Grand Jury to Probe Rampart Allegations

Two Los Angeles police officers linked to the ongoing Rampart station corruption probe have been subpoenaed to testify before a criminal grand jury scheduled to convene later this week, sources confirmed Monday.

The grand jury initially will focus on two officer-involved shootings that former officer Rafael Perez has told authorities were “dirty.” The two officers being summoned, sources say, are the first in “a wave of officers” expected to be ordered to appear.

The panel’s inquiry significantly elevates what until now has been an internal departmental investigation since Perez’s conviction on charges of stealing cocaine held as evidence by the LAPD.

As part of a deal to shave time off his prison sentence, Perez has implicated himself and a former partner in what he called an unjustified shooting of an unarmed man that left the man in a wheelchair and falsely imprisoned. The former officer also has characterized as unjustified another shooting in which a man was killed by officers.

In addition to the shootings, detectives are investigating alleged misconduct by Rampart officers ranging from drug dealing to planting evidence and false arrests.

Prosecutors are using the grand jury to solicit testimony from officers in an attempt to further corroborate Perez’s allegations. Sources said that authorities also are seeking Perez’s cooperation in the grand jury probe.

Deputy Dist. Atty. Richard Rosenthal declined to confirm or deny that a grand jury investigation is underway.

Sources, however, confirm that officers Mario Rios and Scott F. McNeil have been subpoenaed to appear. Both men were relieved of duty last month, shortly after Perez started talking to investigators. One source characterized the two officers as “peripheral” to the shootings.

Police reports show that Rios was present at the Oct. 12, 1996 shooting in which Perez now says he and his then-partner, Nino Durden, shot Javier Francisco Ovando, an unarmed gang member.

Perez has told investigators that he and Durden planted a gun on Ovando and falsely testified that he had attacked them. Ovando was released from prison last month based on Perez’s statements.

Rios is being called before the grand jury because investigators believe he may be able to verify elements of Perez’s testimony, said one source familiar with the investigation.

Police reports show McNeil was present at the second shooting that Perez has called unjustified.

In that case, not only was one man killed, but two others were injured in a bizarre shootout on Shatto Place on July 20, 1996. Details from Perez’s statements to investigators are not known. But in a jailhouse interview with The Times, Jose Perez, one of the men shot by police, said he was unarmed and was shot in the back.

Sources said McNeil, who did not fire his weapon, is being subpoenaed because he may be able substantiate allegations made by Perez. McNeil’s attorney could be not reached for comment. Rios’ attorney, Bill Hadden, declined to comment.

Rios and McNeil are the first of as many as a dozen officers who may be called before the grand jury as the corruption probe continues, sources said.

Sources also say that police already have obtained and executed a warrant to search the financial records of Perez’s former partner, Durden. Durden’s attorney, Darryl Mounger, has declined comment.

A dozen officers already have been suspended by the LAPD as a result of the investigation.

All of the officers are represented by attorneys. But under grand jury rules, the officers’ lawyers are not allowed to attend the closed-door hearings in which they testify. The officers, however, can take breaks to consult with their counsel.

Grand juries are panels that convene in secret to consider criminal allegations presented by prosecutors. At the end of an investigation, jurors may vote to indict a defendant, meaning they believe there is sufficient evidence for a criminal trial, or find that no such evidence exists.