Witness in Dowey Trial Gives Secret Testimony

A federal judge Friday barred the public from hearing the testimony of an alleged witness to an attack on Nicholas Dowey, who died hours after the attack and a later struggle with sheriff’s deputies outside a 1997 Meiners Oaks party.

The testimony was presented as part of the defense case in a civil trial, underway in federal court in Los Angeles, that pits Dowey’s parents against five Ventura County sheriff’s deputies.

James and Ann Dowey contend that two of the deputies instigated a violent struggle with their son and others failed to get him badly needed medical attention.

Defense attorneys counter that the 21-year-old Dowey was so badly injured in the attack that he was disoriented and vigorously fought the very deputies who tried to help him.

The witness who testified in secret Friday contacted authorities in April, 20 months after the party. According to authorities, the witness saw the initial attack on Dowey, watching as he was struck on the left side of his head with an aluminum baseball bat.

Unlike others who allegedly witnessed that attack, this person can identify at least one of the assailants, Ventura County Sheriff’s Sgt. Ralph Zermeno said in a written declaration to the court.

Revealing that information, however, has put the witness’ life in danger, Zermeno said.

“The people responsible for the murder of Nicholas Dowey have ties to two criminal street gangs,” Zermeno wrote in his declaration. “. . . These two street gangs are involved in witness intimidation, and many witnesses have expressed deep fear for their safety in reference to this homicide.”

As a precaution, defense attorney Alan Wisotsky asked Judge Mariana Pfaelzer to clear the courtroom while the witness testified.

Attorneys for the Los Angeles Times and the Ventura County Star fought Wisotsky’s request, asking that the court use a pseudonym to conceal the witness’ identity.

But Pfaelzer sided with the defense request and cleared observers, including Nicholas Dowey’s brother, from the courtroom for the 20-minute appearance.

Also taking the stand for the defense Friday was Dr. Richard Mason, a Santa Cruz forensic pathologist.

According to Mason, the two most severe lacerations on Dowey’s skull appeared to have been caused by a steering-wheel locking device found at the scene and by a baseball bat.

He disputed earlier testimony from party-goers who said they saw a deputy strike Dowey in the head as many as three times with a Mag flashlight.

“There’s no evidence of him being struck by a flashlight,” Mason said. “There were only two major wounds, none of which fit an 8-inch-diameter flashlight. They just don’t fit.”

Former Deputy Donald Rodarte, who was fired from the force after superiors said he lied in his account of his struggle with Dowey, was recalled by Wisotsky to testify. Rodarte and partner Darin Yanover, who remains a deputy, wrestled with Dowey that evening after he tried to run from authorities.

Rodarte placed his arms around defense attorney Jeff Held to demonstrate how he held Dowey during the struggle.

Earlier plaintiff’s witnesses testified that Rodarte used a choke hold on Dowey, some alleging that the officer squeezed the man’s neck so tight that he turned blue and lost consciousness.

Rodarte, however, clutched Held’s shoulder and chest area.

Rodarte testified Friday that the struggle became more intense after he felt a tug on his gun belt.

“I immediately put my hand on my gun to make sure it wasn’t being removed,” Rodarte said.

Another deputy then arrived and helped the struggling Rodarte subdue Dowey.

It was later that evening when Rodarte said he first learned of allegations of police abuse, including that he used his flashlight to strike the badly injured and combative Dowey.

Rodarte booked the flashlight into evidence early the next morning, where it has remained until the trial, he said.

Before leaving the stand, Wisotsky asked Rodarte to show jurors the flashlight’s battery, which was white and about five inches long. The battery contradicts earlier testimony from a plaintiff’s witness who described seeing a flashlight hit Dowey with such force that C or D type batteries flew out and onto the street.

Closing arguments in the trial are expected Monday.