URGENT ALERT! This case was TOSSED by the Judge - never made it to trial.
☛ ER http://eurekareporter.com/article/080826-judge-throws-out-douglas-zanotti-case
Feeney said the indictments the grand jury handed down to Douglas and Zanotti in December 2007 weren’t supported by probable cause. Insufficient evidence regarding the former leaders’ alleged failure to oversee other law enforcement was also presented to the grand jury, Feeney said, and instructions given on “exigent circumstances” were inadequate.
The grand jury should have also been instructed on justifiable homicide by law enforcement officials, Feeney said.
Original post: Arraignment continued second time, charges exposed
According to the transcripts, Gallegos alleged that Douglas and/or Zanotti committed three acts with criminal negligence and two crimes.
The first act allegedly committed with criminal negligence, was failing to adequately supervise or direct the EPD SWAT team members in relation to Moore — a barricaded subject.
The second act alleged against the defendants is failing to adequately supervise the EPD Crisis Negotiation Team.
The third states that they failed to provide adequate communication between the EPD, SWAT and CNT — to enable them to plan and/or prepare how to respond to Moore....
...The first alleged crime reportedly committed by the defendants is unauthorized destruction of property — a misdemeanor under California Penal Code Section 603.
According to the transcripts, “(It applies) to every person, other than a peace officer engaged in the performance of his duties as such who forcibly and without consent ... enters a dwelling house ... and who damages, injures or destroys any property of value in, around or appertaining to such (a) dwelling. ...”
The second alleged crime is reportedly home invasion, PC 602.5 (a). “(The law states) every person other than a public officer or employee acting within the course and scope of his or her employment in performance of a duty imposed by law, who enters or remains in any ... residential place without the consent of the owner ... or the person in lawful possession thereof is guilty of a misdemeanor.”