SIMI VALLEY : New Findings May Delay Tuffree Trial

Slain Simi Valley Police Officer Michael Clark had four citizen’s complaints filed against him when he served in the Los Angeles Police Department, a judge told attorneys representing and prosecuting Daniel Allen Tuffree on Tuesday.

Tuffree, who is accused of killing Clark, faces the death penalty if convicted.

Ventura County Superior Court Judge Allan Steele earlier had agreed to read Clark’s personnel file and release any information that may be relevant to Tuffree’s case. Tuffree shot Clark in the back during a gun battle in the high school teacher’s Simi Valley back yard in August.

Prosecutors contend that Tuffree intended to kill Clark, while defense attorneys maintain that the 28-year-old officer and two of his colleagues responded inappropriately to a “check welfare” call at Tuffree’s house.

Steele told attorneys he came across the citizen’s complaints while reading a background check conducted by the Simi Valley Police Department before it hired Clark. He said the report did not elaborate on the complaints, and defense attorneys said they will subpoena the Los Angeles Police Department to get details of the complaints.

The revelation Tuesday is expected to prompt attorneys to seek a delay in the start of Tuffree’s trial, defense attorney Richard Holly said. Over the objection of his attorneys, Tuffree had demanded that his trial start by Dec. 18.

But Holly said obtaining the necessary information from the LAPD will take at least three weeks and that he and co-counsel Howard Asher need more time to prepare for the capital case.

Holly said he expects to ask Steele to delay the trial until next year, even if Tuffree objects. A defendant’s right to a speedy trial is outweighed by his right to be represented by competent counsel, Holly said.