Terry M. Goldberg* Bradley C. Gage* LAW OFFICES

GOLDBERG & GAGE Milad Sadr

• A PROFESSIONAL LA W CORPORATION A Partnership of Professional Law Corporations

• A PROFESSIONAL LA W CORPORATION

23002 VICTORY BOULEVARD - WOODLAND HILLS, CA 91367 - (818) 340-9252 - FAX (818) 340-9088 Email: tgoldberg@goldbergandgage.com Email: bgage@goldbergandgage.com

City Clerk The City of Pasadena 117 East Colorado Blvd Pasadena, California 91105

June 26, 2012

Via Certified Mail 70120470000149630846

Re: Re: Governmental Claim of Edward Damas

To whom it may concern:

Please consider this a notice of governmental claim, and to the extent any such claims are more than six months old, as an application for a late claim pursuant to California Government Code, Section 910.

A. NAME OF THE CLAIMANT Edward Damas

B. ADDRESS TO SEND ALL CLAIMS:

Law Offices of Goldberg & Gage, 23002 Victory Blvd., Woodland Hills, CA 91367.

C. THE DATE, PLACE AND OTHER CIRCUMSTANCES OF THE OCCURRENCE OR TRANSACTIONS WHICH GIVE RISE TO THE CLAIMS ASSERTED:

Officer Kevin Okamoto agreed to go on paid leave after the Pasadena Police and LA County Sheriff s departments launched separate investigations into claims of misconduct against Okamoto, for concealing evidence in the criminal action involving Mr. Damas. Specifically, Okamoto, who was a Detective failed to provide audio recordings and witness contact information to the attorneys involved in the criminal charges brought against Mr. Damas from a 2009 incident in which he was falsely arrested.

The concealed evidence was exculpatory and would have demonstrated that Mr. Damas was arrested without probable cause, that his civil rights were violated, and that several laws were broken by the police, including without limitation the Bane Act, Ralph Act, and 42 USC § 1983.

Based on information and belief, Okamoto has had numerous complaints against him for making false statements and concealment of evidence as well as uses of excessive force.

Edward Damas June 26, 2012 Page 2

Because the evidence was concealed from the plaintiff, he could not have learned of the information that forms part of the basis of this complaint, which creates an equitable estoppel against the defendants from alleging any violations of the statute of limitations. The revelation that evidence was concealed occurred on May 16,2012 after Judge Teri Schwartz ordered Okamoto to turn over any outstanding evidence in the Damas case. The Judge acknowledged that Okamoto failed to do so in the initial criminal case which ended in a hung jury.

Based on information and belief, defendants launched an internal probe into Okamoto on or about April 5,2012 when attorney Michael Kraut filed a complaint. The probe was given to the Los Angeles County Sheriffs Department in May, 2012.

Okamoto along with Officer Gomez were involved in the investigation of the 2007 Jamaul Harvey murder case in which Harvey was ultimately exonerated. In a signed declaration an alternate juror in the case wrote that she believed Gomez "invented evidence" during the trial to assure a conviction.

In another case, it was alleged by Harvey that Gomez said, "I could kill you right now and get away with it, because I know you have a gun."

Okamoto is further accused of harassing citizens over the past five years. In one incident, Okamoto was unable to explain why Okamoto pulled over a motorist for a traffic stop.

Gomez conducted the main investigation into the Kendrec McDade shooting. The family'S lawsuit included claims that the Pasadena Police Department engaged in a cover up. Officers Jeffrey Newlen and Matthew Griffin were placed on Administrative Leave after gunning down McDade, yet now have been returned to work, showing ratification by the department of excessive force by its officers.

The McDade Shooting is quite suspicious. Dr. Cryl Wecht, reviewed a report on the death of Mr. McDade, generated by a medical examiner with the LA County Coroner's Office. Dr. Wecht, who is world renowned found multiple inconsistencies between the autopsy and an account of the shooting given by the Pasadena police officers. For example, while the officers claimed Mr. McDade was close to them, when he appeared to be reaching for a gun, there were no soot stains, from the burning powder, or stippling, which would occur if the shooting was within 24 inches.

McDade who had been a high school football star and was in college was shot and killed on March 24,2012. According to Dr. Cyril Wecht, a world renowned pathologist who testified in cases involving the assignations of Robert Kennedy and Martin Luther King, Jr., the claims of the officers that McDade became combative after being shot and it was necessary to handcuff the fatally wounded teenager were not true. As the Dr. put it, "I find it difficult to find someone who has been shot seven times - with gunshot wounds to major arteries - can be considered

Edward Damas June 26, 2012 Page 3

combative. "

When considering the fact officers from Pasadena appear to lie repeatedly, use unjustified and excessive force, and the department fails to take corrective action, there appears to be a lack of training, and a ratification by the department of false arrests, battery, assault, malicious prosecution, and violations of State and Federal Civil Rights by the department in many cases, including without limitation this current case.

As Dr. Wecht stated, given the injuries sustained by McDade, his treatment by Pasadena officers was lacking in "sensitivity and common sense."

Gomez is one of several officers named in the McDade family lawsuit. His former partner was Officer Kevin Okamoto, who is also on paid leave for failure to tum over exculpatory evidence in this (the Damas) case.

Gomez is the second officer in two months where Chief Sanchez turned an investigation over to the Los Angeles County Sheriffs Department. Okamoto is the other officer. Gomez is also accused of having falsified evidence and lying on the stand in the 2011 trial of a Pasadena man for a 2008 fatal shooting. The defendant in that action claims Gomez threatened to kill him.

Yet, these recent events never should have occurred. In 2004, four years after he joined the Pasadena Police Department, his actions came under scrutiny for the fatal shooting of Maurice Clark, an armed suspect.

Gomez was also at the scene in another 2004 incident when LaMont Robinson, 30, died following an altercation with Pasadena Police. The Officers used an arm hold against Robinson's neck to stop him from swallowing what they believed to be cocaine. Gomez was not disciplined. However, in 2009, Pasadena settled another lawsuit in federal court against six officers, including Gomez for claims of police brutality.

RELATED ACTIONS - DEUEL

June 25, 2011 at the Rose Bowl. Officer Gawlik and an unknown female officer falsely arrested, beat, battered and injured the plaintiff without justification, and in violation of his constitutional rights.

Mr. Deuel was falsely arrested for public intoxication and resisting arrest on June 25, 2011 at the Rose Bowl.

At this point Mr. Deuel who was trying to get his friend to leave, asked the officer if his friend had a first amendment right. At that point the officer told Mr. Deuel if he did not take his

Governmental Claim June 26, 2012 Page 4

friend away and leave he, along with his friend, would be charged with drunk in public. Mr. Deuel turned to leave and then turned around again. Mr. Deuel then asked the officer how he could be charged with being drunk in public when in fact he was completely sober. The officer then became angry and moved towards Mr. Deuel. Mr. Deuel turned to move away from the officer who then grabbed his clothing and spun him around. At this point a female officer came over, moved her body towards Mr. Deuel's lower half and Mr. Deuel buckled and was taken to the ground. The tackle resulted in Mr. Deuel being injured on his forehead, shoulder and other areas. He was taken to Huntington Hospital Emergency Room. He was arrested for "public intoxication" and "resisting arrest."

While at the Emergency Room, Mr. Deuel was treated by Dr. Doudikian-Scaff while the officers stood outside of the door. In her interview, Dr. Doudikian-Scaff stated clearly that Mr. Deuel was not intoxicated or under the influence of alcohol or any drug. In fact, she indicated that there was no indication that he had been drinking at all that day. She noted that she has been an ER attending physician for eight years and is very familiar with individuals coming in inebriated or in an otherwise altered state. Dr. Doudikian-Scaff mentioned that she interacted with my client for approximately twenty minutes, in which he presented as a "polite, pleasant gentleman" who was "very coherent" and did not exhibit "any indication of intoxication." Further, she indicated that she did not smell alcohol on his breathe or person. She also indicated that he was not angry about what happened, but more in shock over the incident

She stated that individuals under the influence of alcohol generally exhibit symptoms such as incoherence, odor of alcohol, bloodshot and/or watery eyes and unsteady gait. When such symptoms are present, Dr. Doudikian-Scaffmemorializes that in her report. She did not observe any indication of intoxication in dealing with Mr. Deuel, and her report reflects this accordingly. This is completely consistent with Mr. Alvarado and Mr. Herrera's independent statements emphasizing that my client, as the group's designated driver, was sober.

Of course, had Officer Gawlik believed Mr. Deuel was drunk in public he would have had a duty to arrest him at that point rather than tell him to remove his friend, Mr. Alvarado, from the location of the ESPN booth. As you are aware, the elements for being drunk in public, include the inability to care for one's self or others. If the officers believed that he was drunk in public, then they knew he would not be able to take Mr. Alvarado from the ESPN booth. There clearly was no reason to arrest Mr. Deuel for public intoxication, as there is clear evidence that he was neither intoxicated nor exhibiting symptoms of intoxication or inebriation. Similarly, Mr. Deuel did not resist arrest. However, even if the officers claimed there was resistence, it does not constitute a crime since if Mr. Deuel was not drunk in public, then he was allowed to resist the officer's attempt to grab his clothing.

Actions ofthe officers were false arrest, false imprisonment, battery, assault, violation of Bane Act, Ralph Act and other civil rights claims, If prosecuted, malicious prosecution as well. (These all apply to Damas as well as false imprisonment.)

Governmental Claim June 26, 2012 Page 5

D. GENERAL DESCRIPTION OF THE INJURY, DAMAGE OR LOSS INCURRED.

General, special (economic and non economic) and punitive including without limitations: damages for medical treatment; psychological treatment; psychiatric treatment; loss of earnings and future earnings; loss of promotions; and other disabilities, and losses. Attorneys fees, and future attorneys fees, litigation costs and experts charges all in a sum to be proven at time of trial and such other damages as presented at trial. Also physical injuries requiring hospitalization.

E. NAME OF PUBLIC EMPLOYEES CAUSING THE INJURY, DAMAGE OR LOSS TO PLAINTIFFS INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING:

Still being investigated other than Officers Gawlik, Okimodo, Gomez and Broughhamer

F. THE AMOUNT OF CLAIMED DAMAGES EXCEED $10,000.00 AND JURISDICTION WILL BE PROPER IN LOS ANGELES SUPERIOR COURT.

If you contend this is no the proper location for a Governmental Claim, please advise of the proper address. Further, if defendants contend there are any administrative remedies not pursued by plaintiff, please advise so that we can fulfill any internal administrative remedy requirements now. Thank you.

As always, if you have any questions, please do not hesitate to contact me.

Very truly yours, Law Offices of Goldberg & Gage

A Partnership of Professional Law CO lorations .' .

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