant is excludable from evidence as a violation of the defendant’s right to counsel under the six amendment to the Constitution.
Moreover, the Orange County Sheriff’s Department has long used paid real live gangsters to basically threaten arrestees and criminal defendants with being beaten or murdered by the Mexican Mafia if they don’t say what they want you to say while they are surreptitiously recording the defendant.
This bad enough. However, over a several year period the Orange County Public Defender’s Office and Orange County Superior Court Judge Thomas Goethals have uncovered basically thirty years of these types of unlawful use of jail inmates by the Sheriff’s Department and the District Attorney’s Office. This conduct is felonious. 18 U.S.C. § 242; violation of federal constitutional rights under color of authority)
Both agencies have for several years now simply denied the existence of these illegal snitch programs; programs
that not only violated the technical rights of the accused, but that actually framed many innocents in the process. That is the real problem; inmate gangsters getting innocents to make incriminating statements for $1,500.00 per day (that is no joke). See, 2 jailhouse snitches, who were paid $335,000 over 4 years, spark new legislation”, Orange County Register, March 22, 2017.
Sheriff Hutchens has announced her resignation, and District Attorney Tony Rackauckas continues to deny the undeniable; that his agency has withheld highly exculpatory evidence in even capital cases.