Officer in Vandalism Trial Can Take 5th Amendment

A prosecution witness in the Dalton Avenue police vandalism case can refuse to answer further questions posed to him on the stand, a judge ruled Tuesday.

The witness, Los Angeles Detective Robert Clark, who obtained the search warrant that led to a drug raid in South-Central Los Angeles on Aug. 1, 1988, has the right to invoke the 5th Amendment so as not to incriminate himself, Municipal Judge Larry Fidler said.

Prosecutors called the ruling a setback, while an attorney for one of the three officers on trial said it leaves the defense “marooned” because it will not be able to cross-examine the detective. By refusing to testify, Clark leaves himself vulnerable to possible discipline and firing by the Police Department. Department policy requires officers to testify even at the risk of self-incrimination.