Ruling OKs Sagon Penn’s Legal Costs

Ruling that Sagon Penn now holds no “valuable asset” in a proposed TV movie series, a San Diego Superior Court judge ruled Friday that the man twice-acquitted of killing a police officer does not have to reimburse the county more than $420,000 in court and legal costs.

The ruling by Judge Terry B. O’Rourke came on the last day in which the county could show why Penn--acquitted in the slaying of one San Diego police officer and the wounding of another officer and a civilian ride-along--should not pay back any or all of his massive county-provided legal expenses.

Penn testified Friday that he was never advised by a judge that he could be held liable for reimbursing the county the costs for his legal defense. Attorneys for both sides also agreed that Penn does not hold a job and has no immediate prospect for employment.

Turn Over Proceeds

But at the center of Friday’s lengthy hearing was whether Penn should be forced to turn over any proceeds he may receive from a proposed TV miniseries about the March, 1985, shootings.

Under the terms of a preliminary television movie contract offered to Penn, he would have received $10,000 if he signed over exclusive rights to the use of his name and character, as long as a second--but as-yet-unidentified--person connected to the case did likewise.

On the stand, Stockton Briggle, executive producer in charge of the film adaptation of “The Sagon Penn Incident,” said that Fries Entertainment and NBC television are “interested” in the movie project.

But he testified that no oral or written agreements have been reached between Fries Entertainment and Penn.

‘Chilling Effect’

John Lawrence, an attorney for Fries Entertainment, argued before the judge that allowing the county a carte blanche right to any future movie proceeds to Penn would have “a chilling effect” on First Amendment and privacy rights of other people in similar situations.

“Every person in San Diego County, convicted or acquitted, has those rights,” Lawrence said.

In his ruling, the judge said that “there’s been a total failure on the part of the county” to show that Penn has indeed benefited financially from the proposed TV show.