4th Inmate Is Expected to Be Freed

A fourth incarcerated man is expected to be freed from prison today, as prosecutors seek to overturn criminal convictions in three cases tainted by alleged misconduct on the part of Los Angeles police officers assigned to the Rampart Division.

Samuel Joseph Bailey, 36, who is in jail for violating parole, is expected to be released from custody because prosecutors now believe that his 1996 firearm conviction was a set-up by officers involved in the expanding Rampart corruption scandal.

Bailey served 32 months in state prison after pleading guilty to being a felon in possession of a firearm. His alleged parole violation will be dismissed if the conviction is overturned.

Another conviction expected to be overturned today involves a controversial 1996 shooting in which officers killed one man and wounded two others.

Oscar Peralta, who was shot after he allegedly pulled a gun on police, is slated to have his assault conviction stricken. It’s an indication that authorities no longer have confidence in the accounts of officers who were involved in the shooting, which was characterized as “dirty” by former officer-turned-informer Rafael Perez.

The third case involves Roy Andres Montes, 21, who pleaded guilty in 1996 to possession with intent to sell crack cocaine and attempted robbery of a bicycle from an undercover police officer. Prosecutors will seek to overturn those convictions and will ask that Montes be resentenced on a separate conviction, which is not believed to have relied on tainted evidence.

Today’s expected court action will bring the number of overturned convictions involving Rampart officers to 10. Criminal charges in another case involving Rampart officers were dismissed. Authorities say there could be 40 or more convictions overturned by the time the probe concludes.

“Our highest priority continues to be freeing innocent people who have been wrongly incarcerated, and we also are working with LAPD Chief Bernard Parks to get police officers who have dishonored the badge out of the LAPD,” said Dist. Atty. Gil Garcetti in a prepared statement.

Perez, a former Rampart anti-gang officer, is cooperating with investigators as part of a deal in which he pleaded guilty to stealing some eight pounds of cocaine from department facilities. Perez insists through his lawyer that he is trying to clear his conscience.

To date, more than a dozen officers have been assigned to their homes in connection with the scandal, which includes allegations of at least two bad shootings, beatings, witness intimidation, evidence planting and perjury. Police officials say more officers are expected to be relieved of duty as the probe continues and that some may face criminal charges.

Prosecutors previously have acknowledged that the corruption probe has uncovered evidence that may exonerate Peralta, but they have refused to disclose the information, saying that could jeopardize the ongoing investigation.

The shooting, in which four Rampart officers fired a total of 10 shots, killing one man and wounding two others, is the subject of a grand jury probe.