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Statement of Facts (cont.)
41. PLAINTIFF prepared his report as instructed, and prepared the District Attorney Package (which was to be submitted to the Los Angeles District Attorney).
42. PLAINTIFF prepared a forty (40) page report and submitted it to his supervisors, before submitting it to DEFENDANT PARKS (attached hereto as Exhibit 1).
43. LT. HERNANDEZ informally reprimanded POOLE for his report. LT HERNANDEZ told him that `we can't hand this in. The Chief doesn't want this.'
44. LT. HERNANDEZ commanded PLAINTIFF to turn his report over, the computer disk it was on, and all other copies in existence. PLAINTIFF understood this to mean that they were going to destroy his report.
45. Later, PLAINTIFF was later approached by DET. ITO and LT. HERNANDEZ with a two (2) page report, and they asked PLAINTIFF to sign his name to it. PLAINTIFF refused because he saw that report as an obstruction of justice.
46. PLAINTIFF discovered that LT. HERNANDEZ and DET. ITO submitted their two (2) page report (with another officer's name to it), and submitted it with at least six (6) to seven (7) supporting documents removed from the original package.
47. 1998 Trial of PEREZ resulted in a mistrial, and the District Attorney refused to file other criminal charges due to lack of evidence. The Los Angeles District Attorney also refused to criminal prosecute any officers in the HEWITT investigation.
48. PLAINTIFF reported his complaints to all supervisory officers; however, nothing was done. PLAINTIFF never was, nor desired to be part of an internal affairs investigation. His sole purpose in all the investigations cited herein, was for a criminal purpose and case submission to the District Attorney.
49. As a result of PLAINTIFF'S complaints, he was being ostracized, he suffered depression, he felt as though he was being prevented from doing his job, he suffered a loss of confidence, and sleeplessness.
50. PLAINTIFF then took sick time or stress leave.
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