Probable cause found to charge cop

Superior Court Associate Judge Joseph N. Camacho found probable cause yesterday to charge Police Officer 1 Carl Kohler Tudela in connection with his arrest during a drug buy-bust operation.

Camacho found probable cause to charge Tudela with one count of attempted illegal possession of a controlled substance, illegal manufacture of a controlled substance (marijuana), and misconduct in public office.

The judge recommended the filing of a separate charge of illegal manufacture of a controlled substance (marijuana) against Desiree Bulaon.

Bulaon was cited as Tudela’s co-defendant in the marijuana charge but she was not arrested and is expected to be summoned.

Camacho also recommended that the OAG file three charges of misconduct in public office—one referring to alleged buying of sham “ice,” possession of marijuana, and, if Bulaon possessed marijuana, Tudela has an affirmative duty to arrest or report the matter.

Attorney Charles Reyes, court-appointed counsel for Tudela, argued that the charge of misconduct in public office does not fit with the plain language of the statute.

Reyes said there is no evidence that Tudela was acting in the color of office as he was off-duty when the alleged operation occurred. He said the misconduct charge should be thrown out.

Chief Prosecutor Leonardo Rapadas said because police officers are given the public’s trust, they are public officials in the Commonwealth. Rapadas said police officers are sworn to uphold the law.

Reyes said he feels there is strong argument and important issues to what constitutes color of law.

Camacho said he has concerns with the public official issue and the matter needs further research.

Reyes is expected to raise that issue in a subsequent motion.

At the hearing, Rapadas called to the witness stand Attorney General’s Office investigator George F. David, who told the court the circumstances that led to their operation against Tudela.

David said that one marijuana plant was found inside Tudela’s apartment unit and another in the balcony area.

David also disclosed that they used tawas and not “ice” in the operation against Tudela. Tawas is the Tagalog term for alum, a crystalline substance used to control body odor or deodorant that also has cosmetic, medicinal, and health benefits.

Reyes is the new counsel for Tudela after the Office of the Public Defender withdrew as his counsel for conflict of interest.

Tudela, 38, has been in prison after he failed to post a $100,000 cash bail.

Reyes said the bail is grossly excessive as the $100,000 cash is for murder while the charges against Tudela are misdemeanors, having a punishment of less than a year.

Reyes said he will be filing a bail modification motion.

Tudela was arrested last March 6.

David stated in his report that the Office of the Attorney General’s Investigation Division, Drug Enforcement Agency Task Force, and the Department of Public Safety’s Criminal Bureau of Investigation jointly investigated Tudela’s drug activities.

David said information gathered by AGID indicates that Tudela’s activities involve smoking and purchasing “ice” while on or off duty.