By Brian Charles
Pasadena Star-News
PASADENA, Calif. — The Pasadena Police Department launched an internal investigation into one of its detectives after receiving a complaint which alleged the officer hid evidence from defense attorneys in a criminal trial, officials said Monday.
The investigation into the actions of Officer Kevin Okamoto began in early April after Chief Phillip Sanchez received a 32-page complaint from attorney Michael Kraut, Police Department Cmdr. Darryl Qualls said.
In the complaint, Kraut, a former deputy District Attorney, claimed Okamoto “knowingly committed several violations of the United States Constitution, the California Penal Code, the criminal law and the policies of Pasadena Police Department.”
Okamoto, who has been reassigned to patrol, was not available for comment Monday. Department spokeswoman Lt. Phlunte Riddle described the reassignment as “routine.”
Kraut accuses the former detective of “failure to turn over to the defense, evidence that is either exonerating evidence, or leads to exonerating evidence.”
The actions came to light during trial for two men accused of participating in a brutal 2010 beating at Wokano Restaurant and Lounge in Old Pasadena.
Kraut’s client, 24-year-old Edward Damas, helped separate those involved in the fight, but according to his own testimony and statements made by a witness, he never punched the victim.
Another portion of Kraut’s letter deals with an attempt to elicit a jailhouse confession from Damas via a snitch — even though Damas invoked his right to remain silent. Kraut says the action is a clear violation of Damas’ constitutionally protected rights.
In his letter to Sanchez, Kraut said Okamoto declined to turn over an audio recording of Megan Cannon — a witness to the incident — to the Los Angeles County District Attorney’s Office. During an interview with Okamoto, Cannon said she never saw Damas or any employee strike the victim as was alleged in the criminal complaint.
“I did not see anyone hit him,” she said in transcripts obtained by this newspaper.
Cannon admitted that her view was partially blocked at times during the scuffle.
During court testimony, Okamoto said he didn’t disclose the information to defense attorneys or the District Attorney’s office because he “didn’t believe it to be relevant,” and that “he determines what is relevant” in criminal cases.
Okamoto also failed to provide contact information to the District Attorney and defense attorneys for Cannon, or Joseph Andres, who also witnessed the fight, Kraut said.
Qualls didn’t specify what element of the complaint prompted high ranking officers in the department and the Pasadena City Attorney’s Office to launch the probe. Qualls could not provide a timetable for when the investigation will conclude.
Damas is due in court May16 for pretrial conference. A spokeswoman for the L.A. County D.A. said prosecutors would reserve comment on Kraut’s letter until May16.
“Kraut has not filed a motion. He has not asked the court to do anything,” spokeswoman Sandi Gibbons said. “It will undoubtedly come up at the next court appearance.”
The investigation comes as Pasadena Police Department finds itself mired in controversy over the shooting death of Kendrec McDade, an unarmed 19-year-old Citrus College student gunned down by cops on March 24. Pasadena police officers Mathew Griffin and Jeffrey Newlen, who shot McDade, have returned to duty.
Griffin was among those who responded to the Wokano assault, Kraut said.
The actions of the police in the McDade case and prior incidents involving the department have prompted Pasadena-branch NAACP President Joe Brown to take action.
“We have received several complaints on numerous Pasadena police detectives about the tactics they use to receive information,” Brown said. “Over the next few days, we will provide complaints to the Pasadena Police Department about those detectives whose tactics and procedures are suspect.”
The allegations leveled against Okamoto ring familiar to McDade family attorney Caree Harper.
“I have heard of worse,” Harper said.
Harper has filed multiple lawsuits against the Pasadena police department, and said her experience with the Pasadena police department leads her to believe a pattern of unethical practices is rampant throughout the department. She filed a federal civil rights and wrongful death lawsuit against the city of Pasadena and its police department in the shooting death of McDade.
Detective Keith Gomez is named in the McDade federal lawsuit. Harper claims Gomez was involved in multiple controversial shootings of black men in Pasadena and his role in the McDade shooting “reeks of a cover-up.”
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