Police Union Complains at Officers’ Trial : Court: Colleagues reportedly fear disciplinary action for testifying on the department’s transient roundup policy.

The kidnaping and robbery trial of two San Diego police officers took a surprise turn Tuesday when the police union complained to the judge that several officers feel they are being threatened with discipline for testifying for the defendants about a controversial practice of rounding up transients in the downtown area.

The complaint from the Police Officers Assn. came in the form of a short note handed by the defense attorneys to Superior Court Judge Judith Haller as the trial was resuming after lunch.

According to the message, several officers have complained to the POA that they feel “threatened and intimidated” because the lieutenant in the police Internal Affairs unit has sat through the weeklong trial, taking extensive notes on their testimony.

The judge immediately asked that the lieutenant, Glenn Breitenstein, be ordered to take the stand to explain his presence in the courtroom.

But Breitenstein abruptly disappeared from the courthouse just as the POA was registering its complaint, and could not be found the rest of the afternoon. A subpoena was issued for him and he is expected to testify today.

Steve McMillan, POA vice president and chairman of the group’s legal defense fund, said outside the courtroom that he was “outraged” with Breitenstein’s conduct--first for “spying” on the officers and then for leaving “when he got caught.”

“It’s just the way he acts,” McMillan said, his face growing red with anger as he described how the lieutenant even ordered him to leave the courthouse when he showed up with the complaint note. “He doesn’t treat people with dignity and respect.”

Everett Bobbitt, one of the defense attorneys, said: “It’s embarrassing that this is going on. It upsets me a lot. Officers may not be as candid as they’d like to be with the lieutenant in charge of Internal Affairs sitting there taking notes.”

Bobbitt and McMillan said Breitenstein’s only purpose at the trial was to discipline any officers who testify on behalf of the defendants, Officers Lloyd J. Hoff Jr. and Richard P. Schaaf. They said the Police Department also apparently wants to discipline any officers who might embarrass the department by testifying about the roundup policy.

“I would not put it past the department,” McMillan said. “We’re having officers come in here and say what’s the common practice downtown. They’re telling the truth about a policy that is not sanctioned by the department.

“But that’s the only way we have to clean up the downtown. Just because we do it doesn’t make it right. But what else would the city have us do?”

Hoff and Schaaf, who are on voluntary leave as officers, are on trial on felony charges of kidnaping and robbing a group of illegal aliens last August. If convicted, they face life in prison.

However they insist that no kidnaping or robbery occurred. Instead, they say, they simply followed department policies when they transported the three illegal aliens out of downtown and dropped them off at secluded spots near the San Diego Bay and along a row of railroad tracks.

Craig Rooten, the deputy district attorney who is prosecuting Hoff and Schaaf, declined to comment about Breitenstein’s presence in court. But asked if the brouhaha appeared to be merely courtroom theatrics on the part of the defense team, Rooten said: “Your perceptions are accurate.”

One former police officer testified Monday that supervisors told patrolmen at lineups to transport street people out of downtown because of complaints from area merchants.

But several other officers--who are still on the force--were vague in their testimony about the policy and appeared rather uncomfortable when asked to discuss the roundup practice, all in front of Breitenstein.

At police headquarters Tuesday, officials were reluctant to discuss the roundup policy, but planned to issue a public statement on the matter today.

“Anything that has to do with the trial, we’re reserving comment,” Lt. Greg Clark said. “We don’t want to say anything to jeopardize the trial in progress.”

However, Clark scoffed at any suggestion that the department was using Breitenstein to spy on officers who took the stand as defense witnesses.

“I don’t know why he’s been there,” Clark said. “But how can you be a spy in open court? Come on. You answer me that.”

Attempts to contact Breitenstein on Tuesday afternoon were unsuccessful.