Defense Questions Credibility of Lead Detective in Rape Case

Defense attorneys are hoping to quash a confession, or even seek dismissal of charges in a multiple rape case in light of new information that calls into question the credibility of a lead detective in the case.

The public defender’s office is also seeking to find out in what other cases former Ventura Police Det. Gregory W. Irvine was involved.

On Thursday, The Times reported that Irvine, 47, was himself investigated for allegedly sexually molesting two teenage girls. Irvine’s attorney, James Farley, declared his client innocent and pointed out that no charges had been filed in the case.

It was Irvine who obtained a taped confession from suspected rapist Peter A. Stocks last summer. Stocks, 38, is accused of raping three elderly women in Ojai and Ventura last summer.

“Obviously when a police officer is being investigated, his credibility is in question,” Assistant Public Defender Duane A. Dammeyer said Thursday. “We are certainly looking into having the case dropped. There is no doubt in my mind about that.”

The defense is also looking to have Stocks’ confession--the crux of the prosecution’s case--ruled inadmissible as evidence.

Irvine, who joined the Police Department 10 years ago and worked in the major crimes unit, resigned in February.

Dammeyer said his office is looking into whether the issue of Irvine’s credibility could impact other cases. Prosecutors and Ventura police officers declined to comment on how many pending cases the former officer was slated to testify in.

“I’m sure [Irvine] was involved in a number of investigations, but I’m not sure they’d be impacted,” said Ventura Police Lt. Don Arth, who supervised Irvine.

In any of those cases, prosecutors are required--under laws of evidence--to disclose to defense attorneys that Irvine was under investigation.

Prosecutors did just that in the Stocks case. But until a judge’s order Wednesday, they did not reveal the nature of the probe.

Two hearings were held in Superior Court Judge Stephen Z. Perren’s courtroom Thursday to address how confidential documents were obtained by The Times.

At the first hearing, which lasted less than five minutes, Perren told prosecution and defense lawyers that he had not commented to the press. Later in the day, prosecutor Patricia Kelliher requested another hearing in closed session that lasted more than an hour and also addressed the press leak.

Dammeyer said that, to his knowledge, the public defender’s office had had nothing to do with the leak.

Times correspondent Paul Elias contributed to this report.