Oct 1: Mistrial In Riders Case; Jury Reached Just Eight Verdicts
POSTED: 11:52 AM PST November 4, 2003
OAKLAND -- A yearlong Oakland police corruption trial ended Tuesday with a jury acquitting three former officers of several charges and a judge declaring a mistrial on the rest.
The former officers, who called themselves the "Riders" and worked the night shift in one of Oakland's roughest neighborhoods, were charged with beating suspects, wrongfully accusing them of crimes, planting drugs and covering it all up by falsifying police reports.
Jurors found the men innocent on eight counts, including kidnapping and assault, but said they were hopelessly deadlocked on 27 other charges. That was the same spot they were in nearly two weeks ago, when the judge insisted they continue deliberating.
"All avenues have been exhausted," the jurors said in a note read by Alameda County Superior Court Judge Leo Dorado, who soon after declared a mistrial on the remaining charges.
A disappointed District Attorney Tom Orloff said he had not decided whether to retry the former beat cops on the unresolved counts. Federal prosecutors said they were reviewing whether they might help revive the case.
Oakland Police Chief Richard Word reported no increase in problems on the streets following the verdict, but said police were ready should the city react. The officers' alleged victims were black; the jury did not include any blacks.
"I know that the whole police department is not guilty, but the system itself is flawed," said Gwen Hardy, a co-founder of People United for a Better Oakland, a nonprofit group that tracks police misconduct.
Attorneys for the three -- Clarence "Chuck" Mabanag, Jude Siapno and Matthew Hornung -- had denied all wrongdoing and pleaded for an end to what they called the longest criminal trial deliberations in California history.
Testimony in the trial began more than a year ago, and the seven-man, five-woman jury began deliberating May 29 when the judge gave them 122 pages of instructions on the 35 counts.
Authorities believe their alleged ringleader, Officer Frank Vazquez, fled to Mexico to escape prosecution.
The four were first fingered by a rookie officer, Keith Batt, who said he was shocked by their alleged conduct. The defendants claimed that Batt, now a police officer in the nearby suburb of Pleasanton, accused them so he could quit with honor.
Defense lawyers had argued their clients were under immense pressure to reduce crime and were simply doing the bidding of a new regime that demanded they wrestle city streets back from criminals.
"I think they wanted scapegoats," said Bill Rapoport, who represented Siapno.
The case outraged a city where police have been unable to curb a rising murder rate. Despite Tuesday's verdicts, the case has created extensive fallout.
In February, the city agreed to pay nearly $11 million and implement police reforms to settle civil rights lawsuits brought by more than 100 people. Last year, prosecutors dismissed about 90 mostly drug-related criminal cases with connections to the accused officers.
John Burris, an attorney who represented dozens of alleged victims in the civil lawsuits, said he was disappointed but had prepared his clients for this verdict.
"In this case, the officers were able to argue Oakland is a tough town, and that many of the victims had prior convictions," Burris said. "The argument was to attack the victim and to demonstrate they had backgrounds and these officers did not personally gain from the misconduct and that they were following orders."
He said he was hopeful the department would be reformed and that a court-appointed monitor from the civil case would catch any lapses among street officers.
Some in Oakland took a dimmer view.
"I'm disappointed that they were acquitted, very disappointed," said resident Carrie McGathon. "The message is, 'If you wear the badge, you can get away with something."'
Beleaguered jurors didn't respond to reporters' questions as they left the courthouse.
On Tuesday, they found Siapno innocent of kidnapping and beating; Mabanag innocent of presenting three false claims; and all three officers innocent of conspiring to falsely arrest a suspect.
Police Chief Word said jurors were "clearly troubled by the evidence" and stood by his decision to fire the officers.
He also described mixed emotions in his department -- including his own of surprise and some relief.
"Officers here are divided," Word told reporters.
Kevin V. Ryan, the U.S. attorney for Northern District of California, said federal prosecutors would analyze whether they could bring a civil rights prosecution.
The jury emerged from deliberations Sept. 18 to tell Dorado they could only agree on eight counts and no amount of additional time would produce more verdicts. But the judge exhorted them to try again and returned them to the jury room.
On Tuesday, Dorado conceded the trial was over and thanked jurors.
"The court finds no reasonable probability that the jury can agree" on the remaining counts, given the complexity of the case and the jurors' failure to reach more verdicts during protracted deliberations, Dorado said.
The first of 84 witnesses began testifying on Sept. 18, 2002 and the last one finished nearly seven months later.
POSTED: 11:52 AM PST November 4, 2003
OAKLAND -- A yearlong Oakland police corruption trial ended Tuesday with a jury acquitting three former officers of several charges and a judge declaring a mistrial on the rest.
The former officers, who called themselves the "Riders" and worked the night shift in one of Oakland's roughest neighborhoods, were charged with beating suspects, wrongfully accusing them of crimes, planting drugs and covering it all up by falsifying police reports.
Jurors found the men innocent on eight counts, including kidnapping and assault, but said they were hopelessly deadlocked on 27 other charges. That was the same spot they were in nearly two weeks ago, when the judge insisted they continue deliberating.
"All avenues have been exhausted," the jurors said in a note read by Alameda County Superior Court Judge Leo Dorado, who soon after declared a mistrial on the remaining charges.
A disappointed District Attorney Tom Orloff said he had not decided whether to retry the former beat cops on the unresolved counts. Federal prosecutors said they were reviewing whether they might help revive the case.
Oakland Police Chief Richard Word reported no increase in problems on the streets following the verdict, but said police were ready should the city react. The officers' alleged victims were black; the jury did not include any blacks.
"I know that the whole police department is not guilty, but the system itself is flawed," said Gwen Hardy, a co-founder of People United for a Better Oakland, a nonprofit group that tracks police misconduct.
Attorneys for the three -- Clarence "Chuck" Mabanag, Jude Siapno and Matthew Hornung -- had denied all wrongdoing and pleaded for an end to what they called the longest criminal trial deliberations in California history.
Testimony in the trial began more than a year ago, and the seven-man, five-woman jury began deliberating May 29 when the judge gave them 122 pages of instructions on the 35 counts.
Authorities believe their alleged ringleader, Officer Frank Vazquez, fled to Mexico to escape prosecution.
The four were first fingered by a rookie officer, Keith Batt, who said he was shocked by their alleged conduct. The defendants claimed that Batt, now a police officer in the nearby suburb of Pleasanton, accused them so he could quit with honor.
Defense lawyers had argued their clients were under immense pressure to reduce crime and were simply doing the bidding of a new regime that demanded they wrestle city streets back from criminals.
"I think they wanted scapegoats," said Bill Rapoport, who represented Siapno.
The case outraged a city where police have been unable to curb a rising murder rate. Despite Tuesday's verdicts, the case has created extensive fallout.
In February, the city agreed to pay nearly $11 million and implement police reforms to settle civil rights lawsuits brought by more than 100 people. Last year, prosecutors dismissed about 90 mostly drug-related criminal cases with connections to the accused officers.
John Burris, an attorney who represented dozens of alleged victims in the civil lawsuits, said he was disappointed but had prepared his clients for this verdict.
"In this case, the officers were able to argue Oakland is a tough town, and that many of the victims had prior convictions," Burris said. "The argument was to attack the victim and to demonstrate they had backgrounds and these officers did not personally gain from the misconduct and that they were following orders."
He said he was hopeful the department would be reformed and that a court-appointed monitor from the civil case would catch any lapses among street officers.
Some in Oakland took a dimmer view.
"I'm disappointed that they were acquitted, very disappointed," said resident Carrie McGathon. "The message is, 'If you wear the badge, you can get away with something."'
Beleaguered jurors didn't respond to reporters' questions as they left the courthouse.
On Tuesday, they found Siapno innocent of kidnapping and beating; Mabanag innocent of presenting three false claims; and all three officers innocent of conspiring to falsely arrest a suspect.
Police Chief Word said jurors were "clearly troubled by the evidence" and stood by his decision to fire the officers.
He also described mixed emotions in his department -- including his own of surprise and some relief.
"Officers here are divided," Word told reporters.
Kevin V. Ryan, the U.S. attorney for Northern District of California, said federal prosecutors would analyze whether they could bring a civil rights prosecution.
The jury emerged from deliberations Sept. 18 to tell Dorado they could only agree on eight counts and no amount of additional time would produce more verdicts. But the judge exhorted them to try again and returned them to the jury room.
On Tuesday, Dorado conceded the trial was over and thanked jurors.
"The court finds no reasonable probability that the jury can agree" on the remaining counts, given the complexity of the case and the jurors' failure to reach more verdicts during protracted deliberations, Dorado said.
The first of 84 witnesses began testifying on Sept. 18, 2002 and the last one finished nearly seven months later.