Support Cyndi Mitchell and the campaign for Justice for her brother, Mario Romero, and all victims of state terror [facebook.com/mitchellcyndi]. In a relation with the Capoot murder case, she writes,
"ON January 11, 2014, I shared this story ("Judge to review Vallejo officers' files in Capoot slaying probe"), I know that I am not the only one who knows that the Vallejo Police are responsible for Capoots death. Today my car was illegally towed by Vallejo Police Officer Peppino Messina aka first police officer on the scene of Capoots murder... not only sis he tow my car today illegally, he was caught on the inside of my car on January 1, 2014 at 9:00pm at night, and has been prowling around my moms neighborhood in the middle of the night. Today he also threatened my moms landlord telling him to evict her or else. Sounds like a direct threat to me what do you think? I will be posting this creeps picture shortly along with additional information. This man killed Capoot and covered it up. now he wants to silence those who know the truth."
"Judge to review Vallejo officers' files in Capoot slaying probe"
2014-01-11 by Ryan Chalk from "The Vacaville Reporter" [http://www.timesheraldonline.com/news/ci_24891302/judge-review-vallejo-officers-files-capoot-slaying-probe]:
FAIRFIELD -- A Solano County Superior Court judge ruled Friday that he will review the personnel files of four Vallejo police officers after attorneys for a Fairfield man accused of killing Vallejo police Officer Jim Capoot alleged that Capoot's fellow officers were mistaken or lied in their investigation.
Judge Peter B. Foor issued his ruling after months of considering a Pitchess motion filed by attorneys for Henry Albert Smith Jr., 40. Smith is facing the death penalty in connection with Capoot's slaying on Nov. 17, 2011.
In his ruling, Foor gave a glimpse of the defense's position -- that Smith has been wrongfully charged with murder in a case of mistaken identity, and that police were either wrong or lied in their statements.
The declarations made by Smith's defense team, two of the Public Defender's top attorneys, have been kept under seal, and Chief Deputy Public Defender Oscar Bobrow objected to Foor's on-the-record comment that "bias is alleged throughout (the motion) as a motive to fabricate."
In all, 15 Vallejo police officers were identified in the defense motion, all of whom had some connection to the Nov. 17, 2011, investigation of Capoot's death.
Smith is alleged to have robbed a Bank of America branch on Springs Road that day, leading to a pursuit through the city that ended in North Vallejo, where Capoot, 45, is believed to have chased him into a back yard on Janice Street.
According to testimony at a November 2012, probable-cause hearing, arriving officers found Capoot lying on the ground in an open area of the yard, having been shot. Capoot, a veteran Vallejo officer, lived in Vacaville.
Smith was apprehended down the street from where the shooting occurred. Officers recovered a .40-caliber Glock semi-automatic handgun in his left-front pocket, police testified.
A criminalist with the San Mateo County Sheriff's Office testified that three bullet casings were recovered in the back yard, among other evidence. Those shell casings were analyzed by a firearms and toolmarks examiner for the same agency. The examiner testified that the shell casings were traced back to the gun found on Smith.
Foor indicated he would review personnel files for an officer who claimed to see Smith pass by him in an SUV driving at a high rate of speed, and that of another officer who stated that he had seen Smith running from Capoot, and Capoot giving chase. Also to be reviewed are personnel files of two officers present when police arrested Smith and allegedly found a gun in his possession, all of which are claims that Smith's defense team denies.
Foor said he would conduct the file review in regard to issues of credibility, truthfulness and bias.
Smith has pleaded not guilty to charges of murder, robbery and being a felon in possession of a firearm, including all enhancements and special allegations.
A jury trial is set to begin Aug. 19. The dual phase trial could take up to six months to complete.
Smith remains in Solano County Jail custody without bail.
"Defense attorneys won't get records related to police involved in Capoot investigation"
2014-02-19 by Ryan Chalk from "The Vacaville Reporter" [http://www.timesheraldonline.com/news/ci_25177199/defense-attorneys-wont-get-records-related-police-involved]:
FAIRFIELD -- Defense attorneys for a Fairfield man accused of killing Vallejo police Officer Jim Capoot in 2011 will get no records related to the police officers involved in the investigation, a judge ruled Tuesday.
Attorneys for murder defendant Henry Albert Smith Jr., 40, who is facing the death penalty in connection with the officer's slaying had sought information from the police officer's personnel files that would indicate they could have been biased, mistaken or lied in their investigation. The ruling came after months of considering a the motion filed by Smith's attorneys.
During a hearing last month, Foor indicated that 15 Vallejo police officers were identified in the defense motion, all of whom had some connection to the Nov. 17, 2011, investigation of Capoot's death. Foor said he would review the files for four of those officers.
On Tuesday, Foor stated that he had completed the review of the officers' personnel records and that there was nothing that would be released to defense attorneys.
Smith is alleged to have robbed a Bank of America branch on Springs Road, leading to a pursuit through the city that ended in North Vallejo. That is where Capoot, 45, is believed to have chased Smith into a back yard on Janice Street.
According to testimony at a November 2012 probable-cause hearing, officers soon followed, only to find Capoot lying on the ground in an open area of the yard, having been shot. Capoot, a veteran Vallejo officer, lived in Vacaville.
Smith was apprehended down the street from where the shooting occurred. Officers recovered a .40-caliber Glock semi-automatic handgun in his left-front pocket, police testified.
A criminalist with the San Mateo County Sheriff's Office testified that three bullet casings were recovered in the back yard, among other evidence.
Those shell casings were analyzed by a firearms and toolmarks examiner for the same agency. The examiner testified that the shell casings were traced back to the gun found on Smith.
However, Tuesday's hearing shed more light into an internal investigation into the work of Solano County's former chief pathologist.
Prosecutors on Tuesday handed over to Smith's defense counsel records related to Dr. Susan Hogan, who Solano County Sheriff's officials said retired in December. Questions regarding the pathologist's separation from the county surfaced last month in an unrelated homicide trial when prosecutors announced that she was refusing to testify in court, causing a delay.
Prosecutors said that the documents shared with Smith's defense counsel were related to an investigation into Hogan's job performance, dating back to 2009.
The investigation centered on four separate cases amid concerns that her, "performance may have been below the standards of the profession," and other claims, prosecutors said.
Prosecutors have identified 37 cases that Hogan has been involved in in which her employment records may become relevant.
Smith was ordered back to court at 8:30 a.m. on March 11 for a readiness conference.
Smith has pleaded not guilty to charges of murder, robbery and being a felon in possession of a firearm, including all enhancements and special allegations.
A jury trial is set to begin Aug. 19. The dual phase trial could take up to six months to complete.
Smith remains in Solano County Jail custody without bail.
No comments:
Post a Comment