LANCASTER – Parking lot security footage is the only video that will be used in the criminal case against Lancaster resident Marco Chiclana for resisting arrest and assaulting an officer.
The scuffle between Chiclana and six Los Angeles County Sheriff’s deputies was caught on tape April 2, 2011 in front of the Antelope Valley Hospital. Chiclana, 34, has filed a civil lawsuit against the Sheriff’s Department alleging he was badly beaten after he called deputies to the hospital to assist him with his father, who was disoriented after surgery and trying to leave the hospital against doctors’ wishes. Read more on the civil lawsuit here. Chiclana’s attorney in the civil case, Bradley Gage, says the video proves that deputies used excessive force.
However, law enforcement officials say Chiclana was the aggressor in the scuffle and have brought eight felony charges against Chiclana, including resisting arrest, battery on an officer and mayhem. Chiclana’s mother, Maria Chiclana, 63, is also being charged with one count of resisting arrest in connection with the incident.
Shortly after the video was released to the media, Sheriff’s spokesman Steve Whitmore reportedly told several media outlets that there was additional video showing the scenario from a different angle, which would give a different perspective on the incident.
In an Antelope Valley courtroom Tuesday, prosecutors denied having any other footage of the incident.
“The people have no other video,” Deputy District Attorney Adan Montalban said during the pretrial hearing.
Both mother and son are being tried together, and stood before Judge Carlos Chung for pretrial Tuesday. Marco Chiclana is being represented by public defender, K.G. McFarren, while Maria Chiclana is being represented by private attorney, Bradley Gage.
Montalban took issue with Maria Chiclana’s representation. He told the judge there was a possible conflict of interest because Gage was also representing the co-defendant, Marco Chiclana, in the civil lawsuit against the Sheriff’s Department.
Maria Chiclana, who was being assisted by a Spanish interpreter, told the judge she understood the consequences of having a defense attorney who was also representing her co-defendant in a civil case. The criminal case was set for trial on March 1, 2012.
After Tuesday’s pretrial hearing, Gage said he joined the criminal case on Jan. 5 because he felt like he could be of assistance to Maria Chiclana.
“The case against them is one that screams of injustice,” Gage said.