Posted on 03/17/2007 5:11:42 PM PDT by bkwells
A judge examined the personnel files of the Coronado police officer who shot Chargers linebacker Steve Foley and decided yesterday that the records would not be released to defense lawyers.
San Diego Superior Court Judge Charles Rogers agreed to look through the records to determine whether Officer Aaron Mansker had been accused of or investigated for excessive force, racial bias or dishonesty.
Finding nothing in those categories, the judge refused to disclose any information from the files.
Mansker, 24, said he saw Foley driving erratically on state Route 163 in the early morning of Sept. 3. The officer, who was off duty and out of uniform, followed Foley for several miles before their confrontation on a cul-de-sac in Poway.
Mansker said Foley approached him on foot and reached for his waistband, as if for a weapon. Foley, 31, was shot in the hip, leg and hand. He was unarmed and has since been charged with misdemeanor drunken driving.
Mansker also said that Foley's female companion got behind the wheel of Foley's Oldsmobile moments before the shooting and tried to run down the officer.
Lisa Maree Gaut, 26, faces felony and misdemeanor charges, including assault with a deadly weapon on a peace officer.
Lawyers for Foley and Gaut asked the judge yesterday to examine the personnel records to determine whether they contained evidence that could undermine the reliability of Mansker's statements.
“The credibility of this officer is at serious issue,” said Raymond Vecchio, who represents Gaut. “We would have the right to question Mr. Mansker with respect to previous incidents.”
Rogers examined the files in his chambers along with representatives from the city of Coronado and the Palomar Community College District, both of which employed Mansker as a police officer over the past two years.
Mansker, who was placed on administrative leave after the shooting, was reinstated in January.
NFL, Foley update....
Everybody knows pro athletes are above the law. What's this cop's problem?
I'm only sorry Mansker didn't shoot Lisa Maree Gaut in the hip, leg and hand. Seems she deserved it more then Foley did !!!
Yep... they screw up and then sue the cop! What a jerk!
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