Claim Filed in LAPD Case

Attorneys for the 2-year-old daughter of a man who was shot and then allegedly framed by two Los Angeles police officers said Wednesday they are filing a $20-million claim against the city.

The claim, filed on behalf of Destiny Ovando, is a precursor to a lawsuit and is the first such action against the city in connection with the ongoing LAPD corruption probe, authorities said.

Destiny’s father, Javier Francisco Ovando, was released from prison earlier this month after a former officer convicted of cocaine theft told investigators that he and his partner attacked an unarmed man and then set him up to make it appear as if he had assaulted them.

Ovando, 22, has yet to see his daughter, who was born while he was in prison serving a 23-year sentence. Destiny’s attorneys contend that their client has been deprived of her constitutional right to her father’s “love, comfort and support” and has suffered emotional distress as a consequence.

Moreover, her attorneys allege that police have kept Ovando from his family and told him the mother of his child was having a relationship with another man. The police, the attorneys charge, falsely told Ovando that Destiny’s mother didn’t want him to visit his daughter.

Police have repeatedly denied holding Ovando against his will or giving him any false information. Ovando, who is no longer in custody or under police protection, has hired an attorney.

Most legal experts agree that Ovando probably will receive a significant amount of money from the city because of his ordeal. But legal experts and attorneys question whether Destiny Ovando has solid legal grounds on which to sue the city.

“It’s taking the law one step beyond where it is right now,” said Larry R. Feldman, one of Los Angeles’ leading trial attorneys.

Gregory W. Smith, one of Destiny’s attorneys, said there is case law that supports a constitutional right to a “familial relationship.” He brushed aside reservations expressed by legal observers who questioned the merits of the child’s claim.

“They’re wrong. I don’t know why they’re saying that,” Smith said.

Smith cited a 1987 case as a precedent. In that instance, he said the children of a man killed by police in Fontana sued for loss of familial contact and won. The case, filed in federal court, was challenged and affirmed in the U.S. 9th Circuit Court of Appeal, the lawyer said.

“It’s right on point.” he said.

Smith said Ovando is not currently involved in a romantic relationship with Destiny’s mother, Monique Valenzuela. But he said the little girl has grown up with Valenzuela showing her pictures of Ovando and saying, “that’s your daddy.”

“We want her to be compensated for the relationship she never had,” said Smith. “Anybody who’s got children knows that the bonding between parent and child occurs in the first three years since birth.”

Smith said the claim was mailed Wednesday. After the city receives the claim, it has 45 days to pay it or reject it.

In addition to the city, the claim also names as defendants former Police Chief Willie L. Williams, current Chief Bernard C. Parks, former Rampart station captains Nick Salicos and Richard Meraz and former anti-gang officers Nino Durden and Rafael Perez--the two officers who shot Ovando.

Under a plea agreement, Perez is cooperating with police to shave time off his prison sentence for stealing cocaine from an LAPD evidence room. As part of that deal, Perez told authorities that he and Durden shot Ovando on Oct. 12, 1996 and that Durden then planted a gun on the man. Perez said he and his partner were on a stakeout when they encountered Ovando. Durden opened fire first and Perez followed. After realizing Ovando was unarmed they planted a gun on him, according to Perez.

Ovando has told police a different story. According to him, the two officers handcuffed him and then shot him at point-blank range.

Destiny and her mother never visited Ovando in prison, according to police. Smith said that was because Ovando was in custody in Northern California and the girl and her mother could not afford to travel that far.

Mike Qualls, a spokesman for the city attorney’s office, said he had not seen the claim and was unable to comment on it.

LAPD officials also declined comment.