Rookie's testimony offers window into Oakland PD scandal

Ex-rookie cop tells of police abuse, attacks and filing of false reports
The San Francisco Chronicle June 8, 2001

The former rookie Oakland police officer whose accusations set off a criminal probe of four officers known as "the Riders," described in court yesterday how a man screamed in pain as officers pepper-sprayed, punched and kicked him after planting drugs on him.

In his first court appearance, Keith Batt, 24, who quit the Oakland force and is now a Pleasanton police officer, wore his uniform as he testified how officers forced him to lie on police reports, told him to ignore what he had learned in the police academy and openly joked about the man's beating.

Clad in suits, former officers Matt Hornung, 29, Clarence "Chuck" Mabanag, 35, and Jude Siapno, 32, watched impassively and took notes as Batt stole glances at them in Alameda County Superior Court in Oakland.

Batt said Siapno repeatedly asked whether he was ready for the "dark side."

"The dark side was illegal activities committed by police officers, excessive use of force, lying in police reports, things of that nature," said Batt, who notified the department about what he saw.

Batt's testimony against former colleagues -- highly unusual in that he broke the code of silence -- came on the fifth day of a preliminary hearing into charges that the Riders assaulted, lied in reports or planted drugs on West Oakland residents last summer.

A fourth defendant, Francisco Vazquez, 44, the alleged leader of the Riders, is a fugitive. When the hearing ends next week, Judge Leo Dorado must decide whether there is enough evidence to try the three former officers.

Batt testified how his nine-week introduction to street patrol was rife with misconduct by other officers, with the most serious case involving the alleged police beating of Delphine Allen, 21, on June 27.

Batt said he was instructed by Vazquez to "get him" by handcuffing Allen near his home on the 800 block of 32nd Street. Vazquez slapped Allen on the back of his head and called him a "m-- f--," prompting Allen to respond, "It ain't gonna be like that, Vazquez. I'm gonna catch you slipping."

That angered Vazquez, who then dropped drugs on the ground for Batt to find and then told Allen in the back of a patrol car that he was going to be arrested on drug charges, Batt testified. Allen became irate, kicking at the windows of the car, Batt said.

Vazquez and Siapno then pulled a handcuffed Allen halfway out of the car before Vazquez pepper-sprayed, punched and kicked him as Siapno struck Allen with a metal club on his bare feet, according to Batt. "He was screaming in pain," Batt said.

During a meal break on patrol, Vazquez drew a cartoon face, depicting Allen's face as a circle "with one side elongated" and one eye larger than the other to indicate swelling, and a frown.

Batt also revealed how the group came to be known as the Riders, saying a man who had been stopped by police during the day commented on how the officers were "so cool to me" and that "after midnight, the Riders come" and mistreat people.

Batt said he lied on police reports, copying statements by Mabanag, his field training officer, and Siapno "word for word" -- down to the exact spacing -- because he feared he would be fired if he did not.

In one case, Batt was told to indicate that Kenneth Soriano, 20, had elbowed him when he had not. In other cases, Batt falsely reported that people were seen dropping drugs on the ground when they had not. Batt said he was told the reports "had to be written this way" to ensure prosecution.

Vazquez allegedly told Batt to "f-- all that s-- you learned at the police academy. F-- probable cause. We're just going to go out and grab these m-- f--."

Batt said Vazquez also said, "if you're a coward, I'll terminate you. If you're a snitch, I'll beat you myself, and if you're a criminal, I'll put you in handcuffs and take you to jail myself. Snitches will lie in ditches."

Deputy District Attorney David Hollister described Batt's testimony as "very compelling," but Mabanag's attorney, Michael Rains, noted "there is a second half," with cross-examination of Batt set for today.

E-mail Henry K. Lee at hlee [at] sfchronicle.com.