San Jose Defends Falsified Evidence (unionized cops)

“In a strongly-worded opinion(Case H035033), California’s Sixth District Appellate Court reversed a Santa Clara County Superior Court for dismissing a lawsuit alleging that a San Jose Police Detective fabricated evidence in an attempt to convict an innocent man of raping a mentally disabled woman.

“San Jose Police Detective Matthew Christian created a document, on letterhead that bore the seal of the Santa Clara County Crime Lab, which falsely stated that Michael Kerkeles’s semen was found at the alleged crime scene. The fake report purported to be authored by a technician named ‘Rebecca Roberts.’ Christian then testified under oath that the report was true. Mr. Kerkeles was ordered to stand trial after Christian gave this false testimony — which was the only evidence that supported the charges. Christian’s fabrication came to light only when Kerkeles’ criminal defense attorney called the Crime Lab shortly before trial and learned that no one named Rebecca Roberts worked there and that the report was a fake. The Appellate Court also reinstated Mr. Kerkeles’ claim against the City of San Jose based on evidence SJPD officers routinely created false crime lab reports and there had been other instances where fake reports had been presented in court as genuine. [emphasis added]”

Consider that the lower court gave the officer a pass for a false report, accepting the defendant’s argument that this outrageous abuse of power did not violate anyone’s constitutional rights. The city of San Jose defended this horrible behavior. The officer, according to the court, claimed that “he had ‘completely forgotten’ that the report was ‘fake’ when he testified.”

Fortunately, the appeals court reversed the ruling: “Finally, defendants contend that the facts of this case do not rise to a constitutional violation by Christian. They remind us that plaintiff was never incarcerated and the charges were eventually dismissed. … We have already rejected the first of these arguments, as a deprivation of liberty may be established regardless of whether the plaintiff was convicted or even incarcerated.”

Thanks in part to law enforcement unions and their tendency to stand up even for their most corrupt members, Californians have had to deal with a plague of police abuse. Obviously, all professions will have their share of bad apples, but police agencies have so much power over citizens. The culture within departments revolves around protecting one another rather than protecting the public. article here.