Drug Officers’ Corruption Case Ruled a Mistrial

The federal civil rights trial of six Los Angeles County narcotics officers ended Thursday as the jury added one more acquittal to a string of not guilty verdicts but deadlocked on the remaining corruption charges.

In a split decision that left defendants elated, the jurors acquitted the officers of 14 criminal counts. However, they told U.S. District Judge Robert M. Takasugi that they could not reach a verdict on 13 others, forcing the judge to declare a mistrial in the six-month-old trial.

Afterward, jurors said many of them believed that the defendants were guilty but that the government had failed to prove the case against the five sheriff’s deputies and a Los Angeles police detective who were charged with skimming drug money, beating drug dealers and planting cocaine on suspects.

Several jurors said the evidence was weak and they doubted the credibility of the government’s chief witnesses--former Sheriff’s Sgt. Robert R. Sobel, who said he stole drug money with his former subordinates, and several drug dealers, who claimed that they were beaten by the officers.

“I think the main problem was the lack of corroboration for Sobel’s testimony,” said jury foreman Tim Donahue, a chef from Palm Desert. “Simple, most of us didn’t believe him. . . . Also, the quality of the evidence was a problem. It wasn’t good enough to convict.”

“The consensus in the jury room was that they were basically guilty,” said juror Tom Van Aken, a San Bernardino County employee who lives in Apple Valley. “But there was just such weak evidence, we couldn’t reach a guilty verdict.”

Prosecutors said they have not decided whether to retry the officers on the unresolved counts.

The jury had deliberated for 16 days before the panel stunned defendants and prosecutors on Wednesday by announcing the first acquittals.

The jurors resumed deliberating in an attempt to break the deadlock on the remaining counts. But after several hours, they sent the judge a note saying: “We can do no more.” They asked permission to end the deliberations, which jurors later said were exhausting and sometimes testy.

“I’m glad this son-of-a-bitch trial is over,” said juror Earl Quinn of Long Beach. “I’m going to get drunk tonight.”

After the final verdict was announced--an acquittal of Deputy J. C. Miller on a beating count--the defendants smiled and congratulated their attorneys for the second successive day.

Deputy Roger R. Garcia, who has refused comment since the trial began last September, voiced thanks. “I promised myself that when this was all over I would only say one thing: ‘I am going to church after this. And I am.”

Another defendant, Sheriff’s Sgt. Robert S. Tolmaire, who also has not spoken about his case, clutched a binder full of departmental commendations and citations. He brought the papers to court in case he was convicted and needed to show probation officials his background.

“Obviously, I’m happy,” he said, but added: “We’ll just have to wait and see what happens.”

Like Tolmaire and Garcia, the other defendants--Deputies John L. Edner, Edward D. Jamison, Miller and LAPD Detective Stephen W. Polak--tempered their celebration because of the possibility that federal prosecutors could refile charges.

“I’m pleased with the outcome at this point,” said Edner as he left the courtroom with his wife, Kim.

Asked if his ordeal was over, he said: “I wouldn’t want to speculate on it.” His wife quickly added: “I hope so.”

Government attorneys declined to speculate about reasons for the legal setback. But they stressed that the acquittals will not impede an investigation into alleged money-skimming by narcotics officers.

“Our office has indicated that we are going to aggressively pursue police corruption,” said Assistant U.S. Atty. Thomas H. Bienert Jr. “That certainly has not changed.”

Prosecutors also noted that in addition to Sobel, they will have other former narcotics officers available to testify in corruption trials. At least two former officers, who have pleaded guilty, have agreed to assist the government in the inquiry.

During the 3 1/2-year-old investigation, prosecutors have obtained 11 convictions in other money-skimming cases, but they were surprised that the jurors failed to convict a defendant in this trial.

The defendants had worked together as members of a successful anti-drug team in the Lennox area before that team expanded into a joint task force of Los Angeles police officers and sheriff’s deputies targeting cocaine dealers in southwest Los Angeles.

The officers were indicted last year for allegedly beating drug dealers with flashlights and fists, stealing cocaine that was used to plant on suspects, and skimming cash and valuables from drug traffickers.

Despite the testimony of scores of government witnesses and other evidence, the jurors said they could not convict the six defendants.

Their votes disclosed that jurors were leaning toward conspiracy convictions against four officers--nine jurors voted Miller guilty, eight believed Polak guilty and seven voted guilty against Edner and Tolmaire. Unanimity, however, is required to return a guilty verdict.

On the conspiracy count, the jury split evenly over Garcia. Four jurors cast guilty verdicts against Jamison.

Jurors came close to finding only one defendant guilty. They voted 11 to 1 to convict Polak of two misdemeanor civil rights counts for allegedly hitting two drug dealers with a flashlight.

Quinn, a locksmith from Long Beach, told The Times that he was the lone holdout favoring acquittal in the Polak counts. He said the government evidence was weak and he felt that prosecution witnesses were either lying or embellishing the truth.

“I was ‘not guilty’ down the line on all the counts,” Quinn said.

Laura Castro, a juror from San Bernardino, said deliberations were tense at times but added that she was also troubled by the testimony of the drug dealers and Sobel, whom she thought was responsible for any thefts.

“To have him look you in the eye and say he’s lied hundreds of times before and then hear him say he’s telling the truth, well . . . I didn’t believe him,” she said of Sobel.

Bob Lane, a juror from Ontario, said he was convinced that the defendants were justified in using force against drug dealers who often were armed and dangerous. “These deputies aren’t playing games,” he said. “They had a job to do. This was real life.”

After accepting the verdicts, Takasugi set a hearing for March 23 to determine whether the government will refile the counts that led to the hung jury.

Defense attorneys said they believe that the outcome will be the same if there is another trial. “These guys are innocent,” said attorney Roger Cossack, who represents Tolmaire. “These jurors didn’t convict a single person of anything.”

Attorney David Wiechert, who represents Polak, said he hoped that the government will not file new charges. “There is no consensus at all with the conspiracy (count),” he said. “I don’t think it will be that different with another jury.”