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2 Officers to Be Tried in Kidnaping Case

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TIMES STAFF WRITER

Two San Diego police officers were ordered Thursday to stand trial on felony kidnaping and robbery charges after two illegal aliens testified that the officers stole their money, drove them to an isolated area away from downtown and abandoned them.

At the close of a two-day preliminary hearing, San Diego Municipal Judge Nicholas Kasimatis ruled that sufficient cause was shown for Officers Lloyd J. Hoff Jr. and Richard P. Schaaf to stand trial.

Hoff scheduled arraignment for March 2 in Superior Court, where, if convicted, they could be sentenced to life in prison.

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“Everything reflects these two officers worked together,” the judge said. “The elements of kidnaping and the elements of kidnaping for robbery were shown. There is sufficient cause to believe they are both guilty.”

The two illegal aliens, both of whom admitted on the stand that they use illegal drugs, testified that they were among three undocumented workers who were stopped by the officers in separate incidents last August.

Besides having their cash stolen and being taken against their will to the area near the railroad tracks, one of the immigrants said, Hoff struck him in the testicles several times with his police flashlight and pushed him into a pool of dirty water.

The most serious charge against the officers--which could bring the life sentences--is one count of felony kidnaping for the purpose of robbery, in which Arturo Romero Garcia testified that he was taken to the railroad area and robbed of $35.

A similar count was reduced to simple kidnaping after evidence indicated that Rolando Carrera Reyes was robbed first, then taken to the deserted area.

Testimony in the preliminary hearing alleged that Hoff stole the money from the illegal aliens, beat one of them and drove the patrol car to the isolated area.

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Schaaf’s primary role was described by the victims as going along with the events, except for one instance in which he allegedly tore up one of the victim’s identification papers.

Schaaf’s attorney, Everett Bobbitt, argued that Schaaf should not be bound over for trial.

“There has been absolutely no testimony to connect Officer Schaaf to a crime,” Bobbitt told the judge. “They all said he did nothing. Being present and doing nothing to stop a crime is not a crime. The best evidence is that he was only present.”

But, said Craig Rooten, a deputy district attorney who is prosecuting the case, “He was there. He assisted in transporting these people around. He even tore up some of their papers. He adopted all of Officer Hoff’s actions by not doing anything about it and taking these people off to dark areas where they were relieved of their money.”

Kasimatis agreed that “it’s clear Schaaf’s role was substantially less.” But the judge pointed to other evidence that showed Schaaf’s complicity.

Several other officers testified Thursday that they saw two of the illegal aliens in the back seat of Hoff’s and Schaaf’s patrol car. Fingerprints taken from the car matched those of the immigrants.

And, although officers are required to list in their daily logs every citizen contact they make while on duty, Hoff’s and Schaaf’s journal had no notation of stopping the illegal aliens.

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Defense attorneys attacked the credibility of the illegal aliens. They showed that the immigrants were known to police, often using aliases, and several times lied to police detectives investigating the kidnaping and robbery allegations.

Garcia is serving time in jail for auto burglary. He admitted from the stand that he has been a heavy heroin user and was once charged with, but not convicted of, murder.

Carrera Reyes admitted that he smokes marijuana. And, when he arrived in court to testify in the case, he was arrested on a six warrants, the most serious of which accused him of possession of marijuana for sale.

The third alleged victim, identified as Ramiro Rodriguez, has disappeared since he complained to police that he also was robbed and kidnaped by the two officers. Rooten said police believe that Rodriguez has relatives in Watsonville, Calif., but said that Rodriguez has not been located.

“We’d sure like to find him,” Rooten said.

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