Judges Overturn 4 Convictions Linked to Rampart Probe

Los Angeles Superior Court judges on Tuesday overturned the criminal convictions of four men because authorities now believe they were set up by officers from the Los Angeles Police Department’s scandal-plagued Rampart Division.

One man was released from jail, another will be resentenced and a third still is in custody facing unrelated attempted murder charges. The fourth man served his sentence and was killed during a drive-by shooting earlier this year.

The court action was fueled by the admissions of former LAPD Officer Rafael Perez, who is cooperating with authorities in exchange for a lighter sentence on cocaine theft convictions.

So far, 11 convictions have been overturned and four men have been released from jail or prison as a result of the ongoing LAPD corruption investigation.

Authorities say 40 or more convictions ultimately may be overturned by the time the probe is complete.

Samuel Joseph Bailey, 36, was the latest man in custody to be set free. According to court papers, Bailey was jailed for a parole violation stemming from the tainted 1996 conviction for being a felon with a gun.

In a recent interview with investigators, Perez said he and former partner Nino Durden planted the gun on Bailey and fabricated evidence against Otto Castillo, who also was wrongly convicted and has since died.

In another significant reversal, a judge Tuesday overturned the 1996 assault conviction against Oscar Peralta, who was shot by police in a shooting that Perez now characterizes as dirty.

The fourth conviction overturned Tuesday was a case against Roy Andres Montes, 21, who prosecutors say was targeted by Perez and Durden because he was a gang member. According to court documents, Durden planted crack cocaine on Montes.

In the wake of the reversal, Montes will be resentenced on a separate charge that prosecutors say was not tainted by police misconduct.