Oxnard Officer Pleads Not Guilty to Beating Suspect, Falsifying Report

An Oxnard police officer accused of beating a burglary suspect with a flashlight and lying about it in a written report pleaded not guilty Tuesday in federal court to two counts of civil rights violations.

With a prominent Los Angeles defense attorney at his side, Officer Robert Flinn denied beating Juan Lopez after a foot chase through an Oxnard neighborhood in January 1996.

Flinn, 30, is scheduled to stand trial July 21. He faces a maximum sentence of 20 years in prison and a $250,000 fine if convicted.

A Ventura County jury last year acquitted Flinn on two charges of police brutality and deadlocked on two other counts. Last week, however, a federal grand jury indicted Flinn on charges of beating Lopez and lying to cover it up--the first federal civil rights prosecution of a Ventura County police officer.

After the arraignment, Barry Levin, Flinn’s new defense attorney, criticized federal prosecutors for pursuing the case. Levin--a former Los Angeles police officer whose clients have included numerous veteran officers as well as Erik Menendez--said Flinn did not use excessive force.

“Police work is dirty work,” Levin said. “You’re dealing with the scum of society, desperate people who would take your life before going to prison.

“The U.S. attorney’s office did not take a close look at this case, and does not know the nature of police work.”

Outside the courtroom waiting for the hearing, Flinn paced the hallway while his wife, Monika, held their baby daughter. He declined comment, other than to say he remains on active duty with the Oxnard Police Department.

During the arraignment, Lopez’s mother and older sister sat a few feet from Flinn, occasionally glancing at the officer.

Lopez, 31, an unemployed heroin addict with a history of drug convictions, was not present. He says he suffers from chronic headaches and numerous scars from Flinn clubbing him in the head several times.

“I wanted to come here to support my brother,” said the sister, who asked not to be named. “Just because [Flinn] has that badge, doesn’t mean he has the power to beat someone up.”

Prosecutors, meanwhile, declined to discuss specifics of the case.

“We have the trial date, we have the judge and Flinn will have his day in court,” Assistant U.S. Atty. Jonathan S. Shapiro said.

The beating allegedly occurred after Lopez took battery chargers from a neighbor’s garage and Flinn ran after him. After a chase through backyards and over fences in Oxnard’s La Colonia neighborhood, Flynn knocked Lopez unconscious with a flashlight, opening a wound that took eight stitches to close--even though Lopez surrendered without a fight, prosecutors in last year’s case alleged.

Levin, signaling that he will mount a defense similar to that used by Flinn’s lawyer last year, called Lopez untrustworthy.

“We will delve into his character, background and motives,” Levin said. “Anyone who embarks on a life of crime, wants law enforcement to turn the other cheek.”

Flinn, he added, used “reasonable force to apprehend a combative suspect. He used quite a bit of restraint.”

As for accusations that a code of silence within the department helped Flinn avoid jail, Levin said: “It’s a popular allegation made against police officers when prosecutors aren’t hearing what they want to hear.

“It’s just a shame when a good officer uses reasonable force, and then is accused by the . . . government he’s sworn to protect,” Levin said. “They seek to ruin his life.”

Levin has defended numerous officers accused of misconduct. In a 1994 case, he represented Ted Teyechea, one of two LAPD officers accused of firing on a California Highway Patrol officer in a drunken, off-duty rampage. The officers were found guilty of gross negligence in firing their guns, but were acquitted of the more serious charge of assault with a deadly weapon.

In Levin, Flinn has hired a fierce advocate for police rights, said defense attorney Harland Braun, who represented an LAPD officer in the Rodney King civil rights case.

“In general, he’s a very strong advocate,” Braun said. “You add that to the fact he’s a former policeman, and that’s a potent combination.

“He can articulate to a jury what unfolded from a police perspective,” Braun added. “And from an emotional point of view, he can empathize with a police officer. They don’t necessarily see the world how everyone else does.”

Flinn’s legal fees are being paid by the Peace Officers Research Assn. of California, Police Department officials said. William Hadden, who represented Flinn last year, would not discuss in detail why he left the case.

“It was a legal conflict that developed after the state case that made it untenable for me to keep the case,” he said. “I wanted to keep the case, and Flinn wanted me to. We worked well together.”

Last year, Flinn spent several months on administrative leave while the case was tried and the Police Department launched an internal investigation that eventually cleared him of wrongdoing.

With the federal case pending, Flinn has been assigned to desk duty in the detective division, but will not be asked to go on leave, Acting Police Chief John Crombach said.

“We’ll keep him on active duty, in the station,” Crombach said.