Policemen in Penn Case Won’t Face Prosecution

No assault or perjury charges will be filed against San Diego police officers in the Sagon Penn shooting and trials, because Penn would make a weak and incoherent witness who would not be believed by a jury, the state attorney general announced Monday.

John K. Van de Kamp said his office’s eight-month investigation did find evidence that Officer Donovan Jacobs used excessive force against Penn during the March 31, 1985, confrontation that resulted in the slaying of Officer Thomas Riggs and the wounding of Jacobs and a civilian ride-along.

However, Van de Kamp’s 19-page report into the racially charged Penn case also stated that “there was either no evidence or insufficient evidence to justify criminal proceedings” against Jacobs and other officers who testified during the second trial.

Probe Requested

The attorney general’s investigation began at the request of Dist. Atty. Edwin Miller and Police Chief Bill Kolender, who were upset after the judge in the second Penn trial publicly raised allegations that certain police officers, including Jacobs, lied on the stand.

Superior Court Judge J. Morgan Lester said Monday that he stood by his perjury allegations. But he also agreed that the case was unprosecutable because Penn would not make a credible witness.

The attorney general said he based his decision not to prosecute largely on a five-hour interview conducted by his investigators with Penn, a young black man.

Penn claimed that he was defending himself against a racially motivated attack when he grabbed Jacobs’ gun during the struggle and opened fire.

Given Full Immunity

Van de Kamp said Penn, who was granted full immunity from prosecution, was adamant in his wish that Jacobs not stand trial for assault or perjury.

The attorney general said “the bottom line” was that a conviction against Jacobs would rest primarily on Penn’s testimony.

Van de Kamp said Penn rambled throughout the interview, was incoherent and unresponsive to questions, was often difficult to understand, brought up irrelevant topics and sometimes interrupted the discussion to pray.

“After this interview,” Van de Kamp said, “it was the unanimous view of the investigating team that Penn would not be a credible witness.”

Minor Inconsistencies

Van de Kamp further stated that while inconsistencies were found in the testimony of Jacobs and other police officers, they were too inconsequential to warrant prosecution for perjury.

Kolender said Van de Kamp’s decision was “gratifying but not surprising.’

“There will be those that criticize the report,” he said. “They will continue to criticize any investigation that does not reach the same conclusions that they have. For them, no information will alter their beliefs, and that is unfortunate.”

Kolender once again denied that any of his officers used excessive force against Penn. And he said he has no plans to discipline any officers.

Jacobs was on vacation and could not be reached for comment. He was shot in the neck and suffered permanent nerve damage in one of his arms. Jacobs has been told he must take disability retirement, probably by mid-summer.