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Dershowitz Appears on Community TV

Law Professor Says Comments About Police `Testilying' Were Misconstrued

By Adam M. Kleinbaum

Law School Professor and O.J. Simpson defender Alan M. Dershowitz qualified his previous comments about police engaging in "testilying" yesterday.

In discussing the Simpson trial last week, Dershowitz said that police officers are taught to lie on the witness stand to ensure "a good arrest."

But in an interview on Cambridge Community Television (CCTV) yesterday, Dershowitz said that his comments about this so-called "testilying" were misconstrued.

"It was deliberately blown out of proportion by [the Los Angeles Police Department]," Dershowitz said.

"They distorted the statement, blew it out of proportion and took it out of context," he said.

He said that one of the biggest problems with the legal system is that if police obtain evidence unlawfully, the court has to turn the prisoner free, even if the prisoner is clearly guilty.

"Lawyers and judges encourage cops to tell white lies so that the guilty can be convicted," he said.

He added that, while mendacity is not a formal part of any officer's education, all officers learn about it.

"[Police academies do not] teach courses in this," Dershowitz said. "It's what goes on outside and in the squad cars that I'm worried about."

Dershowitz explained that while "testilying" happens all the time, he does not blame police officers for it.

"Police do the dirty work of the legal system," he said. "They are the victims. They are the least powerful, least affluent, sometimes the least educated part of the legal system."

Officers are made to believe that if they are confident in the guilt of a suspect, they should see to it that justice is served, he said--no matter what the means.

"The legal system winks at this type of thing," he said.

Dershowitz also said that his stance on "testilying" is not a product of the Simpson trial.

"Even before the O.J. case, I wrote an article saying prosecutors and judges are to blame," he said.

The reason Dershowitz agreed to appear on the show was that he wanted to clarify his statement, according to Susan Fleischmann, executive director of CCTV.

"He wanted to defend his position as a defender of police," she said.

Dershowitz himself refused to speak to members of the press.

Frank Pasquarello, the public informationofficer of the Cambridge Police Department, aswell as the host of the television show, said thatthe idea of officers lying in court is foreign tohim.

"It's a concept I've never heard about," saidPasquarello, a veteran of the force.

Although the callers to the interactive showwere few, they generally agreed with Dershowitz.

"If [police officers] go to court, they want towin," said one anonymous caller.

But Dominic Robin Scales, a retired seargent,first class of the Cambridge police force, calledto dispute Dershowitz's claim.

"The thing he said that I resent the most isthat police officers lie on the stand," Scalesesaid. "At no time did we teach officers to lie.

Frank Pasquarello, the public informationofficer of the Cambridge Police Department, aswell as the host of the television show, said thatthe idea of officers lying in court is foreign tohim.

"It's a concept I've never heard about," saidPasquarello, a veteran of the force.

Although the callers to the interactive showwere few, they generally agreed with Dershowitz.

"If [police officers] go to court, they want towin," said one anonymous caller.

But Dominic Robin Scales, a retired seargent,first class of the Cambridge police force, calledto dispute Dershowitz's claim.

"The thing he said that I resent the most isthat police officers lie on the stand," Scalesesaid. "At no time did we teach officers to lie.

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