Rampart Trial Juror Denies Misconduct

An alternate juror in the Rampart corruption trial denied taking part in an improper discussion of the guilt of the police officers convicted in the case, according to an affidavit filed Monday.

Juror Paola Rojas said she does not recall hearing foreman Victor Flores say before testimony began that he believed the officers were guilty--a claim made by another alternate juror in the case.

“I know that if he would have said that it would have stood out in my mind and I would have mentioned it to the judge,” Rojas said in a sworn affidavit.

Rojas said she told an investigator for the defense several days ago that she did not recall Flores making any such remarks.

Defense attorneys had not mentioned that particular interview in court.

A hearing is set for 8:30 a.m. today before Superior Court Judge Jacqueline A. Connor as part of a continuing investigation into the conduct of jurors in the case.

Attorneys are seeking a new trial for Sgts. Edward Ortiz, 44, and Brian Liddy, 39, and Officer Michael Buchanan, 30. The three officers were convicted Nov. 15 of conspiracy and perjury for fabricating charges against gang members. A fourth officer was acquitted.

The officers said they were hit by a pickup truck in an alley during a July 1996 gang sweep.

Connor’s probe into juror conduct began a day after the officers were convicted when Wendy Christiansen, an alternate juror, complained to her. Christiansen was called into court Nov. 17.

She testified that Flores told her and Rojas that he believed the officers were guilty. She said the conversation took place while they were eating lunch together on the first day of the trial. Christiansen said she was so bothered by the conversation that she left lunch early.

Flores was summoned to court a few days later. He denied making any such comments.

The misconduct allegation is one of two avenues the defense is pursuing in its quest for a new trial.

Attorneys also contend that a computer mistake on a key piece of evidence misled jurors in their deliberations.

Connor has indicated that she has serious concerns about the computer error, which mistakenly reported the severity of injuries the officers claimed they suffered when hit by the truck.

A hearing on that issue is scheduled for Dec. 15.