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San Francisco Examiner: Adachi To Bring Up Funding Issues At Washington Conference

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By: Brent Begin
Examiner Staff Writer

Public Defender Jeff Adachi is off to Washington D.C. this week for a national conference on criminal defense for the poor.

U.S. Attorney General Eric Holder is hosting the “National Symposium on Indigent Defense: Looking Back, Looking Forward 2010. More than 600 public defenders, judges and elected officials are expected to attend and discuss ways to better defend those without the means to hire their own attorneys.

Adachi’s presentation on Thursday is sure to bring up the lingering battle with Mayor Gavin Newsom over funding for his office. The public defender has been passing high-profile cases to outside council for months in an effort to save the office money.

Public Defender Jeff Adachi to Speak at U.S. Attorney General’s Conference

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San Francisco, CA— San Francisco Public Defender Jeff Adachi will be among the featured speakers this week at U.S. Attorney General Eric Holder’s national conference on criminal defense for the poor.

National Symposium on Indigent Defense: Looking Back, Looking Forward 2010 will be held Thursday, Feb. 18 and Friday, Feb. 19 in Washington DC. Defenders, key policymakers and representatives of justice systems across the country will converge during the two-day event to form key partnerships and explore ways to improve legal representation for indigent adults and juveniles. More than 600 public defenders, judges and elected officials are expected to attend.

On Thursday, Adachi will give a presentation on the crisis in indigent defense funding and discuss how his office has dealt with the increasing demand for legal services created by the economic recession.

Over the past year, cuts of nearly $1 million crippled the Public Defender’s office and resulted in outsourcing hundreds of cases to private attorneys due to lack of staffing. Adachi has been a vocal opponent of the budget cuts, saying that it costs the city much more to outsource cases than to have his office provide representation. Adachi’s prediction came true, with more than $3.2 million in private counsel costs being requested by the court to cover cases that the Public Defender could have handled with adequate staffing.

“I am honored to be included among the justice officials invited to speak at the Attorney General’s symposium. It is my hope that Attorney General Holder uses the force of his office and the law to help struggling public defender’s offices around the country to provide the legal representation to the poor guaranteed by the Constitution,” Adachi said.

Man Cleared of Battery on a Parking Officer

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San Francisco, CA— A man accused of spitting in a parking enforcement officer’s face was acquitted by a San Francisco jury Thursday afternoon.

Ian Atkinson, 29, was found not guilty of battery on a code enforcement officer following a two-day trial. Jurors also found Atkinson not guilty of lesser charges of simple battery and simple assault.

The jury deliberated one day before reaching its verdict.

Atkinson was cited by police Aug. 27, 2009 following an argument with the parking officer on the 600 block of Davis Street near the Embarcadero. The officer was approaching a workman’s truck in her motorized cart when Atkinson and a female co-worker decided to help the truck owner avoid a ticket. Atkinson’s coworker fed the meter while Atkinson approached the officer to explain. 

Atkinson’s coworker testified that the officer became furious and immediately began yelling at Atkinson. The officer issued the ticket, and Atkinson admitted to spitting at the back of her vehicle as she drove away.

He testified that the officer abruptly stopped her vehicle, exited and said, “Now I got you” before calling 911 and falsely reporting that Atkinson had spit in her face.

During the trial, the responding police officer testified that he observed spittle on the vehicle’s back window, but not on Atkinson’s face or clothing.

In addition to Atkinson, the parking officer also testified during the trial.

Atkinson’s attorney, Deputy Public Defender Gunnar Rosenquist, said the jury’s decision came down to whose testimony was more believable.

“The jury believed my client. The officer’s story just did not come off as truthful on the stand,” Rosenquist said.

Atkinson, a San Francisco native with no criminal record, works as an office manager and is a longtime volunteer with Bay Area youth and Glide Memorial Church.

“This case hung over Mr. Atkinson’s head for five months, and it was all based on a lie. I’m very happy to see his name cleared,” Rosenquist said.

San Francisco Public Defender Jeff Adachi said the verdict was just.

“Nobody is excusing losing your cool and spitting on someone’s vehicle, but the facts of this case proved that was where the conflict ended,” Adachi said.

Woman Found Not Guilty After Dognapping Trial

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San Francisco, CA— A woman who believed she was rescuing a lost dog from Union Square traffic was acquitted of stealing the animal by a San Francisco jury Wednesday.

Vierra Morris, 21, of Fairfield, was found not guilty of misdemeanor grand theft following a two day trial. The jury deliberated for 90 minutes before reaching its verdict.

Morris, a college student whose family has rehabilitated several rescue dogs, was Christmas shopping in downtown San Francisco on Dec. 4, 2008, when she spotted a Yorkshire terrier that appeared lost. The 4-pound dog–which was wearing a cashmere sweater but no collar, identification tags or leash–was running in and out of stores on the unit block of busy Grant Avenue, witnesses testified.

After a security guard at a nearby store told Morris he didn’t know if the dog belonged to anyone, Morris took the animal home.

Meanwhile, the dog’s owner had been talking on his cell phone inside his parked vehicle while his wife tried on clothes in the Ted Baker store on Grant Avenue.

The 42-year-old San Francisco resident told police that he and his wife had let their $2,500 dog run unleashed as they shopped in the high-end British clothing store. He had been was unaware his pet had followed him when he left the store to take a business call, according to a police report filed in the incident.

By the time he hung up, Morris had already asked passersby about the animal, picked it up, and driven away. Witnesses provided the dog owner with Morris’ description and informed him that her car had been ticketed while she shopped. Shopping for groceries online not only saves you valuable time, but with the members-only grocery prices at Sam’s Club. Visit their website https://www.groupon.com/coupons/stores/samsclub.com for more information.

Morris testified that when she was contacted by San Francisco police, she gave them the address of a neighbor who was caring for the dog. Morris believed the matter was resolved and had no knowledge a warrant had been issued for her arrest, she said.

Morris, who had no criminal record, was arrested on the warrant nearly a year later, on Aug. 26, 2009. The case was charged as a felony, causing Morris to lose her college financial aid. A judge reduced the charge to a misdemeanor in January.

Morris’ attorney, Deputy Public Defender Cindy Elias, said both witnesses and store surveillance videos played key roles in clearing her client.

“The surveillance video showed the defenseless dog with no collar or identification running from store to store on Grant Avenue during peak traffic before being scooped up by Ms. Morris,” Elias said. “The intent to steal simply wasn’t there. It was clear to the jurors that Ms. Morris truly believed she was rescuing the dog from a dangerous situation.”

The prosecution’s star witness, a former employee of the nearby Ed Hardy store, testified that the dog had been running up and down the street for 15-20 minutes, contradicting testimony of the owner’s wife, who claimed the dog was out of her sight only 3-5 minutes. The prosecution’s two other witnesses testified that the dog appeared lost.

In the year following the incident, Morris’ neighbor had found a home for the dog.  Morris and her mother helped police inspectors track down the dog, which was recently reunited with its original owners. Morris’ mother, a longtime SPCA worker, now works to recover lost pets.

“The circumstances of this case were so strange that it could have been the plot for a Hollywood movie,” said San Francisco Public Defender Jeff Adachi. “Fortunately, this real life drama ended on a just note after a jury heard the evidence.”

Jury Clears Three Men Following Double Murder Trial

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San Francisco, CA— Three men on trial for two Visitacion Valley killings were found not guilty of all charges by a San Francisco jury Tuesday.

Joc Wilson, 23, Floyd Jackson, 22 and, Emon Brown, 21, faced first-degree murder charges in addition to gang and firearm enhancements. The charges carry a maximum sentence of life in prison.

The jury deliberated for just over one day before reaching its verdict.

All three men were accused of the fatal shooting of Brandon Perkins, 29, on Aug. 2, 2007. Brown and Wilson were charged with gunning down Byron Smith, 32, exactly one month later.

All were indicted by a grand jury Feb. 21, 2008.

Prosecutors alleged the shootings were part of a territorial battle between rival Visitacion Valley gangs.

The six-month trial relied solely on thin circumstantial evidence, said Deputy Public Defender Steve Olmo, who represents Wilson. The prosecution focused on Wilson’s DNA, which was found on the handlebar of a bicycle ridden by one of the gunmen in Smith’s killing.

“The case against Mr. Wilson was all smoke and mirrors,” Olmo said. “The prosecution’s star witness told multiple, conflicting stories about what he claimed to have seen. We were able to show that Mr. Wilson wasn’t even in the area when the shootings occurred, and the initial identification of suspects didn’t match Mr. Wilson’s profile.”

Three witnesses to Smith’s killing did not identify Wilson as being one of the gunmen. Two of the witnesses excluded him from lineups, while a third was emphatic that Wilson was not present, Olmo said.

Olmo also established that the DNA found on the handlebar of the bicycle didn’t prove that his client participated in the killing.

“The DNA was found in the ridges of the handlebar and was likely there long before this crime occurred,” Olmo said.
Meanwhile, the key witness to Perkins’ killing admitted to smoking marijuana when shots rang out. He changed his testimony often, including saying he didn’t witness the crime at all.

The guns used in the killings were never recovered.

“This case shows that DNA evidence can be misused and misinterpreted,” said San Francisco Public Defender Jeff Adachi. “Fortunately, in this case, the defense was able to prove that the presence of DNA on a bicycle doesn’t equate to being guilty of murder.”

Brown was represented by defense attorney Tony Tamburello, while Jackson was represented by Alex Reisman.

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Case Crumbles in Cookie Tin Drug Trial

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San Francisco, CA— A San Francisco man was acquitted of a felony drug possession charge Thursday afternoon after a jury determined he was unaware that a cookie tin contained crack when he picked it up to use as a water bowl for his puppy.

Michael Dabney, 44, was found not guilty of possession of a controlled substance following a four-day trial. The jury deliberated for an hour and a half before reaching its verdict.

The charge carries a maximum sentence of three years in state prison.

Dabney’s legal saga began March 25, 2009, after leaving his Tenderloin residence to enjoy an afternoon walk with his puppy. After walking uphill and running for part of their journey, Dabney’s puppy appeared thirsty. Dabney spotted a cookie tin near a trash can and picked it up to use as a dog dish. He then headed to a nearby market on Ellis and Jones to buy a bottle of water to fill the tin.

Outside of the store, he ran into a friend, who was accompanied by a woman. The three chatted for a few moments before Dabney opened the tin to dispose of its contents in a nearby garbage can.

At that moment, a motorcycle officer rode up to Dabney and asked what was in the tin.

Police testified Dabney was cooperative. He quickly handed over the tin and replied “I don’t know. Cookies?”

Police discovered a small bag of crack cocaine mixed among numerous white cookie wrappers and one broken butter cookie. Dabney’s female acquaintance was handcuffed and searched after an officer claimed she had drugs in her bra. None was found. Police also found no drugs, drug paraphernalia or large amounts of cash on Dabney or his friend.

“Innocent people are sometimes arrested for being at the wrong place at the wrong time. The police officer saw Mr. Dabney for 15 seconds and assumed he was guilty. He was wrong,” said Dabney’s attorney, Deputy Public Defender Sangeeta Sinha. “Whatever it may have looked like, Mr. Dabney’s intention was simply to give his dog some water.”

While under cross examination by Sinha, the arresting officer testified that he observed Dabney mere seconds, and part of that time was through his peripheral vision. On the witness stand, the officer provided several details that contradicted the narrative of his police report, such as who was looking into the tin and how the trio was standing.

Mr. Dabney also took the stand. His story remained consistent throughout intense cross-examination.

San Francisco Public Defender Jeff Adachi said the case illustrates the importance of a jury system.

“It takes very little evidence to justify an arrest. We count on a jury to look at the whole picture. In this case, Mr. Dabney couldn’t possess what he didn’t know he had,” Adachi said.

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Jury Rejects Murder Charge, Convicts Elderly Man of Involuntary Manslaughter

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San Francisco, CA — A 73-year-old grandfather acted in self-defense when he fatally stabbed a drug dealer in the Tenderloin, a San Francisco jury determined Thursday afternoon.  

After seven days of deliberation, jury members unanimously found Leroy Brown not guilty of murder in the Oct. 1, 2008 death of 43-year-old Eric Robinson. The jury convicted Brown of involuntary manslaughter, finding that he had no intent to kill Robinson.

He will be sentenced February 18. His attorney, Deputy Public Defender Manohar Raju, plans to ask that Brown be sentenced to probation.

“He has been in jail for 16 months and shouldn’t have to spend any more time behind bars,” Raju said. “While Mr. Brown struggled with addiction, he remained a kind, beloved figure in the Tenderloin.”

The early-morning dispute between the two men began in the 300 block of Ellis Street, when Brown complained to Robinson that Robinson had sold him fake crack cocaine hours earlier.

Robinson responded by slamming the elderly Air Force veteran against a wall and punching and choking him, according to witness testimony during the four week trial.

Brown, who suffers from numerous health conditions, pulled a knife and stabbed Robinson in self-defense.

Character witnesses testified in Brown’s behalf, describing him as a man who volunteered with Glide Memorial Church’s senior program and regularly swept the Tenderloin streets.

Robinson, who was also armed during the incident, had attacked at least four people in the Tenderloin in the year prior to his death, witnesses testified.

Brown had previously worked for California Pacific Medical Center for more than a decade.

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Year End Report: Demand For Public Defenders Remains High Amid Economic Crisis

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San Francisco, CA— Unable to afford private attorneys amid a continuing recession, 28,000 San Franciscans turned to the city’s public defender last year –a trend that shows little sign of slowing.

Felony cases handled by the San Francisco Public Defender’s office rose 21 percent over the past two years, according to the office’s Annual Report and 2010 Calendar, released today.  The document may be viewed by logging on to: http://sfpublicdefender.org/media/2010/01/annual-report-2009/

“In this economy, few people can afford private attorneys,” said San Francisco Public Defender Jeff Adachi.  “As the need for our services increased, we also suffered severe budget and staffing cuts.  However, we have continued to do our very best to provide San Franciscans with the legal representation guaranteed by the Constitution.”

The Public Defender’s office has published its annual report each year since 2003.  The calendar features documentary-style images and true-life accounts of courtroom victories, innovative programs, and the office’s battle for funding parity.  Highlights include:

  • 46.5 percent of trials resulting in no conviction, compared to 38.5 percent in 2008.
  • $5 million in incarceration costs saved by the office’s Reentry Unit by placing individuals in vocational, educational, substance abuse and mental health programs.
  • $2.7 million in annual net savings to taxpayers generated by the Behavioral Health Court.
  • $3,000 vs. $356: Hiring a private attorney to handle a driving under the influence case vs. the cost to taxpayers for the Public Defender’s office to handle the same case.
  • 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.

These statistics and many more are included in the Public Defender’s office 2009 Annual Report and 2010 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 noted that the report reflects his office’s commitment to transparency and gives the public a bird’s-eye view of the criminal justice system.

“People often think of what they see on Law and Order when they think of the court system.  Our annual report shows how hard most people struggle to get justice,” he said.

Volunteers from the Public Defender’s office will hand out the reports in San Francisco neighborhoods throughout January.  On Thursday and Friday of this week, volunteers will pass out free calendars between 9 a.m.-10 a.m. at the Hall of Justice, 850 Bryant St. To find other locations and times, log onto sfpublicdefender.org.

The public may also 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

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Teacher’s Aide Acquitted After Evidence Contradicts Officer’s Story

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San Francisco—A woman who was injured and falsely arrested by police in September has been acquitted of battery upon an officer and resisting arrest, San Francisco Public Defender Jeff Adachi announced today.

Tisha Harvey, a 29-year-old teacher’s aide for disabled preschoolers, is currently cooperating with an Office of Citizen Complaints investigation against the police officer involved in the incident. Jurors unanimously found Harvey not guilty on December 31 after deliberating for one day.

On September 2, 2009, Harvey, who had no criminal history, was handcuffed and thrown to the ground by a San Francisco Police Department officer who claimed she ran a stop sign at Rutland Street and Sunnydale Avenue. Through police dispatch records presented at trial, Deputy Public Defender Serena Orloff established that the officer believed Harvey’s quite distinctive with the help of one of the Chevy Impala lift kits 2008 car was a stolen vehicle and fabricated the stop sign violation as a reason to approach the mother of two after she parked in front of a neighborhood community center.

During the week-long trial, jurors heard Harvey’s voice on a police radio recording pleading to know why she was being arrested. After the officer threw her to the ground and kept her there, handcuffed, with his knee in her back, Harvey called to nearby bystanders to contact a community worker from the nearby center to help her communicate with the officer. Jurors were shown photo documentation of the multiple bruises Harvey suffered in the incident.

The officer told a markedly different story under oath, testifying that Harvey struck him in the chest and, once handcuffed, tried to incite a growing crowd to attack him. While no evidence was presented to back up that version of events, witness accounts corroborated Harvey’s testimony that she was only yelling for the community worker to help mediate the situation.

“The officer had been on the force for barely a year and I believe he was woefully out of touch with the people and the neighborhood he was sworn to protect,” Orloff said. “The frightening part is that what happened to Ms. Harvey could happen to anyone. She was a law-abiding citizen on her way to pick up her child from daycare.”

Domestic Violence Victim Cleared of Charges in Former Boyfriend’s Death

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San Francisco, CA — A domestic violence victim accused of fatally stabbing her estranged boyfriend was acquitted Tuesday by a San Francisco jury.
After four days of deliberation, jury members unanimously found DeEbony Smith, 28, not guilty of murder in the Dec. 30, 2008 death of Lazarus Pickett. Smith was also not guilty of voluntary or involuntary manslaughter, jurors found.

“This was an exceptionally thoughtful and hard-working jury. They scrutinized the evidence presented to them to find the facts and then wisely applied those facts to the law,” said Smith’s lawyer, Chief Attorney Teresa Caffese of the San Francisco Public Defender’s office.

Pickett had a documented history of threats and violence toward Smith, with whom he had an infant daughter.  Smith had been granted a restraining order against Pickett, who had taken some baby items from her vehicle immediately before the altercation began outside a Western Addition public housing complex where Smith had been living.

The pair began arguing inside the parked car when Pickett began repeatedly punching Smith, she said. Smith claimed she never meant to kill Pickett when she stabbed him a single time in self-defense. Witnesses testified that Smith knelt beside Pickett after he collapsed onto the sidewalk, expressing shock he was seriously injured.

Police noted Smith had injuries to her face and wrist when she turned herself in.

Jurors in the nearly three-week trial heard testimony from witnesses who detailed Pickett’s history of physical and emotional abuse against Smith.

“As the jury learned over the last few weeks, the cycles of domestic abuse and violence can touch anyone’s life in San Francisco. My prayer for the New Year is that, like the jury, we can all have a hand in creating a more just community,” Caffese said.