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In a case that echoes the Riders police misconduct scandal, the Alameda County district attorney’s office is reviewing cases handled by two Hayward cops who allegedly framed a man arrested for rape. “We’re trying to do what we can to make sure that no one is unfairly incarcerated,” said Thomas Rogers, the assistant district attorney who is leading the review. The probe � which may encompass two decades worth of cases — began after a 1997 rape and kidnapping case went awry. In that case, Rodney Baylis was arrested but later exonerated by DNA evidence that implicated his brother, Patrick Baylis. Earlier this month, Patrick Baylis, was convicted of the crime in People v. Baylis, H28364. At Patrick Baylis’ trial, Hayward officer Rodney Posey testified that the victim had originally identified Patrick Baylis as her assailant. But Posey said a senior police officer, now-retired Detective Frank Daley, told him to keep that information out of his report. When Daley took the witness stand, he denied that he told Posey to alter the report. To build their case against Patrick Baylis, prosecutors took the unusual step of questioning Daley’s handling of the Rodney Baylis case. They theorized that Daley wanted to pin the crime on Rodney Baylis, a convicted rapist who had sexual assault warrants out for his arrest at the time. In the wake of 38-year-old Patrick Baylis’ conviction, the DA, public defender, police department and private defense lawyers are re-examining cases that involve Posey and Daley. Posey has been reassigned to “non-field” duties, said Hayward Interim Police Chief Pat Dwyer. Two police investigators have been assigned to identify all cases Posey and Daley handled — either separately or together — which led to someone being incarcerated, Dwyer said. All of those cases will be turned over to the district attorney, he said. The DA will not file criminal charges against Posey or Daley because the statute of limitations has run out for their alleged 1997 misconduct, Rogers said. The DA also will not pursue perjury charges against Daley, Rogers said, because his testimony, even if false, did not affect the outcome of the trial, a legal standard for perjury. “I work with most of [Alameda County's] police departments, and I feel that they have strong integrity,” Rogers said. “This is embarrassing to them.” The probe could take a long time, said Assistant Public Defender James Pandell, noting that Daley was with the Hayward police department 27 years and was a detective for 19 years. “I would suspect that he was involved with a number of cases that we would have handled,” Pandell said. “This could be a fairly lengthy process.” Pandell, who as a private citizen also penned a letter to Hayward’s Daily Review about the case, expressed outrage about the scandal. He said that Posey’s actions allowed the true assailant to remain free for two years. When lawmakers devised penalties for falsifying a police report, they had ordinary citizens in mind, Pandell said. “They did not contemplate that it would be done by a police officer.” Private criminal defense attorneys note that several police misconduct investigations in the past few years have prompted them to revisit their clients’ cases to determine whether any of the accused officers were involved. The Alameda County DA’s office dismissed more than 80 cases after a rookie cop told supervisors about self-styled Rider cops who beat up suspects, lied in police reports and planted evidence. Three officers were tried and acquitted of eight charges, but a jury deadlocked on the other 27 allegations. The case will be retried next year. The Oakland Police Department was rocked by another scandal in 2002 when two on-duty narcotics officers were arrested during a San Leandro prostitution raid. San Leandro police found a large amount of cash as well as cocaine and heroin in the Oakland officers’ van. Philip Schnayerson, a name partner with Garcia, Schnayerson & Mockus, a Hayward criminal defense firm, said that in light of the other scandals the Baylis case is no surprise. “We are going to go through our cases,” said Schnayerson. Defense attorneys “see [police misconduct] all the time, although when we see it, it is usually pooh-poohed by the courts.” Frank Lang, another Hayward criminal defense attorney, said that it might be tough for the private bar to flag cases that were handled by Posey and Daley. Defense attorneys track their cases by their clients’ names, not by witnesses’ name. Also, some cases may be so old attorneys may no longer have the case records, he said. What makes the Baylis case unique is that Deputy DA Christopher Lamiero crafted the case against Patrick Baylis by casting doubt on Daley’s police work. Prosecutors’ traditional role is to defend police investigations. During the initial rape and kidnapping investigation, Posey drove the then 19-year-old victim to a traffic stop where Patrick Baylis had been detained. She “emphatically” identified Baylis as her attacker. But Daley told Posey to exclude that from his police report, Lamiero said. Since Rodney and Patrick Baylis look very similar, other officers advised Daley against showing the victim photos to identify the suspect. Daley did so anyway, showing the victim one picture �� of Rodney Baylis, the prosecutor said. Even before he showed the victim the photo, Daley had created a wanted poster for Rodney Baylis, Lamiero said. “When confronted with something like this, it is incumbent upon me and incumbent upon other prosecutors to seek the truth,” Lamiero said.

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