Berrey, board spar over settlement
Boulaalam seeks civil damages over July, 2013 arrest.
Attorney Allen Berrey spoke to the Mono County Board of Supervisors, on behalf of his client Youssef Boulaalam during public comment on Tuesday, August 12, regarding a claim for damages, filed on January 8, 2014.
Boulaalam, a Moroccan native who currently resides in the San Diego area, was arrested on the night of July 10, 2013 just outside of Bridgeport after Sheriff Department Deputy Art Torres and Sergeant Rick Hahn found a loaded handgun in backpack in his car. They originally pulled him over for suspicion of driving while under the influence, but continued to search his car; all while the dashboard surveillance camera was recording.
California Superior Court Judge Mark Magit suppressed all evidence in the case against Boulaalam in February after finding no probable cause to pull him over in the surveillance video. The misdemeanor charges against Boulaalam were then dropped and the case dismissed in March due to lack of evidence.
“I had no choice but to file a claim,” Berrey told the Board on Tuesday. “I have an ethical obligation to the general public and the constitution itself.” Berrey spoke for more than thirty minutes, appealing to the Supervisors sense of justice and oath to uphold the constitution.
Berrey said the County’s counter-offer was unacceptable and told the Board he hopes they can “reach a settlement without spending the money fighting in federal court.”
“We were taken aback. [The counter-offer] seemed not to acknowledge the gross constitutional injustice,” Berrey said. “Boulaalam is a smart man. He feels victimized all over again. I am mystified and perplexed. The county’s offer seemed not to respect him.”
Quoting Boulaalam, Berrey said: “While I grew up in Morocco, nothing like this has every happened to me. But in America, things can be made right. The government can listen and make it right.”
“You are good men, committed to your country,” Berrey appealed to the Board. “Something is lost in translation. I refuse to believe that the Board is somewhat blind to the truth. You can do right by Mr. Boulaalam.”
Berrey then began to review the issues of the case, presenting photos, reading the Sheriff Department reports, and quoting testimonies from the suppression hearing.
Berrey said there was a “divergence in the felony report” and accused the officers of “falsifying every detail in the felony report, dishonoring the uniform [they are] wearing.”
Berrey believes there is a “conspiracy to obstruct justice” and that the officers “didn’t just go over the line, they violated it.”
“I hope you take these issues seriously,” Berrey said. “I am baffled at the reactions of the Sheriff’s Department.” At the end of his comment Berrey asked the board to show Boulaalam “the America he came to, not the Morocco he left.”
“Be on the right side of the Constitution… Do the right thing by that Bill of Rights,” Berrey pleaded with the Board. “So we don’t have to go to federal court.”
Supervisor Chair Larry Johnston told Berrey “we appreciate your quest for justice. The Board wants the same thing.” The Board then moved into closed session to talk to County Counsel Marshall Rudolph about the matter. Rudolph didn’t offer any comment about the matter stating, “we regard the settlement discussions as a confidential process.”
The Sheet spoke to Berrey after the meeting.
When asked about the specific dollar amounts of the claim, Berrey said, “per the Government Code, I did not state a dollar amount in the claim… I made a pledge to the Board not to publicly discuss dollar amounts while settlement negotiations are ongoing.”
Berrey did say, however, that on June 23 he made an offer to settle with the county “contained in a 100+ page letter to the County, which fully explains the legal and factual basis of Mr. Boulaalam’s claim, and which sought, in my view, a relatively conservative amount.”
On July 10, Berrey received a letter from the County with a counter offer for defense-costs only, a “nuisance value in my opinion,” Berrey said.
Berrey then made another counter, which is the offer that the Board was considering on Tuesday. “I await word from the County as to its decision on that counter-offer. If it is unacceptable, we will make another counter-offer, and return to address the Board again during public comment,” Berrey said. ”I may also in the meantime withdraw my pledge of confidentiality as to dollar amounts and other details.”
