Closing the Book

It seems appropriate that the most insightful comments about the second Sagon Penn trial came from the people whose views ultimately mattered the most, the jurors.

After listening to 130 witnesses, those 12 people--people “called out of the community,” as one juror aptly put it--were somehow able to cut through the rhetoric and tactics of the lawyers and close their minds to what might be seen as the larger, communitywide issues the case presented. They homed in on the facts before them and tried to sort out justice in the tragic events of March 31, 1985, that shattered not only bodies but also many lives.

When it was all said and done, here is what they said: Racism was not the key element of the incident, though some jurors do believe the police officers provoked the violence. It is impossible to reach a consensus on what would have been a reasonable response by Penn under the circumstances. Penn never intended to kill anyone, but his shooting of unarmed civilian Sarah Pina-Ruiz is the most difficult of his acts to justify. And most poignantly, as one juror said, “It’s even hard to tell who the victims were.”

The jury appears to have been extremely conscientious, deliberating for 23 days before finding Penn not guilty of the most serious charges that remained after his first trial. Even the pattern of votes on the counts the jury could not resolve--11-1 and 10-2 for acquittal on charges involving police officers Thomas Riggs and Donovan Jacobs, 7-5 for conviction of assault with a deadly weapon on Pina-Ruiz--lend evidence of the jury’s integrity. Superior Court Judge J. Morgan Lester also is to be complimented for handling the second Penn trial with the decorum and evenhandedness that are important in preserving not only justice, but its appearance.

Dist. Atty. Edwin Miller has decided not to try Penn again on the remaining unresolved charges. At this point, both fairness and practicality make that the right decision.

The Penn case engendered much bitterness in many parts of this community. But in the end, it may have led, painfully, to a maturation of human relations in San Diego. After the verdicts were announced, Police Chief Bill Kolender and other community leaders set a moderate tone through their comments, for which they are to be commended.

We recognize that the sense of justice in many people will continue to be offended by the outcome. We must agree, however, with prosecutor Michael Carpenter, who noted that 24 jurors have now wrestled with the case and essentially sided with Penn.

Our collective consciousness will long carry the memory of Sagon Penn, Thomas Riggs and the others, as it should. But now is the time to consign the episode to history and to build on its lessons.