New Trial Sought by 2 Police Officers

Two of the three Huntington Beach police officers who in January lost a $105,000 judgment in a civil suit alleging they assaulted two brothers are asking an Orange County Superior Court judge to grant them a new trial.

Attorneys for the officers say Judge Logan Moore acted inappropriately when he issued a directed verdict in the case, a rarely used procedure that in effect took away the jury’s power to decide the case.

Attorneys for both sides met Friday with Moore to discuss the officers’ argument that they deserve a new trial, but no decision was made. Also at issue was the propriety of the law firm Moore & Rutter continuing to represent the officers despite the officers’ claim that the firm may have botched their defense in the original case.

A jury awarded two brothers a total of $105,000 in January for a 1988 incident in which officers Steven E. Overcast, Thomas A. Tremblay and Raymond Villescas were accused of assaulting, cuffing and pointing pistols at the men, who were not charged with a crime. Overcast and Tremblay are asking for the retrial.

The first trial came to an abrupt halt when Moore issued a directed verdict. The judge said he made the decision because, according to testimony from both sides, there was clearly a “constitutional violation.”

Moore on Friday postponed the matter until the officers themselves come before the court to sort out the matter. He curtly told attorneys for the officers that they should review their roles in the case to ensure that no conflict of interest is present.

“Should this turn up inappropriate behavior, I should remind you that the court has an obligation to forward these transcripts on to the Bar Assn.,” Moore told attorneys Neal Moore, no relation to the judge, and Michael J. Emling, who represent the city of Huntington Beach and spoke on behalf of the officers Friday.

Overcast and Tremblay have filed statements saying they were unaware they were even being sued until just before the case came to trial. Overcast claimed he did not know he was a defendant until he arrived at the courtroom for the trial.

The two officers also said they were not consulted before the case began, nor did they consent to be represented by Emling, who argued their case. Overcast and Tremblay said those factors should earn them a new trial.

Jerry L. Steering, attorney for the two plaintiffs, Miguel and Roberto Garcia, said he was stunned when he read the motion for retrial. He categorized the effort as a desperation maneuver, and questioned how lawyers would be able to argue a case after their earlier performance was criticized by the clients.

“I don’t know how these attorneys can stand before the court and zealously advocate that position,” he told the judge. “Obviously, they can’t. It’s ridiculous.”