D.A. Drops Misdemeanor Charges in Brutality Case

In the second day of their trial, the district attorney dropped misdemeanor charges against one current and one former Pasadena police officer involved in a violent 1986 confrontation with residents of the Community Arms apartment complex.

The melee led to an uproar over alleged brutality by police, touched off a number of investigations into police conduct and culminated in the city paying $1.3 million to four residents to settle a civil rights suit.

The charges had been filed against the police officer, Christopher Vicino, 27, and former officer James Ballestero, 32. Larry E. Mason, deputy district attorney, said Wednesday that he decided to drop the charges Tuesday after obtaining information that eroded the credibility of Steve E. Rivers, the alleged victim and the prosecution’s main witness.

Mason said that testimony and new evidence obtained by defense attorneys Michael D. Nasatir and Richard G. Hirsch about Rivers’ background and previous incidents with police made the prosecution’s case impossible to win. The defense was prepared to introduce evidence that would have undercut Rivers’ earlier testimony that he was beaten unnecessarily and did not resist arrest, Mason said.

The prosecution only recently learned that Rivers has a history of running from police and resisting arrest, Mason said. Rivers, who is in jail awaiting trial on a charge of selling cocaine to a police officer, went to prison in 1986 for possession of narcotics, Mason said.

On the first day of trial Monday, Rivers failed to identify Ballestero in court as one of the officers involved in the incident and said that he had been drinking heavily the night of his arrest. He testified that he had previously run from Ballestero to avoid questioning and had run from police on other occasions because of his history of PCP dealing.

“The prosecution’s case either succeeded or failed on (Rivers’) testimony,” said Nasatir, who represented Vicino.

Michael Zinzun, chairman of the Los Angeles-based Coalition Against Police Abuse, castigated the district attorney’s decision.

“I’m outraged and I think it’s an insult to the community of Pasadena,” said Zinzun, who was injured in the fracas, which began after Rivers was stopped by police investigating a domestic disturbance.

“Because of the sweetheart relationship that has prevailed over the years with the Police Department and the district attorney, we have seen a flagrant miscarriage of justice.”

Zinzun disputed the contention that Rivers was central to the case, saying that scores of other residents were involved, and that Mason could have relied on their testimony.

Zinzun said he will pressure the department to not reinstate Vicino to patrol duty and will ask federal authorities to review the case.

Speaking for the department, police Lt. Greg H. Henderson said the status of Vicino, who was transferred from patrol duty to the Neighborhood Crime Task Force, will not be affected by the outcome of the case.

“We are pleased to see that justice has run its course,” he said. “The decisions (to drop the charges) were made outside the Police Department. . . . There is no sweetheart deal.”

The June 22, 1986 incident began after police were summoned to the apartment complex because of a reported domestic disturbance. While Rivers was being questioned, police discovered there was an outstanding warrant for his arrest because of a possible parole violation. During a struggle with police, Rivers was struck repeatedly with a night stick and sprayed with Mace.

Zinzun and Frank Taylor were injured after they challenged police officers over their treatment of Rivers. Zinzun was blinded permanently in one eye and Taylor claimed he was choked until he lost consciousness.

Because of their involvement in the incident, Vicino and Ballestero faced a maximum penalty of one year in jail and a $10,000 fine. No charges were filed against a handful of other officers involved in the incident.

The city filed charges, ranging from inciting a riot to resisting arrest, against Zinzun, Rivers and Taylor. They were later dismissed.

The city of Pasadena paid Zinzun, Rivers, Taylor and Rudolph Hayes, another man hurt in the incident, $1.3 million in 1988 to settle their federal civil rights lawsuit against the city. The suit claimed police used excessive force.

The incident in the low-income, high-crime apartment complex led to investigations by the district attorney, the U.S. Justice Department and an independent counsel hired by the city. The independent counsel’s report was never made public.

Ballestero has left the department. Neither he nor Vicino were immediately available for comment. Hirsch, who was representing Ballestero, said his client is “going to try and put this behind him and get his life back together.”