ATTORNEY IN POLICE AMBUSH ASKS FOR DISMISSAL OF CASE.

Byline: Donna Huffaker Staff Writer

The case against a man accused of leading a Glendale police officer into a fatal ambush in 1997 should be dismissed, because what he did was not a crime, his attorney argued Friday.

Prosecutors allege that Ronald Davey, 51, allowed police to enter a Chatsworth pornography warehouse and lied as to the whereabouts of a suspect they were looking for.

A jury deadlocked 8-4 to convict Davey on Feb. 22 of involuntary manslaughter in the death of Glendale police investigator Chuck Lazzaretto, who was shot and killed by the suspect in the warehouse. Davey is also accused of being an accessory to the death.

Davey's attorney, Mitchell Egers, said Friday that a retrial should not take place because his client did not break the law. He also believes the jury did not understand the case for acquittal.

``We feel a crime was not committed and that there was a misunderstanding in the first trial,'' Egers said.

Lazzaretto and investigator Art Frank drove to Elegant Angel Video that night to see if Israel Gonzalez was at work, police said. Police wanted to question him regarding an assault on Gonzalez's girlfriend.

Lazzaretto was gunned down by Gonzalez, sparking an eight-hour standoff with intermittent gunfire between SWAT and Los Angeles police officers and Gonzalez, who ultimately killed himself.

Deputy District Attorney Larry Morrison told jurors during the trial that Davey allowed the police to enter the warehouse and lied to them about Gonzalez's presence, knowing Gonzalez was in the building.

Matthew Vallance, Davey's attorney at the trial, had said Davey was not guilty of involuntary manslaughter. Pointing out that Davey did not pull the trigger, Vallance told jurors Frank lied and police failed to take precautions.

Egers, who took over Davey's defense along with attorney James Barnes after the mistrial, reiterated his client's innocence outside of the courtroom Friday.

Morrison, who stands firm on his argument that Davey is accountable for the death of a policeman, declined to say whether he would offer Davey a plea bargain. Before the trial last winter, Davey turned down an offer of two years in prison.

Court documents say Davey has has a heart condition that would be a medical impediment to a prison term. Davey did not appear in court Friday because he was hospitalized, Egers said in court.

The judge will rule on the defense motion to dismiss the case on Oct. 5. That also will be the day a trial date would be scheduled if the dismissal is refused.