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Two Ex-Deputies Get 60-Day Terms for Jail Beating : Crime: They and a former policeman get 60 days and three years’ probation for attack in Maywood.

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TIMES STAFF WRITER

Two former Orange County sheriff’s deputies and an ex-Maywood police officer were sentenced Tuesday to 60 days in jail and three years’ probation for beating up a Maywood jail inmate while they were off-duty and drunk from celebrating at a bachelor party.

“You have done yourselves a great disservice . . . but this does not mean you cannot go on to lead productive lives,” Los Angeles Superior Court Judge Judith L. Champagne told Michael Elliott, John Rice and Ivan Budiselich as she handed down their sentences. “Good luck to you.”

Elliott, 31, who worked for Maywood, and Rice and Budiselich, both 26-year-old former sheriff’s deputies, were convicted by Champagne earlier this month on a felony charge of assault under color of authority and a misdemeanor count of battery. They had faced a maximum penalty of three years in prison on the assault charge and a year in jail for the misdemeanor.

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All three were accused of beating Marino D. Martillo, 30, of Huntington Park on March 23, 1990, while he was being held in the Maywood jail on traffic warrants and a bad check charge. The evidence showed that the defendants had gone to the police station in a chauffeur-driven limousine to visit friends after celebrating the upcoming wedding of Daniel Vasquez, another Maywood officer.

In a complicated decision, Champagne sentenced the three men to 120 days in jail, half of which was suspended on the condition that they pay fines of up to $350 each, successfully complete probation and perform 250 to 275 hours of community service.

Once those terms are met, the judge said, the defendants can ask the court to reduce their felonies to misdemeanors. In addition, upon completion of community service, the defendants will be placed on unsupervised probation, which does not require them to report to a probation officer.

Immediately after Tuesday’s hearing, Martillo, who has been on state disability and unemployed since the incident, denounced the punishment as extremely light.

“I am very unhappy with it,” Martillo said. “The judge mentioned that they had lost their jobs over this. Hey, what about me? I lost my job, my home, my cars. I am the victim here. They brutalized me. I think they should have gotten the maximum.”

According to trial testimony, Martillo has suffered bouts of blurred vision, hearing loss and dizziness from blows to the head and neck. As a result, he said, he has not been able to resume his job as an auto-parts clerk or adequately support his wife and children.

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Just before the sentencing, Martillo made a brief statement to the court, saying that the experience “changed his life completely” and caused him to lose faith in the justice system.

Also dissatisfied with the sentence was the prosecutor, Deputy Dist. Atty. Jeffrey D. Oscodar, who contended that the officers attacked Martillo by mistake to get back at another inmate who apparently had resisted arrest earlier that day.

“I would have asked for five years of probation and a longer period of jail time in the range of three to six months,” Oscodar said. “In my mind, it is too light, because to find them guilty you had to conclude that they were lying when they testified. That, coupled with the incident itself, warrants more than 60 days in jail.”

Despite evidence indicating that the three men had hit and kicked Martillo in his cell, Elliott, Rice and Budiselich denied the attack and testified that they had entered the Maywood jail only to make a security check after Elliott heard a cry for help.

Paul J. Geragos, Elliott’s attorney, said Tuesday that he was satisfied with the sentencing in light of the highly publicized case involving Rodney G. King, whose videotaped beating at the hands of Los Angeles police officers has embroiled Chief Daryl F. Gates in widespread calls for his dismissal.

“It was in line with what we expected,” Geragos said. “Given the current climate of public knowledge of the King case and related (news) stories, this sentence, I felt, was appropriate and was not the product of any undue reaction.”

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Geragos and Paul DiPasquale, the attorney for Rice and Budiselich, told the judge in a written sentencing memorandum that the defendants did not deserve prison time because the victim was not permanently injured and that their clients had fine careers in law enforcement that were destroyed by the incident. Elliott, Rice and Budiselich were fired from their departments after internal affairs investigations of the Martillo incident.

Times staff writer Louis Sahagun contributed to this article.

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