📰 Case Overview: Philip A. Kok vs. City of Pasadena
This document is an "Explanation of August 22, 2001" and a "Petition for Emergency Writ of Mandate" filed by Philip A. Kok against the City of Pasadena and unnamed Does (1-10 inclusive). The case number is GC026938.
The explanation details the background of the civil lawsuit, a specific incident involving Assistant City Attorney Hugh Halford, and Mr. Kok's subsequent criminal trial for battery. The hearing date related to this explanation was March 22, 2002, before Judicial Officer Pluim.
🚨 The Initial Incident: February 3, 2000
Traffic Collision and Confrontation
- Mr. Kok, a Reverend/Pastor/Teacher/Writer/Evangelist and a full-time Fuller Seminary student (M.Div.), was involved in a minor traffic collision in Pasadena.
- The incident occurred on February 3, 2000, at the intersection of Lake and Villa. While Mr. Kok had a green light, a car driven by Evangelina Bustamante entered his path.
- Two officers, including Officer Brown (identified as the primary instigator), arrived immediately.
- Officer Brown concluded Mr. Kok was at fault. Mr. Kok later confirmed the intersection had a one-second "all-clearance red" signal at that time.
- When Mr. Kok refused to admit fault, Officer Brown told him to lower his voice and back up.
Use of Excessive Force and Arrest
- Officer Brown pulled his baton and struck him in the stomach.
- The officers pushed Mr. Kok face down, placed their knees in his back, and bent his arms up over the shoulder blade, causing pain.
- The officers applied handcuffs without using the safety lock, causing them to dig into his wrists.
- When Mr. Kok asked Officer Pratt to loosen the handcuffs, Pratt responded: "you should have thought about that f-----g earlier!".
- Mr. Kok was charged with disturbing the peace.
Resolution of Initial Charges
- Mr. Kok later agreed to a plea of nolo contendere and anger management classes solely to avoid interrupting his divinity school quarter.
- The record was subsequently expunged around March 2001.
🏛️ The Civil Lawsuit and Discovery
Filing and Findings
- Mr. Kok filed the lawsuit, Kok v. City of Pasadena, et al., after physicians diagnosed his injuries as "carpal tunnel syndrome" and "cervical radiculopathy".
- Discovery included at least six depositions of the involved officers.
- In deposition, Officer Brown stated he was sure there was no car turning in front of Ms. Bustamante, contradicting her claim that she was delayed in the intersection. Mr. Kok concludes that Ms. Bustamante was untruthful.
📝 The Hallway Incident and Battery Charge (August 22, 2001)
Pitchess Motion and Confrontation
- Mr. Kok filed a Pitchess Motion to search for officer disciplinary problems, but it was denied on August 22, 2001.
- The defendant's attorney, Assistant City Attorney Hugh Allan (Tim) Halford, had previously been involved in the controversial case *People v. Mooc (2000)*.
- In the hallway, Halford accused Mr. Kok of falsifying medical records, stating: "you're untruthful, I think you're untruthful".
Alleged Battery
- Mr. Kok reacted with his "normal classroom M.O." as a substitute teacher: he made a straight-down motion with his right arm, holding a notebook, attempting to hit the floor with a loud noise.
- During this motion, his sleeve "brushed the elbow" of Mr. Halford's right arm, with perhaps a "tiny amount of actual body contact".
- Halford immediately yelled, "battery, that's battery, you battered me...!".
- An attorney, Charles J. LeBeau, allegedly saw something and became a witness for Halford.
⚖️ The Second Criminal Trial: People v. Mr. Kok
Conflict of Interest and Charges
- The complaint filed by Mr. Halford was approved by Sergeant Pratt, who is a defendant in Mr. Kok's civil case, raising a conflict of interest.
- The District Attorney's office, led by Alison Meyers, filed charges against Mr. Kok for "disturbing the peace" and "simple battery".
- The trial lasted from December 5, 2001, through December 14, 2001. Mr. Kok was represented by Public Defender Mr. S. Boysaw.
Defense and Prosecutorial Issues
- Mr. Boysaw suggested Halford may have leaned into Mr. Kok to intentionally create the situation to defend his civil case against the city.
- Mr. Kok noted that Mr. LeBeau is/was an attorney with a record of public discipline (suspended for nine months for misuse of client funds).
- The prosecution raised Mr. Kok's prior agreement to "anger management" classes during the trial, despite the matter being expunged.
- Halford claimed Mr. Kok gave him three pronunciations of his name, including "Mr. Kook" and "Mr. Cock," a name Mr. Kok avoids, especially as a teacher.
- The prosecution also referenced "anonymous notes" (evangelistic letters) and "anonymous flowers," attempting to make them appear "ominous or sinister".
