Riverside County District Attorney Michael A. HestrinTHE PROSECUTION OF INNOCENTS BY THE RIVERSIDE COUNTY DISTRICT ATTORNEY’S OFFICE; THE CONTEMPT OF COP GAME.The Riverside County District Attorney’s Office has upheld its long tradition of prosecuting the victims of police abuse, very often simply to protect the police from civil liability and obloquy. It does not take much to convince young ambitious Deputy District Attorney’s to file some “resistance offense” criminal case against the victims of police abuse. They want to get in with the police agencies, for their own standing with their respective prosecutorial agencies, and for chits in any future run for Judge; something not uncommon for Deputy District Attorneys.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.I n 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: In California the prosecution need to show more than the testimony of a single witness to convict another of perjury:Cal. Penal Code Section 118.(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. LAPD Detective was only prosecuted for perjury because the case that he told the big whopper lie in, the O.J. Simpson murder trial, was on worldwide television.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.IT REALLY HAS BECOME THAT BAD; CASE EXAMPLE, THE DESERT HOT SPRINGS POLICE DEPARTMENT.Case In Point; Desert Hot Springs PD:In the mid-2000’s Desert Hot Springs (California) Police Department Lieutenant David Henderson used to bring two cans of pepper-spray with him during his duty shift, because one can of pepper-spray usually wasn’t enough. In order to get off of a new officer’s probationary period with Lt. Henderson and be a regular DHSPD police officer, one had to “engage”; to beat up someone; innocent or not, when no force was called for at all. They were usually handcuffed. Lt. Henderson eventually was convicted of torturing an arrestee with pepper-spray. He put red WD-40 straws on his pepper-spray cans and stuck the straw up the nose of his victim and then pull the trigger.DHSPD Sgt. Anthony Sclafani was sentenced to federal prison for torturing prisonersLt. Henderson’s cohort, DHSPD Sgt. Anthony Sclafani was also convicted of torturing prisoners; a woman and a gangster. He stomped, pepper-sprayed and tased his victim and he ended up in federal prison. This was normal at DHSPD in the 2000’s.DHSPD was so bad that in the Michael Sanchez in-custody death incident (a pursuit case by the Riverside County Sheriff’s Department), after the sheriff’s deputies were done beating Mr. Sanchez they watched Lt. Henderson kick a beating and handcuffed Mr. Sanchez in his testicles (“Like kicking a field goal through the uprights”), and watched Mr. Sanchez die from that kick within a minute. They did nothing about that and neither did the FBI or the Riverside County District Attorney’s Office, who both know the gory details of Mr. Sanchez’ murder in the desert by the police. This again is no joke. This really happened.DHSPD was so bad that the department was divided into two camps; the “Meat Eaters” (used force for fun and glory) and the “Lettuce Eaters” (those who didn’t create excuses to beat and torture civilians). Two thirds of the agency were under FBI investigation.DHSPD was once of the worst departments in the country, but the Riverside County Sheriff’s Department, the Los Angeles County Sheriff’s Department and the San Bernardino County Sheriff’s Department still to this day to not have either patrol car video recording systems, body cams, or even any policy requiring the deputies to audio record their detentions or arrests of civilians.Other police agencies are not far behind, if at all, DHSPD.