During the three-week trial in U.S. District Court, attorneys for Kellel-Sophiea sought to show that she was innocent and that the man later convicted of the slaying had acted alone.
At the time of the killing, Kellel-Sophiea and her husband were separating and slept in different bedrooms in their Orcas Street house. She testified that at 3 a.m. on Jan. 31, 1990, she heard and saw her husband struggling for breath, and thinking that he was having an asthma attack dialed 911 and ran to a neighbor’s house for help. Rescuers found that Sophiea had been stabbed to death, and police discovered that a bathroom window was open and the screen removed.
Parks and Milligan testified that the evidence indicated that the burglary had been “staged” to throw off the investigation. They said contradictions in Kellel-Sophiea’s statements along with other evidence—including blood found on the floor of her bedroom—focused their attention on her as a suspect.
Two weeks after Kellel-Sophiea was arrested, the detectives traced bloody fingerprints found on a fence at the house to Tony Moore, an 18-year-old Sun Valley transient. Moore was arrested, and during nine hours of interrogation he gave several versions of what happened, implicating himself and at times saying Kellel-Sophiea took part in the killing.
Though Moore’s statements about Kellel-Sophiea were never corroborated, the investigators continue to believe that the burglary was staged and that she was involved.
Before jury deliberations began, Judge James M. Ideman dismissed the lawsuit’s allegation that the investigators were conspiring to frame Kellel-Sophiea, ruling that there was no evidence of such behavior.
Deputy City Atty. Honey A. Lewis, who defended the detectives, said the jurors were left to decide whether the investigators acted in good faith when they arrested Kellel-Sophiea. Whether she was guilty or innocent in the slaying was not at issue, Lewis said.
“That’s an unsolved mystery,” she said. “That wasn’t under consideration. The issue was whether the detectives had probable or reasonable cause to arrest her. The jury determined there was good reason for the detectives to make the arrest.”
One of Kellel-Sophiea’s attorneys, Ken Clark, said her case was hurt when Ideman ruled that jurors could not hear a tape recording of the Moore interrogation that he said showed the detectives manipulated the suspect into implicating her in the slaying.
Clark said the verdict will probably be appealed.
DEATH SQUAD
POLICE SURVEILLANCE UNIT KILLS 3 ROBBERY SUSPECTS
LOS ANGELES TIMES
February 13, 1990
THREE SUSPECTED ROBBERS were killed and a fourth was wounded early Monday by nine officers from a controversial Los Angeles police squad who watched the suspects force their way into a closed McDonald’s restaurant in Sunland and rob its manager at gunpoint.
Shortly after the suspected robbers climbed into their getaway car—and one pointed a gun at the officers, police said—the officers fired 35 shots into the late-model bronze Thunderbird. No officers were injured during the 2 a.m. confrontation in front of the deserted Foothill Boulevard restaurant. The manager, who had been tied up by the robbers and left behind, also was unharmed.
Police said the officers, who are members of the police department’s Special Investigations Section, a secretive unit that often conducts surveillance of people suspected of committing a series of crimes, watched the robbery take place but did not move in because of safety reasons.
After the suspects, who were believed to have been involved in a string of fast-food restaurant robberies, got in their car, the SIS officers pulled up, shouted “Police!” and opened fire upon seeing one of the men point a gun at them, police said.
Three pellet guns that appeared to be authentic handguns were found in the car and on one of the suspects after the shooting. Police said it did not appear that any of the pellet guns had been fired.
The police shooting was being investigated by the department’s officer-involved shooting unit. Lt. William Hall, head of the unit, said the officers did not violate a year-old department policy that says officers should protect potential crime victims even if it jeopardizes an undercover investigation.
The policy was instituted after police officials reviewed the procedures of the SIS. A Times investigation in 1988 found that the 19-member unit often followed violent criminals but did not take advantage of opportunities to arrest them until after robberies or burglaries occurred—in many cases leaving victims terrorized or injured.
Police said the officers involved in Monday’s shooting are SIS veterans with an average of 19 years of experience with the Los Angeles Police Department. The officers were identified as Richard Spelman, 39; James Tippings, 48; Gary Strickland, 46; Jerry Brooks, 50; John Helms, 40; Joe Callian, 31; Warren Eggar, 48; Richard Zierenberg, 43; and David Harrison, 41.
The gunfire early Monday echoed throughout the commercial and residential area where apartment buildings sit alongside restaurants, convenience stores and small service shops.
“I woke up hearing many, many shots,” said Alejandro Medina, whose corner apartment overlooks the shooting area. “I got up to see and then there were more shots. I hit the floor.”
Although SIS officers had watched at least one of the men off and on since the beginning of the year, Hall said the suspects were not seen breaking any laws before they forced their way into the McDonald’s at 7950 Foothill Boulevard.
“At the times the surveillance has been on the suspects, [police] saw no crimes,” Hall said. “To stop them they needed a reason. That had not occurred. Once [the suspects] went up to the restaurant, maybe they crossed that threshold.”
Hall said the officers, however, then decided they did not want to risk the safety of the restaurant manager by attempting to burst into the McDonald’s and arrest the robbers.
“The decision was made that, since there never had been any injuries involved in any of these robberies, rather than try to force entry into the building, they would wait and let the suspects exit,” Hall said.
The names of the three dead men were not released Monday. The wounded man was identified as Alfredo Olivas, 19, of Hollywood. He was in serious condition, suffering from two shotgun wounds, at Holy Cross Medical Center in Mission Hills. Police said that when he recovers, Olivas will be arrested on a murder charge because, under California law, he can be held responsible for any deaths that occur during a crime he allegedly committed.
Police began their investigation of the suspects after the robbery of a McDonald’s in downtown Los Angeles in September, Hall said. Because detectives and McDonald’s security officials believed the robbers had knowledge of how the restaurant operated, several employees were questioned and given lie-detector tests.
One employee was fired after failing the polygraph examination but there was no evidence to arrest him, police said. The downtown robbery was similar to at least six others—five at McDonald’s restaurants and one at a Carl’s Jr.—in Los Angeles since August, police said. In each case, the robbers had knowledge of the business’s operations and forced a lone manager at gunpoint to open a safe after hours, police said.
SIS officers began to follow the former employee in early January and, on Sunday night, the officers watched as he met with three other men in Venice and drove with them to Sunland in a bronze Thunderbird belonging to one of the men, police said.
The four men arrived at the McDonald’s as it was closing at midnight and watched it from the Thunderbird parked across the street, police said. At 1:36 a.m. when only night manager Robin Cox, 24, was still inside, three of the suspects got out of the Thunderbird and approached the restaurant.
Hall said one man remained in front while two others attempted to break in a rear door. Cox heard the break-in attempt and called police. Patrol units were not dispatched, however, because SIS officers were watching the restaurant.
Hall said the officers held back on arresting the suspects because the suspects were too spread out. As the officers watched, the tw
o suspects at the rear of the restaurant moved to a side door and forced their way into the McDonald’s.
All four suspects then entered the restaurant. Cox was tied up and threatened at gunpoint until she opened the restaurant’s safe. Several thousand dollars was taken, police said.
The suspects came out of the restaurant half an hour later and walked across the street to the Thunderbird. After they were in the car, four unmarked cars containing eight officers pulled up from behind and one officer ran up on foot.
Hall said the officers identified themselves and were wearing clearly marked “raid” jackets that said “police” on the front and back.
“When they approached the vehicle they saw one of the suspects with a handgun point it toward their direction,” Hall said. “One of the officers said, ‘Watch out, they’ve got a gun.’
“At that time we had several officers fire into the vehicle. The passenger in the front exited and fled into an open field. He was carrying a handgun and several officers fired at him. All the shots were fired in just a few seconds.”
Hall said that after the firing stopped, two officers approached the car and fired four more shots into it when they saw “two of the suspects were moving around, reaching down to a floorboard where a gun was.”
A total of 23 shotgun blasts and 12 shots from 45-caliber handguns were fired by police at the suspected robbers, Hall said.
Several residents in the area said they were awakened by the gunfire and shouts of the police officers.
“My husband yelled to me to call the police,” said Ronda Caracci, whose apartment also offers a view of the shooting area. “I looked out the window and said, ‘Hey, it is the police.’”
ATTORNEY CALLS SPECIAL LAPD SQUAD ‘ASSASSINS’ AS CIVIL RIGHTS TRIAL OPENS
Courts: Case will focus on tactics of Special Investigations Officers who fatally shot three robbers.
January 10, 1992
Members of a controversial Los Angeles police squad who fatally shot three men after a 1990 robbery in Sunland were called “assassins with badges” Thursday by an attorney representing the families of the dead men in a civil rights lawsuit.
Attorney Stephen Yagman made the allegation during opening statements in a U.S. District Court trial that will focus on the tactics of the police department’s Special Investigations Section, a 19-member surveillance unit that targets suspects in serious crimes.
The families of the three men killed in the Feb. 12, 1990, shooting, along with a fourth robber who was shot but survived, charge that the SIS is a “death squad” that follows suspects, allows them to commit crimes and then frequently shoots them when officers move in to make arrests.
“What they do is attempt to terminate the existence of the people they are following,” Yagman told the 10 jurors hearing the case.
Deputy City Atty. Don Vincent countered that the officers acted properly and that the SIS is a valuable police tool. “This is a necessary organization that most police departments have,” he said. “It is even more important in Los Angeles, a city of 365 square miles . . . where the criminals are just as mobile as the police.”
The trial before Judge J. Spencer Letts is expected to last at least two weeks. The suit names members of the SIS, Police Chief Daryl F. Gates, Mayor Tom Bradley, the Police Commission and all former commissioners and chiefs during the unit’s 25-year existence. Yagman says officials have allowed an environment in which a “shadowy” unit such as the SIS can operate. The shooting in front of a McDonald’s restaurant on Foothill Boulevard occurred after a lengthy investigation into a series of restaurant robberies. Police said that in late 1989 investigators identified the suspects—Jesus Arango, 25, and Herbert Burgos, 37, of Venice and Juan Bahena, 20, and Alfredo Olivas, 21, both of Hollywood.
SIS officers followed the four intermittently for three months before they watched them break into the McDonald’s where manager Robin L. Cox was working alone after closing for the night.
After they tied up, gagged and blindfolded Cox, the robbers left the restaurant with $14,000 from its safe.
When all four were seated in their getaway car, SIS officers moved in on foot and in cars. Police said two of the men pointed guns at the officers, who opened fire, killing three and wounding Olivas in the stomach. Police said they recovered three pellet guns that resembled pistols.
Officers later explained that they could not make arrests before the robbery because the four men moved too quickly and were too spread out around the restaurant.
Whether the men in the car were armed at the time of the shooting will be at issue in the trial. Yagman said they had no weapons and were shot in the back.
Olivas, the first witness to testify, said that the robbers stored their weapons in the trunk of the car before getting in. The shooting started a few seconds later, said Olivas, who is serving a 17-year prison term for the robberies.
Vincent in his opening statement sharply disagreed, saying two of the robbers drew the police fire when they pointed their weapons at the officers. “Officers have a right to self-defense,” he said. “They don’t have to wait for someone to shoot them.”
FBI PROBES SLAYING OF ROBBERS BY LAPD
Police: Existence of inquiry came to light in suit over SIS unit’s killings of three men who had robbed a Valley restaurant.
January 16, 1992
The FBI is investigating the killing of three robbers in Sunland by a controversial Los Angeles police squad, and the Justice Department apparently has taken the case before a federal grand jury, court documents showed Wednesday.
The investigation surfaced when the U.S. Attorney’s Office mentioned it in asking a U.S. district judge to throw out a subpoena for an FBI agent called to testify in the trial of a lawsuit filed over the shooting.
The request indicated that the shooting by the Special Investigations Section had been under investigation for nearly a year.
The FBI agent, Richard Boeh, was subpoenaed to testify in the civil rights suit filed after the Feb. 12, 1990, incident, when nine SIS officers fired at a getaway car used by four robbers who had just held up a McDonald’s restaurant in Sunland. They killed three and wounded the fourth.
The survivor and relatives of the slain men are suing the city and the police department, alleging that the SIS squad violated the robbers’ civil rights by executing them without cause.
Police have contended in testimony in the week-old trial of the lawsuit that the robbers were shot because they pointed pistols at the officers. Weapons found at the scene were discovered to be pellet pistols, similar in appearance to firearms.
Stephen Yagman, the attorney representing the plaintiffs, summoned Boeh as a witness, saying the federal agent has information that could be vital to proving the suit’s key contention—that the robbers had placed their pellet guns in the trunk of the getaway car before getting into it, and therefore were unarmed when the SIS officers surprised them and opened fire.
Yagman said the FBI investigation dates from early last year, when Boeh interviewed the sole surviving robber, Alfredo Olivas, now 21 and serving a 17-year prison term for robbery.
“It would be a perversion of justice for the jury to deliberate this case without hearing what the FBI has found,” Yagman said outside of court.
But the U.S. Attorney’s Office filed a motion to quash the subpoena for Boeh. In a declaration contained in the motion, Boeh said he has been investigating the police shooting since April 1991 and indicated that he has provided testimony to a grand jury investigating the incident.
“If called to testify, my testimony would violate the rule of secrecy relating to proceedings before the grand jury,” Boeh said.
Boeh said that if he testified he would also have to reveal the identity of informants and other details of the federal investigation.
“To my knowledge, the information from the informants and the identity of the informants is known only to the government,” Boeh said. “My testimony would reveal facts relating to t
he strategy of the government in the investigation.”
Assistant U.S. Atty. Sean Berry, who is seeking to block Boeh’s testimony, did not return a phone call seeking comment. The U.S. Attorney’s Office routinely withholds comment on grand jury proceedings, which are secret.
Los Angeles Deputy City Atty. Don Vincent, who is representing the police officers and other defendants in the civil rights suit, including Police Chief Daryl F. Gates and Mayor Tom Bradley, could not be reached for comment after the trial recessed Wednesday.
Judge J. Spencer Letts has not yet ruled on whether Yagman will be able to call Boeh to testify.
In trial testimony Wednesday, a parade of former top managers of the police department testified briefly about their roles in running the department—some going back to the early 1960s.
Yagman called 13 former members of the civilian Police Commission and three former police chiefs in an attempt to bolster the lawsuit’s contention that the SIS, a secretive unit that places criminal suspects under surveillance, is a “death squad” that has operated for 25 years because commissioners and chiefs have exercised little control over the department.
According to testimony, the unit has been involved in 45 shootings since 1965, killing 28 people and wounding 27.
Most of the former commissioners testified that they considered the appointed post a part-time job, and four testified they never knew of the SIS while they were members of the commission. Former Chief Tom Reddin, who held the top job from 1967 to 1969, said in brief testimony that he had known of the unit’s existence but had never investigated its activities.
Roger Murdock, who served as interim chief for six months in 1969, said he thought the SIS unit was formed to investigate the assassination of Sen. Robert F. Kennedy.
Yagman did not ask Sen. Ed Davis (R-Santa Clarita), who was police chief from 1969 to 1978, about the SIS. Instead, he asked how Davis viewed the role of the Police Commission during his time as chief.
Crime Beat: A Decade of Covering Cops and Killers Page 6