Terry M. Goldberg* Bradley C.

Gage*
LAW OFFICES

GOLDBERG & GAGE Milad Sadr

A Partnership of Professional Law Corporations
• A PROFESS IONAL LA W CORPORATION • A PROFESSIONAL LA W CORPORATION

23002 VICTORY BOULEVARD - WOODLAND HILLS, CA 91367 - (818) 340-9252 - FAX (818) 340-9088
Email: tgoldberg@goldbergandgage.com Email: bgage@goldbergandgage.com

June 26, 2012

City Clerk Via Certified Mail

The City of Pasadena 70120470000149630846
117 East Colorado Blvd
Pasadena, California 91105

Re: Re: Governmental Claim of Edward Damas

To whom it may concern:

Please consider this a notice of governmental claim, and to the extent any such claims are
more than six months old, as an application for a late claim pursuant to California Government
Code, Section 910.

A. NAME OF THE CLAIMANT Edward Damas

B. ADDRESS TO SEND ALL CLAIMS:

Law Offices of Goldberg & Gage, 23002 Victory Blvd., Woodland Hills, CA 91367.

C. THE DATE, PLACE AND OTHER CIRCUMSTANCES OF THE

OCCURRENCE OR TRANSACTIONS WHICH GIVE RISE TO THE CLAIMS
ASSERTED:

Officer Kevin Okamoto agreed to go on paid leave after the Pasadena Police and LA
County Sheriff s departments launched separate investigations into claims of misconduct against
Okamoto, for concealing evidence in the criminal action involving Mr. Damas. Specifically,
Okamoto, who was a Detective failed to provide audio recordings and witness contact
information to the attorneys involved in the criminal charges brought against Mr. Damas from a
2009 incident in which he was falsely arrested.

The concealed evidence was exculpatory and would have demonstrated that Mr. Damas
was arrested without probable cause, that his civil rights were violated, and that several laws
were broken by the police, including without limitation the Bane Act, Ralph Act, and 42 USC §
1983.

Based on information and belief, Okamoto has had numerous complaints against him for
making false statements and concealment of evidence as well as uses of excessive force.
Edward Damas
June 26, 2012
Page 2

Because the evidence was concealed from the plaintiff, he could not have learned of the
information that forms part of the basis of this complaint, which creates an equitable estoppel
against the defendants from alleging any violations of the statute of limitations. The revelation
that evidence was concealed occurred on May 16,2012 after Judge Teri Schwartz ordered
Okamoto to turn over any outstanding evidence in the Damas case. The Judge acknowledged
that Okamoto failed to do so in the initial criminal case which ended in a hung jury.

Based on information and belief, defendants launched an internal probe into Okamoto on
or about April 5,2012 when attorney Michael Kraut filed a complaint. The probe was given to
the Los Angeles County Sheriffs Department in May, 2012.

Okamoto along with Officer Gomez were involved in the investigation of the 2007
Jamaul Harvey murder case in which Harvey was ultimately exonerated. In a signed declaration
an alternate juror in the case wrote that she believed Gomez "invented evidence" during the trial
to assure a conviction.

In another case, it was alleged by Harvey that Gomez said, "I could kill you right now and
get away with it, because I know you have a gun."

Okamoto is further accused of harassing citizens over the past five years. In one incident,
Okamoto was unable to explain why Okamoto pulled over a motorist for a traffic stop.

Gomez conducted the main investigation into the Kendrec McDade shooting. The
family'S lawsuit included claims that the Pasadena Police Department engaged in a cover up.
Officers Jeffrey Newlen and Matthew Griffin were placed on Administrative Leave after gunning
down McDade, yet now have been returned to work, showing ratification by the department of
excessive force by its officers.

The McDade Shooting is quite suspicious. Dr. Cryl Wecht, reviewed a report on the
death of Mr. McDade, generated by a medical examiner with the LA County Coroner's Office.
Dr. Wecht, who is world renowned found multiple inconsistencies between the autopsy and an
account of the shooting given by the Pasadena police officers. For example, while the officers
claimed Mr. McDade was close to them, when he appeared to be reaching for a gun, there were
no soot stains, from the burning powder, or stippling, which would occur if the shooting was
within 24 inches.

McDade who had been a high school football star and was in college was shot and killed
on March 24,2012. According to Dr. Cyril Wecht, a world renowned pathologist who testified
in cases involving the assignations of Robert Kennedy and Martin Luther King, Jr., the claims of
the officers that McDade became combative after being shot and it was necessary to handcuff the
fatally wounded teenager were not true. As the Dr. put it, "I find it difficult to find someone
who has been shot seven times - with gunshot wounds to major arteries - can be considered
Edward Damas
June 26, 2012
Page 3

combative. "

When considering the fact officers from Pasadena appear to lie repeatedly, use unjustified
and excessive force, and the department fails to take corrective action, there appears to be a lack
of training, and a ratification by the department of false arrests, battery, assault, malicious
prosecution, and violations of State and Federal Civil Rights by the department in many cases,
including without limitation this current case.

As Dr. Wecht stated, given the injuries sustained by McDade, his treatment by Pasadena
officers was lacking in "sensitivity and common sense."

Gomez is one of several officers named in the McDade family lawsuit. His former
partner was Officer Kevin Okamoto, who is also on paid leave for failure to tum over
exculpatory evidence in this (the Damas) case.

Gomez is the second officer in two months where Chief Sanchez turned an investigation
over to the Los Angeles County Sheriffs Department. Okamoto is the other officer. Gomez is
also accused of having falsified evidence and lying on the stand in the 2011 trial of a Pasadena
man for a 2008 fatal shooting. The defendant in that action claims Gomez threatened to kill him.

Yet, these recent events never should have occurred. In 2004, four years after he joined
the Pasadena Police Department, his actions came under scrutiny for the fatal shooting of
Maurice Clark, an armed suspect.

Gomez was also at the scene in another 2004 incident when LaMont Robinson, 30, died
following an altercation with Pasadena Police. The Officers used an arm hold against
Robinson's neck to stop him from swallowing what they believed to be cocaine. Gomez was not
disciplined. However, in 2009, Pasadena settled another lawsuit in federal court against six
officers, including Gomez for claims of police brutality.

RELATED ACTIONS - DEUEL

June 25, 2011 at the Rose Bowl. Officer Gawlik and an unknown female officer falsely
arrested, beat, battered and injured the plaintiff without justification, and in violation of his
constitutional rights.

Mr. Deuel was falsely arrested for public intoxication and resisting arrest on June 25,
2011 at the Rose Bowl.

At this point Mr. Deuel who was trying to get his friend to leave, asked the officer if his
friend had a first amendment right. At that point the officer told Mr. Deuel if he did not take his
Governmental Claim
June 26, 2012
Page 4

friend away and leave he, along with his friend, would be charged with drunk in public. Mr.
Deuel turned to leave and then turned around again. Mr. Deuel then asked the officer how he
could be charged with being drunk in public when in fact he was completely sober. The officer
then became angry and moved towards Mr. Deuel. Mr. Deuel turned to move away from the
officer who then grabbed his clothing and spun him around. At this point a female officer came
over, moved her body towards Mr. Deuel's lower half and Mr. Deuel buckled and was taken to
the ground. The tackle resulted in Mr. Deuel being injured on his forehead, shoulder and other
areas. He was taken to Huntington Hospital Emergency Room. He was arrested for "public
intoxication" and "resisting arrest."

While at the Emergency Room, Mr. Deuel was treated by Dr. Doudikian-Scaff while the
officers stood outside of the door. In her interview, Dr. Doudikian-Scaff stated clearly that Mr.
Deuel was not intoxicated or under the influence of alcohol or any drug. In fact, she indicated
that there was no indication that he had been drinking at all that day. She noted that she has been
an ER attending physician for eight years and is very familiar with individuals coming in
inebriated or in an otherwise altered state. Dr. Doudikian-Scaff mentioned that she interacted
with my client for approximately twenty minutes, in which he presented as a "polite, pleasant
gentleman" who was "very coherent" and did not exhibit "any indication of intoxication."
Further, she indicated that she did not smell alcohol on his breathe or person. She also indicated
that he was not angry about what happened, but more in shock over the incident

She stated that individuals under the influence of alcohol generally exhibit symptoms
such as incoherence, odor of alcohol, bloodshot and/or watery eyes and unsteady gait. When
such symptoms are present, Dr. Doudikian-Scaffmemorializes that in her report. She did not
observe any indication of intoxication in dealing with Mr. Deuel, and her report reflects this
accordingly. This is completely consistent with Mr. Alvarado and Mr. Herrera's independent
statements emphasizing that my client, as the group's designated driver, was sober.

Of course, had Officer Gawlik believed Mr. Deuel was drunk in public he would have
had a duty to arrest him at that point rather than tell him to remove his friend, Mr. Alvarado,
from the location of the ESPN booth. As you are aware, the elements for being drunk in public,
include the inability to care for one's self or others. If the officers believed that he was drunk in
public, then they knew he would not be able to take Mr. Alvarado from the ESPN booth. There
clearly was no reason to arrest Mr. Deuel for public intoxication, as there is clear evidence that
he was neither intoxicated nor exhibiting symptoms of intoxication or inebriation. Similarly, Mr.
Deuel did not resist arrest. However, even if the officers claimed there was resistence, it does not
constitute a crime since if Mr. Deuel was not drunk in public, then he was allowed to resist the
officer's attempt to grab his clothing.

Actions ofthe officers were false arrest, false imprisonment, battery, assault, violation of
Bane Act, Ralph Act and other civil rights claims, If prosecuted, malicious prosecution as well.
(These all apply to Damas as well as false imprisonment.)
Governmental Claim
June 26, 2012
Page 5

D. GENERAL DESCRIPTION OF THE INJURY, DAMAGE OR LOSS

INCURRED.

General, special (economic and non economic) and punitive including without
limitations: damages for medical treatment; psychological treatment; psychiatric treatment; loss
of earnings and future earnings; loss of promotions; and other disabilities, and losses. Attorneys
fees, and future attorneys fees, litigation costs and experts charges all in a sum to be proven at
time of trial and such other damages as presented at trial. Also physical injuries requiring
hospitalization.

E. NAME OF PUBLIC EMPLOYEES CAUSING THE INJURY, DAMAGE OR

LOSS TO PLAINTIFFS INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING:

Still being investigated other than Officers Gawlik, Okimodo, Gomez and Broughhamer

F. THE AMOUNT OF CLAIMED DAMAGES EXCEED $10,000.00 AND

JURISDICTION WILL BE PROPER IN LOS ANGELES SUPERIOR COURT.

If you contend this is no the proper location for a Governmental Claim, please advise of
the proper address. Further, if defendants contend there are any administrative remedies not
pursued by plaintiff, please advise so that we can fulfill any internal administrative remedy
requirements now. Thank you.

As always, if you have any questions, please do not hesitate to contact me.

Very truly yours,

Law Offices of Goldberg & Gage
A Partnership of Professional
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Law C
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