San Diego

The defense attorney for suspected police killer Sagon Penn on Tuesday unsuccessfully argued for a mistrial, complaining that a prosecutor in the case was making objections in an improper fashion.

Milton Silverman argued that, when Deputy Dist. Atty. Michael Carpenter objected to a line of questioning by Silverman, he consistently used the opportunity to argue to the jury instead of simply stating his objection. Silverman referred to these infractions as “speaking objections.”

In response to Silverman’s argument, Carpenter remarked, “I’m humored at Mr. Silverman’s complaint of speaking objections, since he is a master at speaking objections himself.”

San Diego Superior Court Judge J. Morgan Lester denied Silverman’s motion, noting that “both counsels seem to be paying almost more attention to each other’s actions than to the case at hand.”

The maneuvers came in the retrial of Penn, 25, who faces five charges in connection with a March, 1985, confrontation in Encanto that left Police Agent Thomas Riggs dead and Agent Donovan Jacobs and civilian observer Sarah Pina-Ruiz wounded. A jury last June acquitted Penn of murder but deadlocked on additional charges.

Several police officers testified Tuesday about evidence recovered at the scene of the March 31, 1985, shootings.