Jury Frees Woman Who Fled CHP

A 24-year-old woman was acquitted of resisting arrest Thursday by a Van Nuys jury that believed she fled from a California Highway Patrol officer out of fear that he was an impostor.

Julia Elise Agnew of Playa del Rey had testified that she sped away from the officer Feb. 9 because she recalled two highly publicized cases of California Highway Patrol officers accused of murdering women.

“We were convinced she was convinced the officer was not a police officer,” jury foreman Chuck Hampton of Sylmar said after the verdict. Jurors also acquitted Agnew of evading a police officer and speeding.

During the trial, held in Los Angeles Municipal Court in Van Nuys, prosecutor Jessica Perrin Silvers told jurors that acquitting Agnew would send a signal “that any person can go out on any highway, and, as long as they are honest in their beliefs, they can do anything they want to the officer.” That could include even shooting the officer, she said.

After the verdict, Silvers retreated from that position. “One jury’s verdict is based on one set of facts,” she said.

According to testimony, Agnew, who works for radio sports personality Chick Hearn, was stopped about 1 p.m. at the Nordhoff exit of the San Diego Freeway by CHP Officer Frank Klotz, who estimated her speed at 75 m.p.h. Klotz was in uniform, wore a badge and had used the flashing lights on his marked patrol car.

When Klotz approached Agnew’s car, he asked her to roll down her window and produce her license. Silvers asked Klotz for more identification. She testified that he told her, “I don’t have to.”

Klotz denied making the statement. He said he moved into a better position to show her his badge. Klotz then returned to his patrol car to radio for assistance so he could assure her he was an officer.

Instead of waiting, Agnew pulled her car onto the freeway and sped off, screaming out of the window and waving her arms to attract the attention of other drivers.

Klotz pursued her until she pulled over near an occupied car on the side of the road, according to testimony. She ran to the other car screaming that Klotz was not a police officer.

Klotz and Agnew then scuffled before an off-duty sheriff’s deputy stopped and helped handcuff Agnew.

Agnew testified that she was was choked and punched. Klotz denied it.

Wednesday, jury foreman Hampton said jurors believed excessive force was used to subdue Agnew. Hampton said jurors questioned the credibility of Klotz because he had failed to show Agnew additional identification, and he denied testimony of witnesses who said he had used profanity.

After the verdict, Agnew said she was terrified at the time of the incident. She said that, if Klotz had simply produced photo identification, she would have believed him.

Silvers said Klotz didn’t show his photo identification because it didn’t occur to him that his badge was not sufficient.

Agnew’s attorney, Hugh R. Manes, said during the trial that an honest and reasonable mistake on Agnew’s part was suitable grounds for acquittal and that she had a right to act in self-defense. “She was worried she was going to be attacked, raped and killed,” Manes said.

Even Silvers acknowledged that Agnew’s hysteria was genuine.

The two incidents involving CHP officers in crimes against women were the 1982 case of former CHP officer Michael Gwaltney, convicted of raping and murdering a 23-year-old woman, and that of CHP officer Craig Alan Peyer, accused of strangling a 20-year-old El Cajon woman in December.

CHP officials said Wednesday they doubt that the verdict will cause a rash of similar defenses.

“The case will have no effect,” said Kenn Rosenberg, CHP spokesman in Woodland Hills. “I don’t think one case will make other people think they can” use that defense, Rosenberg said. “They may try it, but it won’t work.”

Reginald Dunn, chief city attorney for criminal operations, said his office won’t back away from prosecuting cases like the Agnew case. “I don’t think there are a lot of people out there like this lady,” he said.

CHP spokeswoman Jill Angel said the patrol is sensitive to fears that an officer might be an impostor and offered several tips to women, including driving to a lighted and populated area before stopping and asking the officer to call for assistance.

Angel also said that “nothing says you have to roll your window down all the way,” and that every officer is required to carry photo identification.