Plaintiffs' Notice Of Motion And Motion To Compel Depositions Of ...

12345678910111213141516171819202122232425262728Shockingly, nowhere in the Traffic Report is there a statement provided by either OfficerBrisslinger or Officer Polo, under oath, in which they are sworn to tell the truth! Id. On the contrary,the report contains only an “interview” of Officer Brisslinger – conducted by a fellow officer whileBrisslinger’s own personal criminal defense attorney present. See Brisslinger Interview, Exhibit 15 tothe Hiepler Decl., 12, pp. 71-101. Likewise, Officer Polo was only “interviewed.” See PoloInterview, Exhibit 16 to the Hiepler Decl., 13, pp. 102-108.Moreover, the “interviews” were conducted by other police officers and colleagues of Brisslingerand Polo. . . . Id. Plaintiffs were surprised to learn that the investigation into this shocking death – adeath which no one can comprehend how it possibly occurred – was not investigated by an outsideorganization, such as the Ventura County Sherriff’s Department, or the Santa Barbara PoliceDepartment – some other organization that would have an unbiased interest in the outcome. Instead,this death was investigated by peers within their own department, and Officers Brisslinger and Polowere merely asked narrative, innocuous questions by fellow officers. See Exhibits 15 and 16.E. The District Attorneys’ Office Also Conducted An “Investigation,” But They AlsoDid Not Obtain Any Statements Under Oath, Nor Even Interview The OfficersAgain; Instead, They Merely Relied Upon The Interviews Conducted By OxnardPolice Which Were Not Conducted Under OathThe Ventura County District Attorney’s Office also conducted an “investigation” into the deathof Cindy Conolly. That office released a written report dated January 22, 2007, the same day the City ofOxnard released its Police Report. See Report of the Fatal Traffic Accident (“D.A. Report”), Exhibit 14to the Hiepler Decl., 11.Again, within the D.A. Report, there is not one single statement provided by either OfficerBrisslinger or Officer Polo under oath, in which they are sworn to tell the truth. Id. Indeed, the DistrictAttorneys’ office did not separately question the officers involved. Id. Instead, the D.A. Reportcontains only summaries of the interviews of these officers that had already been conducted by theOxnard Police Department. See Exhibit 14, pp. 14-17; pp. 17-20; pp. 20-25. The District Attorneys’Office did not conduct any other interviews, nor obtain any sworn statements from Officers Brisslingerand Polo.______________________________________________________________________________5Plaintiffs’ Notice Of Motion And Motion To Compel Depositions Of Defendant City Of Oxnard EmployeesOfficer Frank Brisslinger And Officer Martin Polo; Memorandum Of Points And Authorities;Request For $4,618.80 in Sanctions