Lack of a witness prompted the Lake County District Attorney”s Office to dismiss its case against former Clearlake Police Officer Tim Fassler. Fassler was acquitted of all charges alleging that he had contributed to the delinquency of a minor by providing an underage subject with alcohol.
Senior Deputy District Attorney John Langan moved to dismiss the charges on Wednesday, June 20 when his lone witness failed to show up to court on two occasions, despite the subpoena that had mandated her appearance.
“The prosecution never had a case. There were numerous omissions and misstatements of fact in the police report, which was both prepared and approved by Mike Hermann, who was coincidentally promoted to lieutenant soon after the charges were filed against Tim Fassler,” said Michael Fassler, the second attorney for the defense and Tim Fassler”s brother. “There were significant problems in the police investigation. They failed to interview persons identified by the witness as material to the case. The only evidence the prosecution cited was the testimony of a young woman who couldn”t even remember where she lived.”
According to Langan, the District Attorney”s Office did believe its witness to be credible and its case to be strong. “We had spoken to the victim shortly before the trial and we would not have gone forward if we didn”t think she was credible,” Langan said in an interview by the Clear Lake Observer-American newsroom. “Based on the testimony and the investigation by the Clearlake Police Department and the interviews that were done by our office, the victim provided ample evidence and argue to take the case to trial.”
The prosecution”s case had relied heavily on the testimony of Fassler”s accuser, Brittney Martinez, who at the time of the alleged crime was 17-years-old, pregnant and residing in foster care. The trial did not get past opening statements as Martinez did not show up to court on June 19 nor did she show up on June 20.
In his opening statement, Langan described the locations relating to the Dec. 10 incident. According to Langan, Martinez had attended a Christmas party at the home of a local business owner in the Clearlake Village area. She reportedly left that party and around 12:20 a.m. was arrested at the Clearlake Commons Apartments at Austin Road and Old Highway 53 following a report of an intoxicated teenager.
“She was unable to provide the officer with information of how she got there and where she”d been drinking,” Langan said, adding that she was then taken to Redbud Community Hospital for medical clearance and then booked into Juvenile Hall in Lakeport. He also added that a police investigation determined that another guest of the party had given Martinez a ride to the apartment complex where she was later arrested.
Langan continued claiming that Martinez had been served at least two or maybe three alcoholic drinks at the party. “The evidence will show that Brittney did not go behind the bar and make her own drink,” Langan said. “Brittney was not able to identify the person who gave her the first drink, but her testimony will state that the defendant provided her with that second drink.”
According to Defense Attorney Susan Feeney, there were approximately 35 people at the party where Martinez was supposedly served alcohol by the defendant. “Not one person says that Mr. Fassler was behind the bar making drinks,” she stated.
Present to testify for the defense were Pete Loustalot, host of the party; Brett Freeman, the person who gave Martinez a ride around 10:30 p.m.; and Nova Fox, who brought Martinez to the party. According to statements collected by Daniel Navarro and Associates Private Investigations, all three witnesses claim never to have seen Fassler provide the minor with alcohol.
When Feeney continued her statement, Langan objected as she began to tell the jury that the charges were brought against Fassler in retaliation to an FBI investigation that he had initiated within the Clearlake Police Department and other jurisdictions within the county.
The jury was asked to leave and the attorneys discussed how Feeney would be allowed to proceed. Feeney argued that the information goes to motive. “I don”t think it”s coincidental that the day he resigns from the police department that he”s charged with a crime,” she stated.
Judge Robert L. Crone allowed Feeney to proceed provided that she limit her statement to evidence particular to witnesses involved in the case.
“We intend to prove that Officer (Mike) Hermann was bias against Mr. Fassler in his investigation,” Feeney came back to say. “You will see that (Martinez”s) statements are inconsistent and that (Hermann) did not interview Mr. Fassler.
“I think that after you hear all the evidence you will learn that the people have not proven their case,” Feeney concluded.
When opening statements had concluded and the District Attorney”s witness had still not arrived, Langan requested a recess to locate his witness. Following about a 20-minute break, Langan came back to say that Martinez had left a message in the DA”s office stating she was in San Jose and didn”t have a ride to get back for the trial. At that time, Langan moved to dismiss the charges against Fassler.
The defense claims that the case was a big waste of time and money. “It was a waste of taxpayers” money because the only penalty was up to $250 in fines yet tens of thousands of taxpayer dollars were spent on the case not mention the time of the 90 potential jurors who showed up,” Michael Fassler said. “After reviewing the police report and interviews with witnesses, it was shockingly clear that Officer Hermann was only focused on accusing Tim Fassler of a crime. He continually ignored other suspects and ignored admissions of crimes by others involved including their key witness.
“Based on the circumstances of the case and the length in which the DA”s office went to prosecute it, it is my opinion that the case against Tim Fassler was brought in retaliation for Tim”s cooperation with the FBI during its prior investigation of ex-police chief Bob Chalk, a close and personal friend of investigating officer Hermann.”
Although Tim Fassler has spent close to $10,000 clearing his name, the issue is not over and he said he will be pursuing civil charges against the Clearlake Police Department and Officer Hermann.
Contact Denise Rockenstein at drockenstein@clearlakeobserver.com.
