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  1. #1
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    Default Criminal Statute of Limitations

    Hello folks. I'm a police officer trying to put a police chief away. Next question for you lawyers out there. Aaron provided Ca. penal codes on statue of limitations (thanks). My question is specific to California Government Code 19635. The edited video was of a beating three and a half years ago, but the video wasn't discovered until Dec. 2004. It was submitted to the Superior Court via a subpoena. Does it apply?

  2. #2
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    Default Re: Statue of limitations

    Quote Quoting Buck
    Hello folks. I'm a police officer trying to put a police chief away. Next question for you lawyers out there. Aaron provided Ca. penal codes on statue of limitations (thanks). My question is specific to California Government Code 19635. The edited video was of a beating three and a half years ago, but the video wasn't discovered until Dec. 2004. It was submitted to the Superior Court via a subpoena. Does it apply?
    You seem to be asking a series of unrelated questions here. Can you clarify?

    What does this have to do with the chief? Is this concerning discipline against you for something? GC 19635 says:

    19635. No adverse action shall be valid against any state employee for any cause for discipline based on any civil service law of this state, unless notice of the adverse action is served within three years after the cause for discipline, upon which the notice is based, first arose. Adverse action based on fraud, embezzlement, or the falsification of records shall be valid, if notice of the adverse
    action is served within three years after the discovery of the fraud,
    embezzlement, or falsification.


    I'm not sure what that has to do with a videotape submitted to the courts years after a "beating".

    Can you explain exactly what is going on, and what you are trying to accomplish (besides putting the Chief "away")?

    Thanks!

    - Carl

  3. #3
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    Default

    The video would have shown federal laws being broken under color of authority by police officers. The chief was aware of the beatings after I reported it. The chief edited the video to cover the crimes in violation of Ca PC 132, 134, 135, 135,5. Two are felonies, two are misdemeanors. There is chain of custody through documents which prove the chief was the only one to handle the video. The chief then fired me for being insubordinate, and that there was no beating. There were many witnesses.

  4. #4
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    Default

    And has any of this gone to court?

    I note that in the header you comment that the DA and DOJ refuses to prosecute. Have they commented as to why?

    What about the FBI? Has the victim taken this to court? If the victim is mum about the matter then that would change the complexion of the matter.

    What about the local media? Have they caught wind of the story? I would think something like this - WITH a video, would get legs real fast. Heck, lesser events have done so.

    - Carl

  5. #5
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    Default

    Yes, it has gone to court. Victims have no recourse because of time element. I have not allowed it to go public because I would like to continue my career (publicity would kill that). Answering all you questions Carl, would not be wise or in my best interest for me to do.

    Specifically, does Ca. PC 132, 134, 135,135.5 still apply under CA GOV Code 19635 because the video was submitted to the Superior Court 12/2004?

  6. #6
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    Default

    Quote Quoting Buck
    Yes, it has gone to court. Victims have no recourse because of time element. I have not allowed it to go public because I would like to continue my career (publicity would kill that). Answering all you questions Carl, would not be wise or in my best interest for me to do.
    Publicity may be the only way to get any satisfaction ... whatever that satisfaction might be.

    If you want to sue for back pay, unlawful termination, etc., you will have to bring it in to a public venue - the court. If you want to get the Chief fired, you will have to bring it to the public's attention via the media or the court as well.

    I understand why you wouldn't want to answer all the questions, and that's fine. But unless you are willing to go public on this there is very little that you can do.

    Specifically, does Ca. PC 132, 134, 135,135.5 still apply under CA GOV Code 19635 because the video was submitted to the Superior Court 12/2004?
    I don't think anyone can answer that without knowing the specific facts of your case.

    Additionally, if the tape were concealed as part of an ongoing criminal conspiracy to conceal it from the court, this may allow for an exception to the SOL. However, if the matter had already been decided one way or the other, this tape would likely have to be dealt as a seperate matter and not as part of the initial issue.

    You should consider retaining counsel if you wish to take personal action against the Chief. An attorney could look at all the details in your case and determine if the SOL will be an issue or not.

    - Carl

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