Wednesday, January 13, 2010

Rape Cases Handled by Officer Tyler Kennedy Will Be Re-Examined

A Los Angeles County prosecutor said Wednesday his office will re-examine rape cases investigated by a West Covina police officer in the wake of allegations of misconduct.

Deputy District Attorney Gary Hearnsberger, who leads criminal prosecutions in the Pomona branch of the District Attorney's Office, said rape cases worked by West Covina police Officer Tyler Kennedy would be scrutinized.

"My understanding is Kennedy is no longer working sexual assault cases, so it won't be a problem in the future," Hearnsberger said. "... we will have to look back ... at whether there have been cases in the interim that would cause a problem."

Kennedy could not be reached for comment at the West Covina Police Department. A cell phone assigned to him had been disconnected.

On Monday, officials suspended Kennedy for the second time in less than a year, according to department sources who spoke on condition of anonymity. The action came after a 49-year-old woman alleged Kennedy sexually harassed and propositioned her.

Kennedy was assigned to investigate an apparent spousal rape involving the alleged victim, documents show.

West Covina police Chief Frank Wills confirmed Wednesday his department is investigating Kennedy, but said the Police Officer's Bill of Rights prohibits him from commenting.

Kennedy's first suspension came late last year, sources said. The detective was demoted and returned to patrol after an internal affairs investigation, the sources said.

That investigation revealed Kennedy engaged in an intimate relationship with a 39-year-old woman who alleged she was sexually battered, harassed and secretly videotaped by her ex-husband in February, according to Hearnsberger and documents.

Kennedy opened an investigation into the woman's case and arrested her ex-husband, according court documents.

On March 20, Kennedy appeared in West Covina court and asked the ex-husband, who had been released on his own recognizance, be held without bail, court documents show.

Based on Kennedy's testimony, Judge Lesley Green increased the man's bail to $100,000, according to court documents.

The ex-husband was subsequently charged with three misdemeanors, but the case was thrown out in November when prosecutors learned of Kennedy's relationship with the alleged victim, Hearnsberger said.

"The relationship between Kennedy and the woman was ultimately reported to us" by internal affairs investigators, Hearnsberger said. "Because Kennedy was the investigating officer and (the relationship) calls his credibility into question ... there was a decision that it wouldn't be a viable case."

This newspaper does not identify alleged victims of sexual assault.

An attorney for the woman's ex-husband said Kennedy worked the system to keep the man in custody so the detective could continue his relationship with the 39-year-old woman.

"He had the bail imposed because he was trying to foster a relationship with the alleged victim," said the man's civil attorney, Arnoldo Casillas.

In September, the man filed a civil rights claim against West Covina seeking unspecified damages for false imprisonment and a damaged reputation. The City Council rejected that claim in November.

"(Kennedy) almost ruined my life," the man said. "He called my employer and told my boss that I was going to jail for a very long time for rape. I got written up and I'll never be able to get promoted."

Council members Mike Touhey and Sherri Lane said City Attorney Arnold Alvarez-Glasman advised them not to comment.

Mayor Shelley Sanderson and council members Steve Herfert and Roger Hernandez did not return repeated requests for comment.

"They're not returning your calls because they're acting in the best interest of the city," Alvarez-Glasman said.

An attorney from Alvarez-Glasman's office represented the West Covina Police Department in a Nov. 9 court appearance regarding the man's criminal case, according to court documents.

Alvarez-Glasman declined to comment on that court appearance.

In a related but separate investigation, officials said the Los Angeles County Sheriff's Department is continuing its probe into allegations of misconduct by Baldwin Park police Chief Lili Hadsell. That probe was requested by Hadsell.

The 49-year-old woman accused Hadsell's brother of spousal rape in 2008. That investigation was overseen by Kennedy.

The alleged victim, who had been Hadsell's sister-in-law, said she went to Hadsell for help after the alleged rape.

"I asked Lili for help right after he raped me," the woman said. "She told me not to say anything because it could jeopardize her position."

The District Attorney's Office declined to file rape or any other charges.

Kennedy sent the woman several text messages she claimed referenced sexual acts.

In one photo message sent to the woman's cell phone, Kennedy posed in a tank top.

The woman said she believes Hadsell used her familiarity with Wills to influence the West Covina rape investigation.

"They worked together for years in the San Marino Police Department," the woman said.

Casillas said he believes Kennedy was assigned to the case in order to cover up the rape.

"You have two police chiefs in neighboring towns and one police officer with a history of inappropriate conduct," Casillas said. "This is a coverup, and I will ask the United States Attorney's Office and FBI to investigate it."

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