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SgtCHP
06-17-2009, 08:21 AM
This certainly does not bode well for the overall image.:mad:

CHP officer denies bribery allegations in DUI case

By Raul Hernandez (Contact)
Saturday, June 13, 2009

A California Highway Patrol Officer testified in court Friday that he has made “bets” with alleged drunken drivers many times, as he did after a motorist in Moorpark was pulled over last year.

CHP Officer Keith Bianco testified at a hearing about evidence in the case of 27-year-old Shant Ohannessian of Granada Hills, who is being charged with drunken driving. Bianco said he bet Ohannessian that he was legally intoxicated.

“I asked him if he wanted to bet on it?” said Bianco, adding that he then asked Ohannessian how much money he had in his pocket.

Bianco said Ohannessian said he had $40, and Bianco said he raised his bet to $100. He said he didn’t realize the bet had gone to $200, as Ohannessian claims.

He denied telling Ohannessian that he could get $200 at an ATM at a convenience store across the street from where he was pulled over.

Ventura County Superior Court Judge David Long is holding the evidentiary hearing after Ohannessian’s lawyer, Ben Maserang, filed a legal motion to get all the evidence during his client’s arrest tossed out of court.

Maserang claims the evidence was fabricated after his client refused to pay a $200 bribe.

Maserang subpoenaed Bianco to testify as a defense witness. Bianco, along with CHP Officer Dustin Wood, was secretly recorded by Ohannessian’s passenger Camillo Landinez, 28, of Thousand Oaks about 11:45 p.m. Oct. 28 on Spring Road in Moorpark.

Landinez made the seven-minute recording with his cell phone during the traffic stop. In the recording, a voice identified as Bianco is heard making bets twice.

The recording was deleted by an officer, Maserang said. Ohannessian paid a computer data service $300 to retrieve the deleted file.

Landinez made a call to the 911 dispatcher at 12:45 a.m. on the night of the incident and said CHP officers were asking for a $200 bribe to let them go, according to Maserang.

Bianco denied that he had taken a bribe or deleted the recording, saying he doesn’t know how to erase a recording from a cell phone. He said he’s made bets numerous times with motorists as a tactic to gauge a person’s “ability to be honest” to his questions about intoxication.

Bianco said he was working overtime at a California Department of Transportation highway project at highways 23 and 118 near Los Angeles Avenue in Moorpark. He said he was parked there to protect construction workers and monitor traffic. Bianco said he heard a radio transmission or possibly through a cell phone call that Wood, who was also working overtime nearby at a Caltrans project, had stopped a motorist.

On Thursday in Ventura County Superior Court, Wood testified that he saw a pickup truck stop at a green traffic signal before turning, so he followed the driver, Ohannessian, who Wood said went two feet over the lane divider.

Wood said he followed the vehicle because stopping at a green light could be a sign of intoxication. Wood testified the “bet” was a joke, everybody laughed about it and no money exchanged hands.

Bianco said he’s been with the CHP for 17 years and has worked overtime at Caltrans projects more than 400 times.

A CHP supervisor, Sgt. Michael Curtin, testified that he didn’t recall the exact day that Landinez went to the CHP to file a complaint about his bribery allegations.

Curtin admitted telling Landinez that he could be prosecuted if he filed a false report against the officers. Curtin said he didn’t know it’s against the law and against CHP policies to make such an admonition about prosecution when someone is filing a complaint. Curtin also said he didn’t know that it has been five years since that kind of written admonition was removed from the form used to file a complaint against a CHP officer.

Curtin said he didn’t tell Bianco it was “inappropriate and unprofessional” to make bets with DUI suspects because his hands are tied, since the current allegations could lead to the filing of complaints against officers.

RoadKingTrooper
06-17-2009, 08:52 AM
Geez! This falls into the "What were you thinking" file. Even if innocent and effective in fostering a suspects cooperation it looks BAD!

CHP7016
06-17-2009, 09:19 PM
"Wood testified the “bet” was a joke, everybody laughed about it..."

Nuthin' like a good joke.

RoadKingTrooper
06-17-2009, 09:28 PM
"Wood testified the “bet” was a joke, everybody laughed about it..."

Nuthin' like a good joke.

LOL, similar incident for me was when I picked up a DUI. He couldn't shut up (reminds me of Monty) anyway he wanted to bet me on the speed limit. (He blew a .13) To shut him up I said Ok. No money or anything else.

Go to Preliminary hearing and his lawyer brought up the gambling on cross. LOL didn't get too far, DA didn't believe him and neither did the judge. When asked why I agreed to it I said "To get your client to shut up"

RKT

Blizzination
06-22-2009, 09:13 AM
Those wacky Ventura office chippies....

Copp'rPenny
06-22-2009, 10:33 AM
Not that I in ANY WAY condone betting on the job, but the logic is off. Why would the suspect have to even pay up if there was no evidence he was drunk? (He's claiming the Chippie fabricated evidence). If the evidence wasn't there, then it's the suspect that should have been trying to force a pay-out.

1Deputy1Riot
06-23-2009, 12:10 PM
Well i guess all that needs to be said is, "DOH!"

VChopefull
06-23-2009, 02:36 PM
The guy got his DUI dismissed.......!

Judge dismisses Moorpark DUI charge
CHP officer on vacation, fails to appear for trial

A judge Monday dismissed a drunken-driving charge against a motorist who accused two California Highway Patrol officers of bribery in Moorpark.

The charge was dismissed after one of the officers failed to show up for the trial.

Prosecutor Susan Swan moved to dismiss the charge against Shant Ohannessian, 27, of Granada Hills after CHP Officer Dustin Wood didn’t appear in court.

Ventura County Superior Court Judge Kevin DeNoce denied Swan’s motion to postpone the trial. The judge granted the dismissal.

Ohannessian’s lawyer, Ben Maserang, said Swan told the judge that she had spoken with Wood, and he assured her that he would return from an out-of-state vacation for the trial.

“I was assured that they were flying him in for trial,” Maserang said. “He’s not called the DA back, and he’s not here today. Supposedly, he’s in Montana on vacation.”

Maserang has maintained that evidence gathered at the traffic stop was fabricated by CHP officers who wanted Ohannessian to pay a $200 bribe, according to the attorney.

Wood and fellow CHP Officer Keith Bianco testified during a hearing last week and denied the allegation.

Bianco testified that he made a “bet” with Ohannessian that he was legally drunk. Bianco testified that he sometimes makes bets with motorists he suspects are drunk to test their honesty in answering questions.

In an interview, Swan said Wood, who was the sole witness to the defendant’s driving pattern, had a prior commitment.

“We are not able to continue this matter. We can’t proceed without this officer,” Swan said in an interview. “So we have no choice but to dismiss the case.”

In a 13-page motion for continuance because of Wood’s absence, she stated that Wood is expected to return to the county on July 3, and the last day, by statutory law, for a trial is June 22.

Both Wood and Bianco were working overtime at a state Department of Transportation highway project in the area of Los Angeles Avenue about 11:45 p.m. Oct. 28.

Bianco said he went to the traffic stop to back up Wood, who stopped the vehicle on Spring Road.

Ohannessian’s friend and passenger, Camillo Landinez, 28, of Thousand Oaks, testified that Bianco asked Ohannessian for money to get them go. Landinez secretly used his cell phone to record Bianco and Wood. Landinez claimed Bianco found the cell phone and asked him if he was recording the conversation.

Landinez told the court that the recording had been deleted. Bianco had testified that he didn’t know how to delete a cell phone recording.

A witness, Trung Tran, who operates a computer data service, testified that Ohannessian paid him $300 to recover the deleted recording.

Maserang blasted the district attorney’s investigators for what he alleges is a “cover up” with officers in the handling of the allegations of bribery. Maserang said Wood was allowed to tape-record his interview with the investigators on March 25 and was allowed to have a copy of the cell-phone recording.

“The investigation in the office helped the officers involved in our case cover it up,” Maserang said. “We are very discouraged by the way the district attorney handled this.’”

Chief Deputy District Attorney Mike Frawley called Maserang’s comments “really unprofessional” and “grossly unfair.”

“This is grossly irresponsible with nothing to back it up,” he said, adding that allegations that the office wants to “hide the truth is really beyond the pale” and “completely false.”

He said he didn’t see any problems in letting the CHP officers record the interviews or get a copy of the recording.

http://www.venturacountystar.com/news/2009/jun/22/charge-dropped-against-driver-who-said-chp-a/