Marino

Lawrence Marino petitioned the superior court for a writ of mandamus to compel defendants to reinstate him as a police officer in the Los Angeles Police Department. The superior court denied the writ and this appeal followed.

On January 21, 1969, petitioner was charged with five counts of misconduct:

Count 1. On December 21, 1968, after becoming aware that a felony had been committed, Marino did not conduct an adequate investigation, failed to acquire medical treatment for an injured victim, released the suspect, and thereafter failed to prepare the required reports.

Count 2. On December 21, 1968, Marino gave false and misleading statements to a police sergeant who was conducting a personnel investigation.

Count 3. On December 21, 1968, Marino, after being assigned to complete an A.D.W. report at a hospital, failed to comply with his instructions and solicited another officer to complete this assignment without supervisory approval.

Count 4. On December 21, 1968, Marino submitted a Daily Field Activities Report which he knew contained inaccurate information with regard to his activities for that day.

Count 5. On December 23, 1968, at the police station, Marino came…