Feb 23 2011

You Know How People Sometimes Accuse the Police of Planting Evidence? Well…

Art Hazelwood

Lorenzo Hall, a.k.a. Zoe Tha Roasta, won a settlement for a total of $300,000 from the City of Oakland. Zoe tha Roasta is a bay-area rapper who accused the police of planting a firearm on him when he was arrested back in 2006.

From the San Francisco Chronicle:

The city of Oakland has agreed to pay $300,000 to settle a lawsuit filed by a parolee who said an Oakland police officer planted a gun on him, causing him to be jailed for almost two years for allegedly possessing a weapon illegally.

Lorenzo Hall, a rapper well known among local audiences, was awarded $175,000 by a federal jury in October because of the actions of former Officer Ramon Alcantar. The settlement, which the City Council approved in a 5-3 vote in closed session Tuesday, will include that amount as well as attorney’s fees, said Assistant City Attorney Barbara Parker.

According to the article, Mr. Hall was arrested by officer Alcantar in 2006 for various weapons offenses, including the illegal possession of a firearm because he was a convicted felon. The article suggests that according to the Police Deparment, “a confidential informant had tipped police that a man named “Zo” was carrying a gun.”

Zoe maintained that he did not have a gun and “that after he was put into the back of a patrol car, Alcantar told him through the open window, “I found your gun.” According Mr. Hall’s attorneys, “the gun actually belonged to another man who had hidden it in a car parked near the wake” that he was attending.

Here is the rest of the story according to the Chronicle article:

Hall spent four months in jail before posting bail. In February 2007, prosecutors alleged that he was a “three strikes and you’re out” candidate, and his bail was increased. A judge later determined there was enough evidence to go to trial.

Altogether, Hall spent another 18 months in jail before prosecutors dropped the case in August 2008.

“This was an important case for holding the police officers accountable for their misconduct,” Burris said. “Because Mr. Hall has a criminal record, the officers claimed a weapon found in a car was his when the evidence was clear that the gun belonged to someone else.”

In court papers, attorneys for the city denied any wrongdoing, saying Alcantar had reasonable suspicion to detain Hall based on the informant’s tip.

Alcantar, 39, retired from the department about two years ago. Officials would not say whether he had a history of disciplinary infractions.

The next time someone tells you that the police conspired to frame them, I wouldn’t be quick to dismiss the claims out of hand. This really does happen and the unique aspect of this episode is that the plaintiff has gotten some financial restitution.