After nearly three months of delay, a judge set the preliminary
hearing date Friday for a suspect shot by university police in an
altercation in Kerckhoff Hall on Oct. 5.
The preliminary hearing, set for Jan. 26, has been delayed since
late October to give the defense more time to collect evidence and
prepare for trial.
Willie Davis Frazier, Jr., a 52-year-old transient, was
trespassing in Kerckhoff Hall when he was confronted by a
university police officer. A physical altercation ensued, and
Frazier was shot twice.
Previously, defense attorney John Raphling had used the delays
to obtain documents and information from university police, the
prosecution and other agencies.
During Friday’s court hearing, Judge Catherine Mader spoke
to officers of the El Camino Community College Police Department
and the Long Beach Police Department and determined that neither
agency had to turn over any documents to the defense.
Among documents and information already received by the defense
were tape recordings of part of the incident, use of force reports
and medical reports.
Frazier, who has been in jail since he was released from the
UCLA Medical Center on Oct. 11, pleaded not guilty to two counts of
assault and one account of removing an officer’s weapon.
The preliminary hearing is used to determine whether or not
there is probable cause to continue with the trial.
“Probable cause is a very low standard,” said Frank
Tavelman, lead council for the prosecution and deputy district
attorney. “It’s the same standard that a police officer
would use to arrest somebody.”
During a preliminary hearing the burden of proof is on the
prosecution, Tavelman said. He added that he plans to have Officer
Terrence Duren, the officer involved in the confrontation,
testify.
If the judge determines there is probable cause to begin the
trial, Frazier will be arraigned within two weeks of the
preliminary hearing.
Tavelman said the earliest the trial will begin is 60 days after
the arraignment.