Copyright 2005, Bay City News Wire

Update: Judge in 'Riders' case imposes wall of secrecy

(Bay City News Wire 4/21/05) -- The judge in the trial of three former Oakland police officers accused of criminal wrongdoing took extraordinary measures today to maintain a wall of secrecy in the closely-watched case.

Alameda County Superior Court Judge Jeffrey Horner, who issued a gag order in the case last June without explaining why, today held secret hearings in his chambers, ordered a juror who was booted from the case not to talk to reporters and refused to give lawyers in the case transcripts of his secret hearings.

Former officers Clarence "Chuck" Mabanag, 39, Jude Siapno, 36, and Matt Hornung, 33, who were nicknamed "The Riders" by community members who objected to their reportedly aggressive tactics, are accused of beating and framing suspected drug dealers in west Oakland in the summer of 2000.

The former officers are standing trial a second time. Jurors began deliberating April 5 and their deliberations have spanned 13 days.

After Horner held hearings in his chambers Wednesday and today with the attorneys, the defendants and a court reporters present but the press and public barred, the judge today dismissed a 53-year-old man from the jury panel. Horner didn't disclose his reason for tossing out the man.

The man was the second juror dismissed in the last week, as last Friday Horner dismissed a 74-year-old woman who said she didn't have the energy to continue deliberating.

In the hallway outside Horner's courtroom, the male juror said Horner asked him not to talk to reporters even though he's no longer involved in the case.

"I'm not supposed to say anything," the juror said.

The juror, who appeared to be unhappy about being dismissed, made a cryptic reference about having "kept my eyes open" during the trial and jury deliberations.

After jurors went home at the end of the day today, Horner denied a request by Hornung's lawyer, Ed Fishman, to have a transcript of the last two days of closed hearings in Horner's chambers.

"I've ordered the transcripts of Wednesday and Thursday sealed," Horner said.

When Fishman politely asked, "May I inquire about your reasons?" Horner gruffly said no.

When Horner issued his gag order in the case last June 28, Peter Scheer, the executive director of the California First Amendment Coalition, a San Rafael-based group that tries to protect the public's right to know, said the order "sounds premature and overly broad."

David Greene, executive director and staff counsel of the Oakland-based First Amendment Project, said Horner may have acted improperly because he didn't cite any justification for the gag order.

The first "Riders" trial in 2002 and 2003 was one of the longest criminal trials in California history, with jury deliberations alone lasting 56 days.

The trial finally ended on Sept. 30, 2003, with jurors acquitting the former officers of eight charges and deadlocking on the remaining 27 counts.

In an effort to streamline the second trial, the Alameda County district attorney's office filed a revised criminal complaint last year with fewer counts, 15.

The alleged offenses are conspiracy to obstruct justice, filing false police reports, assault and battery, kidnapping and false imprisonment.

A fourth officer, Frank Vasquez, also has been charged in the case but he fled the country to avoid prosecution.

The second trial began Nov. 1 and testimony took just over four months, which is longer than most trials but was considerably shorter than the eight months of testimony in the officers' first trial.

The male juror who was dismissed today was replaced by a female alternate. There are now seven women and five men on the panel.

There are still three alternates left in the case.

Jurors will resume their deliberations on Monday.