WRONGFULLY
ACCUSSED - NOPROBABLE CAUSE - CIVIL RIGHTS VIOLATIONS – CONSPIRACY – ASSUALT
WITH A DEADLYWEAPON WITH INTENT TO COMMIT MURDER – PERJURY – SUBORNATION OF
PERJURY –PLANTING OF EVIDENCE – WITHHOLDING EXCULPATORY EVIDENCE – POLICE
SNITCH – FILINGA FALSE ARREST REPORT – EVIDENCE TAMPERING - ENTRAPMENT -
WRONGFULLY CONVICTED -AN EMERGENCY PURSUIT BASED UPON FALSEPREMISES
January
8, 2003
Inside The Mind Of Black Man Being Denied Justice
Man convicted of felony evading and other charges stemming
from a police pursuit in 2001 believes he’s the victim of a cover-up. He is
seeking new trial on the basis of ineffective defense counsel and questionable
police tactics.
By Philip A. Williams, Freelance Writer
LONG BEACH, CA – Why can’t anyone see the
cover-up that’s going on here? Why do
the courts and judges turn a blind eye to evidence that indicates Los Angeles
Police Department (LAPD) officers guilty of misconduct under color of
authority? How can someone be charged with the possession of crack cocaine when
in fact it was taken from a passenger's purse? Why would a LAPD vice squad
officer advise pursuing units that I was wanted for murder when the officers
initiating the pursuit knew the MDT reports proved otherwise? Why would an
attorney representing me tell members of my family that there were things that
they'll never know about this case? And, why is it, LAPD officers are not held
accountable for misconduct when they unjustifiably threaten to use deadly force?
These
are the exact questions that, Raynell Carmichael, would like to have
answered. He believes that there is a
major ongoing cover-up of the events and circumstances surrounding the felony
evading pursuit he and LAPD Southeast Division police officers were involved in
on March 22, 2001.
Need for a federal investigation
At
first glance, it doesn’t appear that the events and circumstances surrounding
the traffic stop of Carmichael by LAPD officers on March 22, 2001 should be
investigated by the Department of Justice; however, a careful review of the
facts in this case show otherwise and are strikingly similar to the corruption
found to have existed in LAPD’s Rampart Division. In order to understand why Carmichael believes that he is the
victim of a cover-up, it must be understood how two LAPD officers assigned to
the Southeast Division botched a simple traffic stop by mistakenly assuming he
was wanted for murder, when the Mobile Digital Terminal (MDT) printouts of
responses to the officer’s inquiries about Carmichael prove otherwise.
Carmichael seeks new trial
On
February 18, 2003, in Los Angeles Superior Court, Department 111, a judge will
decide whether he will be granted a new trial because of ineffective
counsel. If granted, Carmichael’s
current attorney could then present the affirmative defense of necessity on his
behalf. If not, as a third striker, he
faces being sentenced to 25 years to life.
Officers locate stolen vehicle associated
with murder suspect
The
events leading up to the incident for which Carmichael has been convicted,
began at 4:00 p.m. on March 22, 2001 when LAPD officers in a black and white
squad car inquired about a license plate number of a red 1987 Nissan located at
105th St. and Graham Ave. using their MDT. Their inquiry returned a report indicating that the vehicle was
stolen. Suspect information associated
with the stolen vehicle was on hold.
The officers returned to the Southeast Station to retrieve the stolen
vehicle report. They left the station
at 4:18 p.m. returning to the location of the stolen vehicle to await a tow
truck estimated to arrive at the scene in approximately 20 minutes.
Just another day of deliveries for
Carmichael
Earlier this day, Carmichael had visited his older sister, Lois, who is
a coordinating teacher, for a childcare center in Long Beach. She had asked her brother to sit down and
rest for a while. He said that he had
too many deliveries to make.
While
the officers were dealing with the various aspects of the stolen vehicle,
awaiting information about a possible suspect, Carmichael was just finishing
his deliveries of oils and incense he sells through his business, Unique
Fragrances, at the King Drew Medical Center. As he was driving, he noticed a woman that he recognized from the
Center flagging him down. Carmichael
stopped, and the woman asked for a ride home because it was too far to
walk. The woman entered the vehicle,
and Carmichael began driving again as directed by the woman.
The untold truth about the traffic stop at
107th just east of Graham Ave.
At
4:24 p.m., the officers mentioned above, ran another vehicle license plate
number check belonging to the vehicle Carmichael was driving. Then, they
stopped the 49 year-old Carmichael and a female passenger, both
African-Americans, after Carmichael turned right, eastbound on 107th
St. just east of Graham Ave. in the Watts area of Los Angeles. He was driving a blue 1990 Toyota. This is important because no reference is
made to this specific vehicle during the ensuing pursuit.
The
reason for the traffic stop was said to be due to an inoperable right rear stop
lamp. The traffic stop occurred in an
isolated area that Carmichael’s passenger had directed him to.
Approaching
Carmichael’s vehicle on the driver’s side, an officer obtained both
Carmichael’s driver’s license and personal information from the female
passenger. The officer then asked
Carmichael if he was on probation or parole.
Carmichael indicated to the office that he was on probation instead of
parole. The officer then returned to
his squad car to run the identification checks. The other officer remained standing on the passenger side of the
vehicle while his partner performed the identification and background checks on
the MDT in their squad car. Before the
officer that was performing the checks returned to the car to ask Carmichael
for his proof of insurance, he knew that Carmichael was on parole, and that
there were no wants, warrants, or retraining orders outstanding against him or
the passenger, knowing that Carmichael was not a murder suspect.
Officers respond to radio communication
with threat of deadly force
When
the officer did ask for proof of insurance, as Carmichael turned to retrieve
it, the officer told him to never mind. The officer returned to his squad car
never asking Carmichael to step out of the car so that he could conduct a
probation or parole search of the vehicle.
Carmichael then heard a message on the officer’s radio who was standing
on the passenger side of the vehicle say, “Sending backup units to your
location…suspect is wanted for murder.”
The
officer on the passenger side of Carmichael’s vehicle reacted to the message by
removing his weapon from its holster, pointing it at the passenger, telling
her, “Put your hands on top of the console,” unaware that Carmichael was not
wanted, had no warrants or restraining orders against him.
The
radio communication that the officer received was informing him that backup
units were being sent to the location of the stolen vehicle at 105th
St. and Graham Ave. and of a possible suspect wanted for murder, not to 107th
St. and Graham Ave. where the officers had stopped Carmichael and his
passenger.
Officer fails to inform partner Carmichael
is not murder suspect
Now,
the officer who had performed the identification and background checks began
drawing his firearm from its holster, telling Carmichael, "Get out of the
car," making no attempt to inform his partner that Carmichael was not
wanted, had no warrants or restraining orders against him. Up to this point in
time, Carmichael had been fully cooperative with the officers, including
surrendering his license when asked, and attempting to retrieve his proof of
insurance until told not to do so. Terrified of being shot to death or being
sent back to prison on bogus charges, Carmichael panicked, started the vehicle,
and sped off.
Officers initiate of emergency pursuit
The
officers then initiated an emergency pursuit at 4:37 p.m. as Carmichael sped
away traveling eastbound on 107th St., although the MDT printout
indicates the beginning of the pursuit to have been eastbound on 103rd at
Grape. Just as quickly as they
initiated the emergency pursuit, they also ended it at 4:37 p.m., according to
the clearly inaccurate MDT printout.
And, for whatever reason, the officer who was standing on the passenger
side of the vehicle drew his weapon, requested backup units and an air ship because
they were in pursuit of a C-6 Charles suspect – someone wanted for murder.
Unjustifiable threat of deadly force causes
Carmichael to violate conditions of parole
If
these officers were so convinced that Carmichael was the suspect wanted for
murder and backup units were being sent to their location, having drawn their
weapons, why didn’t they shoot him?
Exactly where this pursuit originated is unclear. Televised coverage of
the pursuit and a news article both indicate that the pursuit began eastbound
on 105th St. and Graham Ave., the Arrest Report states that the
pursuit began eastbound 107th St., just east of Graham Ave., and the
MDT printouts describe the pursuit beginning eastbound on 103rd and Grape
Street. Although news accounts reported
that the pursuit was initiated when Carmichael failed to stop, there was no
mention of the fact that he and the female passenger had been detained for
almost 13 minutes – 4:24 p.m. until 4:37 p.m. – according to the MDT printouts prior to the pursuit beginning
without a ticket being issued.
Woman passenger exits vehicle
During the pursuit, the officers say they observed Carmichael reach over
in front of the woman passenger and open the door, and then push her out of the
vehicle; however, the woman passenger would later state in her witness
statement that she opened the door and got out of the vehicle. The officers
then requested that a unit to go to the location where the woman was forced out
of the car, and question her on the scene.
Vice squad officer advises pursuing units
Carmichael is murder suspect
Although the Arrest Report says that another police unit responded to
the woman’s location first – a unit that does not appear in the MDT printout –
it was in fact a vice squad officer who advised units pursuing Carmichael that
he was wanted for murder based on the woman’s statements and not on the MDT
reports about Carmichael’s criminal background or parole status. The vice squad officer had the information
at hand from a second license check on the 1990 blue Toyota Carmichael was driving,
which once again returned no wants, warrants, or anything indicating that
Carmichael, or his wife Frankie – the registered owner, was wanted for murder.
End of pursuit
After
covering approximately 94 miles on both surface streets and freeways, involving
several law enforcement agencies, in Long Beach. The tires of his vehicle blew out when it ran over spike strips
laid down by the Long Beach Police Department.
Carmichael then surrendered by stopping and exiting his vehicle, and
assumed a face down position in the street.
He was taken into custody and transported to the Southeast Division
station where he was booked on felony evading.
Pursuit Similarities &
Discrepancies
Television and news reports
The
Long Beach Press-Telegram reported that, “The chase began when Los Angeles
police tried to stop the driver of a blue Nissan at 105th Street and
Graham Avenue at 4:37 p.m.” It goes on
to say, “But while suspect Raynell Carmichael had an extensive record, he was
not wanted on murder charges,” according to Los Angeles Police Officer Dan
Cox. ABC Eyewitness News reported during the
time of the pursuit, “A man believed to be a murder suspect led Los Angeles
police on a lengthy car chase Thursday.
Police assigned to the Southeast Division tried to stop the blue Nissan
about 4:40 p.m., and the driver forced a woman out of the car and sped off,
according to police and broadcast reports.” ABC Eyewitness News also reported
that the car was registered to someone with an extensive record, although the
car was registered to Carmichael’s wife, Frankie. These news reports, filled with correct and incorrect information,
illuminate the miscommunication and potential for a cover-up surrounding this
case. Isn’t it suspicious that after the two LAPD officers detained Carmichael
and his female passenger for almost 13 minutes, two different reports say that
LAPD officers then tried to stop the blue Nissan, not the blue Toyota
Carmichael was driving?
Preliminary
Hearing
When Carmichael appeared for his
preliminary hearing, his defense counsel, a Bar Panel member, offered no
affirmative defense. But it is
important to point out that during the preliminary hearing, the defense counsel
was not allowed to ask a testifying officer whether Carmichael was stopped for
any other reason than an inoperable right rear stop lamp, the reason for the
parole search, the condition of parole, in what capacity the officer knew the
female passenger, whether the officer had ever arrested her before, whether the
woman recognized the officer, or whether Carmichael was going to allow the
officer to search the vehicle.
From the onset, it became very clear that
Carmichael was not going to receive a fair trial, especially when a substantial
amount of the evidence against him was based on contradictory written and
verbal testimony of the police officers that initiated the traffic stop prior to
the pursuit.
Trial with
ineffective defense counsel
At trial, Carmichael was then confronted
with ineffective defense counsel, the coached witness testimony of a
self-admitted police snitch, having crack cocaine and drug paraphernalia taken
from the female passenger’s purse booked into evidence against him, as well as
additional instructions being given to the jury after deliberations had already
begun. Other facts that surfaced during
the trial include the officers’ admission that they had in fact drawn their
weapons although this information does not appear in either the Declaration of
Probable Cause or the Arrest Report,
to substantiate the necessity of threatening Carmichael with deadly force or that
he was resisting arrest that would justify their drawing of weapons in this
instance. In lieu of the woman’s
witness statement to the police that Carmichael was wanted for murder and that
there were empty shells on the floor inside of the vehicle – both of which
proved to be false – her statements, were accepted as evidence against
him.
Overlooked
evidence
Carmichael was not charged with being in
possession of crack cocaine, but it was booked as evidence against him because
it was found in a purse in his vehicle – a purse that would be shown to belong
to his female passenger if it were examined for its physical evidence. Why wasn’t the purse booked into evidence
when police investigators removed the illegal substance and other drug paraphernalia?
Why did they leave several other items in the purse that could have been tested
for DNA, traces of crack cocaine, and fingerprints? Why wasn’t Carmichael tested for drugs, or asked to give a blood
or urine sample for analysis? Could it
be that such testing would have established ownership of the purse? Would it
have eliminated Carmichael as the owner of the purse or the person who actually
was in possession of crack cocaine?
It is inconceivable that trained police
investigators would allow the purse to remain in the vehicle, after the vehicle
was towed to the police impound for inspection, and collection of evidence. The
fact that the purse was still in the vehicle after it was returned to
Carmichael’s wife, Frankie, should have raised some eyebrows.
Shades of Rampart
and the reason for a cover-up
It is very clear that the police officers
who initially stopped Carmichael wrote their reports in a manner to make them appear
consistent with one another in order to cover-up their blatant mistake;
however, physical evidence in the form of this purse and its contents may shed
more light on Southeast Division’s cover-up of a simple traffic stop, gone bad.
The
LAPD officers that stopped Carmichael were not where they were expected to be,
when they stopped and detained him and a passenger for almost 13 minutes. After
they threatened him with deadly force based upon a radio communication one of
the officers received regarding a suspect associated with the red 1987 Nissan –
not Carmichael or his blue 1990 Toyota.
Carmichael fled fearing for his life.
His actions ultimately assisted these officers in covering-up their
actions and conduct with false statements and inaccurate testimony and provided
them the means to justify their misconduct, which resulted in his being charged
and subsequently convicted of felony evading, violation of parole.
True justice demands a new trial and the
accountability of LAPD officers who conspire to conceal the truth
Whether Carmichael is granted a new trial or not, an investigation into
this incident by the U. S. Justice Department is warranted and would be
completely justified in order to determine to what extent LAPD officers were
responsible for causing a simple traffic stop to escalate into a full blown
police pursuit. Without an investigation by the federal authorities, Raynell
Carmichael will have been denied justice. The corruption, which once plagued
LAPD’s infamous Rampart Division for several years has, unfortunately,
now found a new home in its’ Southeast Division.
======================================================
Additional
information will be forthcoming to include discrepancies as reported during the
pursuit, which amounted to a "manhunt for a killer" who in fact was
not wanted for murder at all. And, the LAPD knew that he wasn't wanted for
murder prior to the pursuit beginning, but allowed the pursuit to continue
regardless of the truth. What would you do? Run for your life or possibly lose
your life? Raynell Carmichael didn't have any other option but to flee an
isolated area in fear of his life being taken by LAPD officers who should have
returned to 105th & Graham Ave. with the stolen vehicle report for the red
1987 Nissan Sentra awaiting suspect information and a tow truck.
Send any comments
to Philip A. Williams, Freelance Writer
Request for Assistance and Intervention of
Elected and Appointed Officials
Last revised 1/19/03