Colleague Says He, Not Jacobs, Photographed Black Gangs : Penn Trial Witnesses Deny Officer Was Racist

Two key witnesses in the case of accused police killer Sagon Penn on Monday disputed allegations that Officer Donovan Jacobs hated black gang members and belonged to a racist organization.

Officer James Stevens, who said he considered Jacobs his best friend, testified in San Diego County Superior Court that Jacobs did not take photographs of hundreds of black youths and that he and Jacobs did not wage a “personal war” against gang members in Southeast San Diego.

Deputy City Atty. John Kaheny said he could not recall a conversation with a San Diego police sergeant in 1980 or 1981 regarding Jacobs’ alleged affiliation with a white supremacy group.

Penn, 23, who is black, is charged with murder in the March 31 shooting death of Officer Thomas Riggs, and attempted murder in the shootings of Jacobs and civilian Sara Pina-Ruiz.

Last week Penn won access to all citizen complaints filed against Jacobs in a ruling by the 4th District Court of Appeal. The appellate court also granted Milton Silverman, Penn’s defense attorney, the right to question Stevens and Kaheny on defense allegations that Jacobs illegally photographed black youths and was a follower of a racist group.

Superior Court Judge Kenneth A. Johns had originally refused to allow Silverman access to the witnesses, any citizen complaints filed against Jacobs and cases in which Jacobs charged people with resisting arrest. Following the Court of Appeal ruling, Johns ordered Monday that the information be turned over to Silverman.

However, Johns refused to release any information contained in Pina-Ruiz’s personnel file on why the Police Department rejected her application to become an officer.

Johns also expressed his displeasure with Silverman’s wide-ranging attempts to solicit information from witnesses on Jacobs’ police background. At one point he told Silverman, “I can’t see anything but a cloud of smoke. I’m not anxious to let you continue.”

In his testimony, Stevens admitted that he took unauthorized photographs of about 100 black youths he believed were gang members in Southeast San Diego. Stevens said that he stopped the youths, most of whom were not arrested and consented to having their pictures taken. Stevens said he convinced those youths who resisted by offering to take two photographs and let them keep one.

Stevens said he wrote the name of each youth, his gang affiliation and date of birth on the back of the photos, which he stored in his home.

A police sergeant testified earlier that keeping such a file is a violation of police department policy.

Stevens said he gave Jacobs the 100 photographs to copy when Jacobs decided to start his own unauthorized file of gang members. However, Stevens said he had no knowledge that Jacobs illegally detained black youths and took their photographs on the streets.

Silverman also called to the stand Channel 10 television reporter Larry Roberts regarding an April interview in which Stevens allegedly showed Roberts some of the photographs. Attorneys for Channel 10 said that Roberts would refuse to testify, citing protection granted to reporters under the California Shield Law. The hearing is scheduled to continue this morning.