Interview Ofc Moscoso_Redacted
City of Long Beach
Working Together to Serve Memorandum
Date: October 7, 2016
To: Steve Lauricella, Commander, Internal Affairs Division
From: Daniel Mendoza, Sergeant, Internal Affairs Division
Subject: INTERVIEW OF EDMUND MOSCOSO – I.A. CASE# CIT2016-0037
Person Interviewed: Officer Edmund Moscoso #6164
Status: Accused
Relationship/Role: Handcuffing
On October 6, 2016 at approximately 1451 hours, Sergeant Daniel Mendoza and
Investigator Tammy Tatreau interviewed Officer Edmund Moscoso in the Internal
Affairs office. Prior to the interview, Officer Moscoso was advised of the nature
of the investigation and was given the opportunity to have a representative
present. Attorney Trott was present as a representative. Officer Moscoso read
and signed the Police Officers Bill of Rights. Sergeant Daniel Mendoza read
Officer Moscoso the Accused Officer Admonition. The interview was recorded
with Officer Moscoso’s knowledge and the following is a summary of the
interview.
Officer Moscoso confirmed he was working with when they
observed a woman being battered in the area of Long Beach Boulevard and 8th
Street. Officer Moscoso confirmed he subsequently handcuffed and arrested
Complainant Cerda. Sergeant Mendoza asked Officer Moscoso if the incident
was mutual in the fact that both parties were physically assaulting one another
and he replied, “You know I didn’t actually see the female half of the altercation
hit the male half at any point, so I couldn’t exactly say it was mutual. But it was
entirely possible.”
Sergeant Mendoza asked Officer Moscoso how it was they approached
Complainant Moscoso. Officer Moscoso said they activated their emergency
lights and yelled at Complainant Cerda to stop. Officer Moscoso
said Complainant Cerda ignored commands and walked north
bound on Long Beach Boulevard. Officer Moscoso said 15 to 20 feet from where
the altercation took place Complainant Cerda turned around acknowledged
and dropped to his knees (facing away) and placed his hands
behind his head.
Sergeant Mendoza asked Officer Moscoso if there had been any commands
given to Complainant Cerda as to what he should do and he stated, “Yes. None
of them were to drop to his knees and put his hands on his head, it was merely to
stop.” Officer Moscoso explained that Complainant Cerda to this point had not
reacted to their presence.
INTERVIEW OF EDMUND MOSCOSO – I.A. CASE# CIT2016-0037
October 7, 2016
Page 2
Sergeant Mendoza asked Officer Moscoso if he had determined whether or not
Complainant Cerda spoke English and he replied, “No.” Officer Moscoso was
asked if it was his opinion that Complainant Cerda was a non-English speaker or
that he was an English speaker ignoring their instructions. Officer Moscoso said
it was his belief that Complainant Cerda was ignoring their instructions. Officer
Moscoso was asked what the demeanor of Complainant Cerda was during the
encounter and he stated, “He was. He could care less if we were there or not.
He wasn’t listening to . He didn’t look in our direction until finally
going to his knees and at no point did he ever follow any of the commands we
were giving him, so he was just not there.”
Sergeant Mendoza asked Officer Moscoso if based on his training and
experience if he was able to make an assessment of whether or not Complainant
Cerda was under the influence of drugs and/or alcohol. Officer Moscoso said, “It
certainly ran through my mind and that was entirely possible. Whatever it was he
wasn’t going to go, he wasn’t going to follow any commands that we were giving
him, so I knew we had to go hands on basically to take him into custody.”
Sergeant Mendoza asked Officer Moscoso if he at any time pushed Complainant
Cerda forward and onto the ground and he stated, “No.” Officer Moscoso
confirmed Complainant Cerda was in a kneeling position with his hands behind
his head when he approached.
Officer Moscoso confirmed he has been trained by the Long Beach Police
Department and know the approved arrest and control techniques associated
with a kneeling prone position and he stated, “yes.” Sergeant Mendoza asked
Officer Moscoso if he had also been trained on how to take a person from a
kneeling position to prone position for handcuffing and he stated, “Yes.”
Sergeant Mendoza asked Officer Moscoso if he used an approved method to
take Complainant Cerda into custody and he stated, “Yes.”
Sergeant Mendoza asked Officer Moscoso if Complainant Cerda ever struck his
face on the pavement while he performed the approved technique and he
replied, “No.” Sergeant Mendoza asked Officer Moscoso if Complainant Cerda
ever advised him he had been injured and he stated, “No.” Sergeant Mendoza
asked Officer Moscoso if he ever saw any blood coming from the mouth of
Complainant Cerda or if Complainant Cerda complained of any pain to his face
or mouth and he replied, “No.”
Sergeant Mendoza directed Officer Moscoso of the photographs taken of
Complainant Cerda’s face/mouth. Sergeant Mendoza commented that in one of
the photo’s Complainant Cerda has a small abrasion to his nose and another on
his upper lip. Sergeant Mendoza asked Officer Moscoso if he knew how
Complainant Cerda sustained these injuries and he replied, “I do not know.”
INTERVIEW OF EDMUND MOSCOSO – I.A. CASE# CIT2016-0037
October 7, 2016
Page 3
Sergeant Mendoza asked Officer Moscoso if it was possible that these injuries
could have been caused during the violent interaction between Compliant Cerda
and Witness and he stated, “Yes.”
Sergeant Mendoza asked Officer Moscoso when he first learned that
Complainant Cerda was alleging someone had broken his tooth and he stated it
was later in his shift. Officer Moscoso confirmed he arrested Complainant Cerda,
but had another unit transport the prisoner to be booked and that Sergeant
Alexander informed him of the allegation.
Sergeant Mendoza asked Officer Moscoso if he observed whether or not
Complainant Cerda had a broken tooth upon their contact and he stated, “No.”
Sergeant Mendoza directed Officer Moscoso once again to the photographs
taken of Complainant Cerda on the day of the incident. Officer Moscoso was
asked if he saw any injuries around the gum line or lip line indicative of the
alleged mouth injury and he replied, “I don’t see any swelling, any redness, any
abrasions to the inner lips or the area around the tooth.”
Sergeant Mendoza asked Officer Moscoso if he had seen injuries caused to the
mouths of other individuals and he stated, “Yes.” Officer Moscoso was asked if
what he was viewing was consistent with someone who’s had their mouth injured
and he stated, “No. I would say that tooth was somehow fractured previously
because there’s no apparent injury to the mouth or around it.”
Investigator Tatreau asked Officer Moscoso if he knew whether Complainant
Cerda spoke English or Spanish and he replied, “I don’t. I don’t know if he ever
spoke any English. He never spoke any English to me and the officer that
arrested him spoke Spanish, so if he is more comfortable speaking Spanish then
he may have only spoke Spanish.” Officer Moscoso confirmed he did not speak
Spanish.
Investigator Tatreau asked Officer Moscoso if he knew who handcuffed
Complainant Cerda and he replied, “I did.” Officer Moscoso was asked if he was
present when he spoke with other officers and he said, “I don’t recall. He was in
the backseat of the officer patrol car and I remember the officer standing in the
door jamb, but I don’t recall being there during the questioning.” Officer Moscoso
confirmed he didn’t hear anything about an injury.
Sergeant Mendoza asked Officer Moscoso if he conducted a visual scan and/or
search of Complainant Cerda once he was handcuffed and he stated, “I patted
him down, so it included visual and palpating his body for weapons and things
like that.” Sergeant Mendoza asked Officer Moscoso if Complainant Cerda was
spitting any blood and he stated, “No.” Officer Moscoso was asked if he detected
INTERVIEW OF EDMUND MOSCOSO – I.A. CASE# CIT2016-0037
October 7, 2016
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anything that would have caused any type of alarm or suggest he had an injury
and he stated, “No.”
Attorney Trott asked Officer Moscoso if he recalled what the surface was where
Complainant Cerda was arrested and he stated, “Concrete, sidewalk.” Officer
Moscoso was asked if there were people around and he replied, “The victim of
the domestic violence. She was there. It was dark.”
Attorney Trott commented that in the future officers taking photographs of such
injuries should photograph the inner lip and also the hands of the
suspects/victims for injuries present. He also commented that there was no real
motivation for the victim to cooperate because if she was asked if the police
caused the injury and she says no then the blame shifts to her, so there’s no
motivation for her to cooperate or be truthful.
Officer Moscoso asked what time frame the photos had taken. Sergeant
Mendoza advised it was after the sergeant was notified of the complainant at
1854 hours. Sergeant Mendoza indicated the incident was closed at 2118 hours.
Officer Moscoso commented that from the time of the incident to the time of the
photographs swelling would have been visible.
Officer Moscoso has been a Long Beach Police Officer for approximately 13
years and during his career has worked patrol and as a motor officer.
The interview was concluded at approximately 1505 hours.
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