Penn Denied Access to Police Photographs

A Superior Court judge refused Tuesday to allow the attorney for accused police killer Sagon Penn access to more than 100 photographs of San Diego black youths that were part of an unauthorized police file on alleged gang members.

Defense attorney Milton Silverman said he wanted the photographs so he could interview the youths and learn the names of police officers who took the pictures. Silverman has alleged that Officer Donovan Jacobs, who Penn is charged with shooting last March, took unauthorized photographs of gang members in Southeast San Diego.

But Judge Kenneth A. Johns denied the defense request on grounds that he did not have the authority to order the San Diego Police Department to turn over the photos. In addition, Johns indicated that the photos were not relevant to Penn’s defense.

Silverman said he was disappointed with Johns’ decision and indicated he may take his request to the 4th District Court of Appeal.

Meanwhile, the trial was assigned to Judge Michael Greer. A hearing was scheduled for Friday to determine the start of the trial, which is expected to last four months.

Penn, 23, who is black, is charged in the slaying of Officer Thomas Riggs and the wounding of Jacobs and civilian Sara Pina-Ruiz. Defense witnesses allege that Jacobs beat Penn with his baton and taunted him with racist remarks prior to the shootings.

The Court of Appeal ruled last week that Penn was entitled to police records, citizen complaints and other potentially damaging information involving allegations of misconduct by Jacobs. Much of the information was released Monday to Silverman, who was back in court Tuesday with requests to interview Channel 10 television newsman Larry Roberts and obtain the photographs.

Johns ruled that Roberts could not be called to testify regarding an April interview with Jacobs’ brother and his best friend, Officer James Stevens. Johns cited the privilege granted to journalists under the California Shield Law and ruled that the testimony sought from Roberts on police photographs was not likely to produce information that would exonerate Penn.

In arguing against the release of the photographs, Deputy Dist. Atty. Michael Carpenter said that Silverman has “asked for the world” in trying to gather information to defend Penn.

“In five days of discussion, not once have we talked about what in fact Penn did to Jacobs,” Carpenter said. “We’ve talked a lot about Donovan Jacobs and the character assassination the defense has engaged in.”