Pubdate: Wed, 18 Sep 2002 Source: San Jose Mercury News (CA) Copyright: 2002 San Jose Mercury News Contact: http://www.bayarea.com/mld/mercurynews Details: http://www.mapinc.org/media/390 Author: Sandra Gonzales LAWYER DEFENDS OAKLAND'S `RIDERS' For three former Oakland cops accused of criminal corruption, patrolling West Oakland's tough, drug-infested streets was rough. But they did it without breaking any laws, the lead defense attorney in the case said Tuesday, and with a strong mandate from the city's top brass, including Mayor Jerry Brown, City Manager Robert Bobb and Police Chief Richard Word, who made it his goal to reduce crime by 20 percent in one year. ``In the fall of 1999, the Oakland Police Department declared a war on crime and criminals, particularly street drug dealers. They sent out the soldiers to fight a war, and those three soldiers are on trial,'' said Attorney Michael Rains in opening statements in Alameda County Superior Court. ``They weren't out freelancing; they were out producing.'' Clarence Mabanag, 36; Matthew Hornung, 33; and Jude Siapno, 30, are accused in a 26-count complaint with charges that include falsifying reports, conspiracy to obstruct justice and fabricating evidence. Frank Vasquez, the alleged ringleader of the group known as the ``Riders,'' is a fugitive, believed to be in Mexico. Despite his absence, he plays a central role in the case with his name linked to nearly all the crimes charged against the three men now on trial. The allegations came to light two years ago after rookie officer Keith Batt, who worked with Mabanag for 2 1/2 weeks that summer, ignited a police corruption scandal that sparked outrage in the city. Batt quit the department in July 2000 and now works as a Pleasanton police officer. Batt, who is suing the city of Oakland, is the prosecution's key witness and is expected to testify today. Meanwhile, the defense has dismissed Batt as a rookie officer ill-equipped to handle the rough streets of Oakland. Rains acknowledged that the conduct of the officers may have been vulgar, inappropriate, uncivilized and even in violation of the police department's policy -- actions which gave ``bad appearances,'' he said. But never, he said, were the actions of the officers criminal. Rains suggested it was preposterous to think that Mabanag, named officer of the year in 1999 for his work on the graveyard shift, would suddenly engage in a life of crime. ``In any police department you get recognition not by crossing the line or violating the law but by doing your job,'' said Rains, who represents Mabanag. Instead, he described a seedy West Oakland filled with poverty, truancy and drugs. ``Life in West Oakland is ugly,'' said Rains, illustrating his point by showing surveillance video clips of drug transactions in the neighborhood. Although the approach used by the officers in hitting hot drug spots may have seemed aggressive, their tactics were sanctioned by the department, said Rains, who showed the jury department memos that called for ``pro-active'' police work. While Batt told internal investigators about threatening remarks made by the officers, Rains dismissed the statements as bluster and bravado that is part of the police culture. ``The nastier one's reputation is on the streets, the less nasty you have to be,'' Rains said. At the same time, Rains attempted to discredit Batt, describing him as cunning and smart, and pointing out that he had several opportunities to report any criminal wrongdoing and had failed to do so. He suggested that Batt came forward with the allegations to justify a reason for quitting. ``He knew he didn't cut it, he couldn't hack the streets of Oakland, and was afraid he wasn't going to get another job in a police department,'' Rains said. - --- MAP posted-by: Josh