CITY WON'T DEFEND 7 OFFICERS DECISION COULD CUT LIABILITY.

Byline: Greg Gittrich and Beth Barrett Staff Writers

The Los Angeles City Attorney's Office has refused to defend seven tainted LAPD officers connected to the Rampart scandal, judging their conduct so egregious as to not warrant city-paid lawyers, officials said Monday.

The action, which is rare, exemplifies the city's growing disgust with the police corruption being exposed by crooked-cop-turned-informant Rafael Perez, the officials said.

By refusing to defend the officers in a total of five civil actions, the City Attorney's Office has asserted that the suspected police misconduct - shooting several people and framing some of them and others - took place outside the line of duty.

The move comes at the recommendation of Los Angeles Police Department Chief Bernard Parks and could reduce the city's liability for the actions of the allegedly dirty cops.

``This is not a common situation,'' said LAPD Cmdr. David Kalish. ``It's rather extraordinary.''

Senior Assistant City Attorney Cecil W. Marr agreed, saying the decision to deny the officers representation at taxpayers' expense was ``very unusual.''

In fact, police and city officials could not recall another time in the history of the department when seven or more officers were denied city-financed legal representation. The largest previous denial on record involved four officers in the 1991 beating of Rodney King.

The officers denied legal representation by the city in connection to Rampart are Perez, Nino Durden, Daniel Lujan, Michael Montoya, Edward Ortiz, Mark Richardson, Mario Rios, and Humberto Tovar. The officers could not be reached for comment.

The city made its determination on a case-by-case basis, officials said, which means that some of the same officers may be afforded lawyers in other civil lawsuits filed against the city if their actions are judged to be warranted or within the line of duty.

If new evidence surfaces, the reversal could be reconsidered.

``We do not have a full picture and won't until discovery,'' Marr said. ``We have to act on the information we have now.''

The civil actions involve some of the more reprehensible police misconduct detailed by Perez since he struck a deal last September with investigators in exchange for a more lenient sentence on a cocaine conviction.

According to a Feb. 4 City Attorney's list, the city will not defend Perez and his partner Durden in two separate civil lawsuits related to the wrongful 1996 shooting of Javier Ovando. Ovando served nearly three years of a 23-year sentence for gun and assault charges before being set free late last year at the District Attorney's request.

Perez has told investigators that he and Durden shot Ovando and then framed him. Ovando maintains the officers handcuffed him and then repeatedly shot him in the chest and head.

Ovando and his child have filed separate lawsuits against the city and a long list of city officials and employees.

The City Attorney's Office also has refused to defend Perez in connection with a civil lawsuit filed by Miguel Hernandez, who served eight months in prison on a weapons charge.

The conviction was overturned last November at the request of the District Attorney's Office based upon Perez's statements to investigators.

In addition, Durden has been denied legal representation for his involvement in the 1997 arrest of Ruben Rojas, who claims officers planted cocaine on him when he refused to help them track down a suspect. His six-year sentence was overturned in November based upon Perez's statements.

The other five officers denied legal counsel by the city were involved in a July 1996 raid at 676 S. Shatto Place. The officers shot three people, killing one, during the incident, which Perez has described to investigators as ``dirty.''

To date, at least 15 civil lawsuits, seeking hundreds of millions of dollars in damages, have been filed against the city in connection to Rampart. Hundreds of additional lawsuits are expected.