LAPD officer's suit says HB police falsely arrested him

Lawsuit alleges that ex-chief, others violated plaintiff's federal civil rights.

By Matt Krasnowski
Copley News Service

On the heels of a federal court victory for Hermosa Beach police, another lawsuit has been filed against the department, and this time the plaintiff is a Los Angeles police officer.

Samuel Marullo, a nine-year veteran based in the Los Angeles Police Department's Southwest Division, contends he was falsely arrested in 2004 on public intoxication charges after an incident on Pier Plaza.

The lawsuit accuses officers of unprofessional conduct on the day of the arrest and in court. The lawsuit names former Hermosa Police Chief Michael Lavin, interim Chief David Barr and six officers as defendants. It alleges federal civil rights violations and indifference to police abuse by the city.

Marullo is represented by lawyer Thomas Beck, who also represented 23-year-old Kenneth Agner in a lawsuit against the department stemming from a 2003 public intoxication arrest on The Strand. Jurors on Tuesday rejected all but one of Agner's complaints. A mistrial was declared on an allegation against a police sergeant after jurors split 7-1 in the sergeant's favor.

In the lawsuit filed Wednesday, Marullo contends he and another LAPD officer were in line for a taxi when words were exchanged with a person who cut in line. Two officers, Steven Saylor and Don Jones, came on the scene. Marullo approached the duo, identified himself as an officer and said that he was armed. Jones allegedly used expletives and told Marullo to leave.

Marullo told Jones: "You should go back to Wal-Mart security," the suit states. Saylor then shoved Marullo against a wall and told him: "You're going to jail."

Marullo also alleges he was abused when an officer driving him in a police cruiser hit the brakes and slammed him into the metal screen dividing the car's front and back compartments.

The suit contends officers cited him for public intoxication, but when Marullo asked to take a breath or chemical test he was denied. Marullo went to trial on the charge and was acquitted.

A representative for Barr said he was not aware of the lawsuit and had no comment.

LAPD officer Mark Pompano filed a 2004 lawsuit against the Hermosa Beach police, contending he was arrested after he called two officers "the Gestapo." That suit is still pending.

Jury OKs Hermosa officers' actions

All but one of the charges against city police in the July 4, 2003, arrest of Kenneth Agner are rejected.

By Matt Krasnowski
Copley News Service

A jury on Tuesday almost entirely rejected a lawsuit that alleged Hermosa Beach police officers used excessive force during the July 4, 2003, arrest and pepper-spraying of a man on The Strand.

The verdict came on the second full day of deliberations after a trial that stretched over two weeks stemming from a lawsuit filed by 23-year-old Kenneth Agner accusing the department and officers of civil rights violations, assault and battery, false arrest, infliction of emotional distress, and negligence.

During closing arguments last week, Agner's lawyer, Thomas Beck, asked jurors to award Agner $750,000. Even though they didn't need to, jurors wrote a "0" on the verdict form where they state the amount of damages awarded, said U.S. Magistrate Judge Jeffrey Johnson.

Johnson offered Agner the chance to speak with jurors after the verdict was read, but Agner instead quickly left court.

Just one allegation was left undecided by the eight-person panel: a question of whether police Sgt. Raul Saldana used excessive force against Agner. The jury split 7-1 in favor of Saldana on the question.

A videotape of the arrest shows Saldana spraying pepper spray in Agner's face. The defense said Saldana used the spray because Agner, although handcuffed, was resisting getting into a patrol car and trying to incite a large crowd gathered at the beach. Beck contended that Saldana sprayed it in Agner's mouth to shut him up.

On every other question involving Saldana and other defendants named in the complaint, the jury unanimously found in their favor.

Johnson declared a mistrial on the excessive force claim involving Saldana, which means that Agner can continue to pursue the lawsuit against him.

"This is a tremendous win for the judicial system. This is a tremendous win for the Hermosa Beach Police Department," said S. Frank Harrell, the lead lawyer defending the city, two officers, three sergeants and former Chief Michael Lavin.

"I'm glad all the other officers were found not guilty," Saldana said. "I'm glad it was 7-1 in my favor.

"I wouldn't change anything. I did everything right. I did everything within policy. I did everything within the law. We have a right and an obligation to use force. We're paid to do that. We're not paid to have some guy try and incite a riot on the Fourth of July. That was foremost in my mind. I've been in riots; I know what it's like. It's scary."

Harrell said Saldana "did a terrific job at trial explaining how he used reasonable force against a person who was later convicted of a crime."

Before speaking with jurors, Beck said the panel "worked hard" and that it wasn't his business to disagree with their decision.

He added that "without a doubt" he would pursue Agner's complaint against Saldana.

Harrell said given the 7-1 split, "it would be a waste of (Beck's) time to do that."

The lawsuit stems from the afternoon arrests of Agner and a friend on the bustling Strand. Officers Don Jones and David Bohacik took them into custody on allegations that they were grabbing women and public intoxication.

Agner contended he was targeted by the officers because he complained to them about their treatment of a man in a nearby park.

He acknowledged he had been drinking earlier in the day but said he was sober at the time of his arrest and did not grab any women. But he was convicted on charges in connection with this arrest, lawyers said.

Agner said he was handcuffed so tightly that he was bleeding from the wrist and that he had his legs kicked out from under him.

Much of his arrest was captured on a video recording by a bystander. Throughout it, Agner is shouting profanities at the officers.

Besides finding for Bohacik and Jones, jurors also found in favor of Lavin, Sgt. Nancy Cook and Sgt. Paul Wolcott, who were defendants in the complaint.

$750,000 is sought in lawsuit over HB case

Lawyer argues that client who was taken into custody and blasted with pepper spray in the mouth in 2003 should be compensated.

By Matt Krasnowski
Copley News Service

A lawyer asked jurors Friday to award $750,000 to a man who contends he was unjustly arrested three years ago and blasted in the mouth with pepper spray by Hermosa Beach police to keep him quiet.

Lawyer Thomas Beck said the police actions during the videotaped July 4, 2003, arrest of 23-year-old Kenneth Agner were "excessive, unnecessary and unreasonable."

Beck said that officers didn't like that Agner was complaining about the arrest and sprayed him in the mouth "to shut him up."

"They were mad at him, he was mad at them and they were going to show him who's boss," Beck said.

But S. Frank Harrell, a lawyer for the city, told jurors that Agner deserved no money, couldn't be trusted and was trying to stain the reputations of the officers who arrested him on charges of public intoxication and groping women.

"Is there anything he could have done to avoid being arrested that day?" Harrell asked jurors. "He could have stayed sober and not grabbed the butts of girls."

The arguments wrapped up the trial that stretched over two weeks stemming from a lawsuit that accused the department and officers of civil rights violations, assault and battery, false arrest, infliction of emotional distress and negligence. Jurors are slated to return on Monday to U.S. District Court in Los Angeles to begin deliberations.

Friday's summations marked the first time Agner's lawyer requested a specific damage award in the lawsuit. Beck contended that Agner suffered emotional damage from the arrest and became so disillusioned with law enforcement that it ended his dreams of someday serving his country working for the CIA. Agner also contended he was handcuffed so tightly that he bled from the wrist.

But citing a snippet of testimony from Agner's deposition, Harrell argued that Agner wanted the money to spend on "cars and girls." Harrell also said Agner produced no medical records documenting any injuries.

Agner contends he was arrested on trumped-up charges and targeted by officers that day because he complained to them over their treatment of a man in a park near The Strand.

Much of Agner's arrest was captured on videotape by a bystander at The Strand. The video showed Agner being led from the beach in handcuffs and having his legs kicked out from under him to force him to sit down at a curb. After that, Agner started shouting profanities at officer David Bohacik and many beach denizens started looking on.

Agner acknowledged in his testimony that some of his loud complaints were in hope of getting the beach crowd on his side. On the videotape, when a police cruiser pulled up to take Agner away, officers appear to struggle to get him in the vehicle. Agner contended that his head was pulled back as Sgt. Raul Saldana sprayed him with pepper spray in the face and mouth.

Harrell told jurors that Saldana sprayed Agner because he wasn't complying with orders to get in the car and because officers feared the possibly intoxicated beach crowd might get out of control.

Harrell said Saldana used the spray because he's a "professional officer (and) ... because he didn't want anyone to get hurt."

The lawyer wrapped up his argument by asking jurors to find in favor of the officers.

"Don't stain them with this. Don't," Harrell said.

"Whatever stain comes from this case, the defendants deserve it," Beck replied.

Hermosa: Developer must provide free parking

City says members of 24-Hour Fitness didn't buy into Hermosa Pavilion's $1-per-hour charge, so it will have to drop the fee.

The owner, Gene Shook, said the order violates state and federal constitutional regulations.

By Andrea Sudano
Daily Breeze

It's a daily occurrence for Hermosa Beach residents like Kammi Howlett.

Every day, she sees a driver park outside her 17th Street home, change into workout clothes and sprint across the highway to the Hermosa Pavilion's 24-Hour Fitness center.

All that to save the dollar it would cost to park in the center's garage, Howlett said.

"It's just really offensive," she said. "I don't feel like I want to be in my house. ... It is constant. It's 24 hours a day."

Hoping to get stair climbers and iron pumpers off clogged residential streets, the City Council on Tuesday ordered the development's owner to provide two hours of free parking in the attached garage for at least six months.

"If people are fighting for their life to cross the street, that's pretty good evidence they don't want to pay to park," Councilman Michael Keegan said.

The council's unanimous decision upheld a recommendation made by the Planning Commission in April when it conducted a review of the parking setup at the recently renovated facility.

"We took a six-month look and paid parking didn't take," Councilman Sam Edgerton said. "Now we have a logjam of people."

About a dozen residents Tuesday shared stories of gym-goers wrecking rose bushes and stop signs on streets adjacent to the Pavilion, all for the sake of saving a buck.

An attorney for development owner Gene Shook argued that forcing free parking violates state and federal constitutional regulations that keep governments from taking public property without just compensation, as well as Shook's right to due process. In a letter to the city, attorney Sean O'Connor stated his client could lose up to $1 million a year if he doesn't collect for parking.

The city can use police powers under the state constitution to regulate parking fees, said Hermosa Beach City Attorney Michael Jenkins, who added that the parking garage was not considered a separate business when the development was approved several years ago.

Regardless, O'Connor alluded to a legal challenge, insisting city-forced free parking would leave him with "very little choice but to fight this forward."

But signs announcing free parking for two hours for Pavilion patrons still went up Wednesday outside the garage.

Shook wasn't so sure it would keep gym users off the street.

"The most effective way to control parking is by creating residential permit parking," he said. "I think the city needs to do things to combat that. In the meantime, for the residents in the area, their best solution is a parking district."

Recently renovated, the Hermosa Pavilion has been a hotbed for parking perils since its 1989 opening.

In its original configuration, the parking garage was difficult to navigate, city officials said. Until 1999, AMC Theaters was a major tenant, and mass exoduses from the garage when films finished only compounded parking problems, city officials said.

And it could soon worsen, residents fear.

The city's Planning Commission is set next week to debate an upscale restaurant and bar that Shook envisions for the development.

"That is just going to intensify everything when there's alcohol involved and parking on our streets," Howlett said.

Modesto captain will lead HB police

City hopes Greg Savelli can ease turmoil caused by lawsuits and department bickering.

By Andrea Sudano
Daily Breeze

Hermosa Beach city officials have looked north for a new chief of police, selecting for the job a Modesto Police Department captain they hope can unify a disjointed force.

After a four-month search and much speculation, Modesto police Capt. Greg Savelli will take the helm of the Hermosa Beach Police Department on July 31, City Manager Steve Burrell said Wednesday.

Savelli's leadership skills helped him nail the position, said Burrell, who is confident the new chief can help heal a department recently plagued by civil lawsuits and internal strife.

"It's really a matter of providing the leadership and direction to lead the department forward," Burrell said. "I'm really confident that he has these skills. With the skill set that he has and the experience, we'll see the result in the future."

The Marin County native believes he can effectively handle internal bickering within the department without compromising service to the city.

"You often become adversaries in discipline," Savelli said. "The goal is to provide good services to the community. Even though there are internal issues, they shouldn't jeopardize that goal."

With 26 years experience as a police officer, Savelli worked in several agencies throughout the state, including Cathedral City, San Rafael and Mill Valley.

The 47-year-old believes that experience bodes well for him in Hermosa Beach, a small city with a small police department.

"I'm comfortable in that environment," Savelli said. "(The city) was looking for someone comfortable in a hands-on environment (and) thought I was well-suited for that."

Savelli is not unfamiliar with controversy, though.

He was named in a federal lawsuit filed by the Cathedral City Police Officers Association in 2002, charging that he and three other high-ranking police officials proliferated "a culture of retribution, preferential hiring and career-derailing tactics within the department," the Desert Sun reported in 2002.

The case eventually fizzled, and Burrell said the suit did not affect his decision.

"It was not a factor because we are so familiar with things like that," Burrell said. "He along with a lot of management were named. Honestly, we looked into that and there wasn't anything. ... The issue is over with, and was sort of an internal issue also."

Single with no children, Savelli has a bachelor's degree from the University of Redlands and a master's degree in criminal justice from Chapman University. He is also a graduate of the FBI National Academy and the West Point Leadership Program.

One of Savelli's biggest hurdles, of course, could be the pricey South Bay real estate market.

In the South Bay, Hermosa Beach experienced the highest increase in property assessments last year, according to a study released this week by the Los Angeles County Tax Assessor's Office.

"I'm currently looking to rent a condominium or a house," Savelli said. "I need to sell my property here before I look down there. ... One of my hobbies, so to speak, is real estate. I have a real estate broker's license. ... I know the difference in prices here and there."

His salary should help. Hermosa Beach's chief of police position carries a salary of up to $126,000, along with benefits and the choice of a vehicle allowance or a car.

Man relives July 4 arrest 3 years later

A 23-year-old contends he was roughed up unfairly by police on The Strand in Hermosa Beach in 2003. Officers said he didn't listen to orders.

By Matt Krasnowski
Copley News Service

A boisterous, pepper-spray-aided and videotaped Fourth of July arrest three years ago on The Strand in Hermosa Beach played out again Wednesday in a downtown Los Angeles courtroom as a man testified that he was handled unjustly and roughly by officers.

"To me, everything that had been happening to me did not seem fair or right or could be protected by law," the lawsuit's plaintiff, 23-year-old Kenneth Agner, told an eight-person federal court jury panel considering his civil suit.

But one of the officers involved in the arrest told jurors that it was Agner who encouraged the rough treatment and a blast of pepper spray to the face by not complying with officer demands to get into a police cruiser.

"It was all on Mr. Agner," testified Hermosa Beach police Sgt. Raul Saldana.

Jurors are considering Agner's 2004 federal lawsuit, accusing the department and officers of civil rights violations, assault and battery, false arrest, infliction of emotional distress and negligence. The lawsuit does not ask for a specific monetary damage award.

Agner and a friend were taken into custody that day on allegations that they were harassing women on the beach and for public intoxication.

He contends he was arrested because he piped up to officers who were questioning a homeless man in a park near The Strand.

"Let him have his freedom; it's Independence Day," he testified telling the officers. "If you're looking to fight and be tough, why don't you go to Iraq?"

Agner said the officers told him to leave and he did.

He said he returned to the beach with his brother and friends and later encountered officers again when they were questioned about reports of women being harassed. One of his friends told the officers that he didn't do it because he was gay.

That man was handcuffed by an officer. When Agner complained, he, too, was handcuffed by officer David Bohacik.

Agner said that the cuffs were so tight that he was bleeding from the wrist. He said Bohacik then wrenched his arms, increasing the pain.

Bohacik and officer Don Jones then moved Agner to a curb, and he contends the officers kicked his legs out from under him and dropped him to the ground.

Much of the arrest was caught on videotape by a bystander -- who occasionally panned away from the action to record commentary by a man wearing a stars and stripes tie and attempting an impersonation of President Bush.

Throughout the episode, Agner is heard and seen loudly shouting profanities at the officers. The officers, dressed in dark golf shirts and shorts, are heard on the recording occasionally.

Agner, who spoke softly and haltingly in court, acknowledged that he was hoping to get the beach crowd gathering nearby on his side and was pleased to see the arrest was being videotaped.

He acknowledged that he was drinking that day. He said he drove from his job in Van Nuys to a friend's home in Westchester and had a "Jell-O shot" and a bloody mary before 10 a.m. He said that he had not had any alcohol from that point on. He said his friends and brother took cabs to the beach, where they played Frisbee, body surfed and swam.

When a police cruiser arrived to take him away, Agner testified that no officer instructed him to get into the vehicle, but instead Jones kept pushing his body into the frame of the car like a "circle block into a square hole." Then Jones pulled his hair and head back, holding him still as Saldana applied the pepper spray.

Agner said it burned his eyes, mouth and throat and he was having difficulty breathing. In earlier testimony, Sgt. Paul Wolcott, who jailed Agner, testified that he did not see any wounds on Agner's wrists. The sergeant testified that the department gets an excessive number of calls on the Fourth of July holiday involving public intoxication and fights.

He described Agner as belligerent, slurring his words and unsteady on his feet. When Wolcott asked him his name or other information, Agner replied in profanities.

Agner was kept in a cell for intoxicated detainees. He said he was released at 2 a.m.

His testimony is expected to continue today. Jurors could be deliberating evidence by Friday.

Hermosa is close to hiring new police chief

Unofficially, Capt. Greg Savelli of the Modesto police is the candidate most likely to get the job.

By Andrea Sudano
Daily Breeze

Wrapping up a nearly four-month search for a new chief of police, Hermosa Beach city officials have narrowed their choices to one candidate, apparently focusing on a Modesto Police Department captain.

Capt. Greg Savelli, reached in Modesto late last week, said he is in the running for the Hermosa Beach position pending the results of a physical examination, but wouldn't confirm he had been offered the job yet.

Michael Earl, Hermosa Beach's personnel and risk management director, said the city is performing final background checks on one remaining candidate to replace former Chief Michael Lavin.

Earl would not, however, confirm the candidate was Savelli, saying an announcement should come this week, when City Manager Steve Burrell returns from vacation.

Interim Chief David Barr said he did not know if Savelli had been offered the position, but did confirm the former Cathedral City police lieutenant was one of the remaining candidates in the city's search.

Barr has served as interim chief since Lavin departed the city in February amid a year of departmental turmoil and recent civil lawsuits recently alleging excessive force.

Savelli has been with the Modesto Police Department for the past 3½ years, said Chief Roy Wasden, who added that the captain had been competing for several chief positions, including Hermosa Beach's.

"He's a great leader, a really good man," Wasden said. "He's just a solid, solid police leader."

But Savelli does not come without controversy.

He was named in a federal lawsuit filed by the Cathedral City Police Officers Association in 2002. The suit claimed he and three other high-ranking police officials proliferated "a culture of retribution, preferential hiring and career-derailing tactics within the department," the Desert Sun reported in 2002.

A U.S. District Court Judge issued a summary judgment in 2004, saying the association didn't have enough evidence to go to trial, the Sun reported.

Hermosa Beach's chief of police position carries a salary of up to $126,000, along with benefits and the choice of a vehicle allowance or a car.

Highest crime, leanest police force

Hawthorne, already with the fewest officers per capita, will vote on a budget that could deplete it further. The city has fewer officers for its size than any of its beach-city neighbors, police statistics show.

By Doug Irving
Daily Breeze

Hawthorne is battling some of the highest levels of violent crime in the South Bay but has fewer police officers for its size than any of its beach-city neighbors, police statistics show.

In fact, Hawthorne has a smaller force of sworn officers than Redondo Beach, a city with thousands fewer residents and a fraction of the crime. Even at full strength, Hawthorne's department can muster only 1.19 officers for every 1,000 residents, a ratio that lags those of every other major department in the South Bay.

That ratio provides an imperfect measure of the department, police experts say -- one that ignores such key factors as demographics, response times and the daily workload. Still, it allows some comparison of staffing levels among widely different police departments.

"On any given day, you can be pushed to your limit," said Lt. Tom Jester, a spokesman for the Hawthorne police. But, he added, "in no way is it compromising public safety."

Hawthorne's Police Department has an authorized strength of 103 sworn officers -- on paper. In reality, retirements and hiring freezes have ensured that the department never reaches that staffing level; it currently has the money to pay for only 95 officers, Jester said.

City leaders are scheduled to vote Tuesday on a new budget that appears to omit three more officers from the payroll. City officials have said they intend to keep the department fully staffed and even fill some existing vacancies on the force.

But they have not been able to explain where the money will come from to cover the officers apparently excluded from the budget. The city's finance director, Jag Pathirana, did not return several phone calls seeking comment.

Hawthorne's crime rate has fallen sharply in recent years. Nonetheless, it led South Bay cities by a wide margin last year in the sheer number of serious crimes committed inside its borders.

It reported more than 2,400 major crimes -- assaults, robberies, auto thefts and homicides. No other South Bay city broke 2,000.

Officers in Hawthorne, Jester said, tend to be "a little bit busier than just about anybody."

El Segundo has by far the highest staffing levels, at more than four officers per 1,000 residents. The city has a small population, Lt. Walt Krumbach said, but its police also must patrol some of the region's busiest streets and industrial centers during the day.

The rest of the South Bay departments had rates of 1.5 to two officers per 1,000 residents. The Los Angeles Police Department and Los Angeles County Sheriff's Department, which also patrol large parts of the South Bay, had higher staffing rates but also have more specialized policing teams and a much broader territory to cover.

Police agencies use "a little bit of calculated guesswork" to determine how many officers they need, said Sgt. Paul Wolcott of the Hermosa Beach Police Department. "I don't know that there's any one formula that will work for all cities," he added.

The Daily Breeze obtained the latest staffing levels of sworn officers for each of the major departments in the South Bay.

It then divided those numbers by the most recent population estimates from the U.S. Census Bureau, from 2004, to calculate the number of officers for every 1,000 residents.

Police experts caution that the ratio of officers to residents can be a misleading statistic. The International Association of Chiefs of Police, for example, considers it "totally inappropriate" for making staffing decisions.

The problem, police groups say, is that it treats all cities the same -- big and small, rich and poor, young and old. In reality, any number of factors can influence crime rates and call volumes and, therefore, the number of police officers needed.

"It's no exact science -- and maybe (takes) a little Ouija board," said Chief Steve Krull of Livermore, the president of the California Police Chiefs Association.

Hermosa Beach, for example, has a small population but a bustling nightclub district that requires more of a police presence on weekend nights. Redondo Beach police have more area to cover and need to station officers around the clock in both the north and south sides of town.

The FBI uses the number of officers per 1,000 residents as one measure of the nation's law enforcement agencies. The national average for cities is 2.3 sworn officers for every 1,000 residents, although that number is skewed by East Coast departments that tend to have much higher staffing levels.

The FBI's annual staffing report includes a cautionary note: A gambling town may have different police needs than a military town; a college town may have different needs than a retirement enclave.

The ratio of police officers to residents "is useful as a barometric reading when it's compared to all the other variables," said Bob Stresak, a spokesman for California's Commission on Peace Officer Standards and Training.

But he added: "It's a moving target. It's all relative to what you're dealing with at the moment."

Hermosa Beach nearing selection of new chief of police

Ex-leader retired in February but the city manager says the process, including recruitment, interviews and background checks, is on schedule.

By Andrea Sudano
DAILY BREEZE

Hermosa Beach city leaders are in the final stages of choosing a new police chief and expect to make their selection in coming weeks, officials said Thursday.

The city is performing final background checks to narrow the field of candidates to replace former Chief Michael Lavin, said City Manager Steve Burrell.

"We'll probably be done in the next few weeks," he said. "It's just the normal process -- recruitment and interviews."

Burrell declined to reveal how many people are still vying for the position or whether the candidates are Hermosa Beach police officers or from other departments.

The position comes with a salary of up to $126,000, along with benefits and the choice of a vehicle allowance or a car, Burrell said.

Lavin announced his intent to retire last fall and left the city nearly four months ago, but Burrell and other city leaders believe the search for his replacement is running on schedule.

"There's a timetable that's standard," City Councilman Michael Keegan said. "I've not seen an overly extended period of time for the evaluation. We've set deadlines and they've met them."

Lavin's last day with the city was Feb. 9. Days later, David Barr, former chief of the La Palma Police Department, took over as interim chief in Hermosa.

Barr, who has also served as associate dean and director of the Criminal Justice Training Center at Golden West College in Huntington Beach, was credited with implementing ethical standards at his previous department.

The city waited until March to advertise the open position, Burrell said, leaving time for Barr to scope out the department that has suffered more than a dozen civil lawsuits recently alleging excessive force.

"I wanted to have an interim chief come in for a while to give me a review or look at the department," Burrell said.

Barr will show off that experience Monday at a forum for residents on crime prevention.

"It's a meet-and-greet, open-ended, kind of a neat thing sponsored by the Neighborhood Watch," Burrell said. "Dave's been in the police business a long time."

Barr is not a candidate for police chief, Burrell said.

City officials are focused on finding a leader to manage the department, reach out to schools and assist early planning of a new police and fire facility.

"I think what we expect of the new chief is to lead the department forward and make sure the department runs efficiently and operates well, and everyone does what they're supposed to," Burrell said.

The new chief could have his work cut out for him or her, though. In addition to civil lawsuits filed against the department, the force has been plagued in the last year by internal strife between management and officers.

"I'm hoping whoever comes in can put that to rest," Mayor Peter Tucker said. "There's been some infighting or maybe power struggles. It's kind of too bad. ... It's too laid back a community to have that kind of stuff going on."

6 arrested in Hermosa in cross-country ID theft

Local police say they got involved when a suspect linked to an Illinois case used a fake driver's license at a Hermosa Beach bank.

By Larry Altman
DAILY BREEZE

Police from Hermosa Beach to Illinois have cracked a suspected identity theft ring, arresting six people suspected of stealing people's banking information to open fake accounts, authorities said Monday.

The elaborate operation went as far as establishing fictitious businesses in DuPage and Cook counties in Illinois, where the suspects filled bank accounts with phony checks and then withdrew cash, police said.

The case began in March when police in Naperville, Ill., began investigating an identity theft case in which a business' bank account was compromised, Naperville police Detective John McAnally said.

Hermosa Beach police became involved in the investigation in April when Gary Jason Young, 25, of Highland tried to cash a check at a Hermosa Beach bank. Young used a counterfeit driver's license, Hermosa Beach police Sgt. Paul Wolcott said.

Detectives developed information that linked him with Naperville and other areas. Naperville police found many of the identity theft victims in Anaheim, McAnally said. In Illinois, the suspects used the stolen information and established accounts with Chase, Charter One, Mid America and Washington Mutual banks, Wolcott said.

McAnally said they filled out paperwork with county clerks' offices to establish business identities. They also used the Internet, opening "virtual offices" on the HQ Global Web site to make themselves look legitimate, Wolcott said.

Police are continuing to investigate how the suspects gained access to the bank accounts of their victims.

Police made several arrests last week. Arrested were Faramaz Kiasi, 47, of Anaheim; Kimberly Sue Lebo, 23, of Manhattan Beach; Jennifer Lee Dubois-Fortenberry, 32, of Saugus; Robert Castie Betor III, 28, of Rialto; and Arturo Jesus Guizar, 35, of Anaheim.

They are expected to be extradited to face charges in Illinois. The charges include grand theft, forgery, identity theft, burglary and possession of forged checks.

Dubois-Fortenberry also was arrested on suspicion of possession of 113 doses of Ecstasy, Wolcott said.

Also involved in the investigation were Anaheim police officers, San Bernardino and Los Angeles county sheriff's deputies and agents from the U.S. Marshal's Service.

Burglaries spike in Manhattan, Hermosa

Police caution beach cities residents about the danger of getting lulled "into a false sense of security."

By Larry Altman
Daily Breeze

The sun is out. Ocean breezes are blowing. Windows are wide open.

Burglars, police say, know this.

Manhattan Beach has been hit with a 37 percent increase in residential burglaries, primarily at homes where the occupants failed to close their doors and windows when they went out, police say.

Hermosa Beach also saw an increase in burglaries -- from 137 in 2004 to 187 in 2005 -- largely because of the same problem.

"People living at the beach have a tendency to lull themselves into a false sense of security when it comes to leaving their doors and windows open," Hermosa Beach police Sgt. Paul Wolcott said.

"We drive around on patrol and we find garage doors open with doors that lead directly into the house. It's not like (residents) are asking for it; they don't believe it can happen to them."

Manhattan Beach police reported this month that they recorded 63 residential burglaries from Jan. 1 to May 31, primarily west of Sepulveda Boulevard in the tree, gas light and sand areas.

During the same period in 2005, the city had 46 residential burglaries.

So far this year, 53 of the 63 burglaries were committed at homes with open garage doors, unlocked windows or open doors, Manhattan Beach police Capt. Randy Leaf said.

Of the approximately 25 crimes in May, only one involved forced entry.

"Give us a hand," Leaf said. "Lock and close your doors and windows when you are not there."

Burglars primarily are taking surfboards, tools and golf clubs from garages, along with cameras, jewelry, laptop computers, money and easily concealed items such as MP3 players from inside homes, Leaf said.

With summer almost here, burglars know more windows and doors will be left open.

"It's a crime of opportunity," Wolcott said. "It always increases during this time."

Burglars, in fact, case neighborhoods looking for easy prey.

"People think this is not going to happen at the beach," Wolcott said. "Even if you are home, close your garage door. If you are not home, make sure you close your garage door, your windows and your doors."

Leaf urged residents to keep watch on their streets and to "look out for their neighbors."

Police said anything suspicious -- no matter how minor -- should be reported to police.

A not-so-smooth move for street?

Reduction of lanes on Pier Avenue is a test, but many Hermosans already give it an F because of increased congestion.

By Andrea Sudano
DAILY BREEZE

Tricia Courtney steered clear of downtown Hermosa Beach all weekend. Neither a pro volleyball tournament nor beach-friendly weather could lure her to the main drag in town.

Like many other residents, Courtney was unhappy about increased traffic congestion along Pier Avenue since the city re-striped the roadway to eliminate one lane in each direction.

"My husband and I were like, 'What moron thought up that idea?' " said Courtney, a 16-year Hermosa Beach resident. "I tried to avoid it all weekend. I drove it on Friday, and that was enough for me."

The city re-striped Pier Avenue from Bard Street to Hermosa Avenue nearly a week ago, reducing two lanes of traffic in both directions to one each way, with a large center turn lane running down the east-west commercial corridor.

The change -- part of a test examining possibilities for an upcoming Pier Avenue overhaul -- has already prompted angry phone calls to City Hall, said Rick Morgan, director of public works.

"We're having some problems with it," he said. "We're getting lots of community feedback.

"It's causing backups, slowing travel time down that street. ... The initial reaction is (they are) unacceptable delays."

Morgan had received nearly two dozen calls about the project, and just a few have praised the lane changes and the longer parking stalls.

He said local shopkeepers had only positive things to say, a claim echoed in Pier Avenue businesses Monday, as foot and car traffic was light.

"I didn't even notice they changed it," said Coral Taylor, an employee at Nu Shuz shoe store.

The Hermosa Beach Police Department, however, had noticed the change but said it was too early to know the effects on the city.

"It's been less than a week," Sgt. Paul Wolcott said. "Until we've had an opportunity to evaluate it over a long period of time, it's kind of a 'let's-see-how-this-goes' thing."

The city and police plan to examine traffic counts on Eighth Street and Gould Avenue, east-west arteries that Morgan said commuters have used to bypass a jammed Pier Avenue.

Eighth Street resident Jo Karambelas hadn't yet noticed more traffic outside her home, but she said it's only a matter of time before more cars begin cutting through her street.

"They do bypass (Pier Avenue) here because it's easy, but I couldn't tell you any more than usual," the nearly 12-year resident said. "It's going to make it much worse."

Morgan urged residents to give the corridor changes a chance.

"You've got to give me a little time," he said. "I have to see total gridlock or something really hazardous to make me light a fire. It's change. Nobody likes change."

In January, the Public Works Commission approved the lane reduction for a six-month trial period, but Morgan said the experiment could be shortened if the outcome is unfavorable.

The trial marks the beginning of a $2 million plan to refurbish the downtown gateway by next summer.

Paid for with funds from Proposition C, a countywide sales-tax increase for transportation improvements, the revamped Pier Avenue between Hermosa Avenue and Pacific Coast Highway will feature new paving, curbs, gutters, sidewalks, street lighting and palm trees at street corners.

142 votes win Bobko a spot on HB City Council

"I thought it was gonna be close," said the victor, who will take over the vacant seat in July.

By Gene Maddaus
Daily Breeze

Patrick "Kit" Bobko emerged with a narrow victory to capture the vacant seat on the Hermosa Beach City Council, beating his closest competitor by 142 votes.

Bobko, who finished behind Jeff Duclos in November, won 40.7 percent of the vote Tuesday to runner-up Duclos' 36.2 percent. He is expected to take office in mid-July.

"I thought it was gonna be close," Bobko said. "I can't say I was expecting to win."

For Duclos, it was "always the bridesmaid, never the bride." Duclos finished fourth in the race for three council seats in November. When the second-place finisher, Howard Fishman, stepped aside to care for his ailing wife, two council members wanted to appoint Duclos to fill the vacant seat.

The other two objected, prompting Tuesday's special election.

"When we were forced into this special election, I had $187 left in my campaign funds," Duclos said. "I knew I was never going to be able to spend what my fellow candidates did. I'm really proud of the campaign we ran. It was an old-fashioned grass-roots effort."

Bobko, 36, is a municipal attorney and former Air Force captain. Duclos, 61, is a home-based communications consultant. Bobko said he hopes to work on improving infrastructure, disaster preparedness, and public safety during his term on the council.

"The council makes decisions too much based on personality," he said. "The first thing I want to do is bring a sense of optimism and enthusiasm back to the council."

Duclos, a longtime Hermosa Beach resident, said he was disappointed by Bobko's campaign.

"I'd be less than truthful if I didn't express my disappointment in him for his deceptions at the end of the campaign," he said. "It was a little too much old-school Hermosa Beach politics."

Contract lawsuit at center of council candidates' concerns

All four Hermosa Beach candidates say the action brought by Macpherson Oil Co. must be resolved. They differ on the most effective way to do that.

By Deepa Bharath
DAILY BREEZE

Just how to handle an oil company's $500 million breach of contract lawsuit against the city of Hermosa Beach has emerged as a central issue in the race for a City Council seat.

All four candidates in the June 6 special election said the suit by Macpherson Oil Co., which could potentially bankrupt the city, is one of their main concerns, and they don't agree on how to best resolve it.

Jeff Maxwell said he would settle, while Janice Brittain would not. Patrick "Kit" Bobko said he wouldn't rush into a settlement; he would wait for now. Jeff Duclos said he would like to see a resolution to the suit, but couldn't say if he would settle now, not without knowing the terms.

Macpherson acquired oil drilling rights in 1992 through lease arrangements with the city. Before any drilling started, voters in 1995 passed Measure E to ban oil drilling in town. The Hermosa Beach City Council voted in 1998 to deny Macpherson drilling permits based on a consultant's opinion that it would be unsafe.

Later that year, Macpherson filed a lawsuit alleging breach of contract. In 2002, a Los Angeles Superior Court judge upheld Measure E as an effective and legal end to a slant-drilling lease held by the Santa Monica-based petroleum company. But an appellate court overturned that decision last summer. The city appealed to the state Supreme Court, which denied the appeal in November.

Bobko, a municipal attorney who prosecuted cases for Hermosa Beach from 2000 to 2004, said the city should "watch and wait" on the Macpherson case.  "This is like buying a used car," he said. "You can't go in and tell the salesman you're going to buy, no matter what. Settlement is always an option, but it's important to be patient."

Maxwell said he sees the Macpherson issue "as a time bomb waiting to explode."  "There's a 50 percent chance here that we'll go bankrupt," he said. "If I were on the City Council, I'd look to settle."

Brittain said she would be reluctant to settle.  "I think the city should stick with the process," she said. "I don't think that we should give up and settle for the big amount (Macpherson Oil) seems to be asking for."

Duclos said he, like most others, is looking for a resolution to the conflict that has been raging for the past 15 years or so.  "The numbers that have been thrown out make it a significant issue for the city," he said. "But that said, I don't think the numbers are anywhere near realistic."

Duclos said apart from the Macpherson lawsuit, he only sees two major issues in Hermosa Beach.  "Public safety and infrastructure," he summarized. "Our quality of life in this town largely depends on those two factors."

The city must find a way to allocate money to keep its streets and key facilities in good shape, Duclos said.  "Our fire facility is in a state of disrepair," he said. "Our City Hall seems worse than a World War II bunker. We keep doing patchwork here and there. We fix stuff, but we're not enhancing or building our community in any way."

Maxwell said his primary goal as a councilman is to remain accountable to his constituents.  "I don't think there's much accountability right now," he said. "People are not getting answers to their questions. I'd like to change that."

Keeping the beach clean is also high on his priority list, Maxwell said.  He said neighboring Manhattan Beach got its wake-up call in January with a massive sewage spill that flooded homes and discharged 2 million gallons of raw sewage onto the sand.  "I think we need to be alert and work toward avoiding situations like that," Maxwell said.

Brittain said her main concern is communication.  "I don't think city officials are communicating very well with the public," she said. "The city needs to clarify their policies to people."

Brittain gave the example of the issue of lot mergers that came up recently with a property owner on Prospect Avenue.   The owner had gone through the planning process with the understanding that he could build two homes on his lots, but was told later that the lots must be merged.  "That should've never happened," Brittain said. "City policies and regulations must always be clear and well communicated."

Bobko said his big issues apart from the Macpherson case are public safety, parking, density and "infusing optimistic leadership" into the council.  "Our Police Department is going through a crisis," he said. "We need to go through the process of strengthening not only our Police Department, but also our Fire Department and improve our level of disaster-preparedness."

Bobko said he would also be eager to create a "fertile business environment" in the city, which he said is one of the best ways to increase city revenue.  "By creating a business corridor in Hermosa Beach, we'll increase our sales tax base," he said.

Three out of the four candidates -- Bobko, Duclos and Maxwell -- ran, and lost, in the November council election. Howard Fishman, who was elected to the council in November, declined to take his seat after his wife was diagnosed with a serious illness. It is this seat that the candidates are vying for in the June election.

3 Hermosa Beach city council candidates boycott a forum

One says the Q & A format "didn't feel right." Janice Brittain was the sole contender to attend the session.

By Deepa Bharath
DAILY BREEZE

Three of the four Hermosa Beach City Council candidates vying for the vacant seat in the June 6 election said they would not attend a candidates forum held by a community group Thursday night because they were not comfortable with the format.

The Hermosa Beach Neighborhood Association, a community watchdog group founded by resident Al Benson, announced its first candidates forum this year.

But as it turned out, it ended up as a question-and-answer session between one candidate, Janice Brittain, and the audience.

Candidates Jeff Duclos, Patrick "Kit" Bobko and Jeff Maxwell took a pass on the event.

Brittain is the only candidate in this election who did not run in November. In the fall contest, Duclos finished fourth behind incumbent J.R. Reviczky, Bobko finished fifth and Maxwell was seventh among 10 candidates vying for three seats.

Howard Fishman, who collected the most votes in November, declined to take office after his wife was diagnosed with a serious illness. It is this seat that will be filled in the June 6 election.

Maxwell said he was overwhelmed with the amount of information Benson sent him to prepare for Thursday's debate.

"The questions were leading," he said.

It was after another local debate held by the League of Women Voters that the candidates met briefly and discussed Thursday night's forum, Maxwell said.

"I think we felt that it wasn't a debate forum, but a personal forum for Mr. Benson," he said. "It just didn't feel right."

Brittain said she had made a commitment to Benson that she would attend.

But Brittain said she shares the other candidates' feelings.

"In most debates, questions are open-ended," she said. "Here, it feels like we're writing a research paper."

Benson, himself a City Council candidate in November, said his intention was not to overwhelm candidates.

"The council packets are usually the size of two phone books," he said. "So you'd think they'd get used to seeing a lot of information."

The questions were meant to be "direct and pointed," Benson said.

"I'm worried about public safety issues," he said. "I'm worried about our Police Department, the bars, the alcohol and our quality of life."

Duclos said the candidates' decision not to attend was nothing personal against Benson.

"There were some issues in relation to the tone and direction of this debate, which was enough to influence our decision on whether to participate," he said.

Benson said all he wanted was to give candidates time to prepare their answers and asked for their responses so he could ask follow-up questions.

"I'm not disappointed they're not coming," he said. "I'm disappointed that they had this little powwow on this issue and made a collective decision behind my back."

3 file suit against HB police over 2004 incident

Complaint alleges that two officers attacked at Pier Plaza, filed false statements and lied under oath.

By Matt Krasnowski
Copley News Service

Three people who were acquitted last year on public intoxication and resisting arrest charges have filed a lawsuit against the Hermosa Beach Police Department, claiming officers roughed up two of them, filed false reports and lied in court about the arrests.

Michelle Myers, Robert Nolan and Joel Silva filed the lawsuit in U.S. District Court in Los Angeles on Tuesday, claiming Hermosa Beach police Sgt. Raul Saldana and officers Michael Frilot and Todd Lewitt violated their civil rights.

The allegations stem from a May 23, 2004, incident at Pier Plaza. The lawsuit contends that Saldana approached Myers, Nolan and Silva from behind in a patrol car "maliciously blasting his air horn to frighten plaintiffs."

The suit said the three jumped away, "condemning Saldana for his juvenile behavior." Saldana then drove past them and directed the other officers to go after Nolan.

The lawsuit contends Nolan was "attacked, choked, knocked down and maliciously struck and injured by Lewitt."

Lewitt later kicked Silva and struck him in the head, according to the complaint by lawyer Thomas Beck, who has filed several lawsuits against the department stemming from incidents at Pier Plaza.

Myers, Nolan and Silva were arrested and charged. They complained about the officers' conduct to department officials, but a sergeant investigating their allegations called them "whiners," the lawsuit states.

Last year, the three were acquitted on the misdemeanor charges after a jury trial. The lawsuit contends Saldana, Frilot, Lewitt and other officers "gave knowingly perjured testimony" during the trial.

The lawsuit does not seek specific monetary damages from the city.

Hermosa Beach City Attorney Michael Jenkins said he has not seen the complaint but was familiar with the case.

"The city is very familiar with the facts and is very familiar with the circumstances," Jenkins said. "The city intends to defend the case vigorously."