Officer’s Lawyer Says Case Is Prejudiced

Stating that a prosecutor had gone too far in his opening statements, the attorney for an Oxnard police officer accused of kicking an unarmed man in the face and beating another with a flashlight argued Friday that there may now be grounds for a mistrial.

The Superior Court trial of Robert Flinn, 29, has been postponed while the attorneys wrangle over at least a dozen objections by defense attorney William Hadden.

A hearing is scheduled for all day Tuesday, and the jury is expected to return Wednesday.

Hadden said that Deputy Dist. Atty. Michael Frawley mischaracterized policy and practice at the Oxnard Police Department, and went too far when he said that officers there were trying to protect his client through a “code of silence” about the incident.

During his opening statements Thursday, Frawley described Flinn as a “bully with a badge” who showed signs of guilt by failing to get superiors’ approval for releasing one of the men he is accused of beating.

But defense attorney Hadden said it was common practice for Oxnard officers to release suspects from custody without getting a signature from their commanders.

Hadden said Frawley has no evidence to back up the claims he made before the jury during his opening statements and had therefore prejudiced the case. “I’m afraid you cannot un-ring a bell,” Hadden maintained.

Judge Steven Perren said that for the information to be admissible Frawley had to show that it not only was a policy of the department but a common practice of its officers to get approval from supervisors before releasing a subject.

In addition, Perren said, Frawley must show that Flinn deviated from his own practice by not getting a supervisor’s signature.

Frawley said he is facing a lack of cooperation from the Oxnard department, making it difficult for him to make his case.

During the hearing on Friday, Frawley tried unsuccessfully to get testimony from internal affairs investigator Sgt. Rafael Nieves about department policy on releasing prisoners. But Nieves refused to answer many of the questions, stating that because the information had to do with a personnel matter and was part of an ongoing investigation, it was also privileged.

Perren said he would deal with that matter Tuesday during a discussion with the attorneys, Nieves and Oxnard city lawyers in his chambers.