American Military Poverty Law Project: Free U.S. Sailor Steven R. Nary

Records withheld, police lawyers say
2 say central files missing misconduct information

Chuck Finnie,
Chronicle Staff Writer
Thursday, March 13, 2003

Two police lawyers and the public defender on Wednesday accused the San Francisco Police Department of withholding officer misconduct records and other personnel information that courts had ordered disclosed in criminal cases.

Police Sgt. Reno Rapagnani, a lawyer who worked in the department's legal office, told The Chronicle that he discovered information was being withheld from files sent to judges after learning of the record of Alex Fagan Jr., son of the department's acting chief and one of three young officers indicted in the Nov. 20 street fight that led to the current department scandal.

Disciplinary and personnel records related to Fagan Jr. and other rookie cops were not all being sent to the department's central office files and thus not being provided to the judges, Rapagnani said.

The Chronicle has reported that Fagan Jr. amassed a record of at least 16 incidents in which he used force during confrontations with suspects during a 13-month probationary period.

In one instance, The Chronicle reported, a supervising sergeant, Vickie Stansberry, filed a memo saying Fagan Jr. "has displayed a pattern with lack of anger management, not being respectful of supervisors, not following direct orders from supervisors . . . and treating the public unprofessionally."

Such records didn't make it into the central files, Rapagnani said.

San Francisco Public Defender Jeff Adachi called for a Police Commission investigation into the matter Wednesday after Rapagnani and Sgt. Leanna Dawydiak told a legal newspaper -- the San Francisco Daily Journal -- that they quit working in the San Francisco Police Department legal office after discovering that such key information was being withheld.

If the accounts of Rapagnani and Dawydiak are true, Adachi told the Police Commission in a letter, "they provide clear evidence that the San Francisco Police Department has engaged in a systematic effort to suppress evidence of police misconduct."

Rapagnani told The Chronicle it looked more like sloppy file keeping to him instead of deliberate withholding of information.

Criminal defense lawyers routinely ask the courts to order disclosure of discipline and other personnel information on police officers who are expected to testify against their clients.

Before the material is turned over, judges in the criminal cases review it to determine whether the information is relevant to assessing the reliability of the testimony officers later give on the witness stand.

But Rapagnani and Dawydiak, who are husband and wife, told the Daily Journal that the central personnel files they relied on as departmental lawyers, to comply with court disclosure orders, don't contain misconduct information on cops undergoing field training or on probation.

Rapagnani brought the problem to the attention of police brass in a Dec. 19 memo, he told The Chronicle, and subsequently left the legal department for another assignment, citing hostility and reluctance to change on the part of his superiors.

He said his superiors told him he could include the rookie files in the future, but could not go back and see how the withheld information had affected past criminal cases.

The Daily Journal reported that Dawydiak similarly resigned from the legal division, fearing she'd put her license to practice law at risk by providing incomplete officer personnel information to the courts.

What Rapagnani and Dawydiak have revealed, Adachi said, "calls into question the integrity of thousands of investigations and the cases that our office has handled."

Rapagnani said he doesn't know how many cases might have been affected.

Lt. Charles Keohane, who oversees the Police Department legal division, and Officer John Hart, an attorney who now handles court orders for disclosure of police personnel records, could not be reached for comment Wednesday.

In an interview Wednesday, Adachi said the revelation could result in dismissal of cases in which information was withheld.

"It is not just a matter of whether defense was provided with information. This information was ordered disclosed by the courts, and therefore it challenges the integrity of the courts and court orders."

A criminal grand jury this month indicted 10 officers, including Police Chief Earl Sanders and Assistant Chief Alex Fagan Sr., on charges arising from the Nov. 20 street fight involving the assistant chief's son.

On Tuesday, District Attorney Terence Hallinan dropped the charges against the chief and assistant chief. With Sanders out on disability leave, Fagan Sr. is acting police chief.

Indictments still stand against five other ranking officers -- Deputy Chiefs Greg Suhr and David Robinson, Capt. Greg Corrales, Lt. Ed Cota and Sgt. John Syme. They are accused of conspiracy to obstruct justice and are set to go to trial next month. All have pleaded not guilty.

Additionally, Fagan Jr. and Officers David Lee and Matthew Tonsing were indicted for assault, battery and related charges for their involvement in the incident that triggered the probe into an alleged coverup. They, too, have pleaded not guilty.

E-mail Chuck Finnie at
cfinnie@sfchronicle.com.


American Military Poverty Law Project Free the Sailor Case Chronology Who's Who Legal Issues Californians Against Voter Fraud Public Corruption Watch Judicial Accountability Watch Service (JAWS)		San Francisco's Public Defender, Jeff Adachi, Admits that Police Misconduct Information was withheld in Criminal Cases
		(Note: U.S. Sailor, Steven R. Nary, is one of these.)
		Records withheld, police lawyers say 2 say central files missing misconduct information Chuck Finnie, Chronicle Staff Writer Thursday, March 13, 2003 Two police lawyers and the public defender on Wednesday accused the San Francisco Police Department of withholding officer misconduct records and other personnel information that courts had ordered disclosed in criminal cases. Police Sgt. Reno Rapagnani, a lawyer who worked in the department's legal office, told The Chronicle that he discovered information was being withheld from files sent to judges after learning of the record of Alex Fagan Jr., son of the department's acting chief and one of three young officers indicted in the Nov. 20 street fight that led to the current department scandal. Disciplinary and personnel records related to Fagan Jr. and other rookie cops were not all being sent to the department's central office files and thus not being provided to the judges, Rapagnani said. The Chronicle has reported that Fagan Jr. amassed a record of at least 16 incidents in which he used force during confrontations with suspects during a 13-month probationary period. In one instance, The Chronicle reported, a supervising sergeant, Vickie Stansberry, filed a memo saying Fagan Jr. "has displayed a pattern with lack of anger management, not being respectful of supervisors, not following direct orders from supervisors . . . and treating the public unprofessionally." Such records didn't make it into the central files, Rapagnani said. San Francisco Public Defender Jeff Adachi called for a Police Commission investigation into the matter Wednesday after Rapagnani and Sgt. Leanna Dawydiak told a legal newspaper -- the San Francisco Daily Journal -- that they quit working in the San Francisco Police Department legal office after discovering that such key information was being withheld. If the accounts of Rapagnani and Dawydiak are true, Adachi told the Police Commission in a letter, "they provide clear evidence that the San Francisco Police Department has engaged in a systematic effort to suppress evidence of police misconduct." Rapagnani told The Chronicle it looked more like sloppy file keeping to him instead of deliberate withholding of information. Criminal defense lawyers routinely ask the courts to order disclosure of discipline and other personnel information on police officers who are expected to testify against their clients. Before the material is turned over, judges in the criminal cases review it to determine whether the information is relevant to assessing the reliability of the testimony officers later give on the witness stand. But Rapagnani and Dawydiak, who are husband and wife, told the Daily Journal that the central personnel files they relied on as departmental lawyers, to comply with court disclosure orders, don't contain misconduct information on cops undergoing field training or on probation. Rapagnani brought the problem to the attention of police brass in a Dec. 19 memo, he told The Chronicle, and subsequently left the legal department for another assignment, citing hostility and reluctance to change on the part of his superiors. He said his superiors told him he could include the rookie files in the future, but could not go back and see how the withheld information had affected past criminal cases. The Daily Journal reported that Dawydiak similarly resigned from the legal division, fearing she'd put her license to practice law at risk by providing incomplete officer personnel information to the courts. What Rapagnani and Dawydiak have revealed, Adachi said, "calls into question the integrity of thousands of investigations and the cases that our office has handled." Rapagnani said he doesn't know how many cases might have been affected. Lt. Charles Keohane, who oversees the Police Department legal division, and Officer John Hart, an attorney who now handles court orders for disclosure of police personnel records, could not be reached for comment Wednesday. In an interview Wednesday, Adachi said the revelation could result in dismissal of cases in which information was withheld. "It is not just a matter of whether defense was provided with information. This information was ordered disclosed by the courts, and therefore it challenges the integrity of the courts and court orders." A criminal grand jury this month indicted 10 officers, including Police Chief Earl Sanders and Assistant Chief Alex Fagan Sr., on charges arising from the Nov. 20 street fight involving the assistant chief's son. On Tuesday, District Attorney Terence Hallinan dropped the charges against the chief and assistant chief. With Sanders out on disability leave, Fagan Sr. is acting police chief. Indictments still stand against five other ranking officers -- Deputy Chiefs Greg Suhr and David Robinson, Capt. Greg Corrales, Lt. Ed Cota and Sgt. John Syme. They are accused of conspiracy to obstruct justice and are set to go to trial next month. All have pleaded not guilty. Additionally, Fagan Jr. and Officers David Lee and Matthew Tonsing were indicted for assault, battery and related charges for their involvement in the incident that triggered the probe into an alleged coverup. They, too, have pleaded not guilty. E-mail Chuck Finnie at cfinnie@sfchronicle.com.






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