Penn Lawyer Hammers at Witness : Assigns Colors to Pina-Ruiz’s Inconsistencies in 2 Trials

The attorney for accused police killer Sagon Penn commenced his cross-examination of key witness Sarah Pina-Ruiz on Monday, attempting immediately to highlight inconsistencies in the various prior statements Pina-Ruiz has made about the March, 1985, shootings.

During almost five hours of arduous questioning, attorney Milton Silverman sought to demonstrate that Pina-Ruiz has changed aspects of her story between the time she was first interviewed by detectives while recovering from gunshot wounds in the hospital and her testimony in this trial.

Appearing calm despite Silverman’s endless stream of queries, Pina-Ruiz acknowledged that some of her recollections today conflict with earlier statements attributed to her. She could not account for the discrepancies but speculated that her initial statements may have been “misinterpreted” by interviewers or improperly recorded.

The 34-year-old woman is the third witness in Penn’s retrial in a confrontation in Encanto that left Police Agent Thomas Riggs dead and Pina-Ruiz and Police Agent Donovan Jacobs wounded. Prosecutors already have called Jacobs and Penn’s grandfather, Yusuf Abdullah, as witnesses.

Dramatically Different

Pina-Ruiz, who was a civilian observer accompanying Riggs at the time of the shootings, has provided an account that differs dramatically from those of other witnesses who testified in Penn’s first trial. Pina-Ruiz has twice testified that, from her position in Riggs’ patrol car, she saw Penn walk the gun up Jacobs’ chest to his neck and watched as his finger pulled the trigger. Some witnesses maintain that the gun went off when Riggs’ kicked Penn’s arm.

On Monday, Silverman meticulously dissected the various versions of events that Pina-Ruiz has provided to authorities and in court. Using a color-coded system, Silverman wrote statements the witness has made about the shootings on poster paper tacked to the wall, with green signifying statements Pina-Ruiz still agrees with, purple indicating a statement she does not recall making and red signifying that she never made the statement.

The result of this line of questioning was a colorful tapestry that Silverman is expected to use when he continues his questioning of Pina-Ruiz today.

One discrepancy revealed Monday concerns Pina-Ruiz’s recollection about Jacobs’ conduct when he first encountered Penn at the scene of the shooting. In a hospital interview several hours after the March, 31, 1985, shooting, Pina-Ruiz told detectives that Jacobs grabbed Penn from behind as the Southeast San Diego man walked away from the officer.

Pina-Ruiz testified Monday that Jacobs did not grab Penn--a statement that coincides with Jacobs’ version of events.

‘I Never Said That’

Pina-Ruiz also has a different recollection today about Riggs’ conduct after Jacobs was shot. Initially, she said she saw Riggs go for his gun before Penn shot him. On Monday, Pina-Ruiz said, “I never said that.”

Penn, 25, was acquitted of murder and some other major charges in June. He is being retried on charges on which the first jury deadlocked, heavily in favor of acquittal.