Court Orders Release of Man Based on Corruption Inquiry

A Los Angeles Superior Court commissioner ordered the release Wednesday of a third man who authorities now believe was falsely convicted and imprisoned based on testimony by officers from the LAPD’s Rampart Division.

Ruben Rojas, 30, had served more than two years of a six-year sentence on a drug conviction that was based on evidence and testimony provided by two officers who are at the center of a growing corruption scandal at the LAPD. Authorities now suspect that the evidence was planted and the testimony was false.

Commissioner Michael Price granted a defense petition to set Rojas free after prosecutors agreed that he was the apparent victim of a police frame-up and should be released in the interest of justice.

The commissioner’s decision was relayed to the Chuckawalla Correctional Facility in Blythe, where Rojas is in custody. Rojas’ civil lawyer, Dennis W. Chang, said his client was moved to a medical facility at the prison and was being processed for release. At the same time, however, officials were trying to determine whether immigration issues or outstanding federal warrants might prevent Rojas from being set free.

Chang and attorney Gregory Yates already are planning a civil lawsuit against the city on Rojas’ behalf.

Hours after the motion to drop the conviction was granted, the lawyers played a tape-recorded statement in which Rojas thanked his family, his public defender and even the Los Angeles Police Department, whose special task force developed the information that led to dismissal of his conviction.

“I’m hoping to see my family shortly,” Rojas said on the tape.

His expected release is the latest but not likely the last in connection with the LAPD’s continuing investigation of misconduct allegations. Officials in the Los Angeles County district attorney’s office said there are about 40 cases relating to the corruption probe that are under intense scrutiny. At least five convictions--three on drug charges and two involving weapons--may be overturned in coming weeks, sources said.

The court actions stem largely from information provided by former Officer Rafael Perez, who is cooperating with authorities to reduce his sentence for cocaine theft. Despite the deal, Perez says through his attorney that he is motivated by a desire to clear his conscience.

Perez has implicated himself and former partner Nino Durden in all of the cases that so far have resulted in convictions being overturned. Sources, however, say some of the cases under review call into question the conduct of other Rampart officers with whom Perez worked.

In Rojas’ case, Perez and Durden claimed they were on an undercover drug operation when they saw the suspect sell crack cocaine to two men.

At Rojas’ preliminary hearing in 1997, Durden testified that he found a stash of crack cocaine near a telephone pole where the defendant was allegedly selling the dope. Perez found powder cocaine in Rojas’ pants pockets, Durden testified. Perez now says that testimony was false.

Rojas told a strikingly different story about his arrest. He said Perez, Durden and two other officers came into his house looking for a gang member. After Rojas insisted he did not know the person’s whereabouts, Perez allegedly threatened to take him to jail. According to Rojas’ civil claim against the city, Rojas then asked why and Perez responded that he would “find something.”

At one point while en route to the LAPD jail, Rojas said, police stopped the car, took him out and removed his handcuffs.

“Officer Perez with his hand on his weapon ordered Rojas to ‘Run!’ ” the claim states. “Rojas did not run at Officer Perez’s command, as he feared he would be shot.”

Rojas alleged that he was again handcuffed and taken to jail, where he was booked on suspicion of drug violations.

Durden has been relieved of duty, as have a dozen other officers in connection with the inquiry. To date, the probe has uncovered evidence of alleged bad shootings, beatings, drug thefts, witness intimidation, the planting of false evidence, perjury and other misconduct.