Prosecutors Seek Conviction Reversal After Officer Charged

County prosecutors asked a judge Friday to throw out a conviction against a man arrested by a sheriff’s deputy who is now accused of filing false reports and falsifying records in the case and two others.

In a petition released Friday, prosecutors said they “no longer have confidence in the evidence supporting this conviction and [have] concluded that the judgment of conviction should be overturned.”

Christopher Rebolledo was sentenced to two years’ probation after pleading no contest to a grafitti-related vandalism charge. He was arrested by sheriff’s deputy David Auner, 31, who was charged in April with six felony counts stemming from writing false reports and falsifying public records.

Auner, a training officer who is free on bail, was turned in to authorities by his trainee.

According to the district attorney’s office, Auner’s trainee said the two partners did not see Rebolledo spray paint the wall of a motel, but they saw him walking with a can of spray paint that matched the fresh graffiti. Auner allegedly told the trainee to write in the arrest report that they had seen Rebolledo painting the wall.

Auner also allegedly told the trainee to include that Rebolledo had been made aware of his Miranda rights but Rebolledo has said he never was read those rights.

Auner’s attorney has said his client is a victim of an overly cautious district attorney’s office that is wrestling with its response to the Los Angeles Police Department’s Rampart corruption scandal.

Auner is also accused of filing false reports and falsifying documents in two other cases in which the trainee has said Auner instructed him to write arrest reports in a misleading manner.