Investigators Deny Coercing Officer to Disclose Evidence

Two police internal affairs investigators denied under oath Wednesday that they did anything to coerce an officer who faces criminal charges stemming from the so-called “39th and Dalton Incident” into disclosing where he had hidden a battering ram that is a key piece of evidence in the case.

The testimony of Capt. Carlo S. Cudio, commanding officer of the Los Angeles Police Department’s Internal Affairs Division, and Detective Connie Castruita contradicted, on almost every major point, Tuesday’s testimony by former Lt. Enrique Hernandez. Hernandez had contended that he and Cudio agreed to distort a police report in exchange for Officer Charles Wilson’s cooperation.

Asked by Deputy Dist. Atty. Christopher Darden if he had agreed with Hernandez to omit from the report the fact that Wilson initially lied about the ram’s whereabouts and had to be persuaded to tell the truth, Cudio replied:

“The report was going to reflect what happened. No. I did not agree to any omission.”

Wilson, along with Capt. Thomas D. Elfmont, Sgt. Charles (Ted) Spicer and Officer Todd Parrick, are charged with vandalism and conspiracy to commit vandalism as a result of an Aug. 1, 1988, police raid on four apartments in the 3900 block of Dalton Avenue. During the raid, the interiors of the residences and their contents were all but demolished.

Wilson also is charged with obstructing the police investigation of the raid by allegedly hiding the hand-held battering ram in a storm drain. Investigators contend that the device was used to cause much of the damage to the apartments.

Cudio and Castruita testified on the second day of a pretrial hearing before Los Angeles Municipal Judge Larry Paul Fidler that will determine if the metal battering ram--allegedly made by police officers and painted red--is admissible as evidence.

Prosecutors believe the ram is the strongest evidence linking police officers to the damage.

Wilson’s lawyer, Paul R. DePasquale, contends that a team of five internal affairs investigators who had gone to Wilson’s home with a warrant to search for the battering ram used illegal tactics to pressure Wilson into disclosing the ram’s whereabouts.

Hernandez testified Tuesday that, in addition to agreeing to the report omission, the investigators threatened to “tear apart” Wilson’s house, led him to believe he was being ordered to cooperate and violated an agreement not to follow Wilson and Hernandez to the ram’s hiding place.

The investigators were required, DePasquale also contends, to read Wilson his Miranda rights and failed to do so. The rights--informing an individual he has the right to remain silent or be represented by counsel--do not have to be read to suspects under certain circumstances, however.

Both Cudio and Castruita denied vehemently that there had been an agreement not to follow the two men or that they had ordered Wilson to aid them. When they were asked if they had threatened to wreck Wilson’s house, both Cudio and Castruita replied, “Absolutely not.”

The hearing continues today.