Rains Lucia Stern St. Phalle & Silver

California's premier full-service law firm with an emphasis on the representation of peace officers in disciplinary, criminal, labor, workers' compensation, personal injury and other civil matters.

  • About Us
  • Practice Areas
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    • Bulletins
    • RLS in the News
  • Resources
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer

Gascon Drops Another 42 Cases Over Cop Scandal

March 9, 2011 by David Shirley

From: The Recorder

Kate Moser, 3/9/11

Amid a widening investigation into drug searches and seizures by a team of undercover San Francisco police officers, District Attorney George Gascón dropped another 42 cases today.

That brings the total to 57 cases — mostly narcotics, some robbery abatement cases — the office has been forced to drop since last week.

Gascón said his trial integrity unit is reviewing all open cases. He declined to estimate how many arrests the officers under investigation have been responsible for in the past few years.

And he bristled at Public Defender Jeff Adachi’s estimate that 2,000 to 3,000 cases need to be reviewed.

“We are not going to allow emotional and political statements to drive this investigation,” he said, adding later that he hoped to conduct the investigation “professionally” and not turn it into a “media circus.”

In a letter, Adachi requested that Gascón hand over a list of all arrests and incidents — going back seven years — involving the eight officers, as well as a host of other evidence, including police reports in which the cops are listed. He also asked Gascón to provide the date when the DA’s office became aware of the alleged misconduct.

The DA’s office started dropping cases last week, after Adachi publicized video surveillance from a Tenderloin hotel that appeared to show the police illegally searching and seizing drugs at residences there. A judge dismissed one case after seeing the video; prosecutors dropped the other.

In front of Judge Anne Bouliane this afternoon, Sharon Woo, Gascón’s chief assistant for operations, moved to drop the 42 cases, citing the office’s inability to meet its burden of proof.

Outside the courtroom, Adachi commended the DA’s office for dropping the cases, and said he expected there will be more cases dismissed. He also said his office’s investigation has expanded to include cases where there were allegations of illegal entry by the police, and cases where the cops used master keys to enter rooms at single-room occupancy hotels — as they did in the videotaped drug arrests.

At a news conference earlier in the day, Gascón, who was police chief when the incidents took place, fended off questions about his own accountability for the police officers’ actions.

“[It was I] who took the initiative to create a criminal section within internal affairs to investigate allegations of criminality by police officers,” he said.

Gascón also said today that the office would provide senior staff to give police officers training on legal searches and seizures under the Fourth Amendment. And he said he would begin making someone from the DA’s office available around the clock to advise cops on search warrants.

Asked about the progress of the criminal investigation, Gascón said the office is “nowhere close to the point where we’re going to be interviewing those officers.”

Meanwhile the San Francisco Police Officers’ Association has retained Michael Rains, of Pleasant Hill’s Rains Lucia Stern. Rains said he’s begun reviewing videotape and police reports and is currently making decisions on representation for the officers.

The fact that the DA’s office has dropped 57 cases doesn’t mean the officers committed any misconduct, Rains said, and he countered the public defender’s assertion that the videotape evidence provides a window into a larger culture of misconduct: “I think that’s a misstatement really blowing this case way, way out of proportion.”

Filed Under: RLS In The News Tagged With: michael-l-rains

Consultation Form

Offices across California to serve you.
Contact us now to schedule a consultation.
Contact form not loading? Click here!
Rains Lucia Stern St. Phalle & Silver, PC publishes this website as a service to our clients and other friends for informational purposes only. It is not intended to be used as a substitute for specific legal advice or opinions, and the transmission of information through this website is not intended to create an attorney-client relationship between sender and receiver. Internet subscribers and online readers should not act upon this information without seeking professional counsel.

© 2023 Rains Lucia Stern St. Phalle & Silver, PC. All Rights Reserved. | Disclaimer

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
Do not sell my personal information.
Cookie settingsACCEPTREJECT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT
  • Contact Us

  • News Alerts

Official logo for Rains Lucia Stern St. Phalle & Silver
Rains Lucia Stern St. Phalle & Silver Logo
  • About Us
  • Practice Areas
    ▼
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      ▼
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    ▼
    • Bulletins
    • RLS in the News
  • Resources
    ▼
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer
Hotline phone numbers. Northern California: 925-609-1699. Southern California: 310-393-1486.