Testimony in Officer’s Trial Concludes; Closing Arguments Expected Today

Testimony concluded Thursday in the Ventura County Superior Court trial of an Oxnard police officer accused of using excessive force on two fleeing suspects more than a year ago.

Attorneys are expected to make closing arguments this morning before giving the case to the jury for deliberations.

Officer Robert Flinn, 29, is charged with four counts of assault under color of authority for allegedly striking Juan Lopez with a flashlight Jan. 27, 1996, and kicking Victor Aguiar in the face Dec. 27, 1995.

On Thursday, Flinn’s defense team called its final witnesses, two top officials with the Oxnard Police Department.

Cmdr. John Crombach told the jury that Flinn, a five-year veteran of the force and a member of the department’s SWAT team, was an exceptional police officer who rated above average on the department’s evaluations.

“He did not have a reputation for excessive force,” Crombach testified. “He was a very solid police officer.”

On cross-examination, Deputy Dist. Atty. Michael K. Frawley peppered Crombach with questions aimed at getting the commander to alter his characterization of the officer.

Frawley asked whether Flinn had acted properly and according to department policy during the arrests of Aguiar and Lopez. And he asked Crombach if he knew whether Flinn had violated department orders by not immediately reporting the accusations of using excessive force.

“Do you have a different opinion now of his character and credibility?” Frawley asked.

“No, sir,” Crombach answered. “Not until this trial is over.”

At one point during Frawley’s confrontational questioning, Judge Steven Z. Perren interrupted the proceedings to read the jury specific instructions on character evidence, a murky and complex area of the law.

He warned the panel to carefully gauge the statements being made not for their truth but as they might or might not pertain to Flinn’s character.

After Crombach, Cmdr. Jeff Young was called to the witness stand for the second time during the two-week proceedings. He told the jury that Flinn would have been unable to immediately report Aguiar’s allegation of excessive force to a supervisor because he was busy dealing with the arrest.

More than a dozen officers and high-ranking officials with the Oxnard Police Department have testified during the trial. Many others, including retired personnel and supporters, have attended the intense and at times openly hostile proceedings.

Only one officer testified against Flinn--former Oxnard Police Officer David Hawtin, who told the jury that he saw Flinn strike Lopez on the head.

On Wednesday, Officer Victor Boswell told an opposite story. Also at the scene when Flinn caught Lopez fleeing authorities, Boswell said he never heard or saw Flinn hit Lopez.

But he acknowledged that he looked away momentarily after being startled by the sound of an approaching police car.

Flinn is on leave from the department and has pleaded not guilty. He faces anywhere from a fine to three years in prison if convicted.