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‘Ordinary Injustice’ Focus Of Justice Summit

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San Francisco, CA — In the wake of two law enforcement misconduct scandals that have thrown thousands of criminal cases into jeopardy, the 2010 Public Defender’s Justice Summit: There Must Be Justice will be devoted to exposing and preventing every day injustice.

Experts on wrongful conviction, prosecutorial misconduct and media will join bestselling authors, law professors, reporters and celebrity attorneys on Wednesday, May 19. The free event, which is open to the public, will be held 9 a.m.-2:30 p.m. in the Koret Auditorium in San Francisco Main Library. Seating is limited and all attendees must register at sfpublicdefender.org.

San Francisco Public Defender Jeff Adachi, who is co-hosting the summit, said the discussions would be relevant given a pair of scandals that struck at the heart of the justice system in San Francisco: A lab tech whose cocaine theft unmasked rampant evidence tampering at the Police Department crime lab and a revelation that prosecutors failed to disclose the criminal convictions and misconduct of more than 80 officers who testified in criminal prosecutions.

“There couldn’t be a better time to have a frank discussion about the everyday injustices that make it difficult for ordinary citizens to get a fair shake,” Adachi said. “Our speakers will explore how to prevent systematic failures like the ones we’ve seen in San Francisco and discuss just how commonly these miscarriages of justice occur.”

In addition to recognizing and preventing “ordinary injustice” in the legal system, panels will focus on remaking the image of defense attorneys and statewide criminal record reform. Among the speakers are Amy Bach, attorney and bestselling author of Ordinary Injustice; Gerald Schwartzbach, whose high-profile cases included the murder acquittal of actor Robert Blake; Jonathan Shapiro, writer and producer of Boston Legal and The Practice; Jami Floyd, former Court TV Anchor, John Terzano, co-founder of The Justice Project and expert on prosecutorial misconduct; and Dr. Stephen Richards, a former federal inmate-turned-law-professor devoted to re-entry issues.

The Justice Summit will also feature actor Sharon Avey, who will perform as Clara Foltz, the first “Lady Lawyer” who spent 20 years fighting for and passing the law which created the first Public Defender’s office in 1916. The Public Defender’s office will also premiere its public service address.

The Justice Summit is sponsored by the Rosenberg Foundation. Co-presenters include the California Public Defender Association, California Attorneys for Criminal Justice and the Bar Association of San Francisco. Attorneys attending the conference will earn 4 MCLE units.

To register to attend this free event and for information on additional speakers, please go to sfpublicdefender.org.  Speakers will be available for press interviews from 9:00am-9:20am.

Public Defender, Chief Attorney Earn Top Honors

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San Francisco, CA – San Francisco Public Defender Jeff Adachi has been named Defender of the Year by the California Public Defenders Association, while Teresa Caffese, chief attorney for the Public Defender’s office, has been honored by the Daily Journal as one of the state’s top 100 women litigators.

Adachi will receive the award during the CPDA annual convention, held May 14-15 in Palm Springs.

Defender of the Year is bestowed upon an attorney who exemplifies the highest ideals of a public defender and is dedicated to the principle that indigent clients are deserving of well-funded, competent legal representation, according to CPDA President Bart Sheela.

With more than 4,000 members, CPDA is the largest statewide criminal defense organization in the country.  It offers continuing education opportunities for California public defenders and legislative advocacy to protect individual rights and liberties and to ensure criminal justice procedures remain fair and workable.

Sheela noted that the selection was based on Adachi’s “courageous and inspirational work on behalf of public defenders across the state and the nation.”

Judges for the statewide honor took into account Adachi’s work in presenting the annual San Francisco Justice Summit, leadership in making public defender budgetary issues accessible to the public and his defense of fellow public defenders in Baltimore who were fighting for their survival after the Maryland Public Defender was fired for protesting budget cuts. Adachi’s work is currently featured in the May issue of California Lawyer magazine.

“I am grateful and humbled by this award.  I have been extremely fortunate to benefit from the support and guidance of CPDA over the years and this award will inspire me and my colleagues to continue to work even harder to realize America’s promise equal justice for all,” Adachi said.

It is the second award garnered this week by the San Francisco Public Defender’s office. Chief Defender Teresa Caffese, whose 23-year career is marked my numerous courtroom victories, was honored by the Daily Journal as one of the top 100 women litigators in the state.

“It’s an honor to be chosen again as one of the top women litigators in California,” Caffese said. “I hope my work is emblematic not only of my high standards but also the incredibly tremendous work our office does every day on behalf of indigent defendants.”

Caffese secured several high-profile acquittals last year, including a domestic violence victim who stabbed her estranged boyfriend in self-defense after he violated a restraining order.

Woman Knocked Unconscious In Wreck Cleared Of Hit And Run Charge

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San Francisco, CA — A woman who suffered massive facial trauma in an accident while fleeing her abuser was acquitted of misdemeanor hit-and-run last week by a San Francisco judge, San Francisco Public Defender Jeff Adachi announced today.

On the third day of jury trial, April 13, Superior Court Judge Garrett L. Wong entered a not guilty judgment for 37-year-old Dorothy Williams. The judge acquitted Williams and dismissed jurors after the alleged victim was incorrectly subpoenaed by prosecutors and did not come to court. The victim, who had received full satisfaction for his vehicle damages, repeatedly maintained that he did not want Williams prosecuted.

“The judge did the right thing,” said Williams’ attorney, Deputy Public Defender Qiana Washington. “Ms. Williams never tried to avoid legal responsibility for the accident. She was disoriented from her terrible injuries. This was a case of blaming the victim.”

Williams, a certified nursing assistant, was arrested Aug. 2, 2009 following an accident in Candlestick Point State Park, where she had been socializing with friends. According to witnesses, Williams’ boyfriend arrived and began calling her names and threatening to beat her.  Fearing for her safety, Williams got into her Chevrolet Cavalier and drove away. After hitting a bump in the road, Williams’ tire blew out and sent the Cavalier careening into a wooden pole.

The force of the accident knocked out Williams and embedded a piece of the pole in her car, Washington said. With its driver unconscious behind the wheel, Williams’ car drifted into an acquaintance’s truck.

After regaining consciousness, a disoriented Williams drove a short distance before hearing a noise from her flat tire and stopping her car. Bystanders reported Williams appeared confused and hysterical. When police arrived, Williams provided her name and contact information. Responding officers noted Williams was bleeding heavily from the face and picking broken teeth from her mouth. A substantial amount of blood had pooled inside the car, police noted, and a dazed Williams told officers she wasn’t sure what had happened.

“Her condition was so dire that paramedics at first feared moving her and treated her in the car,” Washington said. Williams was taken by ambulance to San Francisco General Hospital.

Prosecutors argued that Williams left the scene of the accident without providing information to the victim. She faced up to six months in jail if convicted on the misdemeanor hit-and-run charge.

Adachi applauded Wong’s decision.

“An acquittal was the only just outcome in this case. There is a world of difference between driving off to avoid one’s legal responsibility and drifting away from the scene moments after a major head injury,” Adachi said.

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Jury Acquits Man In Mistaken Identity Case

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San Francisco, CA – A man who faced life in prison over a 2007 robbery and shooting has been found not guilty by a San Francisco jury, Public Defender Jeff Adachi announced today.

Jury members deliberated less than two days before acquitting San Francisco resident Tauilo Junior Matau, 32, of second degree robbery with intentional discharge of a firearm. The charge and accompanying allegation carry a sentence of life in prison. The jury reached its verdict Monday afternoon.

Jury members deadlocked 7-5 in favor of acquittal on charges of assault with a deadly weapon and possession of a firearm by a felon. The Court declared a mistrial on those charges.

Matau was accused of shooting 42-year-old Robert Dorton in the shin following an argument outside the Sunnydale housing projects on Feb. 23, 2007. Dorton told police the gunman also took cash, which Dorton offered as a bribe not to shoot him.

During the weeklong trial, Deputy Public Defender Carmen Aguirre argued that police ignored a physical description and timeline that exonerated Matau and failed to provide that evidence to the defense until after the victim died of dehydration in January, 2010.

Dorton had described his attacker as a stocky, short-haired Samoan man, 5 feet 9 inches tall with a distinctive forehead. Matau is 5 feet 6 inches tall, 300 pounds with long hair and an unremarkable forehead, Aguirre said.

Instead, the description fit Matau’s brother, who was arrested nearby on unrelated charges four days after the shooting. He was armed with a 9-millimeter gun — the same type of weapon used in the attack.  Police were aware of this development when they showed Dorton a single photo lineup, one that included Matau’s image but not his brother’s, Aguirre said.

“This was a case of a tainted identification and failure of the police to properly investigate,” Aguirre said. “Police decided that Mr. Matau committed this crime and worked backward from there, ignoring evidence that pointed to another suspect.”

Dorton was also drinking the morning that he was shot, and was on his way to the liquor store when he suffered the injury.  Following Dorton’s death, police tested the gun found in Matau’s brother’s possession and determined it was the weapon used in the shooting.

Adachi said the case highlights the need to challenge initial assumptions.

“If this information had never come to light, Mr. Matau would have been spending life in prison for a crime he did not commit,” Adachi said.

Media Advisory: Forensic Experts, Criminal Justice Advocates Call For Independent Crime Lab

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WHAT: Public defenders, private attorneys and forensic experts will convene Thursday, March 25 to discuss next-steps following evidence of widespread evidence tampering in the San Francisco Police Department Crime Lab and call for the city’s crime lab to be managed by independent scientists. The San Francisco Public Defender’s Office has retained the leading consultant in crime lab management, Jim Norris, to provide recommendations.

WHEN: Thursday, March 25

20 minute media availability begins at 12 p.m.

WHERE: San Francisco Public Defender’s Office

555 Seventh St.

Members of the media will meet on second floor to be escorted upstairs.

WHO:

  • Jim Norris, former director of the San Francisco Police Department Forensic Services Division, former president of the California Association of Criminalists and member of the California Association of Crime Laboratory Directors and Law Enforcement Video Association.
  • Jeff Adachi, public defender for the City and County of San Francisco
  • Bicka Barlow, forensics expert and deputy public defender
  • Private attorneys practicing criminal law in San Francisco

WHY: Allegations of stolen drug evidence, contaminated DNA samples, chain-of-custody problems and sloppy record keeping have raised dire concerns about supervision of the SFPD Crime Laboratory. Criminal justice and forensic professionals are voicing support for a lab run by unbiased scientists, not police officers with stake in the outcomes of evidence testing.

Jury Acquits Honor Student Of Gun Charge

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San Francisco, CA – An Army veteran and Dean’s List student who was prosecuted over a legally-registered, unloaded gun was found not guilty by a San Francisco jury Wednesday.

Jury members deliberated just 45 minutes before acquitting San Francisco resident Wayne Lee Banks Jr., 26, of carrying a concealed firearm in a vehicle. The misdemeanor charge carries up to a year in jail.

Banks, who has no criminal convictions, was arrested Oct. 9, 2009 following a contested traffic stop at Kearny and Clay streets. Officers stated in the police report that they immediately saw a handgun in a belt holster propped up against the center console.

“Despite officers describing the gun as immediately visible to justify the detention, Mr. Banks was arrested for carrying a concealed weapon. You can’t have it both ways. It’s not a magic gun,” said his attorney, Deputy Public Defender Maria Lopez.

During the two day trial, Banks testified that he felt comfortable carrying a handgun for protection because of his Army training and understanding of gun laws. He also said how he likes to purchase PA-10 rifles, but knew better not to carry them around, which is why he opted for a smaller gun such as a registered handgun. Even though firearms carried openly in belt holsters are not considered concealed according to California Penal Code, Banks testified that he took the already visible belt holster off his hip and placed it further up on the driver’s seat against the armrest to ensure his unloaded gun was completely visible as he drove.

A sergeant and two officers from the San Francisco Police Department testified at the trial. Police also submitted photographs of Banks’ gun partially wedged into the corner of his seat. During cross examination by Lopez, however, the sergeant admitted that the photographs were taken after he had handled the gun and placed it in that position.

“The testimony and photographs were not consistent with the initial police report and there was tampering with the evidence,” Lopez said. “The jury couldn’t understand why this went to trial. Either a gun is concealed or it is not, and this gun clearly was not.”

Banks, a 4.0 student and track team member at San Francisco City College, plans to transfer to Morehouse College and feared a conviction could ruin his chances for financial aid and scholarships, Lopez said.

San Francisco Public Defender Jeff Adachi called the trial a waste of resources.

“Mr. Banks was extremely conscientious about following the laws surrounding gun ownership,” Adachi said. “Considering all the cases involving illegal weapons and gun violence, it’s difficult to understand why time and money was spent prosecuting Mr. Banks.”

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Jury Finds Man Acted In Self Defense Against Off-Duty Officer

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San Francisco, CA — A motorist acted in self-defense when he used a knife to fend off an off-duty San Francisco police officer during a road rage incident, a jury found Friday.

Nicholas Batchelor, 28, of San Mateo, was found not guilty of assault with a deadly weapon causing great bodily injury, battery causing great bodily injury, possession of a switchblade knife, all felonies, and misdemeanor concealing evidence. The charges carry eight years in prison. The jury reached its verdict after deliberating for two-and-a-half days.

Batchelor, a grocery store manager, had no criminal history before his arrest on Feb. 10, 2009 following the incident at Haight and Steiner streets, said his attorney, Deputy Public Defender Manohar Raju.

Batchelor had been driving westbound on Haight Street when a Muni bus cut him off, causing him to swerve and nearly hit a bicyclist. Batchelor yelled out the window at the Muni driver as he passed the bus.

The bicyclist, San Francisco Police Sgt. John Burke, 47, mistakenly believed Batchelor was yelling at him.  Burke, who was wearing bicycling gear and never identified himself as an off-duty officer, approached Batchelor’s driver’s side window as the younger man parked his car several blocks away.

As Batchelor sat in his car, Burke began angrily swearing at him, demanding to know if Batchelor had been addressing him. During the two-week trial, both men testified that Batchelor explained he had been yelling at the Muni driver.

Batchelor testified that as he exited his vehicle, the cyclist stood 6 inches away and identified himself as a professional fighter.  He asked Burke to back off and again reassured him that his problem was with the bus driver, he testified.

Batchelor said Burke then struck him in the face with his palm, knocking the motorist’s glasses to the street. Burke testified that he struck Batchelor in the chest.

The off-duty officer then lifted him off his feet and threw him to the sidewalk, Batchelor testified. As Burke stood over the prone motorist and prepared to strike him again, Batchelor reached for his legal pocket knife and stuck Burke once in the left rib cage, he said.

Batchelor was arrested at the scene a short time later on an attempted murder charge, which a judge later dismissed. Arresting officers testified that Batchelor’s first words were to ask Burke’s condition.

Burke was treated at the hospital for a 2-inch stab wound. Batchelor was erroneously charged with possession of a switchblade, Raju said.

During closing argument, Raju argued that, “The prosecution tried this case because they felt they had to, because a police officer was the alleged victim. However, the evidence showed that Sgt. Burke was the aggressor and attacked Mr. Batchelor and that Mr. Batchelor acted in self-defense under the law.”

San Francisco Public Defender Jeff Adachi said justice was done in the case.

“Mr. Batchelor repeatedly tried to diffuse the situation,” Adachi said. “He believed he was fighting for his life.”

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Good Samaritan Acquitted of Felony Auto Burglary, Receiving Stolen Property

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San Francisco, CA — A man who claimed he was trying to roll up the window of an unattended car was acquitted by a jury Thursday afternoon of felony auto burglary and receiving stolen property, Public Defender Jeff Adachi announced today.

Weston Reynolds, 28, of San Francisco, was convicted of a lesser charge, misdemeanor vehicle tampering, following the two-day trial. The jury deliberated two days before reaching its verdict.

Reynolds was arrested Oct. 24, 2009 at 8:45 p.m. at the Performing Arts Garage on Grove Street in Hayes Valley.  Prosecutors alleged that Reynolds broke into a 2009 Honda Civic and attempted to steal the warranty, service log and owner’s manual.

During the trial, Reynolds testified that he spotted the unlocked car with its window down in the busy garage and decided to help the owner by securing the vehicle. When he discovered that the car had automatic windows that could not be operated without a key, he took the owner’s manual and other paperwork out of the glove compartment to try to find the owner’s contact information.

Meanwhile, the car’s alarm had sounded three times and the garage security guard responded to investigate.

Reynold’s attorney, Deputy Public Defender Phoenix Streets, said his client panicked when he realized how the scene would be perceived by the security guard.

“He knew it looked bad, so he said it was his aunt’s car,” Streets said. “However, he knew he wasn’t doing anything criminal so he continued to try to find the contact information. He made no attempt to leave.”

While the security guard signaled for his colleague to call the police, Reynolds called the car owner’s emergency roadside assistance number, which he found in the paperwork, to come secure the car. Police arrived moments before Auto Rescue, and arrested Reynolds.

“Through the testimony of my client, police and the security guard, it became clear to the jury that Mr. Reynolds’ actions were not those of a burglar,” Streets said. “He was in a busy garage, he knew there was a security guard on duty, and he continued to try to find the car owner’s contact information even after the alarm sounded and the security guard arrived. Also, I’ve never heard of a burglar calling roadside assistance.”

San Francisco Public Defender Jeff Adachi said the case illustrates that appearances can be deceiving.

“Just because something appears suspicious at first glance doesn’t mean a crime is being committed,” Adachi said. “When the jury understood the story that led up to Mr. Reynold’s arrest, they saw that the intent to steal was never there.”

Drug Cases May Be Compromised Due to Evidence Tampering In SF Crime Lab

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San Francisco, CA— People charged with drug offenses in San Francisco may have their cases dropped or convictions overturned due to alleged evidence tampering and substandard conditions in the police crime lab, San Francisco Public Defender Jeff Adachi announced Wednesday.

Adachi called for an independent investigation one day after San Francisco police halted all drug testing at the lab amid allegations that Deborah Madden, a 29-year employee at the lab, stole and tampered with cocaine evidence on numerous occasions. Police also revealed Madden had a 2008 domestic violence conviction and is currently facing a weapons charge.

Approximately 20 public defender clients saw their felony drug cases dismissed Wednesday morning alone. Those arrested prior to 2008 may never be able to get a fair trial, since all drug evidence has since been destroyed, Adachi said.

Police and prosecutors never disclosed Madden’s arrests to the Public Defender’s office while continuing to call her as an expert witness at trials.

“We have clients who are serving time behind bars based solely on Ms. Madden’s credibility,” Adachi said.

Also on Tuesday, San Francisco police released a November audit by the American Society of Crime Laboratory Directors showing the laboratory lacks a secure chain of custody for evidence, fails to keep detailed case records and does not meet standards of cleanliness.

The revelations are the latest in a long history of problems within the crime lab, Adachi said.

  • In 1994, the crime lab came under scrutiny because a police lab technician allegedly certified evidence as illegal drugs without performing the required chemicals tests.
  • In 1996, the Civil Grand Jury issued a scathing report urging the lab to seek funds to hire additional staff and replace obsolete equipment in order to produce results that meet quality assurance standards.

Despite the crime lab’s history of misconduct and insufficient testing, police have refused to turn over any previous audits or documentation showing how lab workers achieved results in specific cases involving drugs or DNA, Adachi said.

“There must be a review from someone other than the police or district attorney’s office to ensure the lab is operating with transparency,” Adachi said. “This strikes right at the heart of justice in San Francisco.”

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The Recorder: Expand Diversion to Save Money and Lives

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The Recorder

Commentary By Kwixuan H. Maloof

February 26, 2010

Jason Brown was less than 24 hours from wearing his cap and gown. Instead, the Mission High School student found himself in handcuffs after making the mistake of buying an Ecstasy pill.

Although he had never before been in trouble, Jason (a pseudonym) spent his graduation day in a jail cell.

In an instant, the door to his future began to close. A criminal conviction would affect his ability to go to college, qualify for financial aid and land a job. The minor drug charge carried a sentence of up to a year in jail.

Fortunately, a judge admitted Jason to the Pretrial Diversion program in San Francisco. The program, which is only available in a handful of California counties, allows first-time misdemeanor arrestees to avoid a criminal conviction by completing treatment programs and performing community service.

Jason completed the program, enrolled in college and now works as a camp counselor for young burn victims. His case was dismissed and he has no record of a conviction. Like most diversion participants, Jason has stayed out of trouble.

It’s time to give more people the same chance.

Currently, San Francisco’s court system handles 12,000 misdemeanor offenses annually. Because of the strict eligibility criteria, only 1,500 cases qualify for the Pretrial Diversion program.

Among the three dozen misdemeanors that do not make the cut are resisting arrest, computer crimes, graffiti with a prior offense and certain Fish and Game Code violations such as hunting abalone out of season. Drug possession offenses, like Jason’s, are not usually allowed in the program.

There has never been a better time to expand this program. Making it happen requires that the district attorney’s office, public defender’s office, adult probation and the trial courts agree to change the eligible crimes to include other misdemeanor offenses.

Broadening the program also makes fiscal sense.

San Francisco taxpayers shell out $120 each day to house an inmate at the county jail. Add court, attorney and prosecutors’ costs and a simple case like Jason’s can easily cost taxpayers thousands of dollars. The cost for Pretrial Diversion is only $245 per client, creating a potential windfall in savings by expanding the list of eligible offenses.

In terms of efficiency, Pretrial Diversion is the bullet train to traditional justice’s lumbering freight. It makes citizens safer by addressing the root causes of crime while providing individuals accused of minor crimes an opportunity to handle their cases in an efficient and effective manner. It also saves taxpayers millions of dollars. Most significant, it helps provide restitution to victims of crime. In 2009, Pretrial Diversion participants paid approximately $240,000 in restitution to crime victims.

More than 215,000 community service hours are completed each year by persons who participate in Pretrial Diversion and through Project 20, a program for people who cannot afford to pay their vehicle fines.

Pretrial Diversion also provides case management supervision to nonviolent participants, who receive daily case management. This has boosted court appearances by participants to an average attendance rate of 94 percent. Case managers help their clients navigate access to services like drug and alcohol counseling, anger management and housing placement.

In these tough economic times, we must focus on solutions that work. Pretrial diversion has been proven effective at saving court time and taxpayer money. We must expand this remarkable program to include other misdemeanor offenses — we simply cannot afford to do otherwise.

Kwixuan H. Maloof is the managing attorney in charge of the San Francisco public defender’s misdemeanor unit.

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