And in July , Moore said, the couple moved into the Rodriguez family home. A short time later, according to Moore, Elizabeth Rodriguez began to talk about getting sole custody of the child. In the spring of , Moore went to family court to establish his legal rights to custody of the child.
That led to a protracted legal fight in family court that continues today. In September, a judge approved overnight visits for Moore and the child — over the objections of Elizabeth Rodriguez. Then in October, Rodriguez got a restraining order against Moore. She also filed a complaint with Chula Vista police, alleging five instances of alleged domestic violence against Moore in and , in Carlsbad, Chula Vista and Los Angeles County.
That report was investigated by Chula Vista police. On Nov. That eliminates the taint of a conflict of interest, among other ethical issues. Six days later, following the long Thanksgiving weekend, Prior forwarded the reports to state prosecutors. Ultimately, nothing came of the report.
On Jan. Records show Moore had been fired from a bartending job in Los Angeles almost two years earlier, in February , for giving free drinks to customers. He applied for and was denied unemployment benefits, then appealed that decision. After an hour-long hearing, an administrative law judge upheld the denial in March Our office is considering filing charges for false application of benefits. Three weeks later the probe took another direction.
Giralamo said they wanted to know if there was a difference between what Moore wrote on his application for benefits, and what he testified to during the hearing. He also wanted a transcript of the hearing. The recording arrived in early December, after the office made a Public Records Act request, expedited by the presiding administrative law judge. After Dugo and Giralamo listened to it on Dec.
Two weeks after that, Rodriguez retired, getting a special proclamation at the county Board of Supervisors meeting as he wrapped up his career. But reverberations from the Moore investigations rippled through the office. Mosler once led the Special Operations unit in the office, and at the time was chief of the economic crimes unit. He told Greenberg he was concerned the office had a conflict of interest, that Giralamo was told to keep his work secret from his own superiors and the office had a conflict.
As no audio tapes had been referenced in the police report, and no audio tapes had been turned over to the defense, as is required by law, red flags went up, not only in the court, but especially in the DA's office. Addition questioning disclosed that Officer Smith had been secretly making audio recordings, while actively involved in criminal investigations, and hiding the tapes from the criminal justice system for the past eight 8 years.
Police reports had been falsified to cover up the existence of the tapes, and every time Officer Smith took the stand, raised his hand, and swore to tell the whole truth, and nothing but the truth, he lied under oath.
Hundreds of felony criminal violations, by just one Oceanside Police Officer. Eight years of corrupted criminal investigations and prosecutions, and the DA' office already knew that officer Smith was not the only Oceanside police officer, and deputy district attorney involved in evidence tampering. DA Dumanis, and the District Attorney's Office, immediately recognized the potential danger that Officer Smith's eight years of evidence tampering posed to DA Dumanis, and the DA's office, with the Sommer civil case cover up lawsuit underway.
If Damon Smith started talking about the involvement of other police officers, that were connected to other DDA's, the cover up could not be contained, and more public corruption evidence would be available to Sommer's attorneys. More officers could expand the number of corrupted prosecutions into the thousands. DDA Laura Gunn, Dumanis's co-defendant in the Sommer litigation, was quickly assigned to head up the Smith evidence tampering investigation. This was done to control and suppress the investigation, and protect Officer Smith from arrest, to keep his mouth shut about other officers.
The DA's office seized the Smith investigation, even thought the investigation was a major conflict of interest, for the District Attorneys Office, but it was the only way to control, and limit the investigations of the Oceanside Police Department. District Attorney Dumanis, and Chief of Police McCoy, within weeks of the Smith testimony, started issuing press releases, to redefine the extensive criminal evidence tampering, as "non-criminal recording of conversations".
DA Dumanis went on to state, that Officer Smith had not violated any laws and would not be prosecuted. Such public statements are direct violations of departmental policies and procedures, on all active investigations, and conspiracy to obstruct justice. A Special Operations investigation that would be blocked from the news media coverage for the next nine months, with claims of no comment, due to an on going investigation.
If Smith was arrested, any competent defense attorney would immediately start plea negotiations, for the testimony of Officer Smith, against other police officers, in exchange for less prison time, just like all DA prosecutions. The process is regularly used to increase success statistics, reduce the number of trials, and the tactic was quickly used in the ongoing false prosecutions of non-law enforcement suspects like the Mike Shields case , the Eric Lido case , and the Shippee case involving OPD Office Domonique and DDA Rodriguez.
District Attorney Dumanis, an experienced DA, clearly understood what the political, financial, and public image cost would be for her, and the DA's office, with a major criminal investigation of evidence tampering, and obstruction of justice in the Oceanside Police Department and the DA's office. Dumanis also understood, like any experienced investigator, that eight years of police evidence tampering by Officer Smith, in a small police department, could not have gone unnoticed, without the involvement, and knowledge of other Oceanside Police Officers.
That kind of revelation would expand the number of potentially corrupted prosecutions from hundreds, into the thousands. Other Oceanside Police Officers were later exposed in more audio tape evidence tampering. Public Defender Steve Carroll, head of the public defenders office, stated in May , with the discovery of the Smith evidence tampering, that there would be a full investigation by his office, as the defense of approximately 90 percent of all criminal prosecutions, are handled by the Public Defenders Office.
Carroll went on to say the protection of legal rights of the accused is the responsibility of the Public Defenders Office. District Attorney. District Attorney Summer Stephan has devoted her life to protecting children and families, providing justice to the most vulnerable, and is a national leader in the fight against human trafficking and sexual exploitation. San Diego CA The S. None currently.
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