A Government Claim for More Than $51 Million is Filed against the City of Los Angeles/LAPD and the City of Burbank/BPD over the Police Killing of Assaf Deri.

LOS ANGELES & BURBANK, Calif. -- A government claim for more than $51 million was filed June 24, 2005 against the City of Los Angeles/Los Angeles Police Department and the City of Burbank/Burbank Police Department over the alleged wrongful killing of Assaf Deri on June 25, 2004 by the police. The claim also alleges that Assaf Deri was killed because of his race and national origin (Middle Eastern) and his religion (Jewish) and/or his perceived religion (Muslim). Browne Greene and Robert D. Jarchi with the Santa Monica, CA law firm of Greene Broillet & Wheeler, LLP represent the Claimants, including the Estate of Assaf Deri through the decedent's parents, Pinchas Deri and Yehudit Deri. Assaf Deri et. al. v. City of Burbank, Burbank Police Department, City of Los Angeles, Los Angeles Police Department et. al., Case No. C05-600801.

According to the claim, Assaf Deri was driving his car near 12828 Oxnard Street in North Hollywood, CA on June 25, 2004 when he was pursued by undercover, plain clothes police officials. The police allegedly falsely imprisoned Assaf Deri by boxing him into an alley with their vehicles and then, per the claim, fired multiple rounds upon him while he was in his car, killing him. At the time of this incident, he was not engaging in any illegal or suspicious activity, and was not under the influence of drugs or alcohol. Assaf Deri had no prior criminal record.

Then, as described in the claim, the police attempted to justify the homicide by going to Assaf Deri's home, where they conducted a fruitless search for contraband and/or illegal activities without probable cause and without reasonable suspicion. Witnesses to these events, as named in the claim, include LAPD Detective Moberly, Officer Denise Bertone and DA E. Cheung, among others who were present at the scene.

An "Application to File a Late Claim" on behalf of the Claimants was filed concurrently with their Government Claim. California law requires that claims against government entities be filed within a 6-month period of time from the date of an incident, and allows an additional 6-month period to file a late claim or such a claim is forever barred. Assaf Deri's father, Pinchas Deri, and his mother, Yehudit Deri, filed their Government Claim on June 24, 2005, which was the last possible date that they could do so.

According to the "Application," the Deris did not file a timely claim because, as Israeli citizens unfamiliar with local laws and not fluent in English, they relied on representations by the police, district attorney and internal affairs investigators, who purportedly told them that it would take 8 months to a year to investigate the killing of their son and that they should not take any action until the investigation was complete. Only after consulting with an attorney on June 15, 2005 about the alleged ongoing police investigation into Assaf's death did the Deris become aware of the police's wrongdoing and of the claims filing procedure. The Deris then acted immediately and filed the proper pleadings.

"It is an outrage that the police would kill Assaf Deri without cause or provocation," stated Browne Greene, "and then barge into his home under false pretenses to look for non-existent evidence in the hopes of providing an excuse to cover up their crime of murder. That search was fruitless, but it did not stop the police from further lying to Assaf's parents and advising them to take no action until the investigation was complete which would have ultimately precluded them from filing a government claim against the police.

"Everyone involved in trying to sweep this heinous crime under the table needs to stand up and be accountable to the Deri family," added Browne Greene. "We will do everything in our power to see that they have their day in court and that justice is served, especially among those police officers whose conduct desecrates the very laws that they swore to uphold and protect."

Editor's Note:

Browne Greene and Robert D. Jarchi are with the Santa Monica, CA law firm of Greene, Broillet & Wheeler, LLP; Tel: [phone]; www.greene-broillet.com.