Authors: Gerald Petievich
The manual said that the senior captain would chair any board of rights. That meant that Ratliff, Harger's nemesis, would be in charge. "Board of rights," Stepanovich said to himself. "It should be called the board of No rights."
"This disciplinary trial board is called to order," said Ratliff, a tall, lanky man with deep-set eyes. Known throughout the Department not only for his uncanny ability to ace promotional examinations but his unbridled ambition and lack of common sense, he had a grayish pallor that made him look much older than his forty-nine years. In fact, other command officers called him "The Mummy" because it was said he'd wait an eternity for the Chief to retire so he could finally get his promotion to top cop.
Enunciating carefully, Ratliff introduced the other board members, then read the allegations out loud. This completed, he read a long paragraph from the manual advising Stepanovich and the others of their rights. In so many words, a policeman had a right to hire an attorney, but, as Howard had pointed out, only if he paid for one himself. Also, there was no right against self-incrimination. "Having completed those preliminaries," Ratliff said, "I'd like to read a letter sent to this hearing by Chief Burrell."
Howard cleared his throat. "The defendants object to any such reading on the grounds that it is prejudicial."
Ratliff smiled condescendingly. "The objection is overruled." He thumbed a page and read: "As the head of this department, I want all parties to know that the sole purpose of any board of rights hearing is to ascertain the truth and once that is done, to return a finding and penalty commensurate with the evidence developed. In my book, Administrative Law and Police Justice, I warned that in dispensing justice, a board of rights must always be aware of the desirability of sworn officers being allowed to function without fear of reprisal, but also the danger to the citizenry if officers of the law acted under a clear cloak of administrative protection from misconduct. I wish all parties well."
Howard leaned close to Stepanovich. "Who wrote the book for him?" he whispered.
"His brother teaches administrative law at USC."
Howard nodded.
"This board wishes to thank the Chief for his thoughts," Ratliff said. He turned to Houlihan. "The Department may call its first witness."
Houlihan, the department advocate, rose from his table and introduced himself. "The department calls Sergeant Jose Stepanovich."
"Mr. Chairman," Howard said loudly, "the defense moves that you be replaced as chairman of this board of rights on the grounds that you are clearly prejudiced in this matter. You are a close personal friend of the investigating officer, Lieutenant Houlihan, and are, in fact, the godfather to his son. You attend the same church and have taken family vacations together." Ratliff blushed. "Police departments are very close-knit organizations, Mr. Goldbloom "
"Goldberg."
"Yes, Goldberg," he said to the press area. "As I was saying, the fact that officers are acquainted with one another socially is not in and of itself reason to disqualify someone from sitting on a police trial board. If that was the case, we'd never be able to discipline ourselves, and the public interest wouldn't be served. Your objection is therefore overruled. The department may call its first witness."
Houlihan stood up. "The department calls Sergeant Jose Stepanovich."
"The clerk will swear in the witness," Ratliff said, making a note.
Stepanovich, his stomach fluttering, rose and approached the witness stand. He raised his hand. Rose Fujimoto, a busty young Oriental woman with a bouffant hairdo who everyone in the Department knew was the Chief s current girlfriend, administered the oath in a heavy Japanese accent.
Stepanovich said, "I do," and took a seat on the witness stand. His throat felt dry and he felt the underarms of his suit jacket must already be stained with perspiration.
Houlihan, wearing what looked like a new suit, looked composed. "Please state your name and assignment."
Stepanovich complied.
"For the record, the defense objects to the fact that the accused is forced to testify against himself in this hearing. "
Ratliff thumbed through some paperwork and took out a typed page that Stepanovich guessed had been prepared for him by Houlihan or some other flunky. He read: "The proceedings of a board of rights hearing involves administrative rather than criminal law and is initiated as a fact finding body to reach a decision without undue interference from restrictive limitations. Our job here is not to become entangled in a web of technicalities. This would defeat the purpose of this tribunal. Our aim is to keep things informal and to avoid quibbling over witnesses and the admissibility of evidence. "
"May I be heard?" Howard said.
"Certainly, Mr. Goldbloom."
"Thank you, sir," Howard said, glaring. "In the context of this informal atmosphere, I'd like to point out that the defendants are on trial for their careers without the benefit of the guarantees provided in the Constitution of the United States, and that this 'tribunal' as you call it, is nothing more than a tribute to injustice, bureaucratic intrigue, and the whim and caprice of the police chain of command. In short, it's an institutionalized kangaroo court and you are the head kangaroo."
Ratliff maintained a poker face as cameras whirred from the press area. "Lieutenant Houlihan, you may continue."
"Sergeant Stepanovich," Houlihan said confidently, "during the course of your duties while assigned to the Central Bureau CRASH gang detail, did you have occasion to seize any vehicles as evidence?"
"Yes."
Houlihan stepped forward and handed him a Polaroid photograph of the black Chevy belonging to the White Fence gang. "Does this appear to be a Chevrolet you caused to be towed to the police impound yard?"
Stepanovich said yes. As his knees began shaking, he was thankful that the witness stand hid them from view.
"Our investigation has shown that you and the other defendants stole this vehicle from the impound yard and used it to fire rounds into a dwelling on Eighteenth Street "
"Objection! Who said that?" Howard shouted. "There is no factual basis in the evidence for such a question!"
"The objection is overruled," Ratliff said diffidently. "Per Section 140.75 of the board of rights manual, this board is empowered to develop any and all pertinent facts. The witness is directed to answer the question."
Houlihan smiled. "Sergeant Stepanovich, did you and the others violate the penal code of the state of California by firing into an inhabited dwelling in order to incite gang warfare?"
Stepanovich cleared his throat. "No," he said, surmising that Houlihan was bluffing because if Sparky had talked, he'd have been the first witness called to the stand.
"Where were you and the members of your unit the night after you impounded the Chevrolet?"
"We were at the Rumor Control Bar."
"Do you realize you are testifying under oath?" Houlihan said.
"I'm directing my client not to answer that non-question!" Howard interrupted. "Even though this is a star-chamber proceeding and he obviously has no legal rights, he is still a human being and has the right not to be badgered and humiliated. The question has been asked and answered."
Ratliff and the others captains conferred in whispers, and there was the sound of cameras whirring. Finally Ratliff sat back. "Objection sustained," he said.
Undaunted, Houlihan turned a page of his legal tablet. "Sergeant Stepanovich," he said, "on the date listed in the allegation, did you take part in a surveillance on Ortega Street in the city of Los Angeles?"
"Yes."
"And you were the ranking officer at this surveillance?"
"Yes."
"What led you to initiate the surveillance?"
"During routine patrol we observed known White Fence gang members coming and going from the residence."
"You staked out simply to monitor gang members you observed entering the location?"
"That's correct," Stepanovich tied.
"Isn't it true that you and your unit were fired on by White Fence gang members on August nineteenth and a member of your unit, Officer Timothy Fordyce, was killed."
"Yes."
"Isn't it true that you requested one Brenda Marie Teagarten to rent an apartment on Ortega Street to enable you and members of your unit to observe Estrada's residence?"
Stepanovich swallowed dryly. "No."
"You're saying you just went to the door of this apartment and asked her permission to use the place for a police surveillance."
"That's right."
"Had you ever seen her before?"
"I've seen her at the Rumor Control Bar."
"And she is a friend of yours, is she not?"
"I only know her as a customer in the bar."
Houlihan smiled wryly, and Stepanovich had an urge to rush from the witness stand and smash his teeth down his throat.
"During the surveillance and the shooting that occurred on Ortega Street, would it be safe to say that you were in charge?"
"Yes.
"And that, as ranking officer, you accept responsibility for all that occurred?"
Stepanovich swallowed. "Yes."
"And is it safe to say that you kept Captain Harger apprised of what you were doing by regular briefings as prescribed in Section 8926.71 of the Los Angeles Police Manual?"
"Yes," Stepanovich said because he knew there was no other answer to the question.
Later, Howard was allowed to cross-examine Stepanovich. A portion of the transcript read as follows:
Howard: Sergeant Stepanovich, isn't it true that your supervisors were aware of the activities of the CRASH special unit?
Stepanovich: Yes. I kept Captain Harger briefed on our activities.
Howard: But you hadn't informed Captain Harger specifically of the stakeout at the Estrada residence?
Stepanovich: Yes.
Howard: Such stakeouts are routine, for your unit, isn't that correct?
Stepanovich: Yes.
Howard: And isn't it fair to say that such a stakeout to monitor the activities of East Los Angeles street gangs was specifically what your unit was designed to do?
Stepanovich: Yes sir.
As the questions continued, Stepanovich noticed the captains wore the familiar police mask: I could give a shit, but it's my job to listen. The same expression he himself had worn when listening to burglary or car theft or purse snatch victims telling their musty tale of unresolvable woe. This smug veil and the fact that the three board members had avoided eye contact with him since he'd taken the stand told him without any doubt that the verdict as well as the punishment had been decided before the trial board had even convened.
Stepanovich's testimony was concluded by three o'clock, and Ratliff announced a ten-minute break in the proceedings. The crowd of spectators, reporters, and cameramen stood and stretched, lit cigarettes, and filed into the hallway to line up at vending machines.
Stepanovich huddled with Arredondo, Black, and Goldberg at the defense table.
"He's making you the fall, guy," Howard said, tapping his pencil nervously.
"The captains aren't asking any questions," Arredondo whispered. "They've been told what finding to come back with."
"They're going to hang it on our asses," Black said, fighting a cigarette.
"We'll know by who they call for the next witness," Howard said.
"The Department calls Captain Robert Harger," Houlihan said in a loud, clear voice.
The door was opened by one of Houlihan's assistants, and Harger marched in wearing a dark suit, pastel blue shirt, and tie. After being sworn in by the Chief s girl friend, he took the stand and stated his name.
"Captain Harger," Houlihan said, "are you in command of the CRASH special unit that includes the four defendants sitting at the defense table?"
Harger said he was.
"Did you authorize this unit to engage in a surveillance on Ortega Street for the purpose of observing White Fence gang members?"
"No, I did not."
"So in other words, the members of this unit acted without your authority?"
"That's correct."
Stepanovich suddenly had a clammy, cold feeling, as when his mother informed him of Uncle Nick's death.
"Hijo la," Arredondo muttered.
"If Sergeant Stepanovich had asked your advice on such a surveillance, what would you have told him?"
Howard slammed his fist down on the table. "Supposition! A hypothetical question! I move this entire line of questioning be stricken from the record. How does anyone know what they might have done in a given situation at some date in the past?"
Ratliff coughed dryly a couple of times. "This board of rights isn't going to get bogged down in a lot of technicalities. The question stands."
Harger, the picture of a movie detective, rubbed his palms together. "I would never have approved the surveillance," he said.
"So, in violation of the LAPD police manual, Sergeant Stepanovich failed to notify you of his plans?"