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Sample Indictment—18 U.S.C. § § 2, 241, 242

WILLIAM T. McGIVERN, JR. United States Attorney Attorney for Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Criminal No.: Plaintiff, v. VIOLATIONS: Title 18, United States Code, Section 241 - DANIEL WAYNE BROUSSARD CONSPIRACY TO VIOLATE CIVIL RIGHTS; SCOTT MATTHEW DWYER Title 18, United States Code, LARRY MARCELL HOUSTON Section 242 - VIOLATIONS OF CIVIL JUAN DALE REESE RIGHTS; Title 18, United States ANTOINE EDWARD FISHER Code, Section 2 - AIDING AND DENNIS LEROY CARTER, ABETTING Defendants. ___________________________ I N D I C T M E N T INTRODUCTION The Grand Jury charges that: At all times relevant to this indictment, the Oakland Housing Authority was an entity in the City of Oakland, California, whose functions were to develop, manage, maintain, and otherwise expand the availability of rental housing for low income eligible persons in the City of Oakland, California. These functions included the establishment of a police force to provide security services on or near Oakland Housing Authority property. At all times relevant to this indictment, the Oakland Housing Authority Security And Safety Services, also known as the Oakland Housing Authority Police Department, was a law enforcement agency in the City of Oakland, California, empowered to enforce the laws of the State of California, the County of Alameda, and the City of Oakland. At all times relevant to this indictment, DANIEL WAYNE BROUSSARD, defendant herein, was a sergeant employed by the Oakland Housing Authority Police Department whose responsibilities included the supervision of the Drug Suppression Unit, also known as the Drug Task Force, whose primary mission was to enforce laws prohibiting drug possession and drug trafficking on or about property owned and managed by the Oakland Housing Authority. At all times relevant to this indictment, SCOTT MATTHEW DWYER, LARRY MARCELL HOUSTON, JUAN DALE REESE, ANTOINE EDWARD FISHER, and DENNIS LEROY CARTER, defendants herein, were all police officers employed by the Oakland Housing Authority Police Department. On some occasions defendants ANTOINE EDWARD FISHER and DENNIS LEROY CARTER would act as supervisors. COUNT ONE:(18 U.S.C. § 241) The Grand Jury charges that: From approximately April, 1989, to approximately December, 1989, in the City of Oakland, County of Alameda, State and Northern District of California, DANIEL WAYNE BROUSSARD, SCOTT MATTHEW DWYER, LARRY MARCELL HOUSTON, JUAN DALE REESE, DENNIS LEROY CARTER, and ANTOINE EDWARD FISHER, defendants herein, along with other persons known and unknown to the grand jury, then officers with the Oakland Housing Authority Police Department, while acting under color of the laws of the State of California, did willfully combine, conspire, and agree to injure, oppress, threaten and intimidate inhabitants of California in the free exercise and enjoyment of the rights and privileges secured to them by the Constitution and laws of the United States (1) to be free from the deprivation of liberty without due process of law, which includes the right to be secure in their persons, that is, the right to be free from the intentional use of unreasonable force by one acting under color of law; (2) to be free from the deprivation of liberty without due process of law, which includes the right not to have false evidence knowingly presented against them by one acting under color of law, and (3) to be free from the deprivation of property without due process of law by one acting under color of law. It was part of the plan and purpose of this conspiracy that the defendants would patrol areas at or near Oakland Housing Authority property, and would unjustifiably strike, kick, beat, assault and threaten persons who were contacted, detained or arrested at or near Oakland Housing Authority property. It was further part of this plan and purpose that the defendants would intentionally file police incident reports containing statements they knew to be false about a suspect's activities leading to an arrest. These false statements which the defendants intentionally included in their reports were fabricated in order to cover up the defendants' illegal actions against the suspect and to increase the apparent weight of the evidence against the suspect. These false statements were further intended to be used against the suspect in order to justify his or her arrest and criminal prosecution. It was further a part of this plan and purpose for the conspirators to steal money from perso ns whom they detained or arrested and convert it to their own personal use. In furtherance of this conspiracy and to accomplish its plans and purposes, the conspirators, while acting under color of the laws of the State of California, did commit in the City of Oakland, within the state and Northern District of California the following overt acts, among others: OVERT ACTS In approximately April, 1989, defendant DANIEL WAYNE BROUSSARD, while on patrol and in the presence of other Oakland Housing Authority police officers, stopped and detained an unknown male who was present at or near Oakland Housing Authority property, and then did strike and assault this male with his "sap gloves" without justification. On or about May 16, 1989, defendant JUAN DALE REESE did strike and assault Jackie Dailey at or near Oakland Housing Authority property without justification. On or about May 16, 1989, defendant DANIEL WAYNE BROUSSARD was present during the detention and arrest of Jackie Dailey, was the supervising officer, and failed to intervene to stop defendant JUAN DALE REESE'S assault on Jackie Dailey. On or about May 16, 1989, in order to cover up the unlawful assault of Jackie Dailey by defendant JUAN DALE REESE, defendant LARRY MARCELL HOUSTON falsely arrested Jackie Dailey for loitering. On or about May 16, 1989, defendant LARRY MARCELL HOUSTON prepared a police report charging Jackie Dailey with loitering in violation of Section 3-13.10 of the Oakland Municipal Code in which defendant LARRY MARCELL HOUSTON falsely stated that Jackie Dailey had no apparent legitimate business at the OHA property and that Jackie Dailey refused to leave OHA property after being told to do so. On or about May 23, 1989, defendant DANIEL WAYNE BROUSSARD assisted in the preparation of a police report following the arrest of Demetrius Findley, also known as Ellis Davidson, which police report falsely stated that Demetrius Findley dropped rock cocaine to the ground when he observed the Oakland Housing Authority police. On or about June 1, 1989, defendant SCOTT MATTHEW DWYER did strike and assault David McClendon while David McClendon was present at or near Oakland Housing Authority property, even though David McClendon was not resisting arrest and was under control of another police officer. On or about June 1, 1989, defendant DANIEL WAYNE BROUSSARD approved a police report which he knew falsely accused David McClendon of having thrown down rock cocaine while being chased by a police officer during his arrest on or about June 1, 1989. In approximately June 1989, defendant DANIEL WAYNE BROUSSARD, while speaking as the Supervisor of the Drug Task Force, during a meeting with certain members of the Drug Task Force, including defendants SCOTT MATTHEW DWYER, LARRY MARCELL HOUSTON, and JUAN DALE REESE, told these members of the Drug Task Force that there would be no adverse consequences if they stole money seized from people whom they arrested or detained and converted it to their own personal use. On or about June 16, 1989, defendant DANIEL WAYNE BROUSSARD was present during the detention of Eugene Aubrey, which occurred at or near Oakland Housing Authority property, and falsely claimed to have found a rock of crack cocaine on the person of Eugene Aubrey, even though Eugene Aubrey in fact was not in possession of narcotics. On or about June 26, 1989, defendant JUAN DALE REESE, while testifying under oath in a juvenile court proceeding in Alameda County Superior Court in Oakland, California, falsely testified that prior to the arrest of a juvenile on a charge of possession of rock cocaine, he, JUAN DALE REESE, observed the juvenile approach an area where a bag containing suspected rock cocaine was located, and that the juvenile handled the bag. On or about June 29, 1989, defendant JUAN DALE REESE did strike and assault Glenn Losh without justification while Glenn Losh was present at or near Oakland Housing Authority property. On or about June 30, 1989, defendant LARRY MARCELL HOUSTON did strike and assault Rosie Verduzco without justification while Rosie Verduzco was present at or near Oakland Housing Authority property. On or about June 30, 1989, defendant DANIEL WAYNE BROUSSARD was present during the detention and arrest of Rosie Verduzco, was the supervising officer, and failed to intervene to stop defendant LARRY MARCELL HOUSTON'S assault on Rosie Verduzco. On or about June 30, 1989, defendant LARRY MARCELL HOUSTON, falsely arrested Rosie Verduzco on a charge of resisting arrest, even though Rosie Verduzco did not physically resist arrest. On or about June 30, 1989, defendant LARRY MARCELL HOUSTON prepared and submitted a police report which falsely stated that Rosie Verduzco kicked at him and sustained her injuries in the course of falling to the ground. On or about June 30, 1989, defendant DANIEL WAYNE BROUSSARD approved the police report prepared by defendant LARRY MARCELL HOUSTON in relation to the arrest of Rosie Verduzco, even though defendant DANIEL WAYNE BROUSSARD observed the detention and arrest of Rosie Verduzco, and the police report contained false statements about the events surrounding the arrest of Rosie Verduzco. On or about June 30, 1989, defendant SCOTT MATTHEW DWYER did kick and assault Salvador Verduzco at or near Oakland Housing Authority property without justification. On or about August 25, 1989, after members of the Drug Task Force arrested or participated in the arrest and detention of Cliofas Soluno on charges of possession of marijuana for sale, defendants DANIEL WAYNE BROUSSARD, SCOTT MATTHEW DWYER, JUAN DALE REESE, LARRY MARCELL HOUSTON and coconspirator Jeff Paul Garden stole approximately two thousand dollars ($2000) belonging to Cliofas Soluno and divided it among themselves for their own personal use. On or about October 7, 1989, defendant SCOTT MATTHEW DWYER did strike and assault Jerry Watkins without justification while Jerry Watkins was present at or near Oakland Housing Authority property, resulting in bodily injury to Jerry Watkins. On or about October 7, 1989, defendant SCOTT MATTHEW DWYER prepared and submitted a police report in which he falsely stated that Jerry Watkins sustained his injuries when he fell to the ground while attempting to flee from defendant SCOTT MATTHEW DWYER. On or about October 27, 1989, defendant JUAN DALE REESE, while testifying under oath in a juvenile court proceeding in Alameda County Superior Court in Oakland, California, falsely testified that preceding the arrest of a juvenile on a charge of possession of marijuana for sale, he, JUAN DALE REESE, observed the juvenile drop a box containing marijuana after the juvenile observed the oncoming Oakland Housing Authority police vehicle. 23.On or about November 1, 1989, following the arrest of Sherman Gay on a charge of possession of cocaine, defendant DANIEL WAYNE BROUSSARD assisted coconspirator Roger Lee Williamson in the preparation of a police report which falsely stated that prior to his arrest an OHA officer saw Sherman Gay holding a plastic bag containing white rock-like objects suspected to be rock cocaine. On or about November 3, 1989, defendant DENNIS LEROY CARTER, after assisting in the arrest of Waymon Green, a police officer then acting in an undercover capacity and known in that capacity as James Stacie, which took place at or near Oakland Housing Authority property, prepared and submitted a police report in which defendant DENNIS LEROY CARTER falsely stated that he personally observed Waymon Green hold and then drop suspected rock cocaine prior to his arrest. On or about November 3, 1989, defendant DANIEL WAYNE BROUSSARD, after being present during and observing the arrest of Waymon Green, a police officer then acting in an undercover capacity and known in that capacity as James Stacie, approved the police report written and submitted by defendant DENNIS LEROY CARTER, even though the report contained false statements about the circumstances surrounding the arrest of Waymon Green. On or about November 14, 1989, defendant ANTOINE EDWARD FISHER, after being present during and participating in the arrests of Billy Cooley and Bob Pursley, a police officer then acting in an undercover capacity and known in that capacity as Bob Boyd, prepared and submitted a police report relating to the arrest of Bob Pursley in which defendant ANTOINE EDWARD FISHER falsely stated that he personally observed Billy Cooley approach Bob Pursley after which Bob Pursley held suspected rock cocaine in his hands to examine. On or about November 14, 1989, defendant SCOTT MATTHEW DWYER, after assisting with the arrest of Bob Pursley, a police officer then acting in an undercover capacity and known in that capacity as Bob Boyd, prepared and submitted a police report in which defendant SCOTT MATTHEW DWYER falsely stated that when he arrested Bob Pursley, he recovered a box containing suspected rock cocaine "from the ground next to" Bob Pursley. On or about November 14, 1989, defendant SCOTT MATTHEW DWYER did strike, kick and assault Bob Pursley, a police officer then acting in an undercover capacity and known in that capacity as Bob Boyd, even though Bob Pursley was not resisting arrest and did not pose a threat to anyone. On or about November 14, 1989, defendant SCOTT MATTHEW DWYER, while participating in the arrest of Bob Pursley, a police officer then acting in an undercover capacity and known in that capacity as Bob Boyd, stole one hundred seventy dollars ($170) possessed by Bob Pursley and converted it to his own personal use. On or about November 21, 1989, defendants LARRY MARCELL HOUSTON and JUAN DALE REESE while arresting and participating in the arrest of George Elzie, a police officer then acting in an undercover capacity and known in that capacity as Matthew Johnson, stole three hundred fifty dollars ($350) possessed by George Elzie and divided it among themselves, converting it to their own personal uses. On or about November 21, 1989, defendant SCOTT MATTHEW DWYER did strike and assault an unknown male after this person was handcuffed and not resisting arrest. On or about November 21, 1989, defendant DENNIS LEROY CARTER, being present during the detention of an unknown male by defendant SCOTT MATTHEW DWYER, was the supervising officer, and failed to intervene to stop defendant SCOTT MATTHEW DWYER'S assault on this unknown, handcuffed male. On or about November 25, 1989, defendant SCOTT MATTHEW DWYER did strike and assault Darnell Roy Wordlow at or near Oakland Housing Authority property, even though Darnell Roy Wordlow was not resisting arrest and did not pose a threat to anyone. All in violation of Title 18, United States Code, Section 241. COUNT TWO: (18 U.S.C. § 242) The Grand Jury further charges that: On or about May 16, 1989, in Oakland, California, in the State and Northern District of California, JUAN DALE REESE defendant herein, then an officer with the Oakland Housing Authority Police Department, while acting under color of the laws of the State of California, did willfully strike and assault Jackie Dailey, an inhabitant of the State of California, and did thereby willfully deprive Jackie Dailey of the right secured and protected by the Constitution of the United States not to be deprived of liberty without due process of law, which includes the right to be secure in his person and free from the intentional use of unreasonable force by one acting under color of law, resulting in bodily injury to Jackie Dailey, all in violation of Title 18, United States Code, Section 242. COUNT THREE: (18 U.S.C. § 242) The Grand Jury further charges that: On or about May 16, 1989, in Oakland, California, in the State and Northern District of California, DANIEL WAYNE BROUSSARD defendant herein, then an officer with the Oakland Housing Authority Police Department, while acting under color of the laws of the State of California, did willfully permit another Oakland Housing Authority police officer in his presence and under his supervision, namely defendant JUAN DALE REESE, willfully and unlawfully to strike and assault Jackie Dailey, an inhabitant of the State of California, while Jackie Dailey was detained by and in the custody of the Oakland Housing Authority Police, and DANIEL WAYNE BROUSSARD willfully took no steps to terminate the unlawful assault, and did thereby willfully deprive Jackie Dailey of the right preserved and protected by the Constitution of the United States not to be deprived of liberty without due process of law, which includes the right to be kept free from harm while in official custody or detention, resulting in bodily injury to Jackie Dailey, all in violation of Title 18, United States Code, Section 242. COUNT FOUR: (18 U.S.C. § 242) The Grand Jury further charges that: On or about May 16, 1989, in Oakland, California, in the State and Northern District of California, LARRY MARCELL HOUSTON defendant herein, then an officer with the Oakland Housing Authority Police Department, while acting under color of the laws of the State of California, did willfully and unlawfully arrest Jackie Dailey, an inhabitant of the State of California, on a charge of loitering in violation of Oakland Municipal Code 3-13.10, without probable cause to believe Jackie Dailey had committed that crime of loitering, and did thereby willfully deprive Jackie Dailey of the right secured and protected by the Constitution of the United States not to be deprived of liberty without due process of law, which includes the right to be free from arrest and seizure without probable cause by one acting under color of law, all in violation of Title 18, United States Code, Section 242. COUNT FIVE: (18 U.S.C. § 242) The Grand Jury further charges that: On or about June 30, 1989, in Oakland, California, in the State and Northern District of California, LARRY MARCELL HOUSTON defendant herein, then an officer with the Oakland Housing Authority Police Department, while acting under color of the laws of the State of California, did willfully strike and assault Rosie Verduzco, an inhabitant of the State of California, and did thereby willfully deprive Rosie Verduzco of the right secured and protected by the Constitution of the United States not to be deprived of liberty without due process of law, which includes the right to be secure in her person and free from the intentional use of unreasonable force by one acting under color of law, resulting in bodily injury to Rosie Verduzco, all in violation of Title 18, United States Code, Section 242. COUNT SIX: (18 U.S.C. § 242) The Grand Jury further charges that: On or about June 30, 1989, in Oakland, California, in the State and Northern District of California, LARRY MARCELL HOUSTON defendant herein, then an officer with the Oakland Housing Authority Police Department, while acting under color of the laws of the State of California, did willfully and unlawfully arrest Rosie Verduzco, an inhabitant of the State of California, on a charge of resisting arrest, without probable cause to believe Rosie Verduzco had committed that crime of resisting arrest, and did thereby willfully deprive Rosie Verduzco of the right secured and protected by the Constitution of the United States not to be deprived of liberty without due process of law, which includes the right to be free from arrest and seizure without probable cause by one acting under color of law,all in violation of Title 18, United States Code, Section 242. COUNT SEVEN: (18 U.S.C. § 242) The Grand Jury further charges that: On or about June 30, 1989, in Oakland, California, in the State and Northern District of California, DANIEL WAYNE BROUSSARD defendant herein, then an officer with the Oakland Housing Authority Police Department, while acting under color of the laws of the State of California, did willfully permit another Oakland Housing Authority police officer in his presence and under his supervision, namely defendant LARRY MARCELL HOUSTON, willfully and unlawfully to strike and assault Rosie Verduzco, an inhabitant of the State of California, while Rosie Verduzco was detained by or in the custody of the Oakland Housing Authority Police, and DANIEL WAYNE BROUSSARD willfully took no steps to terminate the unlawful assault, and did thereby willfully deprive Rosie Verduzco of the right preserved and protected by the Constitution of the United States not to be deprived of liberty without due process of law, which includes the right to be kept free from harm while in official custody or detention, resulting in bodily injury to Rosie Verduzco, all in violation of Title 18, United States Code, Section 242. COUNT EIGHT: (18 U.S.C. § 242) The Grand Jury further charges that: On or about June 30, 1989, in Oakland, California, in the State and Northern District of California, SCOTT MATTHEW DWYER defendant herein, then an officer with the Oakland Housing Authority Police Department, while acting under color of the laws of the State of California, did willfully strike, kick and assault Salvador Verduzco, an inhabitant of the State of California, and did thereby willfully deprive Salvador Verduzco of the right secured and protected by the Constitution of the United States not to be deprived of liberty without due process of law, which includes the right to be secure in his person and free from the intentional use of unreasonable force by one acting under color of law, resulting in bodily injury to Salvador Verduzco, all in violation of Title 18, United States Code, Section 242. COUNT NINE: (18 U.S.C. § 242) The Grand Jury further charges that: On or about June 1, 1989, in Oakland, California, in the State and Northern District of California, SCOTT MATTHEW DWYER defendant herein, then an officer with the Oakland Housing Authority Police Department, while acting under color of the laws of the State of California, did willfully strike and assault David McClendon, an inhabitant of the State of California, and did thereby willfully deprive David McClendon of the right secured and protected by the Constitution of the United States not to be deprived of liberty without due process of law, which includes the right to be secure in his person and free from the intentional use of unreasonable force by one acting under color of law, resulting in bodily injury to David McClendon, all in violation of Title 18, United States Code, Section 242. COUNT TEN: (18 U.S.C. §§ 242 and 2) The Grand Jury further charges that: On or about June 1, 1989, in Oakland, California, in the State and Northern District of California, DANIEL WAYNE BROUSSARD defendant herein, then an officer with the Oakland Housing Authority Police Department, while acting under color of the laws of the State of California, willfully aided and abetted coconspirator Jeff Paul Garden in the unlawful arrest of David McClendon, an inhabitant of the State of California, on a charge of possession of cocaine, without probable cause to believe David McClendon had committed the crime of possession of cocaine, and did thereby willfully deprive David McClendon of the right secured and protected by the Constitution of the United States not to be deprived of liberty without due process of law, which includes the right to be free from arrest and seizure without probable cause by one acting under color of law, all in violation of Title 18, United States Code, Sections 242 and 2. COUNT ELEVEN: (18 U.S.C. § 242) The Grand Jury further charges that: On or about November 25, 1989, in Oakland, California, in the State and Northern District of California, SCOTT MATTHEW DWYER defendant herein, then an officer with the Oakland Housing Authority Police Department, while acting under color of the laws of the State of California, did willfully strike and assault Darnell Roy Wordlow, an inhabitant of the State of California, and did thereby willfully deprive Darnell Roy Wordlow of the right secured and protected by the Constitution of the United States not to be deprived of liberty without due process of law, which includes the right to be secure in his person and free from the intentional use of unreasonable force by one acting under color of law, resulting in bodily injury to Darnell Roy Wordlow, all in violation of Title 18, United States Code, Section 242. COUNT TWELVE: (18 U.S.C. § 242) The Grand Jury further charges that: On or about June 29, 1989, in Oakland, California, in the Northern District of California, JUAN DALE REESE defendant herein, then an officer with the Oakland Housing Authority Police Department, while acting under color of the laws of the State of California, did willfully strike and assault Glenn Losh, an inhabitant of the State of California, and did thereby willfully deprive Glenn Losh of the right secured and protected by the Constitution of the United States not to be deprived of liberty without due process of law, which includes the right to be secure in his person and free from the intentional use of unreasonable force by one acting under color of law, resulting in bodily injury to Glenn Losh, all in violation of Title 18, United States Code, Section 242. COUNT THIRTEEN: (18 U.S.C. § 242) The Grand Jury further charges that: On or about October 7, 1989, in Oakland, California, in the State and Northern District of California, SCOTT MATTHEW DWYER defendant herein, then an officer with the Oakland Housing Authority Police Department, while acting under color of the laws of the State of California, did willfully strike and assault Jerry Watkins, an inhabitant of the State of California, and did thereby willfully deprive Jerry Watkins of the right secured and protected by the Constitution of the United States not to be deprived of liberty without due process of law, which includes the right to be secure in his person and free from the intentional use of unreasonable force by one acting under color of law, resulting in bodily injury to Jerry Watkins, all in violation of Title 18, United States Code, Section 242. COUNT FOURTEEN: (18 U.S.C. § 242) The Grand Jury further charges that: On or about November 14, 1989, in Oakland, California, in the State and Northern District of California, SCOTT MATTHEW DWYER defendant herein, then an officer with the Oakland Housing Authority Police Department, while acting under color of the laws of the State of California, did willfully strike, kick and assault Bob Pursley, a police officer then acting in an undercover capacity and known in that capacity as Bob Boyd, an inhabitant of the State of California, and did thereby willfully deprive Bob Pursley of the right secured and protected by the Constitution of the United States not to be deprived of liberty without due process of law, which includes the right to be secure in his person and free from the intentional use of unreasonable force by one acting under color of law, resulting in bodily injury to Bob Pursley, all in violation of Title 18, United States Code, Section 242. COUNT FIFTEEN: (18 U.S.C. § 242) The Grand Jury further charges that: On or about November 14, 1989, in Oakland, California, in the State and Northern District of California, SCOTT MATTHEW DWYER defendant herein, then an officer with the Oakland Housing Authority Police Department, while acting under color of the laws of the State of California, arrested and assisted in the arrest of Bob Pursley, a police officer then acting in an undercover capacity and known in that capacity as Bob Boyd, and in the course of this arrest, willfully stole, purloined, and appropriated for his own use, property possessed by Bob Pursley, that is, one hundred seventy dollars ($170) in United States currency, and did thereby willfully deprive Bob Pursley of the right preserved and protected by the Constitution of the United States not to be deprived of property without due process of law by one acting under color of law, all in violation of Title 18, United States Code, Section 242. COUNT SIXTEEN: (18 U.S.C. §§ 242 and 2) The Grand Jury further charges that: On or about November 21, 1989, in Oakland, California, in the State and Northern District of California, LARRY MARCELL HOUSTON and JUAN DALE REESE defendants herein, then officers with the Oakland Housing Authority Police Department, while acting under color of the laws of the State of California and aiding and abetting each other, arrested and assisted in the arrest of George Elzie, a police officer then acting in an undercover capacity and known in that capacity as Matthew Johnson, an inhabitant of the State of California, and in the course of this arrest, willfully stole, purloined, and appropriated for their own use, property possessed by George Elzie, that is, three hundred fifty dollars ($350) in United States currency, and did thereby willfully deprive George Elzie of the right preserved and protected by the Constitution of the United States not to be deprived of property without due process of law by one acting under color of law, all in violation of Title 18, United States Code, Sections 242 and 2. COUNT SEVENTEEN:(18 U.S.C. §§ 242 and 2) The Grand Jury further charges that: On or about August 25, 1989, in Oakland, California, in the State and Northern District of California, LARRY MARCELL HOUSTON, JUAN DALE REESE, DANIEL WAYNE BROUSSARD, and SCOTT MATTHEW DWYER, defendants herein, along with coconspirator Jeff Paul Garden, then officers with the Oakland Housing Authority Police Department, while acting under color of the laws of the State of California and aiding and abetting each other, arrested and detained and assisted in the arrest and detention of Cliofas Soluno, an inhabitant of the State of California, and in the course of this arrest, willfully stole, purloined, and appropriated for their own use, property belonging to Cliofas Soluno, that is, approximately two thousand dollars ($2000) in United States currency, and did thereby willfully deprive Cliofas Soluno of the right preserved and protected by the Constitution of the United States not to be deprived of property without due process of law by one acting under color of law, all in violation of Title 18, United States Code, Sections 242 and 2. COUNT EIGHTEEN:(18 U.S.C. 𨵊) The Grand Jury further charges that: On or about June 26, 1989, in Oakland, California, in the State and Northern District of California, JUAN DALE REESE defendant herein, then an officer with the Oakland Housing Authority Police Department, while acting under color of the laws of the State of California, did willfully cause false evidence to be presented to the Alameda County Superior Court during a hearing in case No. 137950 on the state's petition against a juvenile, then an inhabitant of the State of California, charging the juvenile with possessing rock cocaine, and did thereby willfully deprive that juvenile of the right preserved and protected by the Constitution of the United States not to be deprived of liberty without due process of law, which includes the right not to have false evidence intentionally presented against him at an official proceeding by one acting under color of law, all in violation of Title 18, United States Code, Section 242. COUNT NINETEEN:(18 U.S.C. 𨵊) The Grand Jury further charges that: On or about October 27, 1989, in Oakland, California, in the State and Northern District of California, JUAN DALE REESE defendant herein, then an officer with the Oakland Housing Authority Police Department, while acting under color of the laws of the State of California, did willfully cause false evidence to be presented to the Alameda County Superior Court during a hearing in case No. 146952 on the state's petition charging that a juvenile, then an inhabitant of the State of California, did possess marijuana for sale, and did thereby willfully deprive that juvenile of the right preserved and protected by the Constitution of the United States not to be deprived of liberty without due process of law, which includes the right not to have false evidence intentionally presented against him at an official proceeding by one acting under color of law, all in violation of Title 18, United States Code, Section 242. DATED: August 24, 1990 A TRUE BILL _________________________ GRAND JURY FOREPERSON _______________________________ WILLIAM T. McGIVERN, JR. United States Attorney Northern District of California (Approved as to Form ______) AUSA: GLENN [cited in Civil Rights Resource Manual 60]