Penn Case Jury Rehearing Testimony of 9 Witnesses

In its 13th day of deliberations Sunday, the jury in the Sagon Penn murder trial asked court officials to read the testimony of nine witnesses.

The jury, which has been sequestered since Thursday, asked Judge Ben Hamrick whether the testimony of seven prosecution and two defense witnesses could be re-read to them. All nine witnesses observed the March 31, 1985, shootings.

Penn, 24, is charged with the murder of San Diego Police Officer Thomas Riggs and the attempted murders of Officer Donovan Jacobs and Sarah Pina-Ruiz, a civilian ride-along.

The readings ended about 5 p.m. Sunday and will resume today. It was not known how long it will take to finish.

Penn contends that he acted in self-defense after being beaten by police and subjected to racial slurs.

The case, which has been going on in Superior Court in San Diego for more than three months, has spawned charges of racism. Penn is black, the victims white.

Court officials began reading the testimony of Kaye Specks, a neighborhood resident and prosecution witness who testified March 13 that she telephoned police about the shootings. Last week, the jury asked to hear again the tape of her call to police.

During the reading of Specks’ testimony, three jurors leaned forward and took notes.

Specks’ testimony was read after Penn, defense attorneys and prosecution attorneys met with Hamrick privately for half an hour.

Other testimony sought by the jury is that of Jacobs, a prosecution witness who testified for three days. Milton Silverman, a defense attorney, said the jury is only seeking to review part of Jacobs’ testimony. It was unclear which part.

The two defense witnesses whose testimony the jury is seeking to review are Brian Ross and Carlton Smith. Ross said he saw one officer kick Penn twice during the scuffle and heard one officer use a racial epithet against Penn. Smith who also recalled hearing the officers use racial slurs.

In addition to Jacobs and Specks, the jury wants to have testimony re-read from these prosecution witnesses:

- Junius Holmes, the first witness, who said he saw Penn shoot Pina-Ruiz. He testified that before shooting her, Penn said Pina-Ruiz was a witness.

- Ricky Clipper and Cedric Gregory, passengers in the truck Penn was driving when he was stopped by police as a suspected gang member.

- DeWayne Holmes, who testified about police officers beating Penn. He also said he had heard a racial epithet but he didn’t know who said it.

- Allen Cepeda, a bystander, who testified about the struggle.