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Charges Against 5 Sheriff’s Deputies Dropped : Courts: Prosecutors, who missed a deadline, have six months to re-indict those accused of skimming cash, beating suspects and planting evidence.

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From a Times Staff Writer

Because prosecutors failed to bring the case to trial within the 180-day limit, a federal judge dismissed criminal charges Friday against five sheriff’s narcotics officers accused of skimming drug cash, beating suspects and planting phony evidence.

However, U.S. District Judge Robert M. Takasugi agreed to give federal prosecutors six months to seek re-indictments of Robert S. Tolmaire, John L. Edner, Stephen W. Polak, J.C. Miller and Roger R. Garcia on charges ranging from theft to civil rights violations.

Assistant U.S. Atty. Michael Emmick, chief of the Public Corruption and Government Fraud Section, said his office will review the judge’s ruling before deciding how to proceed.

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“Our plans are to reopen the investigation and to consider re-indictment,” Emmick said.

Acting on a motion made by attorneys for the defendants, Takasugi found that the prosecutors had failed to obtain a formal order allowing the trial to proceed past the 180-day limit. Under the law, the attorneys had until April to take the case to trial.

In 1992, a federal jury acquitted the Los Angeles County Sheriff’s Department officers on 14 of the criminal counts but deadlocked on 13 counts after a long trial. It was the remaining counts that were thrown out Friday.

“We are pleased,” said Roger L. Cossack, attorney for Tolmaire.

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