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Ex-officer wants his trial delayed.


Byline: Bill Bishop The Register-Guard

Citing more than 2,000 pages of police reports that must be reviewed and more than 20 witnesses whose statements must be investigated, a lawyer for former Eugene police officer Roger Eugene Magana is asking a judge to delay Magana's monthlong trial, which is scheduled to begin March 31.

Defense lawyer Russell Barnett also is asking the judge to keep out evidence from phone records and from Magana's police locker and duffel bag, claiming police illegally seized the property during their investigation. The request does not detail what the evidence may show.

Magana, 40, faces 52 counts, including several carrying long mandatory prison terms. The charges name 14 women as victims of crimes allegedly committed by Magana ranging from first-degree rape, sodomy and kidnapping to harassment and official misconduct.

Barnett also wants the judge to order the police and prosecutor to divulge records of other police officers accused of misconduct whose situations were resolved without criminal prosecution. The request is an effort to portray Magana as a victim of selective prosecution, in violation of a constitutionally guaranteed right to equal treatment under the law, according to court records.

The request for police records is identical to one submitted in the case of convicted former Eugene police officer Juan Francisco Lara, 30, who was sentenced last month to more than five years in prison for official misconduct and public indecency. The judge in Lara's case rejected Lara's request for other officers' personnel records.

A hearing on the legal issues in Magana's case is set for March 19.

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No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2004, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:Crime; His lawyer also asks to see records of other officers disciplined for misconduct
Publication:The Register-Guard (Eugene, OR)
Date:Mar 11, 2004
Words:261
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