San Diego

A defense witness for Sagon Penn was ordered Wednesday to appear June 1 for a contempt of court hearing after he showed up two hours late to testify.

Bryan Ross was a passenger in Penn’s truck on March 31, 1985, when police stopped Penn. He gave no explanation for why he was late.

San Diego Superior Court Judge J. Morgan Lester said Ross was ordered to appear at 9:30 a.m. Wednesday for cross-examination by the prosecutor. Lester said he wanted to make sure that the order of a judge is taken seriously.

The retrial is now in its eighth week. Ross resumed testifying in the afternoon and will continue his testimony today. Ross testified that he is Penn’s best friend and that Penn threw him his truck keys after the two police officers and a civilian ride-along were shot.

Ross said both officers used racial slurs while talking to Penn, who is black. He said officer Donovan Jacobs struck Penn in the face.

“Turn over on your back, nigger, before I kick your ass,” Ross quoted Jacobs as saying.

Ross said Penn begged the officers repeatedly to stop hitting him.

Betty Paradero, who lived on Brooklyn Avenue, where the shootings occurred, testified as the 11th defense witness.

She said the officers spoke harshly and she heard one use the word nigger . Deputy Dist. Atty. Wayne Mayer pointed out to her that during Penn’s first trial that said she hadn’t heard the word nigger used by the officers.

“Is your memory better now than it was a year ago?” Mayer asked her.

“On some things, yes,” Paradero answered.