Chesa Boudin
San Francisco District Attorney Chesa Boudin has been accused of withholding evidence in a case involving a police officer’s use of ‘unnecessary force’ against a civilian.
Megen Hayashi, a criminal investigator working in Chesa Boudin’s office came forward and testified to a judge that she was ordered by co-workers to withhold evidence and believed she would have been fired if she refused, NBC Bay Area reported.
San Francisco police officer Terrance Stangel was accused of using excessive force when he used a baton to subdue a man during a domestic disturbance call more than 2 years ago.
Hayashi testified that she withheld the fact that according to a witness, Officer Stangel used a baton on a man who was beating a woman.
If true, Officer Stangel’s of force was “reasonable and lawful under the circumstances and existing law,” his lawyer argued.
NBC Bay Area reported:
Prosecutors at the San Francisco District Attorney’s Office are being accused of withholding evidence in hopes of convicting a San Francisco police officer of excessive force.
The NBC Bay Area’s Investigative Unit has learned a criminal investigator for the DA’s office, Magen Hayashi, testified Thursday that she was ordered by her own co-workers – attorneys inside the district attorney’s office – to withhold evidence, and said she believed she would have been fired if she refused.
During her testimony, Hayashi told a judge she never disclosed the fact that she interviewed a witness who said just before Officer Stangel pulled out his baton, the man he struck could be seen beating a woman. In court documents filed earlier this week, Stangel’s attorney, Nicole Pifari, argued Stangel’s use of force was “reasonable and lawful under the circumstances and existing law.”
The officer’s legal team has filed a motion to dismiss the charges based “prosecutorial misconduct” and “deceptive and reprehensible methods” used by the district attorney’s office. The judge has yet to rule on whether to throw out the case.
“The DA’s deceit and concealment of real evidence is disturbing, it is corrupt, and it is a violation of public trust,” Pifari wrote in the recent court filing. “Most importantly, however, it is illegal.”
The worst part is the judge said no significant evidence was withheld after Hayashi’s testimony – and ISSUED A GAG ORDER against all parties involved.
Constitutional scholar Jonathan Turley said the judge’s response is “troubling” including a gag order on all parties.
“The evidence goes directly to the defense of the accused officer. Boudin’s office owes not just the defendant but the public an explanation on why this whistleblower allegedly felt she would be fired if she disclosed it,” Jonathan Turley said.
An email from the San Francisco police chief was posted by an organization working to recall Chesa Boudin: “I am exploring options as to how these new developments impact our department and criminal investigations,” the police chief wrote in the email in light of the whistleblower’s testimony.