LAKEPORT – A former Lakeport Police officer will return to court later this month for a preliminary hearing on charges that include misappropriating and embezzling government funds.

 

Richard Erickson, 53, had been scheduled for preliminary hearing on Wednesday. That hearing was delayed after Deputy District Attorney Rachel Abelson moved to obtain his personnel records from Lakeport Police, where he served for 11 years before his September arrest.

Erickson was originally charged with felony misappropriation of government funds, stalking and making terrorist threats, and misdemeanor charges of violating a restraining order and domestic battery.

At a December court appearance in the case, Abelson said she moved to file an additional charge against Erickson of embezzlement of government funds or property, which she said is a slightly different legal theory than theft of government funds.

Judge Richard Martin approved her request for the additional felony charge on Wednesday.

Martin spent most of Wednesday and part of Thursday reviewing the personnel records Abelson requested, she reported late Thursday. About mid-morning she said he ruled that he would disclose 200 to 300 pages of the material, although some information will be edited.

Abelson noted her request – called a Pitchess motion – was unusual in that it is most commonly made by criminal defendants who are seeking personnel records of an arresting officer. In this instance, she said, she needs the documents to help prove her case.

However, Martin has sealed the documents to the public, she said, pursuant to the law. “There's special confidentiality in police officers' records,” she said.

The charges against Erickson of misusing government funds and embezzlement arise from what Abelson said was “misuse of time at work” or for using things entrusted to him for work – such as his patrol car – for personal use.

Erickson is alleged to have spent some of his on-duty time pursuing an affair with an 18-year-old woman, whom he later is alleged to have threatened and stalked.

Abelson said Erickson's preliminary hearing has been rescheduled for 9 a.m. Jan. 17 in order for Lakeport Police to assemble the information so that it's consistent with Martin's orders.

The case could move to trial as soon as February or March, said Abelson, adding she anticipates it will be a moderate to lengthy trial.

If convicted of all charges, Erickson could face as much as five years, four months in prison, said Abelson. In addition, with any theft, Abelson said, “We would ask for restitution,” but she has no amount in mind at this point.

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