Pubdate: Fri, 08 Dec 2000
Source: Alameda Times-Star (CA)
Copyright: 2000 MediaNews Group, Inc. and ANG Newspapers
Contact:  66 Jack London Sq. Oakland, CA 94607
Website: http://www.newschoice.com/newspapers/alameda/times/
Author: Mike Martinez, Staff Writer

4 OFFICERS, CITY SLAPPED WITH LAWSUIT

Alleged Victims' Lawyer Claims Numerous Civil Rights Abuses

OAKLAND -- Paul Jones said he was arrested twice after police planted drugs 
on him. Kenneth Soriano said he signed a fake police report to avoid bigger 
trouble.

Bobby Pree said that now, whenever he sees a police officer, he thinks 
"they're coming for me."

Representing the three men and about a dozen more, Oakland attorney John 
Burris on Thursday filed a class-action lawsuit in U.S. District Court in 
Oakland, seeking unspecified damages from four Oakland police officers, 
their bosses and the city.

Last month, the four officers were charged with more than 60 felony and 
misdemeanor counts of alleged misconduct between June 13 and July 3. The 
allegations were brought to light by a rookie police officer who has since 
left the force.

The suit filed Thursday alleges the same officers committed numerous 
federal civil rights violations. It was assigned to U.S. Magistrate Judge 
Bernard Zimmerman in San Francisco.

The suit names officers Frank Vazquez, Clarence Mabanag, Jude Siapno, 
Matthew Hornung, their immediate supervisor Sgt. Jerry Hayter, Police Chief 
Richard Word and the city of Oakland.

Only four of the plaintiffs are named as victims in the criminal complaint 
pending against Vazquez, Mabanag, Siapno and Hornung.

Burris said he believes the abuse spans more than five years as the group, 
who called themselves "The Riders," were areign of terror on West Oakland.

"I've received a lot of calls from people in jail saying these officers 
have planted drugs," Burris said. "We don't know how many people that have 
been negatively impacted by these officers."

At a Thursday news conference, Burris introduced a number of plaintiffs in 
the complaint.

Jones said he felt the officers were harassing him on a return trip home 
from the store one night. He claims Vazquez searched him thoroughly inside 
his "shoes, socks and underwear" and didn't find any drugs.

He said he was handcuffed and placed in the back of a police car while the 
area he had been standing was searched by Vazquez.

"All of a sudden, they come up with drugs and said that I was going to 
jail," Jones said.

After spending time in jail after the incident, Jones said he told a police 
officer to "keep on eye on Vazquez." But the officer threatened him with a 
gun and verbally abused him, Jones said. Then another search resulted in 
more drugs that Jones had never seen, according to Jones.

At an Aug. 8 court appearance, Jones' case was dismissed by the District 
Attorney's Office after the police misconduct allegations came to light.

"The police are supposed to protect and serve, how can we trust them?" 
Jones asked. He said he served time before the charges were tossed out, 
having accepted a plea agreement because nobody believed him.

Burris said he's asking the federal Department of Justice's office of civil 
rights and special litigation unit to bring civil action against the 
Oakland Police Department for engaging in a pattern of "police misconduct 
against African Americans."

Randolph W. Hall, chief assistant to City Attorney John Russo, called 
Burris' news conference to announce the suit a "publicity ploy" and 
"nothing but showmanship."

He said when the misconduct allegations surfaced, the city anticipated a 
civil suit but it isn't making any concessions towards its outcome.

"If the lawsuit was limited to the action of the officers, that's 
understandable," Hall said. "When it goes beyond that to name the chief, 
it's wrong, flat-out wrong. He's one of the most community-minded chiefs 
around."

Hall said the plaintiffs were "trying their case in the media." He feels 
the department is oriented toward community policing and is responsive to 
the community's needs, adding the lawsuit will do more harm than good.

Three of the four so-called Riders pleaded innocent Wednesday in Oakland 
Municipal Court to a complaint charging them with beating suspects, 
planting evidence and falsifying reports while working the night shift in 
West Oakland.

Still a no-show was the group's alleged ringleader, Vasquez, 43, who is 
believed to have fled to Mexico, where the FBI is looking for him. A 
$194,500 state warrant and a no-bail federal Unlawful Flight to Avoid 
Prosecution warrant have been issued for his arrest.

Mabanag and Siapno were fired effective Dec. 1 for violating police 
department general orders and regulations, including excessive force, 
general conduct, performance on duty, and obedience of laws and regulations.

Hornung and Vazquez still face termination. The sergeant who supervised the 
four is fighting demotion.
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