REQUIRE AN UNBIASED POLICE REVIEW PROCESS

C. The Defendants’ Formal Discovery Responses
After Discovering That Bell Was Not
Shot In The Left Side Of The Head.

209. During Lieutenant Krueger’s deposition, at which all defendants were present, he was informed that the autopsy report concluded that Bell was shot in the right side of the head and not, as Lieutenant Krueger testified, shot in the left side of the head.
210. The plaintiffs sent Requests for Admissions to Officer Gonzales and Lieutenant Krueger to conclusively establish that Officer Gonzales was not standing at the front of the car when he shot Bell.
211. The medical examiner that did the autopsy, Dr. Kelley, was deposed on May 21, 2007.
212. On June 15, 2007, in answering the requests for admission, Officer Gonzales, who previously insisted that he could not recall on what side of the head he shot Bell, now knew that he shot Bell on the right side of the head.
213. Officer Gonzales admitted that he was at the front of the car when he shot Bell and that Bell was bent forward at the waist at the time he was shot.
214. However, the defendants now claimed that the right side of Bell’s head was closer to the front of the car, yet Officer Gonzales admitted Bell was not bent backwards over the car.
215. When asked for every factual basis to support his claim that Bell’s right side of his head was facing the front of the car without being bent backwards over the car, Officer Gonzales answered in an Interrogatory: “I was at the front of the Nissan at the time that I shot Mr. Bell in the right side of his head. My pistol was pointed toward the windshield. Michael Bell was not bent over backwards over the hood of the car.”
216. Lieutenant Krueger responded similarly.
217. Lieutenant Krueger reversed his deposition testimony, by now claiming that Officer Gonzales shot Bell in the right side of his head and that the left side of Bell’s head was closer to the windshield and the right side of Michael’s head was closer to the front of the Nissan.
218. Lieutenant Kruger also reversed his deposition testimony that Bell was pinned against the left front fender at the time Bell was shot.
219. Lieutenant Krueger also admitted that Bell was bent forward at the time he was shot.
220. The defendants’ contention that Bell was shot in the right side of the head when Officer Gonzales was at the front of the car, when Bell was bent forward and held from behind in a bear hug, and when Officer Gonzales angled his gun towards the windshield of the car is impossible.