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Year End Report: Public Defenders Win 48 Percent of Jury Trials

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San Francisco, CA— People facing jury trial in San Francisco last year avoided conviction nearly half the time if represented by a public defender, according to the 2010 Public Defender’s Annual Report and 2011 Calendar, released this week.

The document may be viewed by logging on to:  http://sfpublicdefender.org/media/2011/01/annual-report-2010/

Combined misdemeanor and felony trial statistics for 2010 reveal that juries returned not guilty verdicts 36 percent of the time. Another 12 percent of trials resulted in hung juries, and 22 percent resulted in mixed verdicts. Juries found public defender clients guilty of all charges in only 30 percent of trials. Public defenders tried 168 total cases in 2010.

Public Defender Jeff Adachi noted that the acquittal rate rose for the third straight year, despite an extraordinarily busy time for the office. A series of scandals involving the San Francisco Police Department Crime Lab and police misconduct disclosures necessitated the review of thousands of cases by public defenders during 2010.

“Despite the additional duties that came with ensuring the integrity of the evidence, we have continued to do our very best to provide 25,000 San Franciscans with the legal representation guaranteed by the Constitution,” Adachi said.

The Public Defender’s office has published its annual report each year since 2003.  This year’s calendar features emotionally stirring portraits and true-life accounts of clients, staff, courtroom victories and innovative programs. Highlights include:

  • 48 percent of all trials resulting in no conviction, compared to 46.5 percent in 2009 and 38.5 percent in 2008.
  • Approximately 700 felony cases dismissed due to the crime lab scandal.
  • 70 percent of homicide trials resulting in acquittals, hung juries or mixed verdicts.
  • 2 homicide convictions overturned on appeal.
  • 71 percent of domestic violence trials resulting in acquittals, hung juries or mixed verdicts.
  • 3:1 vs. 5:1: Recommended number of attorneys assigned to a single defense investigator vs. actual number of attorneys assigned to a single defense investigator.
  • Launching of a pilot program allowing those under a mental health conservatorship to be placed in the community, minimizing their interactions with the criminal justice system.
  • 39 percent reduction in re-arrests for Behavioral Health Court clients.
  • 0 children sent to state incarceration facilities or transferred to adult criminal court.

These statistics and many more are included in the Public Defender’s office 2010 Annual Report and 2011 Calendar, which is not printed at public expense.  The Public Defender’s office is one of the few city departments that provide printed annual reports to the public.

Adachi said the report reflects his office’s commitment to transparency and gives the public a broad view of the criminal justice system.

“People often think that if someone is charged with a crime, there must be overwhelming evidence,” he said. “In fact, juries did not find enough to convict in nearly half the jury trials.”

The public may pick up the free calendar at the front desk of the San Francisco Public Defender’s office, 555 Seventh St. (between Brannan and Bryant streets.)

Note to Media: High Resolution Images of Calendar Pages Available

Annual Report 2010

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The 2010 Annual Report and 2011 Calendar features stirring portraits of our clients and staff and documents our fight for justice both in and out of the courtroom.

Public Defenders Free Five After Jury Trials

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San Francisco, CA — Public defenders secured a stunning five acquittals in less than a week, including a man charged in a car wash scuffle and a skateboarder accused of assaulting two off-duty police officers, San Francisco Public Defender Jeff Adachi announced today.

Jury members reached the not guilty verdicts in separate trials from Tuesday, Jan. 18 to Monday, Jan. 24.

Monday: San Francisco resident Will Thomas, 46, was found not guilty of criminal threats, assault with force likely to cause great bodily injury, simple battery and destroying a communication device.

The charges stemmed from an Oct. 21 argument with a woman who claimed he parked incorrectly at a Potrero Hill self-service car wash, said his attorney, Deputy Public Defender Ariel Boyce-Smith.  The woman testified that she put a garbage can next to his car after he ignored her demands to leave. She accused Thomas of kicking over the can and threatening her, which Thomas denied. The woman further claimed Thomas sprayed car wax in her direction and, when she tried to take a photo of him, snapped a chamois at her hand, causing her phone to drop to the ground and break. Finally, the woman claimed Thomas grazed her leg with his car as he exited the car wash, though she had no visible injuries, Boyce-Smith said.

“The jury simply did not find the complaining witness’ testimony credible,” Boyce-Smith said.

Wednesday: William Johnson, 43, was found not guilty of possession of a controlled substance. Johnson, who is homeless, was arrested Oct. 20 after a police officer claimed to witness him throwing methamphetamine on the floor inside a Carl’s Jr., said his attorney, Deputy Public Defender Brian Pearlman. While Johnson maintained his innocence, a second suspect who was questioned and released was arrested for methamphetamine possession two days later, Pearlman said. In addition, the jury determined that from the officer’s vantage point, it was unlikely he could have witnessed Johnson throw anything, according to Pearlman.

Thursday: Jurors acquitted San Francisco resident Matthew Hoyt, 23, of two counts of battery stemming from a June 26 altercation with two off-duty police officers as Hoyt was riding his skateboard to the Pride festivities in the Civic Center area, said his attorney, Deputy Public Defender Walter McMath.

As Hoyt traveled down Turk Street, a car began honking furiously behind him, he testified. Hoyt responded with a vulgar gesture as he crossed to the other side of the road. The driver and passenger, who were off-duty police officers, traveled parallel to Hoyt and began arguing with the skateboarder, McMath said. The men then abruptly cut across several lanes toward Hoyt, nearly running him off the road, McMath said. Hoyt, who believed the men had crossed over to fight him, punched the driver through his open window and rode off.

The passenger then chased Hoyt as the driver cut him off with his car, causing him to fall off his skateboard. Hoyt testified he dodged the passenger’s open arms and punched him once before the men identified themselves as police officers and arrested him.

During the three-day trial, a Santa Rosa man described a similar road rage encounter in San Francisco with the passenger, Officer John Anton, in July, 2008. The witness testified that as he made a legal right turn, Anton, who was beside him on a motorcycle, began yelling and kicking his car. Anton followed the frightened motorist to Novato, making an obscene gesture before driving off, the driver testified. The following day, the man was pulled over in San Francisco. Anton appeared at the scene moments later, pushed him against a wall and arrested him. The district attorney later dropped charges against the motorist.

The jury deliberated three hours before clearing Hoyt of all charges.

Also on Thursday, jurors determined a 47-year-old Cotati man was not masturbating when a citizen saw his hands moving inside his pants as he stood on a Tenderloin corner. The citizen accused Huey Roundtree of looking at a 10-year-old child who sat in a parked van nearby.  Roundtree faced lifetime registration as a sex offender if convicted, said his attorney, Deputy Public Defender Jennifer Ruggiero. Following the three-week trial, jurors determined Roundtree, who has no history of crimes against children, had instead been attempting to retrieve his heroin.

Tuesday, Jan. 18: Jurors acquitted a homeless man, 44-year-old Shedrick Jackson, of punching his girlfriend in the face during a Nov. 24 altercation on Eighth and Mission streets. He was arrested after a motorist with a partially-obscured view told police he saw Jackson punch the woman in the side of the face and the two tumble to the ground in front of his car.

“What he saw, unfortunately, was a snapshot in time with no context,” said Jackson’s attorney, Deputy Public Defender Emily Dahm.

Jackson’s girlfriend testified she was drunk that day and began beating Jackson because she thought he had been flirting with a female security guard. She testified that, during the argument, she tripped over her sandals.  As Jackson was helping her up, she bit his finger, drawing blood. Jackson was taken to the hospital for his injured finger.

During the two-day trial, three witnesses from two homeless organizations testified that the complaining witness had been barred from their facilities for attacking Jackson.

San Francisco Public Defender Jeff Adachi applauded the verdicts.

“To determine the truth, each side of the story must be told. These deputy public defenders made sure the juries heard all the evidence,” Adachi said.

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Public Defenders Secure Three Acquittals In 24 Hours

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San Francisco, CA — A man mistaken for a car burglar, a woman wrongly charged after a police officer manipulated a computer log and a homeowner defending his property were acquitted by juries in three separate trials this week.

The not guilty verdicts came within 24 hours Monday and today. Each client was represented by the San Francisco Public Defender’s Office. All faced a year in jail if convicted.

On Monday, Laporsha Greene, 22, of San Francisco was found not guilty of evading a police officer. The jury came to its decision in minutes following a three-day trial in which the arresting officer impeached himself several times on the stand, said Greene’s attorney, Deputy Public Defender Damien Jovel.

Greene, a caregiver to the elderly, was driving her grandmother’s minivan Aug. 31 when a police officer attempted to pull her over at Crescent Avenue and Andover Street for a broken tail light. The officer wrote in his report that Greene ignored his light and siren, speeding and driving recklessly. The officer ran her license plate and pursued her for two blocks before giving up, he said.   An hour later, he tracked the vehicle to Greene’s Visitacion Valley residence. The officer cited Greene after she approached him on the sidewalk and asked him what was wrong with the van.

“That was the first thing that struck the jury—it made no sense that a woman who had just evaded police would approach an officer who is inspecting her getaway car,” Jovel said.

The jury was also swayed by inconsistencies between the officer’s version of events and the police department’s computer log, called a CAD.

“The officer testified he first saw the van at 6:50 p.m., but the CAD noted he ran the license plate nine minutes earlier at 6:41 p.m.,” Jovel said. “The CAD doesn’t lie.”

The officer’s credibility was further damaged, Jovel said, when he denied under oath that he manipulated the CAD record to add Greene’s license information at 6:56 p.m., possibly to fit his version of events. He was later impeached when the police department’s custodian of record confirmed the officer had pasted in the information later.

Greene testified she never saw the light nor heard the siren and denied driving recklessly.

In a second acquittal Monday, a jury deliberated less than three hours before finding San Francisco resident Jon Whiteman, 58, not guilty of auto burglary and receiving stolen property.

Whiteman’s ordeal began April 14, when the sound of shattering glass startled a 28-year-old woman and her 55-year-old mother inside their O’Farrell Street apartment, said Whiteman’s attorney, Deputy Public Defender Prithika Balakrishnan.

From the window, the daughter spotted a man running away with her purse. Her car window had been smashed. She chased the thief, with her mother not far behind. The daughter followed the man onto the 38 Geary bus, but he had already fled, leaving her property on the bus floor.

A short time later, the women spotted Whiteman waiting to cross the street at O’Farrell Street and Van Ness Avenue and flagged him down. Believing they needed assistance, Whiteman approached, Balakrishnan said. Instead, the mother physically accosted him while the daughter called 911. Responding officers arrested Whiteman.

“Mr. Whiteman had no idea what was going on,” Balakrishnan said. “He asked police to get video from the area to clear his name. Police never bothered to get surveillance footage from Muni or interview any of the witnesses on the bus or on the street.”

During the six-day trial, several character witnesses—including a nun—testified to Whiteman’s honest nature. His physician testified that chronic hip and knee problems left Whiteman unable to run.  An expert witness also took the stand, testifying to the unreliability of eyewitness identification.

“The only thing holding the case together was the shaky identification by the complaining witnesses,” Balakrishnan said. “In the end, the jury was not convinced.”

In a final victory, jurors this morning found a homeowner not guilty of domestic violence after he used force to stop his former partner from tearing down a wall following repeated verbal warnings.

Jurors deliberated for one hour before determining Joseph Bandiera, 44, acted in defense of his property when he struck his 45-year-old former partner with a portable fire extinguisher Oct. 7. He was acquitted of all charges, which included domestic violence and assault with a deadly weapon.

Bandiera’s attorney, Deputy Public Defender Emily Dahm, said the two men bought a three-unit apartment building in Noe Valley together in 2005, shortly before their relationship ended. Bandiera lives in the building while his former partner rents one of the units to a tenant. The building has been the subject of a protracted legal battle between the two owners.

On Oct. 7, after a disagreement over a leak in a tenant’s apartment, Bandiera and his husband discovered the co-owner tearing down a wall while another man videotaped it. The men ignored multiple pleas by Bandiera and his husband to stop ripping through drywall and to leave the premises.  In an unsuccessful effort to stop the vandalism, Bandiera’s husband sprayed the man with a fire extinguisher before calling the police.

Before police could arrive, Bandiera tried to stop his former partner by hitting him several times with the extinguisher. The complaining witness suffered a minor cut to the arm that did not require stitches.

“The minute Mr. Bandiera’s former partner forcibly entered the area and began tearing down the wall he became a trespasser on his own property,” Dahm said. “Mr. Bandiera had the right to use reasonable force.”

Dahm said the jury also questioned the complaining witness’ truthfulness after learning he edited his friend’s videotape of the incident before giving it to police, ensuring it only showed the physical confrontation.

Motorcyclist Acquitted Of Vehicular Homicide

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San Francisco, CA — A motorcyclist who fatally struck a pedestrian near the Golden Gate Bridge in 2008 was found not guilty of vehicular manslaughter by a San Francisco jury Wednesday.

The jury deliberated for less than an hour before acquitting San Francisco resident Anatoly Volvovik, 35, of the misdemeanor charge. He faced up to a year in county jail if convicted.

“It didn’t take long for the jury to determine this was a tragic, unavoidable accident and not a crime,” said Volvovik’s attorney, Deputy Public Defender Kwixuan Maloof.

The charge stemmed from an Oct. 28, 2008 accident on Richardson and Chestnut streets. Volvovik was driving his 1977 Honda motorcycle below the 35 miles per hour speed limit when Marie Xian Ning Guo, 75, attempted to cross Richardson Street against a red light.

Two drivers slammed on their brakes, narrowly missing Guo, who continued to walk while looking at the ground, witnesses testified.  Volvovik, whose view was obstructed by larger vehicles, hit Guo and was thrown from his motorcycle. Guo later died at San Francisco General Hospital. The case was conducted by an auto accident attorney Phoenix specialist.

During the four-day trial, one of the motorists who nearly hit Guo described praying that passing drivers would see the small woman, who appeared oblivious to traffic. A cyclist who was waiting at the intersection also took the stand, describing a traffic conditions that were too busy for a pedestrian to cross safely. A collision reconstruction expert testified it would have been impossible for Volvovik to stop his motorcycle in time to avoid the crash.

Volvovik was not under the influence of any drugs or alcohol at the time of the crash, Maloof said.

Public Defender Jeff Adachi praised the jury’s decision.

“Mr. Volvovik was traveling at a safe speed, following all traffic laws. There was simply no evidence he could have avoided this terrible accident,” Adachi said. If you know someone who’s having the same situation and needs the help of attorney regarding an auto accident, look for getmejustice.com.

Man Seeking American Dream Did Not Attack Wife, Jury Finds

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San Francisco, CA — A recent immigrant from Burma accused of pushing his wife so violently that she fell and hit her head on the sidewalk was found not guilty today by a San Francisco jury.

Jury members deliberated less than three hours Thursday before clearing 50-year-old Tun Sein of all charges. The San Francisco resident and restaurant worker had been charged with inflicting a corporal injury on a spouse, assault with force likely to cause great bodily injury and criminal threats. He faced a year in county jail if convicted of the misdemeanor charges.

His attorney, Deputy Public Defender Emily Dahm, said the jury was convinced of Sein’s innocence after hearing testimony from emergency room physicians, who could not find a single mark or scrape on Sein’s wife after she reported the alleged attack.

“She described being shoved so hard that she fell down the stairs and smashed her head against the concrete but there wasn’t a shred of physical evidence or a single witness to support her story,” Dahm said.

Sein, who has no criminal record, was arrested following a Oct. 23, 2010 argument with his wife and her sister over money. Sein, a legal immigrant, moved with his wife and two teenage children to San Francisco from Burma in February and was renting a portion of his sister-in-law’s house.

During the five-day trial, Sein’s sister-in-law produced a ledger in which she meticulously documented each penny she spent on Sein’s family.  She testified that on the day of Sein’s arrest, both sisters had been angry that Sein had not paid her back for clothes she bought his children. Sein, who was the family’s sole supporter, insisted his sister-in-law wait until his next paycheck and accused her of charging him for hundreds of dollars in luxury skin care products she bought for herself during the same shopping trip. Sein’s sister-in-law threatened to throw Sein and his wife and children out of the house if he did not pay her immediately.

Sein’s wife told police that her husband fled the home during the argument. When she chased after him, she told police, he turned around and shoved her, causing her to fall down one to two steps and hit her head on the concrete.

“After listening to testimony, the jury did not find Mr. Sein’s wife or her sister to be credible,” Dahm said.

Dahm commended jury members.

“Mr. Sein came to America to live the American Dream and that dream quickly turned into a nightmare when he was falsely accused of a crime,” Dahm said. “The jury’s verdict is a testament to the American justice system and has renewed Mr. Sein’s faith in this country.”

San Francisco Public Defender Jeff Adachi said the witnesses called by the defense proved critical in exonerating Sein.

“The testimony of medical experts provided a credible, unbiased view of what happened—and didn’t happen—the day Mr. Sein was arrested, Adachi said.  “The jury carefully considered the evidence and acquitted Mr. Sein.”

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Free Screening and Discussion Details Life In SF After Prison

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WHAT: Free screening and discussion of A Hard Straight, a film by Goro Toshima. This documentary details the experience of three individuals transitioning from prison to life in San Francisco and Los Angeles. A Hard Straight follows the former prisoners as they negotiate the difficulties of returning to an uncaring—and often hostile—society. A discussion will follow with local reentry experts. For more information on the film, go to: http://www.pbs.org/independentlens/hardstraight/film.html.

WHO: The film is presented by the San Francisco Reentry Council and the San Francisco Public Library. Public Defender Jeff Adachi will moderate a discussion that includes Michael Brady, California Department of Corrections and Rehabilitation; Linda Connelly, Leaders in Community Alternatives, Inc.; Stephen Fields, Asian American Recovery Services; Harvey Sako, Division of Adult Parole Operations; Cheyanne Torres, Project WHAT! Allyson West, California Reentry Program. Supervisor Ross Mirkarimi will provide welcome remarks.

WHEN           Thursday, Dec. 9, 2010

5:30 p.m – 7:30 p.m.

WHERE: San Francisco Public Library

Koret Auditorium

100 Larkin Street (at Grove)

DETAILS: The movie and discussion are free and open to the public. The purpose of the Reentry Council is to coordinate efforts to support adults returning from jail or prison.  For more information, log onto sfreentry.com or call (415) 553-1593.

Public Defender Named President Of Charles Houston Bar Association

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San Francisco, CA — Kwixuan Maloof of the San Francisco Public Defender’s Office has been elected president of the Charles Houston Bar Association—the first time in 40 years a deputy public defender has headed the organization, which represents African American judges, lawyers and law students throughout Northern California.

Maloof, who has been a member of CHBA since 1997 and is currently the organization’s vice president, will take the helm Saturday, Dec. 4 following the Association’s annual dinner and dance at the City Center Marriott in Oakland.

Maloof, who currently manages the felony unit at the San Francisco Public Defender’s Office, said his goals for the CHBA include focusing on the professional development of young lawyers.

“Young attorneys are our future. We need to support and train them as they strive for personal and professional excellence and remain committed to ensuring justice, humanity and equality for all,” Maloof said.

CHBA was founded in 1955 and is committed to working within the African American community to facilitate access to the justice system and promote equal protection under the law.

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Chef Caught In Robbery Sting Exonerated By Jury

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San Francisco, CA — A San Francisco chef who was falsely arrested in an SFPD robbery sting was cleared by a jury Tuesday evening.

Jury members deliberated less than 15 minutes before finding Matthew Martinez, 28, not guilty of one count of grand theft, said his attorney, Deputy Public Defender Prithika Balakrishnan. Martinez faced up to a year in jail if convicted.

Martinez was arrested Oct. 6, 2010 following a confusing encounter with a seemingly drunk man who asked Martinez to sell him a cigarette, Balakrishnan said.  The staggering man holding a beer was one of eight undercover officers near Eighth and Mission streets, part of SFPD’s controversial Robbery Abatement Team. The unit has drawn criticism as a costly operation that entraps San Francisco’s poorest residents.

Martinez testified during the weeklong trial that he handed the man a cigarette. In response, Martinez said, the man gestured at Martinez with his chest—a move Martinez interpreted as the man offering him the money that was falling out of his breast pocket.

Martinez testified that he took out a single bill and pushed the remaining bills safely back into the man’s pocket.

“At that moment, an arrest signal that never should have been given set off a series of mistakes, ending in the prosecution of an innocent man,” Balakrishnan said.

Martinez said he was shocked and confused as police officers threw him up against a car and handcuffed him.

“I’m an honest person. I have never been accused of anything like this and I had no idea why I was being arrested,” Martinez said. “I was in jail for three hours before I was told why I was there.”

During the trial, jury members heard Martinez’ taped interrogation by three police officers, in which Martinez appeared confused and consistently responded to questions by insisting, “I honest to God thought he was asking to buy a cigarette from me.”

The jury also heard from character witnesses who detailed Martinez’s background, including his work as a chef in Portland, New York City and San Francisco.

“He’s been in supervisory positions. He’s been in charge of inventory checks and given keys to liquor cabinets. It didn’t make sense that he would suddenly decide to launch a pick-pocketing career on Oct. 6,” Balakrishnan said.

San Francisco Public Defender Jeff Adachi applauded the jury’s decision and said Martinez’ arrest is an example of how such robbery stings can snare innocent people.

“This case illustrates how easily the line between crime prevention and crime manufacturing can be crossed,” Adachi said.

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Man Who Urinated In Alcove Cleared Of Sex Offenses

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San Francisco, CA — A homeless man who faced lifetime registration as a sex offender was acquitted Monday of masturbating in public after jurors determined he was simply trying to urinate.

Jurors deliberated for an hour before finding 46-year-old Anthony Richey not guilty of indecent exposure and lewd conduct, said his attorney, Deputy Public Defender Ariana Downing. An indecent exposure conviction would have required Richey to register for life as a sex offender. Richey faced up to six months in jail if convicted of both misdemeanors.

Richey was arrested July 25, 2010 after a passerby called 911 and reported a man masturbating while partially hidden in an alcove on the corner of Eddy and Franklin streets.

During the two-and-a-half-day trial, the medical director of Jail Health Services and an urologist both testified that Richey had a documented 10-year history of prostate and bladder problems that made urination difficult. In addition to his health conditions, which had caused him to be catheterized in the past, Richey was taking medication with a primary side effect of increasing difficulty in urinating.  The urologist testified that men suffering Richey’s condition often will push on their bladders or squeeze their genitals in an attempt to increase the flow of urine.

The 911-caller also took the stand, contradicting his earlier claim and conceding that Richey could have been trying to urinate. Police officers who arrested Richey testified that when they told him, “You can’t be doing that here” Richey responded, “I have no place else to go. I’m homeless.”  Police confirmed that Richey was huddled close to the wall of the alcove and was not readily visible to passersby.

“You can see how someone could observe Mr. Richey, homeless and huddled in an alcove, concentrating and unsuccessfully attempting to urinate, and jump to conclusions,” Downing said. “However, things aren’t always as they appear. In this case, police mistook his intentions.”

San Francisco Public Defender Jeff Adachi said the case illustrated how snap judgments can be wrong.

“This case shows that a person’s actions can be easily misinterpreted and that things aren’t always what they might seem.  Fortunately for Mr. Richey, the true facts came to light, thanks to his public defender’s thorough investigation,” Adachi said.

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