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Red Book ADM2017-0037_Redacted_Part2 July 30, 2018 Page 2 On June 8, 2017, a subpoena was mailed to Officer Torres at the Alta Loma (Parents) address. It was returned to Los Angeles City Attorney’s Office with a note written on it, “Return to sender, does not live here.” (Addendum #16) Officer Torres denied that he received the subpoena or wrote the note, he denied any knowledge of the subpoena. The handwriting was compared to numerous examples of Officer Torres writing. It is distinct and appears to be very consistent with his writing. LASD handwriting analysis determined that there was a strong likelihood that Officer Torres wrote the message on the questioned document. Officer Torres appeared to intentionally alter his writing when asked to provide a sample during his internal affairs interview. On August 9, 2017, City Attorney Lee dispatched a process server to both the Fontana (Officer Torres Home) and Alta Loma (Parents) address. He did not make contact, but left subpoenas attached to the door at each address with notes to contact City Attorney Lee. Officer Torres denied receipt or knowledge of the subpoena service attempts. HOME ADDRESS AND EMPLOYER 3. On July 19, 2017, LAPD Court Liaison Officer Ayson assisted City Attorney Lee with research attempting to locate contact information for Officer Torres. During the July 19, 2017, research, Officer Ayson located an additional address of Fontana. They did not know this was his actual home address and Officer Torres did not respond to subpoenas sent or delivered to this address. On August 10, 2017, Officer Ayson located a phone number for LBPD personnel in data connected to Officer Torres personal information. LBPD personnel referred the City Attorney’s office to LBPD court affairs to facilitate contact with Officer Torres. ATTEMPTED CONTACT THROUGH COURT AFFAIRS 4. On August 10, 2017, Los Angeles City Attorney’s office contacted LBPD Court Affairs Clerk Arnita Harper confirmed that the City Attorney had the correct contact phone for Officer Torres. Arnita Harper called and left a voicemail for Officer Torres. He did not call Arnita Harper back and did not call the City Attorney back that day. Phone records, emails, and interviews document that Arnita Harper was the only representative of LBPD court affairs that attempted contact or left a voicemail with Officer Torres on August 10 or 11, 2017. Officer Torres denied receiving the voicemail from Arnita Harper. Officer Torres stated July 30, 2018 Page 3 that he found out that the Los Angeles City Attorney’s Office was trying to reach him during a phone call where he spoke directly with Court Affairs Clerk Cindy Martinez. He referenced that it was the same day he spoke with City Attorney Lee, (August 11, 2017). He said he spoke with Cindy Martinez in the morning and learned that the City Attorney’s office was trying to reach him. Cindy Martinez did not speak with Officer Torres on August 10 or 11, 2017. Officer Torres was not truthful in this statement. He could not acknowledge receipt of the voicemail from Arnita Harper from August 10, 2017, or the voicemail from City Attorney Hart on the morning of August 11, 2017. He maintained that throughout the timeframe of April through August of 2017, as the Los Angeles City Attorney’s Office was trying to reach him, he did not receive voicemails. In his Internal Affairs interview, he stated that his voicemail box was full. In his interview with City Attorney Grace Lee, he stated that he did not have voicemail activated on his phone line and that voicemails could not be left for him on his phone. CITY ATTORNEY HART VOICEMAIL 5. On the morning of August 11, 2017, Assisting Supervising City Attorney Spencer Hart was briefed on the case and the difficulty reaching Officer Torres as a witness. City Attorney Grace Lee informed him that she had learned that Officer Torres was a police officer in Long Beach. City Attorney Hart called and left a voicemail in City Attorney Lee’s presence, he stated that they had learned that Officer Torres was a Long Beach Police Officer, that they did not want to involve his chain of command, that they had a hard time understanding his failure to contact their office, that it was critical that he contact them regarding the case, and that they would work with his schedule. During his internal affairs interview, Officer Torres denied receipt or knowledge of this voicemail. TORRES CALLS CITY ATTORNEY LEE 6. On the afternoon of August 11, 2017, Officer Torres called City Attorney Lee. This was their first and only phone contact during the case. City Attorney Lee made contemporaneous notes of the interview and provided copies of her interview summary and an internal memo to her supervisors. (Addendum #7,8) Officer Torres told her that he had not received any of the subpoenas or voicemails to that point in the case. July 30, 2018 Page 4 Officer Torres made statements containing information from City Attorney Hart’s voicemail. She asked Officer Torres how he had the information and he did not answer her question. He insisted that he did not have voicemail on his phone and messages could not be left on his phone line. According to City Attorney Lee, Officer Torres was hostile, rude, and belligerent during their phone interview on August 11, 2017. Officer Torres told her that he was not needed for the court case and that LAPD Sergeant Hillard saw everything and could handle all the court testimony. City Attorney Lee told Officer Torres that Sergeant Hillard did not see everything and that he was needed. Officer Torres became hostile. Officer Torres then began to undercut the statements attributed to him in the police reports. During the phone interview for the court case, Officer Torres told City Attorney Grace Lee that information contained in LAPD reports was not accurate and that Sergeant Hillard and Officer Quiroga were not truthful. Officer Torres demanded the name and phone number for the defense attorney, City Attorney Lee provided the information. (At the time, the defense attorney was a Public Defender, the defendant later employed a private attorney, then returned to the Public Defender at trial.) Officer Torres told her that he was going to call the defense attorney and tell them that the reports were not correct and that the LAPD officers were not truthful. Officer Torres did not follow through with contacting the defense attorney. He admitted that he did tell the City Attorney Lee that he was going contact the defense and that he intended on contacting the defense, but never had an opportunity. Officer Torres was in court on October 11, 2017, the defense attorney was present in court. There is a Public Defender’s office in the court house. Officer Torres stated that the defense attorney was not present in court and could not explain why he did not take any proactive measures to contact the defense attorney after insisting that the police report and police officers were not accurate. Officer Torres was asked why he did not contact the Defense Attorney on October 11, 2017 while in court. Officer Torres stated the Defendant and the defense attorney were not in court. (See Addendum #20 court transcript) The defendant was convicted in this matter. City Attorney Lee stated that she did not believe the Defense or Defendant were present in court when Officer Torres was brought before Judge Sadler. July 30, 2018 Page 5 City Attorney Hart did not recall if the Defense or Defendant were present in court during his interaction with Officer Torres. City Attorney Lee provided disclosure to the defense on Officer Torres statements. She did not believe he was sincere in his allegation, but rather that his statements about LAPD officers and their reports were an attempt to avoid court appearances and sabotage the case. The disclosure of Officer Torres statements shocked the defense. Officer Torres was not used to testify in the trial because of his statements. City Attorney Grace Lee, Assistant Supervising City Attorney Spencer Hart, and Supervising City Attorney Julie San Juan later conducted interviews with the LAPD officer witnesses on the case in response to Officer Torres allegations. They found the LAPD officers to be honest and truthful and Officer Torres allegations to be unfounded. SERGEANT PEREZ VOICEMAIL 7. On August 15, 2017, Sgt. Perez called Officer Torres at about 1608 hours and left a voicemail on Officer Torres phone. At about 1614 hours Officer Torres called him back and referenced receiving the voicemail. Officer Torres acknowledged that he had spoken with the City Attorney’s office the week prior. During his internal affairs interview, Officer Torres did not recall the voicemail or return phone call and did not have an explanation as to how he received voicemail. CITY ATTORNEY COMPLAINT 8. On August 14, 2017, the Los Angeles City Attorney’s office called and spoke with Patrol Administration Lieutenant Poss. They communicated their complaint about Officer Torres’ conduct in People V. Simen 7AR00128. On August 16, 2017, Assistant Supervising City Attorney Hart wrote an email to Lieutenant Poss, outlining the conduct of Officer Torres: His failure to respond to phone calls and voicemails, his failure to respond to subpoenas, his rude behavior on the phone with City Attorney Lee, his efforts to sabotage the criminal case to avoid appearing in court. City Attorney Hart characterized Officer Torres’ behavior as disgraceful. TORRES COURT APPEARANCE 9. On October 11, 2017, Officer Torres appeared in court for a pretrial meeting and spoke with City Attorney Lee, he would not confirm his availability or contact information. This was their first and only in person meeting. He July 30, 2018 Page 6 was defiant and uncooperative. In relation to his availability stated, “If you want to know, subpoena me.” City Attorney Lee requested that her boss, City Attorney Hart respond to the court room. City Attorney Hart stated that when he introduced himself, Officer Torres initially refused to shake hands and then after hesitation, took his hand. Officer Torres would not look him in the eye. Officer Torres had caused significant grief for City Attorney Lee. Officer Torres was brought before the court, Judge Sadler, by City Attorneys Lee and Hart. The court ordered Officer Torres to confirm that he was under subpoena and that his phone number was correct because he had been so difficult to reach. The judge put Officer Torres on 3-4 hour call rather than 24 hour call for a “Be there” at City Attorney Lee’s request to accommodate his schedule. When asked by the Judge if he could appear on 3-4 hour notice, Officer Torres replied that he, “would try.” The Judge told him that was not good enough, he could agree to be in court within 3-4 hour notice or he would have to appear each day. Officer Torres then agreed. A copy of the court transcript was obtained and attached to the file, the transcripts support City Attorney Lee and AS City Attorney Harts’ accounts of the incident. It does not support Officer Torres account. (Addendum #20) Officer Torres’ behavior disrupted City Attorney Lee’s peace of mind and confidence in the case. She decided not to call Officer Torres at trial based upon his behavior and statements. City Attorney Lee stated that Officer Torres was her worst witness ever, civilian or police officer. RIVERSIDE FAMILY COURT CASE 10. Relevant in establishing a pattern of behavior, information was included regarding Riverside Family Court Case #RID1603614. This case involved a paternity dispute over a child. Officer Torres is the father. is the mother. In September and October 2016, San Bernardino County Sheriff’’s Department attempted subpoena service three times on Officer Torres at his home in Fontana. They noted, “Unable to contact after numerous attempts, Deft. evading service.” on their report. Officer Torres denied any knowledge of attempted service. In September 2016, a friend of attempted subpoena service at Officer Torres’ home in Fontana. Lights were on inside July 30, 2018 Page 7 the home; however, there was no response at the door. Officer Torres denied any knowledge of attempted service. In September 2016, East Division Sergeant T. Olson, contacted Internal Affairs Sergeant D. Scaccia. was at the EPSS and attempting to serve a subpoena on Officer Torres. Officer Torres refused to be served at work. In October 2016, Los Angeles County Sheriff’s Department attempted subpoena service three times on Officer Torres at the EPSS, they noted that it was hard to locate Officer Torres and they were unable to serve the subpoena. On October 3, 2016, Sergeant Scaccia facilitated subpoena service on Officer Torres while he was on duty at the direction of Internal Affairs Lieutenant O’Dowd. Officer Torres was described as defiant. He stated, “Are you willing to testify to this? That’s per Trott.” On June 1, 2017, Nelli Flores, Personnel Assistant in City Human Resources, contacted Gladys Malagamalii in Personnel and informed her that Riverside County Child Support Services requested that Officer Torres son be added to his insurance plan immediately. Officer Torres denied enrolling the child based upon advice from his attorney. On October 30, 2017, a second order from Riverside County Child Support Services was issued to City Human Resources and the child was added to Officer Torres insurance plan. HANDWRITING ANALYSIS 11. On March 20, 2018, during his internal affairs interview, Officer Torres provided a handwriting sample. (Addendum #18) Officer Torres completed the card very slowly and exhibited unusual behavior (documented in the interview summary) that led investigators to believe that Officer Torres was intentionally insubordinate and deceptive in his completion of handwriting sample. On March 29, 2018 Sergeant Ellis requested a forensic exam of the Subpoena returned to LA City Attorney’s Officer with a handwritten note, “Return to sender does not live here.” (Addendum #16) Also provided were handwriting examples from Officer Torres. (Addendum #19) July 30, 2018 Page 8 On May 3, 2018, the lab returned a report along with all original documents provided for the examination. The report concluded that, “There is substantial evidence which indicates that the questioned hand printing was probably produced by the writer of the “Michael Torres” exemplars. Although this is not a conclusive identification, there are sufficient similarities to establish a strong likelihood that the writer of the exemplars wrote the questioned hand printing.” (Addendum #17) Forensic Examiner Lertyaovarit explained that he did not use the LBPD handwriting card, sample provided by Officer Torres during his interview on March 20, 2018. (Addendum #18) He indicated that the writing appeared inconsistent with the other examples. He noted the heavy pen strokes, ink blots, comparison with other examples and several other indicators. He stated that it was not a natural example of Officer Torres handwriting. The LASD handwriting examiner was unable to use the document for analysis because of irregularities in the handwriting sample. FORMALIZED COMPLAINT CASE FORM – INTERNAL AFFAIRS CASE #ADM2017-0037 July 19, 2018 PAGE 2 • LBPD Manual Section 3.2 – General Responsibilities – Employee ALLEGATION #3 The Administration alleges that on March 20, 2018, while on duty, Officer Michael Torres # 6252 was untruthful with Internal Affairs investigators when he told them he did not receive any subpoenas that were mailed/delivered to him at Alta Loma CA. or Fontana Ca. by the Los Angeles City Attorney’s Office in regards to Case No. 7AR00128. • CS Article VII 84 (1) – Violation of any rule • CS Article VII 84 (6) – Dishonesty • LBPD Manual Section 3.1 – Professional Conduct and Responsibilities • LBPD Manual Section 3.3 - Truthfulness ALLEGATION #4 The Administration alleges that on March 20, 2018, while on duty, Officer Michael Torres # 6252 was untruthful with Internal Affairs investigators when he told them he did not write, nor did he know who wrote “RETURN TO SENDER DOES NOT LIVE HERE” on a subpoena issued to him by the Los Angeles City Attorney’s Office, which had been mailed to Alta Loma CA. • CS Article VII 84 (1) – Violation of any rule • CS Article VII 84 (6) – Dishonesty • LBPD Manual Section 3.1 – Professional Conduct and Responsibilities • LBPD Manual Section 3.3 – Truthfulness ALLEGATION #5 The Administration alleges that between April 2017 and August 2017 Officer Michael Torres # 6252 failed to cooperate with the Los Angeles City Attorney’s Office by not returning several voice mail messages that were left on his cell phone by the Los Angeles City Attorney’s Office in regards to his being a witness in Case No. 7AR00128 • CS Article VII 84 (1) – Violation of any rule • CS Article VII 84 (4) – Inexcusable neglect of duty • LBPD Manual Section 3.1 – Professional Conduct and Responsibilities • LBPD Manual Section 3.2 – General Responsibilities – Employee ALLEGATION #6 The Administration alleges that on March 20, 2018, while on duty, Officer Michael Torres # 6252 was untruthful with Internal Affairs investigators when he told them he did not receive any voicemail messages from the Los Angeles City Attorney’s Office from April 2017 to August 11, 2017 FORMALIZED COMPLAINT CASE FORM – INTERNAL AFFAIRS CASE #ADM2017-0037 July 19, 2018 PAGE 3 • CS Article VII 84 (1) – Violation of any rule • CS Article VII 84 (6) – Dishonesty • LBPD Manual Section 3.1 – Professional Conduct and Responsibilities • LBPD Manual Section 3.3 – Truthfulness ALLEGATION #7 The Administration alleges that on August 11, 2017, during a phone call, and on October 11, 2017, during a court appearance, Officer Michael Torres # 6252, was discourteous and unprofessional during his conversations with Los Angeles Deputy City Attorney, Grace Lee. • CS Article VII 84 (1) – Violation of any rule • CS Article VII 84 (10) - Discourteous, Disruptive Conduct • CS Article VII 84 (15) – Other Failure of Good Behavior • LBPD Manual Section 3.1 – Professional Conduct and Responsibilities • LBPD Manual Section 3.2 – General Responsibilities – Employee City of Long Beach Working Together to Serve Memorandum Date: May 23, 2018 To: Lloyd Cox, Commander, Internal Affairs Division From: Chad Ellis, Sergeant, Internal Affairs Division Subject: EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 COMPLAINANT: The Administration DATE OF OCCURRENCE: August 10, 2017 EMPLOYEES INVOLVED: PO-FTO Michael Torres #6252 EMPLOYEE’S SUPERVISOR: Sergeant Eric Fritz # 6139 EMPLOYEE’S LIEUTENANT: Lieutenant Megan Zabel #5974 BACKGROUND On August 10, 2017, the Long Beach Police Department, Patrol Administration Office, received communication from the Los Angeles City Attorney’s Office (LACA) related to the behavior of Officer Michael Torres. LACA stated that Officer Torres was a witness in case People v. Simen, #7AR00128. Officer Torres witnessed a driving under the influence traffic collision while off-duty in the City of Los Angeles on March 1, 2017. Officer Torres provided a witness statement to Los Angeles Police Department (LAPD) officers at the scene of the incident. LACA had a very difficult time in locating Officer Torres. LACA made numerous attempts at serving a subpoena on Officer Torres. A subpoena mailed to Officer Torres on June 8, 2017, for a June 26, 2017, court date was returned on July 9, 2017, with a note “RETURN TO SENDER DOES NOT LIVE HERE.” LACA did not learn that Officer Torres was a police officer until August 10, 2017. LACA stated in their complaint that Officer Torres’ behavior in this matter was disgraceful and alleged that he attempted to sabotage the criminal case to avoid testifying as a witness. Officer Torres’ actions included demanding contact information for the defense attorney. Officer Torres stated that he was going to alert the defense that the police reports were not accurate and that LAPD officers were not being truthful. ALLEGATION #1 The Administration alleges that between April 2017 and August 2017 Officer Michael Torres # 6252, failed to respond to multiple separate subpoenas that EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 5 of 171 file contains a witness contact list recording relevant information regarding attempted contacts. In relation to the July 25, 2017, court date referenced in the written complaint, City Attorney Lee stated that she received the case file on July 17 or 18, 2017. City Attorney Lee received the file from the previously assigned prosecutor, City Attorney Carolyn Phillips. When she turned over the file, City Attorney Phillips noticed that they had not made contact with Officer Torres. City Attorney Phillips called Officer Torres in City Attorney Lee’s presence, there was not an answer, City Attorney Phillips left a voice mail message. City Attorney Lee then enlisted LAPD Officer Ayson on July 19, 2017, to help with locating Officer Torres. At this point, it was still unknown that Officer Torres was a police officer. Through a Lexis search, an additional (909) phone number with an address in Fontana, Ca. City Attorney Lee left a voicemail at the first phone number on July 19, 2017, and also spoke with someone at the newly discovered number who said that it was not Officer Torres phone number. City Attorney Lee stated there was a voicemail enabled on the original number, which accepted her message. She said there was not a voice identifier from Officer Torres. [audio: 0h 20m 18s] On July 20, 2017, “Must Appear” subpoenas were mailed to the Alta Loma and Fontana addresses as well as a commercial address (later determined to be 4800 Los Coyotes Diagonal, old East Police Sub-Station) in Long Beach for the July 25, 2017, court date. The additional addresses were located through a search by LAPD Officer Ayson. The return was not, “Confidential LBPD.” City Attorney Lee also noted from her file that there was a July 26, 2017, court date; and on call subpoena was mailed on July 17, 2017, for that court date. In addition, they attempted a phone call on July 17, 2017, there was no answer, they left a voice mail. July 25, 2017, was a pretrial date, Officer Torres did not appear. Up to this point in the case, no contact had been made with Officer Torres. City Attorney Lee wanted to interview him as a witness after no contact with him. They needed him as the person who saw the motorcycle rider, he was the only one who actually saw the motorcycle rider. City Attorney Lee believed that the witness testimony from Officer Torres would have improved the strength of the case because according the witness statement from him in the police report, he had witnessed some very poor driving prior to the collision. City Attorney Lee believed that Officer Torres testimony could have resulted in additional charges against the defendant. [audio: 0h 24m 32s] EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 7 of 171 assisted in contacting and serving subpoenas on Officer Torres. See LBPD internal emails, (Addendum #11). During their conversations on August 10, 2017, Arnita told City Attorney Lee that she left a voice mail for Officer Torres, but he had not yet called back to LBPD court affairs. On the morning of August 11, 2017, neither City Attorney Lee nor Arnita had heard back from Officer Torres. Later in the morning of August 11, 2017, City Attorney Lee spoke with AS City Attorney Hart, Hart left another voice mail for Officer Torres. City Attorney Lee asked AS City Attorney Hart to make the call to insulate against a negative personality conflict and convey that the Los Angeles City Attorney’s Office needed to speak with Officer Torres, City Attorney Lee had left several messages as this point in the timeline. City Attorney Lee listened as AS City Attorney Hart left the voice mail and explained the critical need to speak with Officer Torres and that they had learned he was a police officer from LBPD. AS City Attorney Hart said that they did not want to involve Officer Torres’ chain of command and offered to work with him if he had a difficult schedule. AS City Attorney Hart expressed that he a had hard time understanding Officer Torres’ failure to contact their office. August 11, 2017, was a be there court date, Officer Torres did not appear. The subpoena was for a pretrial meeting. The court was not informed of his failure to appear, the court did not take action. When asked, City Attorney Lee confirmed that up to the morning of August 11, 2017, there had not been any negative interaction between Officer Torres and LACA. She stated that to this point he had not ever responded to any attempts to reach him. [audio: 0h 34m 55s] On the afternoon of August 11, 2017, Officer Torres called City Attorney Lee back. It was around 1500 when City Attorney Lee spoke with Officer Torres. Officer Torres said he was calling back because the Los Angeles City Attorney’s Office was making threats toward him. Officer Torres stated that he did not have voicemail, it was not set up on his phone and messages couldn’t be left. Officer Torres stated the only way he knew that he needed to call was because he was being threatened by LACA. Officer Torres did not confirm how he knew to call back. City Attorney Lee stated that, “I asked him if he received any of our voicemails that our office had left for him. He stated that he did not have voicemail and no messages could be left for him. I told him that our witness coordinators had left him numerous voicemail messages and that I or other attorneys in the office had also left messages for him. He stated that he had not received any of them. I asked Mr. Torres what led him to call me back, he stated it was because we were harassing him at work and making threats.” City Attorney Lee continued, “At some point in the conversation I remember saying to EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 8 of 171 him, well I spoke to someone in court affairs and they had the same phone number. They left you a voicemail, is that why you called us back?” City Attorney Lee stated that she did not believe that he confirmed that he got a voicemail from court affairs or from Spencer (AS City Attorney Hart) or anybody. City Attorney Lee pointed out that when Officer Torres stated that he was being harassed or threatened, he never disclosed the source of the allegation. City Attorney Lee believed that those allegations originated from the voicemails left by LACA and court affairs, but she did not know for certain how he had received information to contact LACA. City Attorney Lee pointed out that it was possible that Arnita had called Officer Torres back and he answered his phone. [audio: 0h 37m 12s] When asked about Officer Torres’ reference to threats and harassment, City Attorney Lee stated that AS City Attorney Hart mentioned in his voicemail message on Officer Torres’ phone that they (LACA) had just learned he was a police officer for LBPD and mentioned that they did not want to involve his work. They were willing to make accommodations if his work schedule was an issue. No threats were made or intended. City Attorney Lee pointed out that she did not know Officer Torres was a police officer until it was discovered by LAPD Officer Ayson on August 10, 2017. City Attorney Lee had not attempted contact with Officer Torres since learning that information. When City Attorney Lee was asked, she stated that Officer Torres specifically said he did not have voicemail set up on his phone. City Attorney Lee stated that Officer Torres specifically said that he had not received any of the voicemail messages. City Attorney Lee stated that Officer Torres specifically said he had not received any of the subpoenas. [audio: 0h 38m 58s] Based upon context of conversation with City Attorney Lee, she believed Officer Torres had received some type of contact via work. Officer Torres told City Attorney Lee that she was “You’re harassing me at work now.” City Attorney Lee believed that Torres phone was up on caller identification (Caller ID) and was the same number called by LACA (Caller ID information is confirmed later at 43:55 in the interview recording) during all of their previous attempts to communicate with Officer Torres. City Attorney Lee confirmed with Officer Torres that they had his correct phone number, he confirmed the number as the same one listed in the case file. City Attorney Lee told Officer Torres that they had attempted to send him subpoenas at the Alta Loma and Fontana addresses. Officer Torres refused to confirm if either location was his home address. She attempted to confirm his correct address for mailing of subpoenas. He told her she could send mail to Fontana, Ca. He stated, “Yeah, you can send the EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 9 of 171 subpoenas there.” City Attorney Lee asked Officer Torres if that was his home address, he replied, “I’m not going to say that.” [audio: 1h 03m 14s] City Attorney Lee stated that she believed from her notes, not the case file which would be more accurate, a total of 11 subpoenas were sent or delivered to Officer Torres addresses during the course of the case. Of those 11, possibly 1 was sent to 4800 Los Coyotes Diagonal (old EPSS) in relation to the July 25, 2017, court date. In addition to the 11 subpoenas that she counted from her notes, City Attorney Lee stated that there were those that were sent to LBPD court affairs that were served to Officer Torres at work. City Attorney Lee confirmed that Officer Torres stated that the Fontana address was a good mailing address but would not confirm where he lived. Officer Torres did not explain why. City Attorney Lee asked Officer Torres if he was certain he would receive a subpoena mailed to the Fontana address, she was concerned that he was not receiving the subpoenas at Fontana to this point, Officer Torres said, “Just send them there.” City Attorney Lee was asked if Officer Torres ever expressed doubt as to her identity or legitimacy as a City Attorney as the reason for he would provide identify his address. City Attorney Lee stated, “No.” She added that every phone call from LACA included the information that they are calling from the Los Angeles City Attorney’s Office. She stated that he had made rude comments, but none that expressed doubt about her identity. This conversation occurred after he had been contacted through LBPD court affairs. [audio: 1h 06m 37s] City Attorney Lee was asked about the topic of voicemail not working on Officer Torres’ phone. She stated that she expressed to him that they had been trying to reach him. Officer Torres said that he had not received any of their subpoenas when she asked him. [audio: 1h 09m 36s] On August 14, 2017, there was a court date, an on-call subpoena was sent out on July 26, 2017, Officer Torres did not respond. City Attorney Lee told Officer Torres over the phone that they had sent him an on-call subpoena and told him over the phone that she wanted him to appear in court on August 14, 2017, Officer Torres said, “No, I won’t be there.” She said Officer Torres was under no legal obligation to appear and she did not believe she had the legal authority to order him to appear over the phone, but she specifically told him a subpoena had been sent to his address to be on call and that she wanted him to appear. EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 10 of 171 Officer Torres told City Attorney Lee that he never gave his phone number to the LAPD officers for their report, he could not understand why they had his phone number. During his Internal Affairs Interview, Sergeant Hillard stated that he has been a Los Angeles Police Officer for over twenty years. He is currently assigned to the Wilshire Division. On March 1, 2017, he was present at a traffic collision and driving under the influence (DUI) arrest near 7550 S. Sepulveda Bl. Los Angeles at approximately 0150 hours, Los Angeles Police Department (LAPD) Report #17-14-07337. During that call, he came in contact with a witness to the event, off-duty Long Beach Police Officer, Michael Torres. Officer Torres approached Sergeant Hillard as he was contacting the DUI driver. Officer Torres identified himself to Sergeant Hillard as a police officer and told him that he had seen everything that occurred. When assisting LAPD officers arrived, Sergeant Hillard told them that he had a police officer witness who had seen the incident and directed the LAPD officers to interview Officer Torres. Sergeant Hillard did not have any contact with Officer Torres after the March 1, 2017, at the scene of the incident. Sergeant Hillard was advised by the Los Angeles City Attorney’s office that Officer Torres had called him a liar. Sergeant Hillard was told that Officer Torres was not being cooperative with the prosecution and was reluctant to testify. Officer Torres had told the City Attorney that he had seen all of the incident and that he was lying about not seeing the motorcyclist. Officer Torres insisted that Sergeant Hillard had seen everything needed for the case, and that Sergeant Hillard could testify to the same thing that Officer Torres had seen. Sergeant Hillard did not have any knowledge as to why Officer Torres was reluctant to appear in court. Officer Torres did not make any statements during the incident about not wanting to be a witness for court. Officer Torres was very helpful at the scene. Sergeant Hillard did not have any theories or observations as to why Officer Torres was reluctant to appear in court. Sergeant Hillard came away from this case with the belief that Long Beach Police Officers were not required to appear in court upon receipt of a subpoena. He believed that there must not have been any consequences if Officer Torres did not appear. Sergeant Hillard did not have any knowledge of Officer Torres attempting to contact the defense attorney in the matter. During his Internal Affiars Interview, Assisting Supervising (AS) City Attorney Hart stated that he has been employed by the Los Angeles City Attorney’s Office since 1997. During the course of Los Angeles City Attorney’s Case #7AR00128, People V. Simen, Mr. Hart became aware that there was a problem with Officer Torres in his role as a witness when the prosecutor assigned to the case, Deputy City Attorney Grace Lee, brought the issue to his EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 12 of 171 Attorney Lee is a relatively new and young attorney. She was shaken and upset; she was frustrated with Officer Torres’ attitude when she came to him for consultation. AS City Attorney Hart confirmed that City Attorney Lee reported that Officer Torres refused to appear on August 14, 2017. AS City Attorney Hart stated that Officer Torres did not think he was needed. AS City Attorney Hart repeated that Officer Torres claimed now that he didn’t actually see the suspect and that he didn’t actually see the things that he had told the police officers who took the original report. AS City Attorney Hart added that Officer Torres had asked City Attorney Lee for the name and number of defense counsel. He said that he would advise defense counsel that the police report was wrong. He reiterated that he should not have to testify because the LAPD sergeant had seen everything and that if the sergeant said otherwise, the sergeant was not being truthful. AS City Attorney Hart stated that it was necessary to make Officer Torres go before the judge to confirm his contact information and phone number. AS City Attorney Hart was present when Officer Torres spoke with the judge. AS City Attorney Hart stated that it was unusual to have to make a police officer witness provide his information before the court. He stated that he would not ever expect to have to do that with a police officer witness. AS City Attorney Hart stated that normally a police officer witness is taken at their word and they provide contact information for the file and that is sufficient. To go on record and ask the court to confirm contact information was extraordinary. AS City Attorney Hart could not recall ever having to bring a police officer witness before the court in his career in order to obtain accurate contact information. AS City Attorney Hart recalled that the court had to emphasize to Officer Torres the importance that he was willing to be on-call. AS City Attorney Hart did not recall the exact details, but remembered that it was not a simple matter of the court telling Officer Torres and receiving compliance, the court had to stress the point. Up to that point, the Los Angeles City Attorney’s Office had not received a confirmation from Officer Torres on his contact information. When asked if he had any theory or knowledge as to why Officer Torres behaved the way that he did in this matter, AS City Attorney Hart stated that he could only guess, AS City Attorney Hart stated that he thought that at some point Officer Torres mentioned child care as an issue but was not sure. He thought that Officer Torres did not want to bother with this case. AS City Attorney Hart agreed that Officer Torres just did not want to come to court. During his Internal Affairs Interview, LAPD Officer Nestor Ayson stated he is a court liaison officer for LAPD and works at the Los Angeles Airport Courthouse. Officer Ayson worked with the Los Angeles City Attorney’s Officer on People v. Simen #7AR00128. Officer Ayson assisted Deputy City Attorney Grace Lee in EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 15 of 171 CT Alvarez stated that they did not locate anyone at the residence matching Officer Torres’ description. CT Alvarez stated that her normal practice when attempting service is to ring the doorbell. In this particular instance, she noted that she heard the doorbell inside home, so she did not knock on the door. She did not hear or see anyone inside. CT Alvarez noted that the three recorded dates, September 22, 2016, September 28, 2016 and October 6, 2016, were the dates that she attempted service on Officer Torres. Included in her notations on dates for service were that a Silver Ford Truck with paper license plates was located in the driveway on two occasions. CT Alvarez explained that all computer typed information noted on the form was information provided by the plaintiff in the matter. Any handwritten notes were recorded by CT Alvarez. LASD process servers were contacted during the investigation regarding their report (Addendum #24), related to subpoena service in Riverside Court case #RID1603614. They attempted to serve Officer Torres during his work hours at the East Police Substation on three occasions. They were not able to locate or serve Officer Torres. Internal Affairs Sergeant Dominick Scaccia filed a memorandum (Addendum #24). “On October 3, 2016, I facilitated subpoena service on Officer Michael Torres #6252 in relation to Riverside Court Case #RID1603614, in the Internal Affairs office, at the direction of Lieutenant Patrick O’Dowd. Sergeant Vincenzo Marchese was present when Officer Torres was served. Officer Torres behavior was best described as defiant. I greeted him as he entered the office. When I advised he was being served, he immediately stated, ‘Are you willing to testify to this? That’s per Trott.’ Officer Torres then accepted service of the subpoena and left without further incident. Proof of service was later provided to Ms. During his Internal Affairs Interview, Officer Michael Torres stated that on March 1, 2017, he was off-duty in the area of 77th St. and Sepulveda Blvd. in the City of Los Angeles when he witnessed a traffic collision. He briefly described the traffic collision; the reporting agency was the Los Angeles Police Department (LAPD). Officer Torres stated that he had a brief interaction with a LAPD Sergeant (Hillard) at the scene when he pulled over. EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 16 of 171 Additional LAPD officers responded to the incident. Officer Torres provided a witness statement to one of the LAPD officers. Officer Torres did not know the name of the officer to whom he spoke. Based upon reports and interviews, LAPD Officer Quiroga conducted the witness interview with Officer Torres. Officer Torres described other officers at the scene, and believed there were three in total, Officer Torres described the officer that interviewed him as a shorter male white. Officer Torres witness statement was a one on one interview. [audio I: 5m 23s] Officer Torres was asked what caused him to stop and provide a witness statement at 0150 hours in the morning. He stated that it appeared that other vehicles in the area did not care about the collision. He wanted to make sure that the person who crashed was okay. Once he pulled over, he saw that Sergeant Hillard was already present. Officer Torres was asked about his willingness and ability to participate in the court case as a witness. He stated that he was willing to go to court. He stated, “I got a subpoena, I know I have to go and show up on that date and time. There was a conversation between me and the ‘DA’ regarding this case, she read me this report and I had disagreed with facts in the report at which time she wanted me to go along with what was just written in the report. I told her that I would not do that, I would testify to what I actually had saw that’s not listed in the report.” Officer Torres was asked if at some point he expressed a reluctance to testify in court and told City Attorney Lee that the LAPD officers had seen everything and that they could testify to the facts of the case. Officer Torres denied that he made that statement. [audio I: 7m 42s] Officer Torres was asked when he first became aware that the Los Angeles City Attorney’s Office (LACA) was trying to reach him regarding this incident, People v. Simen 7AR00128. “I received a call from Cindy in court affairs, I don’t know the date, but she had told me that there was a ‘DA’ that was trying to get ahold of me regarding a traffic collision that I had witnessed. She told me that the ‘DA’ had asked if she could put me on their court calendar for the case. She told them that they could not since it was not a work-related incident, it was off duty. And that she, she told me that the ‘DA’ had been trying to get ahold of me, and I told her that I had not heard from the ‘DA’ prior to this conversation. So she gave me the ‘DA’s’ phone number and I called her shortly after our conversation. Officer Torres confirmed that he called LACA back the same day as he alleged that he spoke with Cindy in court affairs. Officer Torres was asked if by referring to ‘DA’ if he actually meant City Attorney, he clarified that he spoke with Grace Lee, and was informed that she worked for LACA. EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 19 of 171 Officer Torres was asked if he told City Attorney Lee that he would not appear in court on August 14, 2017 during their conversation on August 11, 2017. He stated, “No, I don’t recall telling her that, no.” Officer Torres was asked if he said, “No, I won’t be there.” He stated, “No, I don’t remember saying that, no.” Officer Torres was asked if he was familiar with LBPD policy about subpoenas and appearances. He stated, “Yes.” Officer Torres was asked about Riverside Court Case #RID1603614, a family court case. Officer Torres was familiar with the case and understood what the investigator was talking about. The case was related to and a child they have in common. Officer Torres stated, “Yes.” Officer Torres was asked to provide a brief summary of what the case was about. Attorney Trott interjected, “Can I ask what this is about? What are the allegations here?” The investigator stated that the issue was relevant to pattern of behavior. Attorney Trott asked, “So we are not looking at another I.A. case?’ The investigator stated, “No.” Officer Torres was asked to give a brief summary of what the case involved and his explanation did not need to include all the details.” Officer Torres asked to speak with Attorney Trott in private. [Break] Break at 1830 hours, during the break Officer Torres was given an opportunity to consult with Attorney Trott, when they concluded with their consultation in private, all parties were given time to attend to their personal needs. The interview resumed at 1840 hours. Present were Attorney Trott, Officer Torres, Sergeant Mendoza and Sergeant Ellis. Officer Torres was again asked to focus his attention on Riverside Court Case, #RID1603614. Officer Torres acknowledged that he was able to consult with Attorney Trott. Officer Torres was asked to provide a general summary of the case. He stated, “It’s a child custody, where a female that I had a relationship with got pregnant and had a child.” Officer Torres was asked if he was aware that the San Bernardino Sheriff’s Department attempted service multiple times at his home address of Fontana, in September and October of 2016. (Addendum #24) EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 20 of 171 Officer Torres was asked if he received any of the notices they left on his door. He stated, “No.” Officer Torres was told that the San Bernardino Sheriff’s Department employee that attempted subpoena service on all three occasions noted that he was evading service. Officer Torres was asked if he had any explanation or knowledge as to why they would make that statement. He stated, “No idea, never knew that.” Officer Torres was asked if he was notified in this same matter, #RID1603614, that the Los Angeles Sheriff’s department attempted service multiple times at 3800 Willow St., the East Police Substation in October of 2016. He stated, “I was never aware of LA Sheriff’s, no.” (Addendum #24) Officer Torres was asked if he ever received a subpoena from the Los Angeles Sheriff’s Department regarding the Riverside court case. He stated, “No.” Officer Torres was told that the Los Angeles Sheriff’s noted on their attempts of service that he was hard to locate at the police station. He was asked if he had any explanation as to why the Los Angeles Sheriff’s Department would note that on their attempts at service. He stated, “I, I never knew.” Officer Torres was asked about the September and October 2016 timeframe and if a friend of attempted to serve him a subpoena at Fontana. He stated, “No.” He was asked if anyone ever tried to serve a subpoena at that location. He stated, “No.” [audio II: 03m 03s] Officer Torres was asked if was aware of or attempted service at the location on the Riverside case. He stated, “No.” When asked if she was aware of that address, he stated, “I don’t believe so, no.” Officer Torres was reminded that in October 2016 he was served a subpoena in Internal Affairs by Sergeant Scaccia. During that service, he asked Sergeant Scaccia, “Are you willing to testify to this? That’s per Trott.” Officer Torres was asked if he said that to Sergeant Scaccia. He stated, “I said, I told him that you’re testifying as the proof of service on this case, per Trott, yes.” The question was rephrased, “Is that an accurate reflection of what you told him?” Officer Torres stated, “Yes.” Officer Torres was told that his statement seemed to reflect that he did not want to be served with the subpoena. He was asked if that was a fair assessment. He stated, “No, it’s not a fair.” EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 23 of 171 [audio II: 10m 13s] Officer Torres was asked if it was correct that the Los Angeles City Attorney’s office was not able to make contact with him prior to August 11, 2017. He asked, “That’s the date that I talked to them on the phone, correct?” The investigator stated, “Yes.” Officer Torres stated, “Yes, that’s correct. Officer Torres was asked if he had any contact or communication with the Los Angeles City Attorney’s office prior to that date. He stated, “No.” Officer Torres was asked if he was involved in any other criminal cases where he was having subpoenas mailed to him at either address during the timeframe of April to August 2017. He stated, “No. I don’t believe so, No.” He asked for clarification and the question was repeated. He stated, “No, no, no, no criminal cases, no.” Officer Torres was asked if had any other subpoenas that were being mailed to him during that timeline at either address. He stated, “I don’t believe so, I believe that the Riverside case was already handled, so I would say no.” [audio II: 11m 22s] On August 15, 2017, at about 1608 hours Sergeant Louis Perez left a voicemail on Officer Torres cell phone. Officer Torres called back and acknowledged that he had received the voicemail at about 1614 hours, according to phone records, (Addendum #13). Officer Torres was asked to explain. He asked, “On which date?” The investigator told him, “August 15, 2017.” He stated, “I, if he left me a message, then I, then, then, I called him back, then I was able to get a message from him on that day.” Officer Torres was reminded that he stated that he did not receive any other voicemails around that timeline (including all those from LACA). He stated, “Like I said, without going in the phone, I can’t, I can’t tell you for sure. But I did have a conversation with, with Perez, yes.” The investigator reconfirmed that Officer Torres was not willing to provide phone records. Officer Torres confirmed that he was not willing to provide the records. Officer Torres was asked if he received any phone calls or voice messages or mailed subpoenas prior to his contact with LACA contacting him through court affairs as he had described, prior to August 11, 2017. He asked, “Uh, can you repeat that again?” The investigator repeated the question. He stated, “I just got the phone call from Cindy (Cindy Martinez, Court Affairs), on the 11th, which is the same day I talked to Lee (City Attorney Lee). EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 27 of 171 SEE Addendum #14 – Following is summary from Addendum #14 related to Allegation #2. Subpoenas sent to Officer Torres on case #7AR00128. Date Issued: 07/20/2017– for Court Date 07/25/2017– BE THERE Address – Fontana, CA Process server delivered on 08/09/2017– for Court Date 08/11/2017– BE THERE Address – Fontana, CA STATEMENTS During her Internal Affairs Interview, Deputy City Attorney Grace Lee stated, that when she was assigned the case, it was determined that it was likely to go to trial. She received the case file and began the process of report review and contacting witnesses for trial preparation. City Attorney Lee received the case file on or about July 25, 2017. At that point there had been several attempts to contact Officer Torres. At that point, the City Attorney did not know that Officer Torres was a Police Officer, the attempts to contact him were based upon his personal information included in the LAPD police reports. City Attorney Lee stated that she received the case from Los Angeles City Attorney (LACA) City Attorney Carolyn Phillips. City Attorney Phillips office had done the case preparation and then assigned it to City Attorney Lee for trial. At the time City Attorney Lee was briefed on the file, witness coordinators had made several attempts to contact Officer Torres via voicemail and subpoena. During the brief, City Attorney Phillips noted that she had no response from Officer Torres; City Attorney Phillips called Officer Torres in her presence, there was no answer. City Attorney Phillips left a voicemail while City Attorney Lee was in her presence. City Attorney Lee did not believe that City Attorney Phillips had ever spoken with Officer Torres. City Attorney Lee did not believe that any other LACA City Attorney had been assigned the case before or after City Attorney Phillips passed her the case. City Attorney Lee discussed potential witnesses to interactions with Officer Torres. In addition to Spencer Hart and Carolyn Phillips, City Attorney Lee was asked about witness coordinators from LACA. She stated that she did not believe that any witness coordinators spoke with Officer Torres. She based that opinion upon her research of the criminal case and associated file, it did not appear that Officer Torres had ever responded to any of the attempted communications and subpoenas from LACA. EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 30 of 171 4800 Los Coyotes Diagonal, old East Police Sub-Station) in Long Beach for the July 25, 2017, court date. The additional addresses were located through a search by LAPD Officer Ayson. The return was not, “Confidential LBPD.” City Attorney Lee also noted from her file that there was a July 26, 2017, court date; and on call subpoena was mailed on July 17, 2017, for that court date. In addition, they attempted a phone call on July 17, 2017, there was no answer, they left a voice mail. July 25, 2017, was a pretrial date, Officer Torres did not appear. Up to this point in the case, no contact had been made with Officer Torres. City Attorney Lee wanted to interview him as a witness after no contact with him. They needed him as the person who saw the motorcycle rider, he was the only one who actually saw the motorcycle rider. City Attorney Lee believed that the witness testimony from Officer Torres would have improved the strength of the case because according the witness statement from him in the police report, he had witnessed some very poor driving prior to the collision. City Attorney Lee believed that Officer Torres testimony could have resulted in additional charges against the defendant. [audio: 0h 24m 32s] Once interviewed, Officer Torres stated he was off-duty and driving home from work. He saw a near collision occur between a motorcycle and a vehicle, then the vehicle crashed into a fixed object. Officer Torres saw that the motorcycle rider did not stop and left the area. Officer Torres stopped and volunteered info to both Sergeant Hillard and then later Officer Quiroga when he was interviewed for the traffic collision and arrest reports. Officer Torres was the only person who saw the motorcycle rider and could provide testimony on that piece of the incident. Other than delay and failure to contact City Attorney Lee, there were not any negative effects to the case. These subpoenas were for a pretrial meeting. City Attorney Lee did not believe court was aware and court did not take any negative action against Torres on that date. An in-person process server attempted to serve subpoenas on August 7, 2017, regarding an August 11, 2017, court date. The LACA’s office made this decision based upon the lack of response to the previous multiple attempts to contact Officer Torres by mail and telephone. City Attorney Lee worked with AS City Attorney Hart to engage a process server to make in person attempts on August 9, 2017. The process server knocked but did not get a response at either the Alta Loma or Fontana addresses. The process server reported that there may have been a person home at one of the addresses, but no one came to the door. There was a car at one address, the process server took the license plate of the vehicle and provided it to Lee, she was not sure if that information was in the file. EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 32 of 171 When asked, City Attorney Lee confirmed that up to the morning of August 11, 2017, there had not been any negative interaction between Officer Torres and LACA. She stated that to this point he had not ever responded to any attempts to reach him. [audio: 0h 34m 55s] On the afternoon of August 11, 2017, Officer Torres called City Attorney Lee back. It was around 1500 when City Attorney Lee spoke with Officer Torres. Officer Torres said he was calling back because the Los Angeles City Attorney’s Office was making threats toward him. Officer Torres stated that he did not have voicemail, it was not set up on his phone and messages couldn’t be left. Officer Torres stated the only way he knew that he needed to call was because he was being threatened by LACA. Officer Torres did not confirm how he knew to call back. City Attorney Lee stated that, “I asked him if he received any of our voicemails that our office had left for him. He stated that he did not have voicemail and no messages could be left for him. I told him that our witness coordinators had left him numerous voicemail messages and that I or other attorneys in the office had also left messages for him. He stated that he had not received any of them. I asked Mr. Torres what led him to call me back, he stated it was because we were harassing him at work and making threats.” City Attorney Lee continued, “At some point in the conversation I remember saying to him, well I spoke to someone in court affairs and they had the same phone number. They left you a voicemail, is that why you called us back?” City Attorney Lee stated that she did not believe that he confirmed that he got a voicemail from court affairs or from Spencer (AS City Attorney Hart) or anybody. City Attorney Lee pointed out that when Officer Torres stated that he was being harassed or threatened, he never disclosed the source of the allegation. City Attorney Lee believed that those allegations originated from the voicemails left by LACA and court affairs, but she did not know for certain how he had received information to contact LACA. City Attorney Lee pointed out that it was possible that Arnita had called Officer Torres back and he answered his phone. [audio: 0h 37m 12s] When asked about Officer Torres’ reference to threats and harassment, City Attorney Lee stated that AS City Attorney Hart mentioned in his voicemail message on Officer Torres’ phone that they (LACA) had just learned he was a police officer for LBPD and mentioned that they did not want to involve his work. They were willing to make accommodations if his work schedule was an issue. No threats were made or intended. City Attorney Lee pointed out that she did not know Officer Torres was a police officer until it was discovered by LAPD Officer Ayson on August 10, 2017. City Attorney Lee had not attempted contact with Officer Torres since learning that information. EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 33 of 171 When City Attorney Lee was asked, she stated that Officer Torres specifically said he did not have voicemail set up on his phone. City Attorney Lee stated that Officer Torres specifically said that he had not received any of the voicemail messages. City Attorney Lee stated that Officer Torres specifically said he had not received any of the subpoenas. [audio: 0h 38m 58s] Based upon context of conversation with City Attorney Lee, she believed Officer Torres had received some type of contact via work. Officer Torres told City Attorney Lee that she was “You’re harassing me at work now.” City Attorney Lee believed that Torres phone was up on caller identification (Caller ID) and was the same number called by LACA (Caller ID information is confirmed later at 43:55 in the interview recording) during all of their previous attempts to communicate with Officer Torres. City Attorney Lee confirmed with Officer Torres that they had his correct phone number, he confirmed the number as the same one listed in the case file. City Attorney Lee told Officer Torres that they had attempted to send him subpoenas at the Alta Loma and Fontana addresses. Officer Torres refused to confirm if either location was his home address. She attempted to confirm his correct address for mailing of subpoenas. He told her she could send mail to Fontana, Ca. He stated, “Yeah, you can send the subpoenas there.” City Attorney Lee asked Officer Torres if that was his home address, he replied, “I’m not going to say that.” [audio: 1h 03m 14s] City Attorney Lee stated that she believed from her notes, not the case file which would be more accurate, a total of 11 subpoenas were sent or delivered to Officer Torres addresses during the course of the case. Of those 11, possibly 1 was sent to 4800 Los Coyotes Diagonal (old EPSS) in relation to the July 25, 2017, court date. In addition to the 11 subpoenas that she counted from her notes, City Attorney Lee stated that there were those that were sent to LBPD court affairs that were served to Officer Torres at work. City Attorney Lee confirmed that Officer Torres stated that the Fontana address was a good mailing address but would not confirm where he lived. Officer Torres did not explain why. City Attorney Lee asked Officer Torres if he was certain he would receive a subpoena mailed to the Fontana address, she was concerned that he was not receiving the subpoenas at Fontana to this point, Officer Torres said, “Just send them there.” City Attorney Lee was asked if Officer Torres ever expressed doubt as to her identity or legitimacy as a City Attorney as the reason for he would provide identify his address. City Attorney Lee stated, “No.” She added that every phone EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 34 of 171 call from LACA included the information that they are calling from the Los Angeles City Attorney’s Office. She stated that he had made rude comments, but none that expressed doubt about her identity. This conversation occurred after he had been contacted through LBPD court affairs. [audio: 1h 06m 37s] City Attorney Lee was asked about the topic of voicemail not working on Officer Torres’ phone. She stated that she expressed to him that they had been trying to reach him. Officer Torres said that he had not received any of their subpoenas when she asked him. [audio: 1h 09m 36s] On August 14, 2017, there was a court date, an on-call subpoena was sent out on July 26, 2017, Officer Torres did not respond. City Attorney Lee told Officer Torres over the phone that they had sent him an on-call subpoena and told him over the phone that she wanted him to appear in court on August 14, 2017, Officer Torres said, “No, I won’t be there.” She said Officer Torres was under no legal obligation to appear and she did not believe she had the legal authority to order him to appear over the phone, but she specifically told him a subpoena had been sent to his address to be on call and that she wanted him to appear. Officer Torres told City Attorney Lee that he never gave his phone number to the LAPD officers for their report, he could not understand why they had his phone number. During his Internal Affairs Interview, Sergeant Hillard stated that he has been a Los Angeles Police Officer for over twenty years. He is currently assigned to the Wilshire Division. On March 1, 2017, he was present at a traffic collision and driving under the influence (DUI) arrest near 7550 S. Sepulveda Bl. Los Angeles at approximately 0150 hours, Los Angeles Police Department (LAPD) Report #17-14-07337. During that call, he came in contact with a witness to the event, off-duty Long Beach Police Officer, Michael Torres. Officer Torres approached Sergeant Hillard as he was contacting the DUI driver. Officer Torres identified himself to Sergeant Hillard as a police officer and told him that he had seen everything that occurred. When assisting LAPD officers arrived, Sergeant Hillard told them that he had a police officer witness who had seen the incident and directed the LAPD officers to interview Officer Torres. Sergeant Hillard did not have any contact with Officer Torres after the March 1, 2017, at the scene of the incident. Sergeant Hillard was advised by the Los Angeles City Attorney’s office that Officer Torres had called him a liar. Sergeant Hillard was told that Officer Torres was not being cooperative with the prosecution and was reluctant to testify. Officer Torres had told the City Attorney that he had seen all of the incident and that he was lying about not seeing the EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 36 of 171 Torres called back and spoke to City Attorney Lee. AS City Attorney Hart confirmed that City Attorney Lee’s account of AS City Attorney Hart’s message was correct. AS City Attorney Hart stated in his message that this case involved a DUI with a defendant who had prior DUI’s and that they did not want to involve Officer Torres’ chain of command. His lack of response as a police officer was baffling and that his office just wanted to talk with Officer Torres regarding what he had witnessed. If Officer Torres had any issues regarding his availability, he would work with him. AS City Attorney Hart continued, “Ms. Lee told me further that Torres claimed that he had not received any of the subpoenas that we had mailed or hand delivered and refused to confirm which address was the correct address for his residence. He also claimed that he had not received any of the voicemail messages left for him and that he didn’t even have voicemail set up on his phone. He said that the reason he called Ms. Lee back was because we were ‘harassing’ him at work and making ‘threats.’ He stated that he would not be appearing in August 14, which was then the next court date.” AS City Attorney Hart confirmed and independently recalled that the statements he attributed to City Attorney Lee were a true and accurate reflection of the conversation with City Attorney Lee. AS City Attorney Hart added that City Attorney Lee is a relatively new and young attorney. She was shaken and upset; she was frustrated with Officer Torres’ attitude when she came to him for consultation. AS City Attorney Hart confirmed that City Attorney Lee reported that Officer Torres refused to appear on August 14, 2017. AS City Attorney Hart stated that Officer Torres did not think he was needed. AS City Attorney Hart repeated that Officer Torres claimed now that he didn’t actually see the suspect and that he didn’t actually see the things that he had told the police officers who took the original report. AS City Attorney Hart added that Officer Torres had asked City Attorney Lee for the name and number of defense counsel. He said that he would advise defense counsel that the police report was wrong. He reiterated that he should not have to testify because the LAPD sergeant had seen everything and that if the sergeant said otherwise, the sergeant was not being truthful. AS City Attorney Hart stated that it was necessary to make Officer Torres go before the judge to confirm his contact information and phone number. AS City Attorney Hart was present when Officer Torres spoke with the judge. AS City Attorney Hart stated that it was unusual to have to make a police officer witness provide his information before the court. He stated that he would not ever expect to have to do that with a police officer witness. AS City Attorney Hart stated that normally a police officer witness is taken at their word and they provide contact information for the file and that is sufficient. To go on record and ask the court to confirm contact information was extraordinary. AS City Attorney Hart could not EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 39 of 171 noted a car in the driveway, CA. License Plate Ruhl did not note any signs that anyone was home or attempting to avoid service. At Fontana, CA there was no answer at the door. A copy of the subpoena was attached to the door with a hand-written note to contact City Attorney Lee. Ruhl did not note any signs that anyone was home or attempting to avoid service. During her Internal Affiars Interview, Darlene Alvarez stated she is a Civil Technician (CT) for the San Bernardino County Sheriff’s Department (SBSD). CT Alvarez stated that in September and October of 2016 she attempted service in case #RID1603614 at Fontana, CA. for Michael Torres. When asked about the SBSD Summons and Subpoena form (Addendum #24) that she filled out in regard to the attempted service, she stated that she filled out the form and that the notations were accurate. When asked about her handwritten notes, “Unable to contact defendant after numerous attempts, defendant evading service.” CT Alvarez stated that she had made three attempts for service, left business cards, saw that his described vehicle was in the driveway, and Officer Torres never contacted them or responded to their attempts to reach him. CT Alvarez stated that they did not locate anyone at the residence matching Officer Torres’ description. CT Alvarez stated that her normal practice when attempting service is to ring the doorbell. In this particular instance, she noted that she heard the doorbell inside home, so she did not knock on the door. She did not hear or see anyone inside. CT Alvarez noted that the three recorded dates, September 22, 2016, September 28, 2016 and October 6, 2016, were the dates that she attempted service on Officer Torres. Included in her notations on dates for service were that a Silver Ford Truck with paper license plates was located in the driveway on two occasions. CT Alvarez explained that all computer typed information noted on the form was information provided by the plaintiff in the matter. Any handwritten notes were recorded by CT Alvarez. LASD process servers were contacted during the investigation regarding their report (Addendum #24), related to subpoena service in Riverside Court case #RID1603614. They attempted to serve Officer Torres during his work hours at the East Police Substation on three occasions. They were not able to locate or serve Officer Torres. EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 40 of 171 Internal Affairs Sergeant Dominick Scaccia filed a memorandum (Addendum #24). “On October 3, 2016, I facilitated subpoena service on Officer Michael Torres #6252 in relation to Riverside Court Case #RID1603614, in the Internal Affairs office, at the direction of Lieutenant Patrick O’Dowd. Sergeant Vincenzo Marchese was present when Officer Torres was served. Officer Torres behavior was best described as defiant. I greeted him as he entered the office. When I advised he was being served, he immediately stated, ‘Are you willing to testify to this? That’s per Trott.’ Officer Torres then accepted service of the subpoena and left without further incident. Proof of service was later provided to Ms. During his Internal Affairs Interview, Officer Michael Torres stated that on March 1, 2017, he was off-duty in the area of 77th St. and Sepulveda Blvd. in the City of Los Angeles when he witnessed a traffic collision. He briefly described the traffic collision; the reporting agency was the Los Angeles Police Department (LAPD). Officer Torres stated that he had a brief interaction with a LAPD Sergeant (Hillard) at the scene when he pulled over. Additional LAPD officers responded to the incident. Officer Torres provided a witness statement to one of the LAPD officers. Officer Torres did not know the name of the officer to whom he spoke. Based upon reports and interviews, LAPD Officer Quiroga conducted the witness interview with Officer Torres. Officer Torres described other officers at the scene, and believed there were three in total, Officer Torres described the officer that interviewed him as a shorter male white. Officer Torres witness statement was a one on one interview. [audio I: 5m 23s] Officer Torres was asked what caused him to stop and provide a witness statement at 0150 hours in the morning. He stated that it appeared that other vehicles in the area did not care about the collision. He wanted to make sure that the person who crashed was okay. Once he pulled over, he saw that Sergeant Hillard was already present. Officer Torres was asked about his willingness and ability to participate in the court case as a witness. He stated that he was willing to go to court. He stated, “I got a subpoena, I know I have to go and show up on that date and time. There was a conversation between me and the ‘DA’ regarding this case, she read me this report and I had disagreed with facts in the report at which time she wanted me to go along with what was just written in the report. I told her that I would not do that, I would testify to what I actually had saw that’s not listed in the report.” EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 41 of 171 Officer Torres was asked if at some point he expressed a reluctance to testify in court and told City Attorney Lee that the LAPD officers had seen everything and that they could testify to the facts of the case. Officer Torres denied that he made that statement. [audio I: 7m 42s] Officer Torres was asked when he first became aware that the Los Angeles City Attorney’s Office (LACA) was trying to reach him regarding this incident, People v. Simen 7AR00128. “I received a call from Cindy in court affairs, I don’t know the date, but she had told me that there was a ‘DA’ that was trying to get ahold of me regarding a traffic collision that I had witnessed. She told me that the ‘DA’ had asked if she could put me on their court calendar for the case. She told them that they could not since it was not a work-related incident, it was off duty. And that she, she told me that the ‘DA’ had been trying to get ahold of me, and I told her that I had not heard from the ‘DA’ prior to this conversation. So she gave me the ‘DA’s’ phone number and I called her shortly after our conversation. Officer Torres confirmed that he called LACA back the same day as he alleged that he spoke with Cindy in court affairs. Officer Torres was asked if by referring to ‘DA’ if he actually meant City Attorney, he clarified that he spoke with Grace Lee, and was informed that she worked for LACA. [audio I: 8m 58s] Officer Torres was asked if he thought it was correct that he called City Attorney Grace Lee back on August 11, 2017. He stated, “Again, I don’t know when our conversation, I have the court affairs number.” When asked if that date sounded about right, he stated, “It could be.” Officer Torres stated that during his conversation with City Attorney Lee he told her that he had not received any of the voicemails that her office had left on his phone during the previous attempts to contact him. Officer Torres stated that he did not receive any of the voicemails that LACA had left for him between April 2017 and August 11, 2017. Officer Torres was informed that it appeared that from the investigation that his phone conversation with City Attorney Lee took place on August 11, 2017. Officer Torres stated that on August 11, 2017, during their phone conversation, he told City Attorney Lee that he had not received any subpoenas from LACA on the case to that point. Officer Torres stated that he did not receive any subpoenas regarding the case during the timeframe of April 2017 to August 11, 2017. EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 43 of 171 in the City of Rancho was my address. I told her, I told her that was not my, my address, that it was my parents address and that the city was actually Rancho Cucamonga, not the City of Rancho. Um, she didn’t, she didn’t ask me what my, what my address was, and I gave her my address.” Officer Torres was asked if he refused to confirm for her what his home address was for the mailing of subpoenas. He stated, “No.” [audio I: 52m 35s] Officer Torres was asked if he told her that she could mail subpoenas He stated, “Yes I did.” Officer Torres was asked if when City Attorney Lee asked if it was his home address he stated, “I am not going to say that.” He stated, “No, I never said that.” Officer Torres was asked about City Attorney Lee expressing concern about him not receiving subpoenas up to that point. He was asked if he told City Attorney Lee in reference to the address, “Just send them there.” He stated, “Yes, I told her send, send future subpoenas, yes.” Officer Torres was asked if he told City Attorney Lee that he had not received any of the subpoenas sent to him prior to August 11, 2017. He stated, “Yes.” Officer Torres was asked if he told City Attorney Lee that he would not appear in court on August 14, 2017 during their conversation on August 11, 2017. He stated, “No, I don’t recall telling her that, no.” Officer Torres was asked if he said, “No, I won’t be there.” He stated, “No, I don’t remember saying that, no.” Officer Torres was asked if he was familiar with LBPD policy about subpoenas and appearances. He stated, “Yes.” Officer Torres was asked about Riverside Court Case #RID1603614, a family court case. Officer Torres was familiar with the case and understood what the investigator was talking about. The case was related to and a child they have in common. Officer Torres stated, “Yes.” Officer Torres was asked to provide a brief summary of what the case was about. Attorney Trott interjected, “Can I ask what this is about? What are the allegations here?” The investigator stated that the issue was relevant to pattern of behavior. Attorney Trott asked, “So we are not looking at another I.A. case?’ EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 44 of 171 The investigator stated, “No.” Officer Torres was asked to give a brief summary of what the case involved and his explanation did not need to include all the details.” Officer Torres asked to speak with Attorney Trott in private. [Break] Break at 1830 hours, during the break Officer Torres was given an opportunity to consult with Attorney Trott, when they concluded with their consultation in private, all parties were given time to attend to their personal needs. The interview resumed at 1840 hours. Present were Attorney Trott, Officer Torres, Sergeant Mendoza and Sergeant Ellis. Officer Torres was again asked to focus his attention on Riverside Court Case, #RID1603614. Officer Torres acknowledged that he was able to consult with Attorney Trott. Officer Torres was asked to provide a general summary of the case. He stated, “It’s a child custody, where a female that I had a relationship with got pregnant and had a child.” Officer Torres was asked if he was aware that the San Bernardino Sheriff’s Department attempted service multiple times at his home address of Fontana, in September and October of 2016. (Addendum #24) Officer Torres was asked if he received any of the notices they left on his door. He stated, “No.” Officer Torres was told that the San Bernardino Sheriff’s Department employee that attempted subpoena service on all three occasions noted that he was evading service. Officer Torres was asked if he had any explanation or knowledge as to why they would make that statement. He stated, “No idea, never knew that.” Officer Torres was asked if he was notified in this same matter, #RID1603614, that the Los Angeles Sheriff’s department attempted service multiple times at 3800 Willow St., the East Police Substation in October of 2016. He stated, “I was never aware of LA Sheriff’s, no.” (Addendum #24) Officer Torres was asked if he ever received a subpoena from the Los Angeles Sheriff’s Department regarding the Riverside court case. He stated, “No.” Officer Torres was told that the Los Angeles Sheriff’s noted on their attempts of service that he was hard to locate at the police station. He was asked if he had any explanation as to why the Los Angeles Sheriff’s Department would note that on their attempts at service. He stated, “I, I never knew.” EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 45 of 171 Officer Torres was asked about the September and October 2016 timeframe and if a friend of attempted to serve him a subpoena at Fontana. He stated, “No.” He was asked if anyone ever tried to serve a subpoena at that location. He stated, “No.” [audio II: 03m 03s] Officer Torres was asked if was aware of or attempted service at the location on the Riverside case. He stated, “No.” When asked if she was aware of that address, he stated, “I don’t believe so, no.” Officer Torres was reminded that in October 2016 he was served a subpoena in Internal Affairs by Sergeant Scaccia. During that service, he asked Sergeant Scaccia, “Are you willing to testify to this? That’s per Trott.” Officer Torres was asked if he said that to Sergeant Scaccia. He stated, “I said, I told him that you’re testifying as the proof of service on this case, per Trott, yes.” The question was rephrased, “Is that an accurate reflection of what you told him?” Officer Torres stated, “Yes.” Officer Torres was told that his statement seemed to reflect that he did not want to be served with the subpoena. He was asked if that was a fair assessment. He stated, “No, it’s not a fair.” Officer Torres was asked what his attitude was about being served. He stated, “I was a little confused as to why I was being ordered into Internal Affairs on a non- work-related issue.” Officer Torres was asked what his motive was in asking Sergeant Scaccia, “Are you willing to testify to this?” He stated, “I was asking if he, if I needed him to be available in court, because I would need to probably get an attorney that, he would, he would be the one that signed this proof of service that he gave, he gave the paperwork.” Officer Torres was asked if he was upset when he was given that paperwork by Sergeant Scaccia. He stated, “No.” Officer Torres was asked if he was trying to be defiant to Sergeant Scaccia. He stated, “No.” Officer Torres was asked if he was attempting to avoid being served at all in this matter, the Riverside case. He stated, “No.” Officer Torres was asked about September and October 2016 if Fontana, was his address. He stated, “Yes.” EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 47 of 171 Officer Torres was asked if he was receiving voicemails on his phone during that timeline. He stated, “I did not get any new ones, I don’t believe, no.” Officer Torres was asked if anyone during the timeline of April to August 2017, left messages on that phone number. He stated, “Not that I recall, no.” Officer Torres was asked again if he received any new voice messages on his phone between April and the end of August 2017. He stated, “Without checking I couldn’t tell you yes or no.” Officer Torres was asked if he had the ability to check for that information. He stated, “Yeah, I could go into the phone.” Officer Torres was asked if there were any new voice messages that he heard or received between April and August 2017. He stated, “I don’t believe so, no.” Officer Torres was asked if he was willing to provide phone records from that timeline in relation to his voicemails. Attorney Trott answered, “Nope. I said yes last time, no the time before. It’s time to say no.” Officer Torres was asked again if he was willing to provide phone records. He stated, “I’m going to go, no.” [audio II: 10m 13s] Officer Torres was asked if it was correct that the Los Angeles City Attorney’s office was not able to make contact with him prior to August 11, 2017. He asked, “That’s the date that I talked to them on the phone, correct?” The investigator stated, “Yes.” Officer Torres stated, “Yes, that’s correct. Officer Torres was asked if he had any contact or communication with the Los Angeles City Attorney’s office prior to that date. He stated, “No.” Officer Torres was asked if he was involved in any other criminal cases where he was having subpoenas mailed to him at either address during the timeframe of April to August 2017. He stated, “No. I don’t believe so, No.” He asked for clarification and the question was repeated. He stated, “No, no, no, no criminal cases, no.” Officer Torres was asked if had any other subpoenas that were being mailed to him during that timeline at either address. He stated, “I don’t believe so, I believe that the Riverside case was already handled, so I would say no.” [audio II: 11m 22s] On August 15, 2017, at about 1608 hours Sergeant Louis Perez left a voicemail on Officer Torres cell phone. Officer Torres called back and acknowledged that EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 48 of 171 he had received the voicemail at about 1614 hours, according to phone records, (Addendum #13). Officer Torres was asked to explain. He asked, “On which date?” The investigator told him, “August 15, 2017.” He stated, “I, if he left me a message, then I, then, then, I called him back, then I was able to get a message from him on that day.” Officer Torres was reminded that he stated that he did not receive any other voicemails around that timeline (including all those from LACA). He stated, “Like I said, without going in the phone, I can’t, I can’t tell you for sure. But I did have a conversation with, with Perez, yes.” The investigator reconfirmed that Officer Torres was not willing to provide phone records. Officer Torres confirmed that he was not willing to provide the records. Officer Torres was asked if he received any phone calls or voice messages or mailed subpoenas prior to his contact with LACA contacting him through court affairs as he had described, prior to August 11, 2017. He asked, “Uh, can you repeat that again?” The investigator repeated the question. He stated, “I just got the phone call from Cindy (Cindy Martinez, Court Affairs), on the 11th, which is the same day I talked to Lee (City Attorney Lee). Officer Torres was asked if he received any phone calls from LACA prior to August 11, 2017. He stated, “No.” Officer Torres was asked if he received any phone messages from LACA prior to August 11, 2017. He stated, “No.” Officer Torres was asked if he received any mailed subpoenas from LACA prior to August 11, 2017. He stated, “No.” [audio II: 13m 29s] Officer Torres was asked to explain his understanding of the legal requirements of a person upon receiving a subpoena. He stated, “Well, when you get a subpoena, you are supposed to follow the directions on the subpoena and appear as it tells you to appear.” Officer Torres was asked if he was aware that failure to obey the subpoena is punishable as contempt of court under penal code sections 1331 and 1331.5. He stated, “Yes.” On April 17, 2017, a subpoena was sent for a May 11, 2017, court date. It was mailed to Alta Loma, CA. the address Officer Torres EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 54 of 171 In relation to the July 25, 2017, court date referenced in the written complaint, City Attorney Lee stated that she received the case file on July 17 or 18, 2017. City Attorney Lee received the file from the previously assigned prosecutor, City Attorney Carolyn Phillips. When she turned over the file, City Attorney Phillips noticed that they had not made contact with Officer Torres. City Attorney Phillips called Officer Torres in City Attorney Lee’s presence, there was not an answer, City Attorney Phillips left a voice mail message. City Attorney Lee then enlisted LAPD Officer Ayson on July 19, 2017, to help with locating Officer Torres. At this point, it was still unknown that Officer Torres was a police officer. Through a Lexis search, an additional (909) phone number with an address in Fontana, Ca. City Attorney Lee left a voicemail at the first phone number on July 19, 2017, and also spoke with someone at the newly discovered number who said that it was not Officer Torres phone number. City Attorney Lee stated there was a voicemail enabled on the original number, which accepted her message. She said there was not a voice identifier from Officer Torres. [audio: 0h 20m 18s] On July 20, 2017, “Must Appear” subpoenas were mailed to the Alta Loma and Fontana addresses as well as a commercial address (later determined to be 4800 Los Coyotes Diagonal, old East Police Sub-Station) in Long Beach for the July 25, 2017, court date. The additional addresses were located through a search by LAPD Officer Ayson. The return was not, “Confidential LBPD.” City Attorney Lee also noted from her file that there was a July 26, 2017, court date; and on call subpoena was mailed on July 17, 2017, for that court date. In addition, they attempted a phone call on July 17, 2017, there was no answer, they left a voice mail. July 25, 2017, was a pretrial date, Officer Torres did not appear. Up to this point in the case, no contact had been made with Officer Torres. City Attorney Lee wanted to interview him as a witness after no contact with him. They needed him as the person who saw the motorcycle rider, he was the only one who actually saw the motorcycle rider. City Attorney Lee believed that the witness testimony from Officer Torres would have improved the strength of the case because according the witness statement from him in the police report, he had witnessed some very poor driving prior to the collision. City Attorney Lee believed that Officer Torres testimony could have resulted in additional charges against the defendant. [audio: 0h 24m 32s] Once interviewed, Officer Torres stated he was off-duty and driving home from work. He saw a near collision occur between a motorcycle and a vehicle, then the vehicle crashed into a fixed object. Officer Torres saw that the motorcycle EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 56 of 171 During their conversations on August 10, 2017, Arnita told City Attorney Lee that she left a voice mail for Officer Torres, but he had not yet called back to LBPD court affairs. On the morning of August 11, 2017, neither City Attorney Lee nor Arnita had heard back from Officer Torres. Later in the morning of August 11, 2017, City Attorney Lee spoke with AS City Attorney Hart, Hart left another voice mail for Officer Torres. City Attorney Lee asked AS City Attorney Hart to make the call to insulate against a negative personality conflict and convey that the Los Angeles City Attorney’s Office needed to speak with Officer Torres, City Attorney Lee had left several messages as this point in the timeline. City Attorney Lee listened as AS City Attorney Hart left the voice mail and explained the critical need to speak with Officer Torres and that they had learned he was a police officer from LBPD. AS City Attorney Hart said that they did not want to involve Officer Torres’ chain of command and offered to work with him if he had a difficult schedule. AS City Attorney Hart expressed that he had hard time understanding Officer Torres’ failure to contact their office. August 11, 2017, was a be there court date, Officer Torres did not appear. The subpoena was for a pretrial meeting. The court was not informed of his failure to appear, the court did not take action. When asked, City Attorney Lee confirmed that up to the morning of August 11, 2017, there had not been any negative interaction between Officer Torres and LACA. She stated that to this point he had not ever responded to any attempts to reach him. [audio: 0h 34m 55s] On the afternoon of August 11, 2017, Officer Torres called City Attorney Lee back. It was around 1500 when City Attorney Lee spoke with Officer Torres. Officer Torres said he was calling back because the Los Angeles City Attorney’s Office was making threats toward him. Officer Torres stated that he did not have voicemail, it was not set up on his phone and messages couldn’t be left. Officer Torres stated the only way he knew that he needed to call was because he was being threatened by LACA. Officer Torres did not confirm how he knew to call back. City Attorney Lee stated that, “I asked him if he received any of our voicemails that our office had left for him. He stated that he did not have voicemail and no messages could be left for him. I told him that our witness coordinators had left him numerous voicemail messages and that I or other attorneys in the office had also left messages for him. He stated that he had not received any of them. I asked Mr. Torres what led him to call me back, he stated it was because we were harassing him at work and making threats.” City Attorney Lee continued, “At some point in the conversation I remember saying to him, well I spoke to someone in court affairs and they had the same phone number. They left you a voicemail, is that why you called us back?” City EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 57 of 171 Attorney Lee stated that she did not believe that he confirmed that he gotten a voicemail from court affairs or from Spencer (AS City Attorney Hart) or anybody. City Attorney Lee pointed out that when Officer Torres stated that he was being harassed or threatened, he never disclosed the source of the allegation. City Attorney Lee believed that those allegations originated from the voicemails left by LACA and court affairs, but she did not know for certain how he had received information to contact LACA. City Attorney Lee pointed out that it was possible that Arnita had called Officer Torres back and he answered his phone. [audio: 0h 37m 12s] When asked about Officer Torres’ reference to threats and harassment, City Attorney Lee stated that AS City Attorney Hart mentioned in his voicemail message on Officer Torres’ phone that they (LACA) had just learned he was a police officer for LBPD and mentioned that they did not want to involve his work. They were willing to make accommodations if his work schedule was an issue. No threats were made or intended. City Attorney Lee pointed out that she did not know Officer Torres was a police officer until it was discovered by LAPD Officer Ayson on August 10, 2017. City Attorney Lee had not attempted contact with Officer Torres since learning that information. When City Attorney Lee was asked, she stated that Officer Torres specifically said he did not have voicemail set up on his phone. City Attorney Lee stated that Officer Torres specifically said that he had not received any of the voicemail messages. City Attorney Lee stated that Officer Torres specifically said he had not received any of the subpoenas. [audio: 0h 38m 58s] Based upon context of conversation with City Attorney Lee, she believed Officer Torres had received some type of contact via work. Officer Torres told City Attorney Lee that she was “You’re harassing me at work now.” City Attorney Lee believed that Torres phone was up on caller identification (Caller ID) and was the same number called by LACA (Caller ID information is confirmed later at 43:55 in the interview recording) during all of their previous attempts to communicate with Officer Torres. City Attorney Lee confirmed with Officer Torres that they had his correct phone number, he confirmed the number as the same one listed in the case file. City Attorney Lee told Officer Torres that they had attempted to send him subpoenas at the Alta Loma and Fontana addresses. Officer Torres refused to confirm if either location was his home address. She attempted to confirm his correct address for mailing of subpoenas. He told her she could send mail to Fontana, Ca. He stated, “Yeah, you can send the subpoenas there.” City Attorney Lee asked Officer Torres if that was his home address, he replied, “I’m not going to say that.” EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 58 of 171 [audio: 1h 03m 14s] City Attorney Lee stated that she believed from her notes, not the case file which would be more accurate, a total of 11 subpoenas were sent or delivered to Officer Torres addresses during the course of the case. Of those 11, possibly 1 was sent to 4800 Los Coyotes Diagonal (old EPSS) in relation to the July 25, 2017, court date. In addition to the 11 subpoenas that she counted from her notes, City Attorney Lee stated that there were those that were sent to LBPD court affairs that were served to Officer Torres at work. City Attorney Lee confirmed that Officer Torres stated that the Fontana address was a good mailing address but would not confirm where he lived. Officer Torres did not explain why. City Attorney Lee asked Officer Torres if he was certain he would receive a subpoena mailed to the Fontana address, she was concerned that he was not receiving the subpoenas at Fontana to this point, Officer Torres said, “Just send them there.” City Attorney Lee was asked if Officer Torres ever expressed doubt as to her identity or legitimacy as a City Attorney as the reason for he would provide identify his address. City Attorney Lee stated, “No.” She added that every phone call from LACA included the information that they are calling from the Los Angeles City Attorney’s Office. She stated that he had made rude comments, but none that expressed doubt about her identity. This conversation occurred after he had been contacted through LBPD court affairs. [audio: 1h 06m 37s] City Attorney Lee was asked about the topic of voicemail not working on Officer Torres’ phone. She stated that she expressed to him that they had been trying to reach him. Officer Torres said that he had not received any of their subpoenas when she asked him. [audio: 1h 09m 36s] On August 14, 2017, there was a court date, an on-call subpoena was sent out on July 26, 2017, Officer Torres did not respond. City Attorney Lee told Officer Torres over the phone that they had sent him an on-call subpoena and told him over the phone that she wanted him to appear in court on August 14, 2017, Officer Torres said, “No, I won’t be there.” She said Officer Torres was under no legal obligation to appear and she did not believe she had the legal authority to order him to appear over the phone, but she specifically told him a subpoena had been sent to his address to be on call and that she wanted him to appear. Officer Torres told City Attorney Lee that he never gave his phone number to the LAPD officers for their report, he could not understand why they had his phone number. EXECUTIVE SUMMARY – INTERNAL AFFAIRS CASE # ADM2017-0037 May 23, 2018 Page 59 of 171 [audio: 1h 33m 19s] City Attorney Lee felt the need to bring Officer Torres in front of the Judge to confirm the subpoena and confirm his phone number was correct because Officer Torres had been so difficult to reach. The Judge even offered Officer Torres on 3-4-hour call rather than 24-hour call at Deputy Lee’s request. Officer Torres told the Judge that he would try to appear with the 3-4-hour notice which caused the Judge to reply that was not good enough and he had to confirm that he could be on 3-4-hour call or he would have to appear each day. Officer Torres then agreed. [Addendum #20] City Attorney Lee said that she had never had a police officer behave in that way. The Judge did not understand the problems with Officer Torres or that Officer Torres was a police officer. The Judge was confused as to why the City Attorney would want to include a witness phone number in the court record. City Attorney Lee said the behavior disrupted her peace of mind and confidence in the case. She had not ever encountered a police officer that refused to provide contact information. City Attorney Lee decided not to call Torres based upon his behavior and statements. City Attorney Lee stated that Officer Torres’ behavior was not a cause of delay. During his Internal Affiars Interview, Assisting Supervising (AS) City Attorney Hart stated that he has been employed by the Los Angeles City Attorney’s Office since 1997. During the course of Los Angeles City Attorney’s Case #7AR00128, People V. Simen, Mr. Hart became aware that there was a problem with Officer Torres in his role as a witness when the prosecutor assigned to the case, Deputy City Attorney Grace Lee, brought the issue to his attention. City Attorney Lee told AS City Attorney Hart that she was having problems in contacting Officer Torres. AS Hart did not know the exact date that Deputy Lee approached him, but when presented with August 11, 2017, as the date that City Attorney Lee recorded approaching AS City Attorney Hart in her notes, AS City Attorney Hart believed that was the correct date. Prior to City Attorney Lee bringing the issue to AS City Attorney Hart, he was not involved in the details of the case. City Attorney Lee was a direct report to AS City Attorney Hart. AS City Attorney Hart stated that City Attorney Lee came to him initially expressing difficulty in reaching Officer Torres, she had enlisted the assistance of an LAPD liason officer, Nestor Ayson, in locating additional contact information for Officer Torres and during that search, had discovered that Officer Torres was a police officer for the City of Long Beach.