By Jaxon Van Derbeken
The San Francisco Chronicle
SAN FRANCISCO — San Francisco’s interim police chief on Thursday rejected charges by the public defender that videotape of a Richmond District drug bust showed that undercover officers had lied about their search.
The controversy surrounds a hallway security video taken March 1 of three plainclothes officers from the Richmond District police station as they arrested McLaren Wenzell, 23, at his 33rd Avenue apartment.
Public Defender Jeff Adachi said Wednesday that the tape showed the officers had been “untruthful” in their police reports about the circumstances of the arrest. The officers, who had no search warrant, falsely said their police stars were displayed openly and that Wenzell had promptly invited them into his apartment, Adachi said.
Judge saw the video
Superior Court Judge Gerardo Sandoval dismissed the case against Wenzell on Wednesday after viewing the video and hearing defense arguments.
At a news conference Thursday, interim Police Chief Jeff Godown accused Adachi of making “the sky is falling” attacks on police.
“I’m not going to allow people to badmouth this department unless the allegations are true,” Godown said. “There isn’t anything I’ve seen based on the videotape or the police report that leads me to believe that we have any issues.”
Godown added, “We are under attack every day by the public defender’s office. And I’m going to push back and say that if the public defender has allegations of misconduct, they need to bring it to my attention immediately. We’ll address those allegations.”
Adachi stressed Thursday that the judge had found the police version of events, including a sergeant’s testimony, not credible.
‘Rushed to judgment’
He said the chief needs to look at the court transcript and re-examine the police report. “The fact that he has already rushed to judgment, and is saying they didn’t do anything wrong, is not the right approach,” Adachi said.
The department is still reeling from a scandal involving the Southern Station undercover unit, in which videotapes called into question the circumstances of police raids at a South of Market residential hotel.
The tapes led to the dismissal of 76 drug and other cases, the sidelining of the officers in that undercover unit and an FBI investigation.
Adachi said the latest tape showed that the Richmond Station undercover officers had lied about the search that led to the seizure of 4 pounds of marijuana in Wenzell’s apartment.
Wenzell said Wednesday that he had not consented to the search, and the public defender said the officers had simply walked in after Wenzell opened the door. In their reports, the officers said Wenzell had given permission after going inside his apartment for about 30 seconds.
Godown, however, said he had reviewed the video and found no sign of misconduct. Wenzell signed a form consenting to the search, he said.
Officers still on duty
The officers have not been reassigned or taken off active duty, Godown said. Their names have not been released.
“It will be business as usual at Richmond Station,” Godown said. “Nothing is changing at Richmond Station.”
Godown said an internal investigation is under way, but that “unless something else comes about during that investigation,” no changes are needed.
He added that he has “no understanding” of why Sandoval dismissed the charges against Wenzell and agreed with District Attorney George Gascón that the case should have survived the challenge.
Prosecutors “don’t agree with the judge’s decision. Neither do I,” Godown said.
Adachi said the case is about officers lying on reports and in court, and that the judge’s dismissal supports his arguments. “When there is no consequence for police perjury, the entire justice system fails,” Adachi said.
“I’m not going to allow people to badmouth this department unless the allegations are true.”
Copyright 2011 San Francisco Chronicle