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PORAC Article
Officer Successfully Appeals Placement In Brady Alert System
By: Dieter C.
Dammeier
Lackie & Dammeier LLP
Agent Paul
Woloski, a ten year veteran of the Monterey Park Police Department, after
an almost two year battle, has vindicated his creditability with the Los
Angeles County District Attorney’s Office. Due to not fully understanding
certain methods used in police work, a Deputy District Attorney in the Los
Angeles County District Attorney’s Office initiated a process to place
Agent Woloski in the District Attorney’s “Brady Alert System.”
Represented by attorneys from Lackie & Dammeier LLP, Agent Woloski has
been able to successfully appeal that decision.
On April 24,
2002, Officer Woloski and his trainee were responding to a call for
service. While responding to the location, Agent Woloski saw an
automobile matching the description of the vehicle in the call turn into a
Taco Bell driveway. Woloski made a u-turn and made his way into the
restaurant parking lot where he noticed a Los Angeles County Deputy
Sheriff conducting a traffic stop on a similarly looking vehicle. Agent
Woloski made contact with the driver. During this time the audiovisual
recording devices mounted in Woloski’s unit recorded the entire
conversation. During the contact, the female driver verbally identified
herself as Irene Guerrero. Agent Woloski believed her to be lying, which
was determined to be a correct perception.
To further investigate the identity of this driver, Agent
Woloski used ruses. First, he wanted the driver to believe that he had
not seen her driving, in hopes that she would believe that she had done
nothing wrong, thus she would feel that there would be no problem in
providing her real name. Second, he told her that the name Irene
Guerrero, the name she initially gave officers, came back with a $100,000
warrant, which was untrue, but again he was attempting to ascertain her
true identity. The third ruse attempt used by Woloski was telling her
that his police car had a finger or thump print monitor inside that would
immediately identify her. This information was also not factual.
Finally, Woloski related to one of the Los Angeles County Sheriff’s
personnel that specific information had been gathered on his in-car
computer, which was able to identify her. Again, this was also not
accurate. The driver was ultimately arrested and identified to be Francis
Jimenez and was charged with driving without a license and providing false
identification to a police officer.
Deputy
District Attorney charged with prosecuting the case subsequently declined
to prosecute Ms. Jimenez based on alleged inconsistencies between
statements made during the video taped interaction between Agent Woloski
and Ms. Jimenez and the crime report prepared by Agent Woloski.
Specifically, the DDA intimated that Agent Woloski’s report indicated that
he saw Ms. Jimenez driving her vehicle. However, the videotape indicated
that Agent Woloski told Ms. Jimenez that he did not see her driving, which
was simply one of the ruses described above. The Deputy District Attorney
concluded that Agent Woloski might have never seen Ms. Jimenez driving and
may have just lied in his police report. The Deputy District Attorney
then initiated a Brady review of Agent Woloski’s conduct.
The Monterey
Park Police Department conducted an administrative investigation into the
matter. The Department properly concluded that Agent Woloski was simply
using a ruse in an effort to obtain the true identity of the suspect.
Despite the Department coming to the conclusion that any allegations of
untruthfulness or filing a false police report was not sustained, the
District Attorney’s office notified Agent Woloski that it would be placing
him into the “Brady Alert System.” Agent Woloski, through Lackie &
Dammeier, immediately appealed this decision.
The Special
Assistant to District Attorney Steve Cooley heard the appeal. After being
presented with arguments on behalf of Woloski and learning the true
details of the case, the Special Assistant overturned the decision to
place Woloski in the Brady Alert System.
This is an
example of how simply trying to do your job can be misconstrued, even by a
Deputy District Attorney. Agent Woloski is thankful to the Monterey Park
Police Officers Association and his attorneys at Lackie & Dammeier for
helping get him through this remarkable ordeal.
About the
author, Dieter C. Dammeier is a partner with the law firm of Lackie &
Dammeier LLP who represents Police Associations throughout California in
discipline and negotiation matters.
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