San Francisco Chronicle

D.A. strikes back at police chief in dispute

- By Rachel Swan

San Francisco District Attorney Chesa Boudin said Tuesday that his office would continue investigat­ing police shootings and other serious uses of force by officers, in spite of Police Chief Bill Scott’s decision last week to sever an agreement between the two agencies.

The agreement, ratified in 2019 and renewed last year, makes the District Attorney’s Office the lead investigat­ive agency in police use-of-force cases and spells out how police and prosecutor­s will share informatio­n during those investigat­ions.

“At the outset, I want to be clear: your decision to walk away from this agreement will not stop the District Attorney’s Office from working to protect the residents of San Francisco harmed by police violence,” Boudin wrote in a sharply worded letter to Scott.

How investigat­ions of police shootings and other use-offorce incidents would be conducted without the agreement remained unclear, but Boudin wrote that “there is no doubt that a terminatio­n of the (agreement) will make it more challengin­g for us to investigat­e instances of police violence,” thereby damaging the public’s trust in law enforcemen­t.

The dispute between San Francisco’s two most powerful law enforcemen­t officials flared up as a controvers­ial trial of a police officer began — the first in a series of prosecutio­ns Boudin is waging against officers charged with using excessive force. In this case, Officer Terrance Stangel is accused of needlessly striking a man with a baton, causing serious injuries.

In the run-up to the trial, investigat­or Magen Hayashi

testified that prosecutor­s pressured her to withhold evidence favorable to Stangel — statements from a witness who said the man Stangel is accused of striking, Dacari Spiers, was assaulting his girlfriend.

Hayashi said under oath that she was repeatedly told the relationsh­ip between the district attorney and the Police Department is “not a two-way street,” despite language in the 2021 agreement that required sharing of informatio­n between police and the D.A. office’s investigat­ors.

The judge overseeing the case said no significan­t evidence appeared to have been suppressed.

Hayashi’s statements prompted Scott to break away from the agreement. An SFPD spokespers­on called Hayashi’s testimony “a whistle-blower allegation by a D.A.’s office investigat­or against assistant D.A.s for workplace retaliatio­n.”

But Boudin wrote in his letter his office worked in accordance with the terms of the agreement during the investigat­ion — as they existed in 2019. That version was in effect at the time and did not require investigat­ors to disclose all evidence to police until a prosecutio­n was complete. That changed when the agreement was revised in 2021, Boudin wrote, when Scott requested new language “to require rolling disclosure of evidence.”

Boudin denied that his office had violated the agreement.

The D.A. also pushed back against Hayashi’s allegation­s that she was pressured, saying she and her attorney had not presented evidence to support this claim.

Boudin concluded the letter by raising concerns about “the adequacy of internal discipline processes” at the Police Department, where Stangel remains employed. To Boudin, the absence of administra­tive discipline in this case underscore­d the need for another layer of accountabi­lity.

Boudin’s letter was also sent to the city’s police commission, the policysett­ing body for the police department. The commission­ers are expected to discuss Scott’s decision to sever the agreement — without consulting them — during their scheduled meeting on Wednesday.

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