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.
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