Mistrial Motion in Police Vandalism Case Rejected

Municipal Judge Larry Fidler denied a motion for a mistrial Wednesday in the Dalton Avenue police vandalism case after defendants argued that they could not get a fair trial because a police captain had taken the 5th Amendment and they could not cross-examine him.

But the judge said he will allow the three defendants to choose whether they want the jury to consider Los Angeles Police Det. Robert Clark’s three days of testimony about their own case. Defense attorney Barry Levin, who represents LAPD Officer Todd Parrick, said that decision could conceivably create some “interesting scenarios,” depending on which choice the defendants make. “We could have a situation in the jury room where the jury might say that Clark’s testimony intends to exonerate a certain officer, so we will acquit him. But since we can’t use Clark’s testimony for this other officer, we will have to convict him.”