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Jill Rowe Appointed to Elections Commission

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San Francisco, CA — San Francisco Public Defender Jeff Adachi today announced his appointment of attorney Jill Rowe to the city’s Elections Commission.

 

Rowe, a partner at the San Francisco law firm of Cooper, White & Cooper, LLP, will be sworn in today at 4 p.m. at her firm. She replaces Elections Commissioner Joseph B. Phair, who left the office on Feb. 16, 2011. Rowe’s term expires January, 2016.

 

Rowe, a San Francisco resident, feels strongly that free, fair and functional elections are vital to the welfare of ordinary San Franciscans, Adachi said.

 

“She is ready to meet the challenges awaiting Elections Commissioners, including redistricting in San Francisco based on new census data and budget management during these difficult financial times,” Adachi said.

 

Rowe earned a bachelor’s degree in political science from the University of San Diego in 1990 and completed her graduate studies in political science from the University of California, Los Angeles in 1992. She received her law degree in 1998 from the University of Washington Law School.

 

She currently practices civil litigation and serves on her firm’s management committee.

 

“Ms. Rowe will bring the skills she has developed as a litigator and manager—namely the ability to think analytically, to listen with an open mind, and to communicate persuasively—to the Elections Commission,” Adachi said.

 

The City Charter authorizes the Elections Commission to supervise the city’s Department of Elections. The Commission sets general policies for the department and selects and supervises the director of the Department of Elections.

Disabled Man Exonerated After Being Tricked Into Check Scam

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San Francisco, CA — A disabled man who attempted to cash a stolen check was found not guilty after a jury determined he was the victim of a scam artist, San Francisco Public Defender Jeff Adachi announced today.

Lifelong San Francisco resident Jeffrey New, 62, was acquitted Tuesday of all charges following a one-day trial that included the testimony of a handwriting expert. The jury deliberated nearly six hours before reaching its verdict, said New’s attorney, Deputy Public Defender Ariana Downing.

New faced a year in jail if convicted of the three misdemeanors presented to the jury: burglary, petty theft, and possession of a completed monetary document.

New’s legal saga began more than a year ago on March 26, 2010, when a man approached him on San Bruno Avenue and Bacon Street and asked him if he had identification and wanted to “make some money” by cashing a check for him.

The stranger picked New because the Vietnam veteran, who was mentally and physically disabled in a car accident, appeared vulnerable, Downing told the jury. He has even previously reported being scammed by fake psychics.

“He is very small and it’s apparent he is not a wealthy man. Half his face is paralyzed and his disability is apparent within moments of speaking with him,” Downing said.

New entered a nearby Bank of America and used his own identification to try to cash the check, Downing said. A computer notation informed the teller that the check’s owner had recently reported her checkbook lost. The teller called police, who arrested New.

During the trial, Downing called a handwriting expert who took several handwriting samples from New and confirmed the retiree did not write the check.

“Mr. New has severe dyslexia and can barely spell, much less fill out a check,” Downing said. “Ultimately, I think that it was obvious to the jury that Mr. New was a vulnerable person who went into the bank that day with an innocent intent.”

Under cross examination, police officers admitted they never asked New whether he believed the check was valid, which was relevant to determining New’s intentions when he attempted the transaction, Downing said.

Adachi said the jurors came to the right conclusion.

“Things aren’t always as they appear. In this case, it became clear that Mr. New was not the perpetrator of the scam but its victim,” Adachi said.

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Jeff Adachi Calls For Ban On Master Key Abuses; SRO Owner Says Police Assaulted Him

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San Francisco, CA — In a letter to police and prosecutors, San Francisco Public Defender Jeff Adachi today called for a prohibition on officers using hotel master keys to enter tenant residences.

 

“For the security and protection of all San Franciscans, I urge you to adopt a strong policy against the use of hotel master keys, so that tenants and guests can rest secure in their homes—whether that be an expensive ocean view apartment or the hotels here, in less expensive zip codes,” Adachi wrote in the March 10 letter to District Attorney George Gascón and Acting Police Chief Jeff Godown.

 

Adachi’s request comes on the heels of the discovery of several surveillance videos showing police using master keys to unlawfully enter residential motel rooms. Officers illegally searched the rooms before fabricating details about the incidents in sworn police reports.

 

Also raising concerns are two letters obtained by the Public Defender’s Office detailing both recent and long-ago misconduct at residential motels.

A Jan. 23, 2011 letter written by private attorney Michael McCloskey and sent certified mail to SFPD Northern Station Capt. Anne Mannix claims a police officer used physical intimidation to secure a master key from a Tenderloin hotel owner.

McCloskey, who penned the letter on behalf of Luz Hotel owner Virgilio Candari, states that on Jan. 22, 2001, Officer Kevin Byrne visited the Geary Street property and asked for copies of tenants’ identification.

“When Mr. Candari approached the bulletin board which contained the IDs of registered guests, Officer Byrne pushed him away in a violent gesture,” McCloskey wrote. “Mr. Candari is a slender man, not in good health. He was intimidated and frightened by this physical pushing. Officer Byrne then demanded the key to Room 15, and intimidated Mr. Candari into giving him the master key to all rooms.”

 

Adachi said Cardari’s account was disturbing because the officer appeared to make Candari an unwitting accomplice to privacy invasions.

“By bullying hotel owners into handing over master keys, police are exposing both the landlords and the city to federal civil rights lawsuits,” he said.

In a second letter, dated March 9, 2011 and addressed to Assistant District Attorney Jerry Coleman, former public defender and current Golden Gate University Law Professor Susan Rutberg details a disturbing 1998 case involving a Turk Street hotel. Police in that case testified they announced themselves and knocked on the door, which was then opened by Rutberg’s client. The hotel manager, however, testified that the officers, Scott Warnke and Joseph Zamagni, obtained a master key from the front desk.  A judge found the police testimony “inherently incredible” and dismissed the case.

Several days later, Rutberg’s client reported being stopped and illegally searched on the street by the same officers, who told him, “You got away with this one, but we’ll get you next time.” Rutberg subsequently filed complaints against the officers with the Office of Citizen Complaints. Three allegations were sustained, according to Rutberg: Two allegations of “Conduct Reflecting Discredit to the Department,” for making false statements in the incident report and in a court proceeding; and “Unwarranted Action,” for entering the residence unlawfully.

Adachi said Rutberg’s letter illustrates how long misconduct at residential motels has been tolerated.

Dozens of Cases to be Dropped in San Francisco Police Scandal

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By JESSE McKINLEY

SAN FRANCISCO — With a group of undercover police officers under suspicion of perjury and conducting illegal searches, the San Francisco district attorney said Wednesday that his office would drop dozens of drug and robbery cases and continue to investigate scores more for possible dismissal.

District Attorney George Gascón, himself a former chief of police, said that 57 cases would be dropped initially and that his office was “getting deeply into this process” of examining others, perhaps dating several years back.

The investigation has been prompted by a series of surveillance videotapes — released by Jeff Adachi, the city’s public defender, and private defense lawyers — showing officers suspected of falsifying reports, illegally entering residences and, in one instance, making a purposefully flawed arrest for drug possession.

“This is not a game,” Mr. Gascón said. “This is real, this involves people’s lives, not only for those who have been incarcerated, but for victims.”

Mr. Gascón made his announcement even as federal agents continued to investigate the actions of a group of officers based in the city’s Southern Station, a downtown precinct that includes pockets of residential hotels.

It was in two of these hotels, notorious for drug use and sales, where officers were videotaped using questionable methods. In one case involving a heroin arrest in January, an officer covers the lens of a surveillance camera while three other officers approach a room and order the resident to open the door before pushing their way in, allegedly without a warrant, according to the public defender’s office. A police report stated that the woman had voluntarily let the officers into her home.

All told, seven plainclothes officers and their supervisor are under suspicion, and Chief Jeff Godown said Wednesday that he would “audit every operation in the city” and had ordered the city’s undercover officers to be retrained on issues of search and seizure. “It doesn’t make a difference to me if there’s a hundred or a thousand, they’re all going to get retrained,” he said.

Mr. Adachi, the public defender, has been outspoken in his criticism of the police and requested a wide review — dating back as far as seven years — of cases involving the officers, as well as any drug arrests made at the two hotels.

Mr. Adachi said thousands of cases could possibly be in jeopardy. “These officers made two, three arrests a day,” he said. Of the 57 cases dropped, most involved narcotics, according to the district attorney’s office. In one case, a 52-year-old man charged with multiple counts involving heroin and cocaine faced a possible sentence of 35 years.

The scandal comes just a year after hundreds of drug cases were dismissed by prosecutors when it was discovered that a technician in the police crime laboratory was stealing cocaine.

Mr. Gascón left the Police Department in January to take over the district attorney’s office, but acknowledged Wednesday that much of the suspected misbehavior had occurred on his watch. He said that while “the majority of the people in the San Francisco Police Department are moral, ethical people,” everyone — including the police — had flaws. “The reality,” he said, “is that the Police Department recruits from the human race.”

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New Henry Hotel Footage Further Implicates SFPD

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San Francisco, CA — Newly-released surveillance footage from the Henry Hotel reveals a man was falsely arrested for drug possession by officers currently under federal investigation for perjury and conducting illegal searches.

 

The footage of the Dec. 2, 2010 arrest was released this afternoon by private defense attorney Scott Sugarman during a press conference held at the San Francisco Public Defender’s Office.  Sugarman’s case is the fourth video that has surfaced since last week that sharply contradicts police reports signed by officers under penalty of perjury. It is the third case involving the Henry Hotel in SOMA. The four other incidents in the widening scandal involve Public Defender’s Office cases.

 

The most recent video involves Southern Station officers Arshad Razzak, Raul Elias and Raymond Kane, who are implicated in previous videos showing illegal searches in residential motels. Also involved are Southern Station Sgt. Samuel Christ and Officer Gregory Buhagiar.

 

In the video, Sugarman’s client, a 29-year-old man, is seen walking into the Henry Hotel and ascending the stairs wearing a black jacket. Moments later, police using a master key enter the sixth floor room of two women suspected of selling drugs, where the man is a visitor. Officers find a white and gold jacket slung over a chair with drugs in the pocket and no identification.

 

According to Razzak’s police report, Buhagiar states that he witnessed Sugarman’s client walk into the hotel wearing the same white and gold jacket.

 

“My client told officers repeatedly that it was not his jacket, that his jacket was right next to him,” Sugarman said. “Police never put his statements in their report, never checked the video and never booked the black jacket into evidence.”

 

The man, who served three weeks in jail over the incident, was freed when prosecutors dropped the case after a preliminary hearing. Sugarman provided stills from the video that show his client wearing a black jacket.

 

San Francisco Public Defender Jeff Adachi said the latest incident confirms a disturbing trend in which police officers do not act in pursuit of the truth.

 

“This was an innocent man who was framed,” Adachi said. “He committed no crime and was arrested simply because he had the misfortune of visiting the Henry Hotel.”

 

The latest footage brings the number of videotaped misconduct incidents involving SFPD officers to four. Other incidents include:

  • A Dec. 23, 2010 illegal search at the Henry Hotel, in which police falsified a report to justify entering a residence without a warrant.
  • A New Year’s Eve drug arrest at the Mission District’s Hotel Royan in which police kicked down the door of a disabled man with a service dog. There is no record of police confirming the man’s misdemeanor bench warrant until after his arrest.
  • A Jan. 5, 2011 incident at the Henry Hotel where an officer is shown covering the surveillance camera with his hand while his colleagues illegally enter and search a residence.

 

 

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Video Reveals Police Misconduct, Perjury

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San Francisco, CA — Surveillance video from the Henry Hotel reveals that San Francisco Police Department narcotics officers falsified police reports in order to justify searching residences without warrants or consent, San Francisco Public Defender Jeff Adachi announced today.

The damning footage stems from two separate drug arrests on the fifth floor of the Sixth Street single resident occupancy hotel, Dec. 23, 2010 and Jan. 5, 2011. The videos stand in direct contradiction to police reports which were signed by officers under penalty of perjury.

Chief Attorney Matt Gonzalez of the San Francisco Public Defender’s Office said the seriousness of the matter could not be overstated.

“A free society cannot abide a culture of lawlessness by police,” Gonzalez said. “Those officers who lie under oath to magistrates should be prosecuted for their misconduct. They are no better than the criminals they purport to be in pursuit of.”

In both instances, members of the SFPD Narcotics Unit acting on a tip from a confidential informant responded to the Henry Hotel. In the Dec. 23 incident, Officer Arshad Razzak states in a police report that officers knocked on the resident’s door, announced themselves and waited for a response. Hearing none, he wrote, officers slightly opened the door with a master key. Without entering the unit, officers then told the female resident they were freezing the room until they could obtain a search warrant, Razzak wrote. The woman then gave them verbal permission to search the premises while officers contacted headquarters and asked a unit to respond with a consent form she could read, according to the police report. A man inside the woman’s room was arrested after officers claimed to find heroin and crack on his person.

The surveillance video, however, tells a different story. In it, four narcotics officers – Razzak, Yick, Madrid and Forneris — are seen using a master key to barge directly into the room without knocking or obtaining consent.

Charges against the man were dropped by prosecutors this week after the surveillance footage was obtained by the Public Defender’s Office. The man was represented by Deputy Public Defender Anne Irwin.

In the Jan. 5 case, Officer Richard Yick states in a police report that officers were met in the hallway by a woman who voluntarily opened the door to her room. A man who came to the door told officers he was on probation, which police then confirmed with dispatch, Yick wrote, before entering and searching the room. After heroin was found, both the man and woman were arrested.

In the video, however, Yick is seen covering the surveillance camera with his hand while his fellow officers—Razzak, Kane and Elias–approach the room. The officers then demand the female resident open her door. All four officers then storm into the unit.

A judge dismissed the case Monday after viewing the video, said the man’s attorney, Deputy Public Defender Tal Klement.

Felony Supervisor Bob Dunlap of the Public Defender’s Office said the video confirms longstanding suspicions.

“For years our clients have reported tales of police entering their homes without warrants or consent, in direct contravention of the Fourth Amendment and in direct contradiction of the police version of events,” Dunlap said.  “Now we have proof both of the police violating core Constitutional rights and committing perjury to cover their tracks.”

Note to media: police reports and video available through the Public Defender’s Office.

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Public Defender Appoints Matt Gonzalez As Chief Attorney

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San Francisco, CA — Matt Gonzalez, a longtime civil rights and criminal defense attorney and former Board of Supervisors president, was appointed to Chief Attorney of the San Francisco Public Defender’s office today.

San Francisco Public Defender Jeff Adachi announced the news to his staff during an 8 a.m. meeting. Gonzalez replaces former Chief Attorney Teresa Caffese, who left Dec. 31 for private practice. Gonzalez’s position is effective immediately.

The appointment marks Gonzalez’s return to the San Francisco Public Defender’s office, where he served as a deputy public defender from 1991 to 2001. He successfully tried many cases while in the office, including serious felonies, three-strike cases and life-in-prison matters.

In 2000, Gonzalez was elected to the San Francisco Board of Supervisors. He took office in 2001 and was elected by his colleagues two years later as president of the 11-member body. Gonzalez was the main sponsor of a ballot measure that created the highest minimum wage in the country. He authored groundbreaking legislation on elections and ethics reform, instant run-off voting, and commission appointments. He also proposed a measure to give immigrants the right to vote in municipal elections.

Adachi said Gonzalez’s experience both in the courtroom and in City Hall make him an excellent fit for the position, which involves overseeing and managing all internal operations of the Public Defender’s office as well as participating in budget planning and negotiations.

“We wanted a top trial lawyer who understands our work, has a commitment to our clients and a dedication to preserving the resources that allow our office to function,” Adachi said. “That person is Matt Gonzalez.”

Since 2005, Gonzalez has been a partner in the law firm of Gonzalez and Leigh, where he handled both civil and criminal matters. While in private practice, Gonzalez successfully litigated a number of federal civil rights cases, including the first punitive damages verdict against a sitting district attorney (Solano County) in California’s history. His firm also brought suit against Yolo County’s Superior Court challenging the lack of Latino representation on its Grand Jury, which brought important reforms. Gonzalez also successfully defended the head of Yolo County’s Housing Authority against corruption and other charges.

The McAllen, Texas native received his Bachelor of Arts degree from Columbia University in 1987 and his Juris Doctor degree from Stanford Law School in 1990. He is the recipient of numerous awards, including the 2000 Lawyer of the Year award from the San Francisco La Raza Lawyers Association, the 2003 In Defense of Animals Guardian Award, and the 2004 Bert Corona Award from California’s Mexican American Political Association.

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Student Found Not Guilty In Gun Trial

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San Francisco, CA — A San Francisco City College student was found not guilty of gun-related charges Thursday afternoon after a weeklong trial that revealed police tampered with the crime scene.

LaRon Johnson, 24, was found not guilty of receiving stolen property, concealing a firearm in a vehicle and concealing a loaded firearm. The jury deliberated just over two hours before reaching its verdict, said Johnson’s attorney, Deputy Public Defender Jennie Otis. Johnson is the second public defender client acquitted of gun charges in the past year due to evidence tampering by police. He faced a year in jail if convicted of the misdemeanor charges.

Johnson, a San Francisco native with no prior convictions, was arrested June 23, 2010 while parked on a Bayview street. The fulltime student had fallen asleep while waiting for his girlfriend, who was visiting a friend, Otis said. Police officers who knocked on his window claimed to see him conceal an object.

A search of Johnson’s car revealed a stolen handgun, of which Johnson denied prior knowledge. Johnson volunteered to the officers that he had a small amount of marijuana in his pocket.

What happened next would become critically important in Johnson’s trial.

“The officer documenting the crime scene took the marijuana and placed it next to the gun, staging the photographs so that a viewer would connect the gun with the drugs,” Otis said. “That’s unethical. The officer’s job is to document the evidence, not cast it in a light that makes Mr. Johnson appear most guilty.”

The officer admitted on the stand that he placed the marijuana next to the gun. Johnson, who also took the stand, testified that the gun had likely been left in the car by an acquaintance. Johnson’s grandmother testified that her grandson would frequently loan out his vehicle. When you want the best loan service, visit https://www.paydayloansnow.co.uk/payday/direct/no-brokers/

In the end, it was the evidence tampering that set Johnson free.

“Jurors felt that if the photos weren’t an honest representation, they probably couldn’t trust a lot of things about the case,” Otis said.

The verdict comes less than a year after a jury acquitted Wayne Lee Banks Jr., 26, of carrying a concealed weapon. Banks, also a City College student with no prior convictions, was charged after police submitted photographs of his legal, unloaded gun partially wedged into the corner of his seat during a traffic stop. Banks maintained the gun was in plain sight. During cross examination, the sergeant admitted that the photographs were taken after he had handled the gun and placed it in that position. Banks was acquitted March 24, 2010.

San Francisco Public Defender Jeff Adachi said the deliberate compromising of evidence in both cases was disturbing.

“A fair, unbiased justice system depends on police officers honestly documenting the evidence,” Adachi said. “Fortunately, we were able to prove that tampering occurred in these two cases and justice prevailed.”

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Mid-Trial Dismissal After Accuser Lies

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San Francisco, CA — In a rare mid-trial dismissal Wednesday, a San Francisco man was cleared of felony domestic violence charges after his accuser lied multiple times on the stand, San Francisco Public Defender Jeff Adachi announced today.

Francisco Garcia, a 24-year-old kitchen manager, faced deportation and up to five years in state prison if convicted of assault with a deadly weapon and criminal threats, said his attorney, Deputy Public Defender Eric Quandt.

In late July, Garcia, a legal resident with no criminal history, was having frequent disagreements with his former girlfriend over visitation of his 2-year-old daughter. Garcia informed her by phone that he was planning to go to court to obtain a formal custody arrangement. She responded by telling Garcia things were going to “get really bad for him,” Quandt said.

Days later, she filled out a police report and applied for a restraining order, claiming that on July 27, Garcia smashed her head into the wall multiple times and threatened to kill her and their toddler with a knife. Despite the lack of injuries that supported her version of events, Garcia was arrested and she was awarded full custody of the girl until the case resolved.

During the trial, which began Jan. 20, the complaining witness lied about her name and gave conflicting answers to each detail of the alleged attack, Quandt said. Jurors, who were allowed to ask questions through the judge, asked the woman if she knew the meaning of a lie and how they were to determine the truth in the face of so many conflicting stories.  She insisted she had no contact with Garcia after the alleged attack, but could not explain phone records showing that she called him about 100 times in the approximately 30 hours between the alleged attack and the day she filed the report.

On Wednesday afternoon, prosecutors admitted the complaining witness was not credible and dismissed all charges against Garcia.

Quandt said he was pleased with the outcome, but disappointed that the case made it to trial. Garcia lost his job and was allowed only one hour per week of supervised visitation with his child while charges were pending.

“Mr. Garcia is a law-abiding, loving father and he is very relieved to have a chance to get his life back,” Quandt said. “It’s unfortunate that police and prosecutors blindly trusted a woman with major motives to lie without completing the critical investigation that Mr. Garcia deserved.”

The jury, upon hearing the charges were dropped, clapped for Garcia’s vindication, Quandt said. Several jurors offered to write letters on his behalf so he could get his job back.

San Francisco Public Defender Jeff Adachi said the case illustrates that innocent people can be falsely accused.

“This case demonstrates the importance of a thorough investigation and expert cross-examination, which ultimately proved that an innocent man had been set up by an untrustworthy witness.  Fortunately, justice and common sense prevailed,” Adachi said.

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Shooting Victim Cleared Of Gun Charge

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San Francisco, CA — In a case connected to last year’s crime lab scandal, a jury acquitted a shooting victim of illegally possessing a firearm, San Francisco Public Defender Jeff Adachi announced today.

Following a three-day trial, Derek Hall, 29, was found not guilty Monday afternoon of two counts of being a prohibited person in possession of a firearm. The jury deliberated for four hours before reaching its verdict, said Hall’s attorney, Deputy Public Defender Carmen Aguirre.

Hall was seriously injured Feb. 8, 2010 after he was shot in the chest inside his Bayview residence. Police responding to the shooting searched Hall’s house and found the gun that shot him hidden in another room. Hall initially cooperated with police, but his assailant was never found, Aguirre said. He denied possession of the gun, which was unregistered.

Police, who had exhausted their leads, arrested Hall March 17, Aguirre said.

At the center of the trial was Hall’s November, 2009 drug sales conviction, which prosecutors argued made him a felon in possession of a firearm. However, Hall’s case hinged on evidence tested by former lab technician Deborah Madden, who subsequently resigned after allegedly stealing drugs and tainting evidence in the lab. A court ordered Hall’s plea withdrawn and his drug case was dismissed by a judge in June, 2010.

“Mr. Hall faced trial as a felon in possession of a firearm while the case that made him a felon had been dismissed,” Aguirre said.

Jurors in Hall’s gun trial agreed that the prosecution had failed to provide enough evidence to prove the case.

“It’s absurd to believe someone shot himself, then walked into the other room to hide the gun – all without spilling a drop of blood,” Aguirre said.

Hall, who has a minimal criminal record, suffered a pierced colon and liver in the shooting. He was released from custody following the trial.

“He’s going home with a fresh start. The failures of the district attorney’s office have not resulted in a failure of justice,” Aguirre said.

Adachi praised Monday’s verdict.

“While the jury came to a just decision, this case illustrates the fallout that continues nearly a year after the crime lab debacle,” Adachi said.

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