For­mer sus­pect can­not file suit

A Beverly Hills man in­ves­ti­gated in wife’s 2009 death again loses bid to sue po­lice.

Los Angeles Times - - CALIFORNIA - By Maura Dolan maura.dolan@la­times.com

A Beverly Hills man in­ves­ti­gated in wife’s 2009 death again loses bid to sue po­lice.

A Beverly Hills man who was in­ves­ti­gated but not charged in his wife’s death failed Fri­day to per­suade judges to re­in­state a law­suit al­leg­ing po­lice con­cocted false ev­i­dence.

Gary Klein, whose wife, Rina Pakula Klein, 41, died in 2009, charged in a law­suit that a for­mer homi­cide in­ves­ti­ga­tor for the Beverly Hills po­lice told judges lies to ob­tain three search war­rants for his home.

A district judge ruled in fa­vor of the po­lice, and Klein ap­pealed to the U.S. 9th Cir­cuit Court of Ap­peals.

A three-judge 9th Cir­cuit panel up­held the lower court’s de­ci­sion, find­ing that Klein failed to show that for­mer Det. Daniel Chil­son “made de­lib­er­ately or reck­lessly false state­ments, and that, but for his dis­hon­esty, the war­rants would not have been is­sued.”

“Many of De­tec­tive Chil­son’s state­ments were not de­lib­er­ately or reck­lessly false,” the panel said.

For ex­am­ple, the court said, Chil­son cor­rectly stated in an af­fi­davit that Klein had op­posed an au­topsy of his wife’s body.

Klein, a mem­ber of the Ortho­dox Jewish faith, said he re­sisted an au­topsy un­til con­sult­ing with a rabbi and then agreed to a lim­ited ex­am­i­na­tion.

Rina Klein had seizures in her kitchen dur­ing a visit with an­other wo­man and later died at a hos­pi­tal. She had suf­fered from lu­pus and was tak­ing sev­eral kinds of pre­scrip­tion med­i­ca­tions, but had ap­peared in good health just days ear­lier.

A friend of Rina Klein’s fam­ily went to the Beverly Hills Po­lice De­part­ment to ex­press sus­pi­cions over her death, spurring an in­ves­ti­ga­tion that lasted years.

Court records showed that her fam­ily sus­pected Klein killed her. They told po­lice that Rina Klein was un­happy in her mar­riage and that her hus­band had told her he could kill her and get away with it.

Po­lice in­ter­viewed Klein’s chil­dren at school, the par­ents of his chil­dren’s friends, his neigh­bors and his rel­a­tives. Rina Klein’s body was ex­humed for a more com­plete au­topsy, and the po­lice hired an out­side lab­o­ra­tory to in­ves­ti­gate.

The cause of her death has been listed as un­de­ter­mined, and court records show po­lice even­tu­ally ended their in­ves­ti­ga­tion into the pos­si­bil­ity that she had been poi­soned.

They charged Gary Klein in­stead with a felony count of hack­ing into an in-law’s com­puter.

The af­fi­davits Chil­son wrote to ob­tain the search war­rants con­tained “am­ple” ev­i­dence “apart from any pur­ported mis­rep­re­sen­ta­tions,” the 9th Cir­cuit said.

The court said the ev­i­dence in­cluded the fol­low­ing: that Klein’s wife was seek­ing a di­vorce, her al­leged com­ments three weeks be­fore her death that Klein claimed he could “get rid of her,” his anger over the prospect of a full au­topsy, a call he made to a pro­bate lawyer less than 24 hours af­ter her death and “forged sig­na­tures” on cod­i­cils to his wife’s will.

Klein dis­puted those as­ser­tions.

Klein blamed his for­mer in-laws for the in­ves­ti­ga­tion and said he sued the po­lice to show his three sons he had noth­ing to do with his wife’s death.

In a tele­phone in­ter­view from Lon­don, where he was trav­el­ing Fri­day with his sons, Klein said he would ask a larger panel of the 9th Cir­cuit to re­view the de­ci­sion.

“I want the Beverly Hills po­lice to say they made a mis­take,” he said.

Mark Boster Los An­ge­les Times

GARY KLEIN in 2012 with a bill­board truck he hired to de­cry the “cor­rup­tion and in­com­pe­tence” of po­lice.

Mark Boster Los An­ge­les Times

RINA KLEIN’S fam­ily sus­pected her hus­band killed her, records show.

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