O.C. Prosecutors Drop Gun Charges Against Man

Orange County prosecutors dropped an illegal gun possession case Monday after a police videotape revealed “significant inconsistencies” in a Newport Beach officer’s prior testimony.

The case against Paul Handford, 31, of San Bernardino County was dismissed a day before his second trial was set to begin. His first trial had ended in a hung jury.

His defense attorney, Joe Perez, immediately sought a contempt-of-court ruling against the police officer, Kristen O’Donnell, alleging that she submitted false testimony. A hearing is scheduled for today.

O’Donnell arrested Handford in late 1997 after finding a loaded semiautomatic handgun in the trunk of his car, which was parked near the beach. Handford approached him while he was sitting on a bench at the beach, which was closed at the time. Handford consented to the search of his car.

The case against him hinged on several statements he made to O’Donnell, authorities said. During the first trial, O’Donnell testified that the evidence was obtained before Handford was placed in custody.

But in a videotape of the incident, O’Donnell is seen grilling Handford in the back seat of her patrol car after he became a suspect, Perez said. Statements made by defendants who are not notified of their Miranda rights are not admissible in court, and O’Donnell, Perez said, never read Handford his rights.

“He was in custody, so he has to be read his rights,” the defense attorney said. “She didn’t do it.”

A passenger in the car, Perez said, pleaded guilty to the charges in 1998 after admitting the gun was his.

All Newport Beach police cars are equipped with mobile video cameras, and police stops are regularly videotaped. Neither prosecutors nor Perez, however, could explain why the videotape was not available during the first trial.

Perez said he obtained a copy last month. After reviewing it with prosecutors, he said they decided to drop the case. Prosecutors said the videotape conflicted with testimony O’Donnell gave during Handford’s first trial.

“There were severe inconsistencies that go directly to the heart of our case,” Senior Assistant Dist. Atty. Chuck Middleton said.

Perez believes O’Donnell falsely testified to salvage the case against Handford, a former felon who is prohibited from possessing firearms.

Prosecutors said O’Donnell had been on the job for only two months at the time of the incident, and her lack of experience could have been a factor.

But Perez contends that she should be held fully responsible. He said he will ask the U.S. attorney’s office to investigate the case to see if the officer violated his client’s federal civil rights.

Handford was relieved that the charges were dropped.

“I’m just glad it’s over with,” he said.