D.A. will retry 3 'Riders'

D.A. will retry 3 'Riders'

(Oakland Tribune, November 5, 2003)

Pared down charges to be presented at Dec. 9 hearing, Orloff says

By Glenn Chapman, STAFF WRITER

OAKLAND -- Three fired Oakland police officers whose trial on charges they illegally pounced on suspected drug dealers ended with jurors deadlocked will be tried again because they clearly broke the law, Alameda County District Attorney Tom Orloff announced Tuesday in court.

Lawyers representing the three so-called "Riders" -- Clarence "Chuck" Mabanag, Jude Siapno and Matthew Hornung -- denounced Orloff's decision and vowed to beat the prosecutor's office a second time.

" The probability of conviction in this case justifies a retrial," Orloff told Superior Court Judge Jon Rolefson during a brief hearing Tuesday morning. "So, we will seek a retrial."

Orloff told Rolefson he is confident "an unbiased jury" will see the truth in the criminal charges.

" I'm surprised," Mabanag's attorney, Mike Rains, said after the hearing. "We so thoroughly trounced them in the first case. They lost, and they will lose again. Their case is a wreck."

Defense attorneys said they will demand new proceedings begin without delay. Orloff said the second case will not include all 27 charges the original jury deadlocked over. A pared down list of charges is to be presented at a Dec. 9 court hearing.

The defense team will face Deputy District Attorney Terry Wiley, who has been an Alameda County prosecutor for 14 years. Wiley's reputation as a fierce competitor dates to his days as a running back with the University of California, Berkeley, football team.

" We are going to do our best to get ready to rumble," Wiley said. "We have a massive amount of material to review, given it was the longest criminal trial in the history of California. It is a daunting task, but one that can be accomplished."

The original trial of "The Riders" ended Sept. 30 with acquittals on eight charges and word that three members of the panel were bent on exonerating the former officers, who they felt did what was needed to deal with lawbreakers in West Oakland's predominately black community.

There were no African Americans on the jury. The length of the trial culled youth and ethnic diversity from the jury pool because many couldn't afford to take that much time off from their jobs.

The case could be streamlined by the prosecution, and sped along by a judge, said attorney John Burris, who won a $10.9 million civil settlement from the city on behalf of 119 people who claimed to have been abused by the Riders.

" The judge can control it in ways that move the case along," Burris said. "Alameda County is notorious for trying cases not only four days a week, but short work days. You could change that."

Trimming the trial's length would increase the odds of getting a jury that mirrors Oakland's ethnic diversity, Burris said.

" I can't imagine the trial will be shorter," Hornung's attorney, Ed Fishman, said of the pending rematch.

Cross examination of witnesses promises to be longer because they can be asked to explain statements they made in the initial trial, noted Siapno's lawyer, William Rapoport.

Mabanag, 38, Siapno, 35, and Hornung, who will be 33 next week, remain free on bail and were excused from attending Tuesday's hearing.

" Our clients are ready to go," Rains said of a second trial. "I am ready to go. I am looking forward to it."

When asked whether any of the Riders would plea-bargain to avoid retrial, Rains barked "Not on your life."

Community activists hailed Orloff's decision.

" This is wonderful," said the Rev. Keith Clark of Word Assembly Baptist Church. "There is not a doubt in my mind there will be a conviction."

Oakland NAACP President Shannon Reeves commended Orloff and said Oakland residents must do their part by demanding accountability from city leaders who may have encouraged officers to be unscrupulous in a drive to upgrade the city's image.

Defense attorneys maintain the accused men were devoted officers commanded by superiors to make Oakland a hostile place for drug dealers.

" This is the district attorney's call," Mayor Jerry Brown indicated Tuesday in a written press release. "His people were in the courtroom day after day. That's why the decision is his and his alone."

Brown went on to note a second trial will come at a price -- erosion of morale at the police department as well as an "enormous financial burden" to taxpayers. The year-long Riders trial, together with the civil settlements, have already cost more than $15 million, he said.

" We are so proud the district attorney took the step that so many might not take," added Ramona Tascoe, a minister-in-training who works with local clergy advocating a retrial. "A straight forward, slam-dunk case was co-opted."

While speaking with reporters, Tascoe was confronted by Mandingo Hayes, who angrily insisted she explain why those decrying the outcome of the first trial didn't attend the proceedings.

" It is good to come up at the end, but where were you when the case was going on?" Hayes asked.

Hayes also missed the Riders proceedings. He was on trial in a courtroom across the hall for a time on charges he was an Oakland pimp. Hayes testified he was a police informant put up in the prostitution business so he would be able to get better information for cops. Hayes was acquitted.

Tascoe hugged Hayes and suggested they address his concerns another time.

Mabanag, Siapno, Hornung and reputed Riders leader Frank Vazquez were fired from their jobs as Oakland police officers after a rookie, Keith Batt, went to internal affairs investigators in July 2000 with suspicions regarding rogue officers called the Riders.

Vazquez is believed to have fled the country to avoid trial.

The bulk of the original charges stemmed from accusations the men conspired to frame suspected drug dealers and lied in reports. Jurors interviewed after Judge Leo Dorado dismissed the panel described their 56 days of deliberation as polarized from the outset.

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