Rape Suspect Denied Access to Police File
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Tape-recorded statements of a police detective who was a target of a molestation probe should not be turned over to lawyers for an accused rapist he investigated, a judge ruled Monday.
Former Ventura Police Det. Gregory W. Irvine was implicated but never charged with sexual misconduct involving two teenage girls last fall.
The attorney for rape suspect Peter A. Stocks hopes to use the allegations against Irvine to throw out Stocks’ videotaped confession, recorded by Irvine. Public defender Susan Olson said the statement “would be used to impeach the testimony” of Irvine.
Stocks, who is charged with raping three elderly women in Ventura and Ojai last summer, has pleaded not guilty and awaits trial.
But Superior Court Judge Steven Z. Perren said Irvine’s statements to internal affairs investigators are to remain confidential. The statements are protected by state law and cannot be used against him in either criminal or civil proceedings, Perren said.
Irvine’s bosses had ordered him to answer questions about the alleged molestations. Furthermore, Perren said he believes the allegations against Irvine are irrelevant to Stocks’ case.
Nearly all of Irvine’s conversations with Stocks were either tape-recorded or videotaped and made in the presence of other officers, Perren said.
“Virtually everything the officer said is on tape, so what is there to impeach?” Perren said.
Irvine, 47, resigned from the department Feb. 5 after a 10-year stint, Assistant Police Chief Ken Thompson said. He had been assigned to the department’s major crimes unit at the time of his resignation.
Irvine’s attorney, James M. Farley, said his client is innocent and that allegations against him were fabricated.
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