Hell Hath No Fury Like A Perjurer Scorned

Law

Disgraced former Oakland police officer Karla Rush wants her job back.  Her reasoning?  Although Rush admits she filed false affidavits to obtain search warrants, an offense for which Rush and three male officers were fired, the city failed to meet its quota:  It didn’t fire enough men.

The officers told judges that substances seized from drug suspects had been identified by the police crime lab as narcotics when, in fact, they had not, authorities said. Those false statements were used to persuade judges to issue warrants that police relied on to gather more evidence.

Rush said she had never lied. Instead, she said, she had been trained to rely on templates when filing the affidavits, and the templates were based on the assumption that substances submitted to the crime lab would test positive.

According to Rush’s attorney, John Houston Scott, 17 other officers, all male, were guilty of the same offense yet kept their jobs.  And that’s not fair.  Scott has a point.  If indeed there are 17 officers on the Oakland force who’ve filed false affidavits in Alameda County courts, that’s scandalous.

But should Rush get her job back?  How many people were searched, had their homes invaded by police, lost their property, and were arrested based on false affidavits provided by Rush?  Signed affidavits that stated something very like:

Officer Karla Rush swears under oath that the facts expressed in the attached and incorporated Statement of Probable Cause are true and that based thereon she has probable cause to believe and does believe that property described below is lawfully seizable pursuant to Penal Code Section 1524.

When in fact Officer Karla Rush was swearing no such thing under oath (but she signed it anyway).  Or when in fact Officer Karla Rush wasn’t reading her affidavit (but she signed it anyway).  Or when in fact Officer Karla Rush just didn’t give a damn whether her affidavit was true or false (but she signed it anyway).

Do the people of Oakland want a Karla Rush back on the force?  Does the Oakland police department, which rumor says has a bit of a cowboy problem, have so few cowgirls that a filer of false affidavits should be given her job back?

Those are far from the only questions raised by Rush’s suit.  Here are a couple for Rush’s attorney John Houston Scott:

  • Did your client verify the truthfulness of the allegations within her complaint?
  • Did you go over with her, very carefully, what verification means?
  • I mean, very, very, very carefully?
  • Did you tell her that filing a false statement in a civil court is a crime, just as it is in criminal court?
  • Have you informed ex-Officer Rush that the very first thing she’s going to be asked to do on cross-examination is to admit that she’s here because she swore to give truthful information to the court, and she didn’t do that?

And finally Mr. Scott, have you discussed with ex-Officer Rush whether she has a snowball’s chance in Hell of getting reinstated to her job?  Or would she be satisfied if the department simply fired a few more men for the same offense?

Just to even things out, of course.

Last 5 posts by Patrick

6 Comments

6 Comments

  1. S.A.  •  Oct 6, 2009 @5:12 pm

    It seems to me the solution is to dismiss the other 14 male officers.

  2. MisterDNA  •  Oct 7, 2009 @12:25 am

    Oakland PD needs to tell her they’ve met their quota on firing bad cops.

    There was a mention at Injustice Everywhere the other day about an NAACP conference that was addressing the role of police unions in contributing to police brutality/corruption.

    Unfortunately, if she doesn’t get rehired, there’s about 2 dozen suburbs of Oakland that will be glad to hire her.

  3. mojo  •  Oct 7, 2009 @10:29 am

    Make sure you get paid up front, Counselor.

  4. Windypundit  •  Oct 7, 2009 @12:36 pm

    As much as I hate to say it, I can almost believe officer Rush. I’ve worked in enough bureaucracies to have heard plenty of variations of “We know it’s probably not the right way, but this is how we’ve always done it.”

    That said, in a just world this business would come up every time she’s a witness in any courtroom for the rest of her police career.

    Yes, that means I expect her to get reinstated.

  5. Base of the Pillar  •  Oct 8, 2009 @7:02 am

    Are we mocking her method or her point? IANAFL, but it seems like a reasonable gambit to say she wants to get rehired because there was unequal treatment, which we seem to be accepting. That seems like a nice approach to ultimately gain a settlement and/or heightened scrutiny on the 14 men who continue to shiv the public’s constitutional rights.

  6. David Schwartz  •  Oct 8, 2009 @4:28 pm

    I have no sympathy for her argument. Otherwise, we have to let off every murderer who points out that many other murderers get away with their crimes. Her treatment is not made any more or less just or unjust by how anyone else is treated.

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