Lawyers
angry over deputy public defender's arrest want to give cops pocket
Constitutions
By Rob Nagle
The uproar, particularly in the
legal community, over the arrest of a deputy public defender last month in the
Hall of Justice by a San Francisco police sergeant has not abated. Now three
lawyers who were particularly perturbed by the actions of police have created a
fundraising website to raise money to purchase a pocket copy of the
Constitution for every San Francisco police officer, according to one of the
campaign's organizers, Adam Graff.
The incident Graff and two
friends are upset about is the Jan. 27 arrest of Deputy Public Defender Jami
Tillotson after she intervened on her client's behalf while he was being
questioned and photographed in the hallway of the Hall of Justice by Sgt. Brian
Stansbury, who said he was questioning the man in connection with a separate
criminal investigation.
Tillotson's client was in court
that day for a misdemeanor hearing and was in another courtroom for a case when
she heard that Stansbury was questioning her client in the hallway.
She immediately intervened and told her client
he did not have to answer Stansbury's questions or allow him to take
photographs. Stansbury objected and ultimately arrested her for resisting
arrest and obstructing his investigation.
Since Tillotson's arrest, the
charges have been dropped and police Chief Greg Suhr has apologized for any
distress the incident caused her, but has also insisted Stansbury had a
reasonable suspicion to take the photos. The case the sergeant was ostensibly
investigating will not result in any criminal charges, Suhr said.
Tillotson issued a statement on
the apology on Thursday and also filed a complaint with the Office of Citizen
Complaints, which reviews complaints made against police.
“While I appreciate Chief
Suhr’s apology, I am concerned that he continues to support Sgt. Brian
Stansbury’s actions,” she said in the statement. "The right to counsel is
not a formality. It is a shield that protects ordinary people against
intimidation, bullying, and overreach by law enforcement.”
She also alluded to a case
pending against Stansbury where he is accused by another San Francisco police
officer of racial profiling. Both Tillotson and Public Defender Jeff Adachi
have said they feel San Francisco police officers need additional training on
issues of civil rights and protections.
“We believe that SFPD is in
vital need of training so that constitutional violations are not perpetrated on
citizens in our community,” Adachi said. Perhaps pocket Constitutions can be a
good start.
The SFPD Constitutional
Education Fund, created by Graff, Daniel Watts and Tom Garberson, who are law
school buddies from UC Davis, is intended to send a message, Graff said, and
keep a critical eye on police. Their idea is that if this can happen in the
Hall of Justice, it can happen anywhere.
Graff spoke to The San
Francisco Examiner on Friday and said that if the campaign is fulfilled, they
intend to hand-deliver the Constitutions to the Police Department, and “what
they choose to do with them is up to” them. “Our intention is to make them
aware that what they did was unconstitutional and they seriously need to review
their processes.”
Graff, who has a history in
civil rights litigation said the case “resonates with me on a visceral level.”
To donate to the campaign,
visit www.indiegogo.com/projects/sfpd-constitutional-education-fund. It will be
open to donations until March 4.
