Anaheim Police Win Secrecy On Controversial Manuel Diaz Killing Files

manueldiazocw.jpg
Diaz
The Anaheim Police Department and an officer who killed an unarmed, 25-year-old gangster in July 2012, do not want the public to see the contents of Orange County District Attorney's office investigation files about the incident.

U.S. District Court Judge James V. Selna approved the defendants' request that the lawyers for the estate of Manuel Diaz's only be allowed to review the files if they agree not publicly share the contents or allow the information to be used in future police excessive force lawsuits.

The records that will be kept under seal include Orange County Crime Lab analysis, the autopsy report, the decedent's criminal history index as well as Anaheim police reports accumulated in hopes of justifying the killing.

In March, District Attorney Tony Rackauckas declared the shooting by veteran officer Nick Bennallack was "reasonable and justified," a stance hailed by the Anaheim Police Association as obvious.

But Genevieve Huizar, the mother of the victim, believes her son was gunned down in a display of excessive force, according to a federal lawsuit filed in Orange County's Ronald Reagan Federal Courthouse.

Huizar is seeking $50 million in damages.

The Diaz killing began a series of intense community protests against alleged police abuse in Anaheim.

Police officials insist their cops use lethal force only when they believe their own lives are in jeopardy or to protect innocent citizens.

A mediation to resolve the lawsuit before trial and using U.S. Magistrate Judge Robert N. Block initially had a late August deadline, but has been extended to an Oct. 4 settlement conference, according to court records.

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Email: rscottmoxley@ocweekly.com. Twitter: @RScottMoxley.

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13 comments
LauraD
LauraD

This is disgusting, they're hiding what the RATIONAL citizens already know, THIS WAS MURDER. 

fc2479
fc2479

Keep up the good work APD.....you are loved and appreciated!!!!!!!!!!!! 

cynthia241
cynthia241

Now what? Any attorneys out there want to weigh in on whether this is even remotely legal, and what citizens can possibly do to force the issue here? How is it that the minute the bullet leaves an officer's gun, the news crews are told the victim was a violent gang member (without supplying actual proof they have any gang connections) and law enforcement sends out their spokespeople to plaster the public with the message of anything negative they can come up with the destroy the reputation of the dead man and try him in the courts of public opinion, but the same public is not permitted to hear the flip side about who the cop is and what happened? I've said it before, I do not know what happened that day or during any of the other shootings, but I do know we will never be assured of the community's safety until the DA stops sugar coating this stuff and lets us have the truth! 

risinwind70
risinwind70

Way to go T-Rax! So much for transparency. He's a typical county DA with his nose up every PD and SDs ass!

tdowning666
tdowning666

The only reason why Anaheim would want this evidence kept secret is because the evidence DOES NOT support the city's claims the murder was reasonable or justifed

paullucas714
paullucas714 topcommenter

You are reminding me of the main character in the movie mother midnight. 

18usc241
18usc241 topcommenter

"You have nothing to fear if you have nothing to hide" Joseph Goebbels - Nazi Minister of Propoganda

Chingazo
Chingazo

And I guess Stomper has no comment either?

paullucas714
paullucas714 topcommenter

That's total bullshit. How can this kind of secrecy be even remotely legal?

LauraD
LauraD

@fc2479 loved and appreciated for committing murder and getting away with it? Hope it doesnt happen to your friends or family and dont think for 1 second it wont. All it takes is one trigger happy PIG and what he wants to say he saw or thought was gonna happen from anything like a traffic stop to jay walking or what he thought was in your waistband.  Sickening

18usc241
18usc241 topcommenter

@cynthia241 There's a ton of federal grant money in all this Cynthia. 

And I'll say it forever. This police community can't care about gang member violence when they are using criminals to commit crimes for them (harassment/intimidation/reputation destruction/property destruction/attempted murder etc.).It's as hypocritical and disgusting as it can get. At least Bernie Madoff never tried to physically kill one of his victims to keep the gutter trash life going.

Your cops were stupid enough to treat this Hispanic American man German Santos as if he was a gang member while I was working to help the police/private sector in Colombia. If they are capable of that, they are capable of anything. I say this not just for me but for all folks in places like Guinida lane/Anna drive who are victims of this garbage. Especially the one's who can't speak anymore - about 14 years ago that was almost my fate. 


18usc241
18usc241 topcommenter

@Chingazo Looking forward to the day someone tries to argue that the HD quality video is lying.  


fc2479
fc2479

@LauraD @fc2479  Well apparently the courts do not see it that way....if you hate the police so much....what is your suggestion on what society should have as law enforcement????   I mean we do need some type of law enforcement in society....right. 

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