Pubdate: Sat, 06 Dec 2014
Source: San Francisco Chronicle (CA)
Copyright: 2014 Hearst Communications Inc.
Contact: http://www.sfgate.com/chronicle/submissions/#1
Website: http://www.sfgate.com/chronicle/
Details: http://www.mapinc.org/media/388
Author: Bob Egelko
Bookmark: http://www.mapinc.org/corrupt.htm (Corruption - United States)

2 COPS GUILTY OF CORRUPTION

S.F. Officers Convicted of Stealing From Drug Dealers

A San Francisco police corruption scandal, triggered by surveillance 
videos that appeared to show officers as thieves, registered its 
first verdicts Friday when a federal court jury found two veteran 
officers guilty of stealing property and thousands of dollars in cash 
from drug-dealer suspects to enrich themselves and defraud the city.

The jury took 31/2 days of deliberations to unanimously find Officer 
Edmond Robles guilty of five felony charges and Sgt. Ian Furminger 
guilty of four. Jurors acquitted them of four charges, including 
conspiracy to deprive the public of their honest services, and 
deadlocked on a theft charge against Furminger.

U.S. District Judge Charles Breyer scheduled sentencing for Feb. 23. 
Furminger's lawyer, Brian Getz, said after the verdict that the 
crimes carry lengthy prison terms under federal sentencing 
guidelines. The trial took place more than three years after San 
Francisco Public Defender Jeff Adachi released videos that appeared 
to show officers walking out of cheap singleroom-occupancy hotels 
with bags of residents' possessions.

The resulting investigation led to the indictments in February of 
Robles, Furminger and four other officers. One, Reynaldo Vargas, who 
appeared in the videos, pleaded guilty to four felonies on Oct. 21 
and was the prosecution's main witness against Robles and Furminger. 
Charges are pending against the others, who worked at the Southern 
Police Station.

Adachi said prosecutors had to dismiss more than 100 criminal cases 
because of police conduct exposed by the videos.

Friday's verdicts, Adachi said in a statement, "bring a measure of 
justice to the victims, who were ripped off, falsely arrested and 
disbelieved for far too long. These 12 jurors sent a message - that 
there are consequences for bullies who victimize the poor and 
powerless under color of authority."

Police Chief Greg Suhr said the officers "have not only betrayed the 
public's trust but also the trust of the honest, hard-working men and 
women of this proud department." He suspended Robles and Furminger 
without pay after their indictment in February, and said Friday he 
would seek to have them fired immediately.

Robles and Furminger, who worked in the plainclothes unit at the 
Mission District station, were charged with taking and dividing up 
thousands of dollars found during searches of drug dealers and their 
homes. Vargas testified about a series of incidents in 2009 in which 
he or Robles, his partner, swiped cash and other items from the homes 
of dealers they had arrested or were investigating, and shared the 
proceeds with Furminger, their supervisor, rather than booking the 
property into evidence.

On one occasion in May 2009, Vargas said, the officers searched the 
home of a drug dealer in Newark, target of a federal investigation, 
and Vargas found $30,000 in cash buried in the backyard. He said he, 
Robles and Furminger divided the loot on the drive back home. The 
next day, according to prosecution testimony, Robles deposited $6,000 
in cash into his bank account.

On another occasion, Vargas said he took two Apple gift cards from a 
dealer's home and used one of them to buy an iPhone, while Robles 
used the other to get an iPad for his girlfriend. She testified that 
she received it.

In closing arguments Monday, Assistant U.S. Attorney John Hemann 
called Vargas a "dirty cop" who nevertheless could be believed 
because his testimony was backed up by independent evidence, like 
Robles' bank deposit.

Defense lawyers described Vargas as a liar who framed their clients 
to get a lower sentence. The Police Department fired Vargas in May 
2012 for falsifying time sheets.

Neither Robles nor Furminger testified during their trial. Robles, 
46, of Danville, has spent 22 years with the Police Department, and 
Furminger, 47, of Pleasant Hill, is a 19-year veteran.

Apart from Vargas, the prosecution relied mainly on testimony from 
acknowledged criminals who acted as police informants.

One, Cesar Hernandez, a large-scale drug dealer, said Robles paid him 
in cash and drugs for his information, and told him he could keep 
selling narcotics with impunity as long as he continued to cooperate.

Jurors convicted Robles and Furminger of the central charges in the 
case: that they had conspired to steal money and property that should 
have been turned over to the city, and to deprive suspects of their rights.

They were acquitted of charges involving their dealings with another 
prosecution witness, Sergio Sanchez, who sold stolen property at the 
corner of 20th and Mission streets while also serving as a police 
informant. Both officers had been accused of depriving the city of 
their honest services by allowing Sanchez to stay in business, and 
Furminger was also charged with extortion for allegedly buying 
Sanchez's goods at a discount in exchange for protecting him from prosecution.

They were also convicted of wire fraud, for using electronic 
communications during their thefts, and acquitted of dealing drugs.

In a post-trial debriefing, one juror explained the mixed verdicts to 
lawyers. "We sort of believed (Vargas') overall narrative, but we had 
a hard time on some of the details," he said.

Robles' lawyer, Teresa Caffese, said the outcome was disappointing, 
but "we respect the jury's verdict." Getz said Furminger accepted the 
verdict, but would ask Breyer to overturn it and grant a new trial.
- ---
MAP posted-by: Jay Bergstrom