Judge Orders Inquiry of Detective Revealed

A judge told prosecutors Tuesday they will have to provide details of a criminal probe of the lead investigator in a multiple rape case but said he would require attorneys for the accused to keep the information confidential.

“Doesn’t the defense have a right to this information?” Superior Court Judge Steven Z. Perren asked rhetorically.

Public defender Susan Olson, who is representing Peter A. Stocks against charges he raped three elderly women, asked the judge to delay his ruling a day so that she could argue against his gag order. Olson said she needs more time to research the legal issues surrounding the order, which would forbid her from disclosing the information even to her client. A ruling is expected today.

Prosecutors have said former Ventura Police Det. Gregory W. Irvine, who arrested and interviewed Stocks, was the target of a criminal investigation but have refused to release any details. Irvine’s attorney James Farley said Tuesday that no charges will be filed against his client.

“The investigation was completed weeks ago,” Farley said. “There will be no charges filed.”

Irvine resigned voluntarily Feb. 5 from the department where he had worked for 10 years, Assistant Police Chief Ken Thompson said. Irvine had been assigned to the department’s major crimes unit at the time of his resignation, Thompson said.

The details of the Irvine investigation might bolster Olson’s argument that Stocks’ videotaped confession--which Irvine administered--should be dismissed as evidence. Olson is arguing that her client was not properly read his Miranda rights when he was arrested in August. But prosecutors have argued that at least three other detectives were involved in apprehending Stocks and another officer was present during most of Stocks’ four-hour interview at the Ventura Police Department.

Perren said he agreed with the prosecution’s argument and said, “I firmly believe this information [about Irvine’s investigation] will never appear before a jury.” Nonetheless, he said the defense has a right to know the subject of the investigation and to argue for its inclusion at Stocks’ rape trial later this month.

Stocks is accused of raping three women in Ventura and Ojai last summer. Investigators said Stocks confessed to two of the rapes.