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A cop in handcuffs and cases in ruins?

Jorge Cruz
Unknown

DA may not want suspect as a witness

By MICHAEL R. SHEA
mshea@modbee.com

last updated: March 23, 2008 02:24:08 AM

The Stanislaus County district attorney's office is reviewing cases involving former Turlock police officer Jorge Cruz, who is charged with three felony sex crimes against a 17-year-old Pitman High School student and one misdemeanor count of inappropriately touching a 16-year-old Turlock girl.

Assistant District Attorney Carol Shipley said her office will review Cruz's work on a "case-by-case basis," and if Cruz is active in any pending cases as a witness or investigator, defense attorneys will be made aware of his situation.

It's the second time in recent months that the arrest of a Stanislaus County law enforcement officer has forced prosecutors and attorneys to re-examine cases involving those officers. Their involvement can give defense attorneys a chance to challenge a verdict.

Michael Galvan, a former sheriff's deputy who had been accused of rape and stealing public money, pleaded no contest to two lesser charges in Stanislaus County Superior Court on Thursday as part of a plea deal that will result in a 16-month prison sentence.

The sentencing of Jose Ulisses Duran, who was found guilty of killing 11-year-old Doris Castro, his girlfriend's little sister, was held up for months because Galvan acted as a translator in the case. It was determined that Galvan didn't have a significant role in the investigation.

"There have been a few cases in which a deputy is charged, and we have to look at each case or notify defense and let them make a motion," Shipley said. "It depends on the case. Was he the first arresting officer? Was he the second officer on the scene?"

Shipley didn't know how many cases involved Cruz.

Any case he participated in as an officer is subject to question, especially cases in which he was the lead investigator or sole provider of crucial evidence, said Stanislaus County Public Defender Tim Bazar.

Cruz, who had been with the Turlock Police Department three years but no longer works there, met the 17-year-old through the Explorer program, which encourages teens interested in law enforcement to work with local police.

Cruz also is charged with dissuading a witness from testifying on the day police announced his arrest.

Would a jury think twice?

"I would guess a jury would have a lot of problems with someone sworn to uphold the law engaged in sexual impropriety with an underage member of the community," Bazar said. "It would give a lot of pause. It affects creditability very sharply."

Cases such as home invasions and violent crimes are less likely to be affected, he said, because several officers often arrive at those scenes and a number of people are involved in collecting evidence such as witness or victim statements.

DUI cases, on the other hand, are different, Bazar said. With DUIs, a single officer is usually the sole investigator, witnessing the car swerving, conducting the field sobriety test, running the Breathalyzer at the jail.

"You can expect that to be dismissed by prosecution," Bazar said.

Maybe not, said Martha Carlton-Magaña, who spent 30 years in the public defender's office and now has a private practice in Modesto. The original rape charge against Cruz was dropped. Unlawful sexual intercourse, sodomy of a person under 18 and oral copulation were added. Many potential jurors wouldn't have a problem with a consensual relationship with a 17-year-old, Carlton-Magaña said, and that's what the charges suggest.

Cruz is scheduled to appear in Stanislaus County Superior Court at 1:30 p.m. April 2.

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