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Civil Rights
Police Misconduct
False Arrest

Julio Cesar Gonzalez v. City of Los Angeles, William Deuel, Michael Berchem, et al.

Published: Dec. 24, 1994 | Result Date: Dec. 8, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 915020 –  $0

Judge

Charles F. Eick

Court

USDC Central


Attorneys

Plaintiff

Neil B. Rincover

Richard L. Garrigues


Defendant

Robert A. Seeman


Experts

Plaintiff

Lynda Morck
(medical)

Frank H. Saunders
(technical)

Facts

This case involves claims of federal civil rights violations made by a young Hispanic man who was arrested for murder and acquitted after being detained one year in jail, awaiting trial. On June 18, 1989, Richard Vergara, nicknamed "Beast," was shot and killed on the street while allegedly showing younger gang members the proper way to spray paint a wall. Three months later, LAPD Defendant detectives Michael Berchem and William Deuel found 2 witnesses, who were also gang members, who allegedly identified Plaintiff as the shooter. At the criminal trial, only one witness identified the Plaintiff. The other repudiated his ever having made the identification. During the criminal trial, for the first time, a ballistics test was done on the bullet casings found at the scene. The tests revealed that more than one gun was involved, thus impeaching the witness' testimony that one and only one gun was used by one shooter. The case was then dismissed by the district attorney. Plaintiff Julio Cesar Gonzalez, a 20-year-old student with no prior arrest history, then brought this lawsuit against Defendants Michael Berchem and William Deuel of the LAPD.

Settlement Discussions

Defendants contend: The Defense offer of $40,000 was made one year prior to the trial; Plaintiff then demanded $100,000; prior to trial all offers were withdrawn by Defense; and no specific new demand was made by Plaintiff. Plaintiff contends his $100,000 demand was made through prior counsel and that no new demands or offers were exchange just prior to trial.

Specials in Evidence

$2,800 not presented yes, unspecified

Damages

Plaintiff asked the jury to award damages of approximately $2,500,000.

Injuries

Post traumatic stress disorder requiring ongoing psychotherapy.

Deliberation

1.5 days

Poll

8-0

Length

15 days


#104988

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