Marin County prosecutors have dismissed a raft of criminal cases that involve two former San Rafael police officers charged with assaulting a suspect and falsifying arrest reports.
Even more could follow. The alleged crimes by the former officers, Brandon Nail and Daisy Mazariegos, could taint any testimony they might provide about other incidents they handled.
Marin County Public Defender David Sutton said 10 cases his staff was working on have been tossed out, as well as several others being handled by private defense attorneys.
Public defenders have at least 65 cases that depend on police reports by Nail and Mazariegos. Those and all prior cases tied to the pair that led to convictions are now under review, Sutton said.
“Based on the body-worn camera footage, it appears that these officers lied, and one officer lied and brutally abused a community member,” Sutton said. “Our office must review every case where these officers were involved and investigate whether these officers were dishonest or abused their authority and community members in other cases.”
“If that occurred, we would seek to recall those convictions and dismiss those cases,” Sutton said.
Sutton said his office has filed Pitchess motions when appropriate.
“A Pitchess motion is a discovery pleading that seeks access to a law enforcement officer’s personnel file when that file may contain evidence that is relevant to the defense,” he said. “This may include situations where an officer has been accused of falsifying information, using excessive force or exhibiting bias.”
Marin County District Attorney Lori Frugoli declined to confirm the number of cases that have been dismissed. She also declined to confirm the number of cases that involve the former officers as witnesses.
Frugoli said her office is complying “with our constitutional duty” to disclose to defense attorneys potentially relevant information about Nail and Mazariegos.
“Additionally, we are identifying and evaluating each case independently to determine if they can be proved beyond a reasonable doubt and the involvement of these particular witnesses in each case,” she said.
Frugoli’s office filed the criminal charges against Nail and Mazariegos last month, marking a major milestone in several investigations into the bloody arrest of Julio Jimenez Lopez on July 27.
Video of the arrest was made public on Sept. 1, sparking outrage and protests calling for police accountability. Both officers were placed on paid administrative leave a day after.
The city’s internal investigation of the incident has been shrouded in secrecy, with officials citing employee privacy.
The incident happened on Windward Way in the Canal neighborhood, where Mazariegos approached several men who were drinking beer in the open. Nail arrived a short time later.
Police alleged that Lopez refused commands to stay seated and then put an officer in a headlock during a struggle to detain him. The video and police report show that Lopez was taken to the ground, punched and bloodied, suffering injuries that were treated at a hospital.
The district attorney’s office initially filed a felony case against Lopez, but decided not to pursue it after viewing footage from the arrest.
Lopez, 37, filed a claim against the city in January, saying he suffered nose fractures, lacerations, contusions and a torn labrum in his shoulder that required surgery. His claim alleges assault, battery, negligence, false arrest, false imprisonment, intentional infliction of emotional distress, unreasonable search and seizure and excessive force by police.
Mazariegos and Nail both left the force within the past two months. City officials would not say whether they were fired or if they quit.
After the city refused to release its report into the incident, the Independent Journal sued to compel the city to turn over the files. Lopez’s attorneys have also filed a suit seeking the files.
Sutton said six of his clients have been offered favorable plea offers or have had counts dismissed as part of the plea offers where Nail and Mazariegos were significantly involved.
“The Public Defender’s Office lauds the District Attorney’s Office for taking these officers’ alleged criminal conduct seriously by reviewing their old cases and prosecuting these individuals,” Sutton said in an email.
Nail and Mazariegos are charged with assault by an officer under color of authority and making false statements in a crime report. They are scheduled to appear in Marin County Superior Court at 9 a.m. Aug. 11.
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