Former Carlsbad police officer sues district attorney, argues constitutional rights abused

A former Carlsbad police officer who was acquitted of a felony tampering with evidence charge sued Fifth Judicial District Attorney Dianna Luce, arguing he was unfairly prevented from testifying at trials amid the misconduct allegation.

Brian Cabriales was charged Aug. 11, 2022 with tampering with public records, a fourth-degree felony charge dismissed about a year later after he completed a diversion program, records show.

During those proceedings in December 2022 Cabriales and the International Union of Police, Local 505 filed a lawsuit against Luce for allegedly putting Cabriales on a list of officers the office would not call to testify, amid his criminal case.

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Luce and Cabriales’ attorney W.T. Martin Jr. did not respond to requests for comment on the case. It was unclear from court records if the criminal case was tied to the lawsuit or the reasoning for Cabriales' inclusion in the list.

The suit sought a declaratory judgment to determine a police officer’s “constitutional right to due process” before being placed on what was known as the “Giglio List,” read the suit.

It was named for a 1972 case Giglio vs. United States where John Giglio was accused of passing false money orders and accused the prosecution of misconduct and not publicly disclosing evidence in the criminal trial.

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Today, it is common practice for officers accused of such acts to be placed on such a list, the suit read, which typically prevents them from testifying in criminal matters.

The suit argued that while local police departments are notified, there is no required process for an officer to be informed of being placed on the list or any means to challenge such a decision.

Most officers placed on the list are subject to termination, the suit read, and their placement is made available to future employers, read the suit, violating constitutional rights to due process.

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“A significant portion of an officer’s duties require testifying as a witness,” read the suit. “If challenged, the officer provides little to no value to the police department.

“The current process in the Fifth Judicial District is that an officer cannot contest being added to the list because the prosecutor has authority and the ability to choose which cases to pursue and which witnesses to call.”

Such was the case with Cabriales in 2022, read the suit which called for a judge to require the District Attorney’s Office to provide notice to officers of their inclusion, a hearing before a neutral party that will make a final decision, and a process to remove an officer from the list.

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Officer charged with misconduct after making drunk driving arrest

In the criminal case, Cabriales was accused of improperly using another officer’s code to access a breathalyzer device during a drunk driving arrest in August 2021.

Police said Cabriales’ certification to operate the device was expired and he asked another officer, Joshua Vasquez, to let Cabriales use Vasquez’s information.

Vasquez provided the information and told investigators he “really did not think about why” Cabriales had asked, read a criminal complaint.

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Cabriales also signed Vasquez’s name on the results of the breath test.

He told police he pulled the vehicle over after it was “speeding and swerving all over the road,” the complaint read, arresting the driver for driving while intoxicated after a standard field sobriety test.

While driving back to the station with the DWI suspect, Cabriales told police he realized his certification for the breathalyzer was expired as was that of the other two officers on shift that day.

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He called Vasquez who was off that day, the report read, and got permission to use the code and sign the other officer’s name.

Cabriales allegedly told police he didn’t think he did anything wrong, and did not cover up or hide anything, the complaint read, admitting to using Vasquez’s information during the arrest.

Investigators confirmed the story using the police records and surveillance footage from the station and Cabriales’ and Vasquez’s work schedules.

Cabriales made his first appearance in Carlsbad Magistrate on Sept. 6, 2022 on the single charge of tampering with public records.

The case was bound over to district court in October 2022, and Cabriales was granted a diversion program in November 2022 which he completed about a year later and the charge was dismissed.

Adrian Hedden can be reached at 575-628-5516, achedden@currentargus.com or @AdrianHedden on X, formerly known as Twitter.

This article originally appeared on Carlsbad Current-Argus: Carlsbad ex-police officer files lawsuit over constitutional rights