CLEARLAKE — Former Lakeport Police officer Richard Erickson told the court today that he was wrong for having sex while on duty, an activity which spurred one of the charges things for which he is on trial. He and defense attorney Don Anderson, however, hold that it wasn”t illegal.
Erickson, an 11-year police force veteran, faces felony counts of misappropriation of government funds, making terrorist threats and violating a restraining order obtained on behalf of former Lakeport resident Josephina Cerda, a then 18-year-old with whom he admitted on the stand to having an affair beginning in September of 2005.
The misappropriation charge stems from time he spent conducting the extramarital affair and at his Miramonte Avenue home, then under construction, up until he was placed on administrative leave by the department in June of 2006 following a District Attorney”s Office investigation.
Anderson said in a previous interview with the Record-Bee that while he wasn”t going to argue that the sexual encounters didn”t happen while Erickson was on duty, he was going to argue that the acts were not illegal.
The crime itself is time how much time he”s spent on personal business while on duty,” said Anderson in explaining the distinction he was going to argue.
Erickson testified to spending no more than 15 to 20 minutes at a time with Cerda while on duty.
Back on the stand, Erickson emphasized Thursday that he had been disciplined for having sex on duty when he was fired, purportedly without opposition. “I haven”t contested that I was wrong, but I never thought there would be any legal action or crime involved at all,” he said.
Cross-examination by Deputy District Attorney Rachel Abelson pointed to Erickson”s alleged efforts to hide the fact that he was conducting a sexual affair while on duty.
Erickson denied that he had hidden the acts, despite questioning by Abelson referencing a previous indication by Cerda that he had asked her not to reveal their relationship his supervisors. Abelson rattled off a list of supervising LPD officers, asking with each name if he had told the officer he was having sex on duty. To each, save for one, Erickson said he had not.
Erickson added that he would have told anyone else who had asked about the affair.
Part of Anderson”s defense has been pointing to the commonality of officers regularly patrolling outside of Lakeport city limits, and spending time on the internet playing games, planning vacations or conducting other personal business.
Abelson called to the stand retired Police Chief Thomas Engstrom, Lt. Brad Rasmussen and Sgt. Kevin Odom, questioning all regarding the LPD”s policies and accepted practices regarding patrol outside city limits.
All independently reported that going outside city limits was on an as-needed basis for backup or for following leads on wanted persons. Beyond that, said Odom, permission would be needed.
Regarding the department”s accepted practice on patrol outside the city, Engstrom said, “I”m not saying it doesn”t happen, but it”s not an authorized practice.”
Evidence concluded Wednesday afternoon, with closing arguments expected to begin today at 9 a.m. in Dept. 4 of the Lake County Courthouse, the South Civic Center in Clearlake.
Presiding Superior Court Judge Steve Hedstrom said the jury is expected to stay until 4 p.m. at the earliest, and possibly until 5 p.m. to deliberate today. Whether or not the jury will be back for deliberation on Monday will be revisited at the close of business today.
Contact Tiffany Revelle at trevelle@record-bee.com.
