Attorneys may get some records in jail beating case
By JESSICA LOGAN, Californian staff writer e-mail: jlogan@bakersfield.com
The personnel records regarding excessive force of two detention deputies accused of murder for the death of an inmate will be revealed if any exist, a judge ordered Tuesday.
Daniel Thomas Lindini, Ralph Contreras and Roxanne Fowler are accused of beating to death inmate James Moore in jail in August 2005.
Deputy District Attorney Matthew Magner asked for Lindini, Contreras and Fowler’s records regarding excessive force be released. He also wanted to know if the deputies had a history of making false or misleading statements.
Kern County Superior Court Judge Clarence Westra Jr. ruled that Magner had not properly given Contreras’ attorney notice of this request and the judge denied the motion with regard to Contreras.
Westra ruled that Magner could see any records of excessive force in Lindini and Fowler’s history, if any exist. But the judge denied Magner’s request for any false or misleading statements.
Westra reviewed the two officers’ records in private and said he would release the results later in the day. But the actual reports will not be made public, he ordered.
Fowler’s attorney, David Torres, also asked for any records that the main witness in the case, Deputy Brian Carr, lied.
The judge denied this request, but Torres said he would research the case further and ask again.
Carr filed a complaint with the county alleging that he has been the victim of harassment from fellow officers.
The county replied that they found he had not been the victim of harassment.
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