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SFPD Chief Sanders, Asst. Chief Fagan Indicted

Plot To Obstruct Justice Charged

The San Francisco Police Department was rocked today with the news that Chief Earl Sanders, Assistant Chief Alex Fagan Sr. and other top commanders have been indicted on conspiracy to obstruct justice in connection with the probe into an off-duty brawl involving three rank-and-file cops.

A total of 10 members of the department were indicted Thursday night, authorities close to the case said Friday.

Besides Sanders and Fagan, they are Deputy Chief Greg Suhr, 44, who oversees patrol operations; Deputy Chief David Robinson, 51, who runs the bureau of investigations; Capt. Greg Corrales, 54, who runs the department's Mission District station; Lt. Ed Cota, 50, and Sgt. John Syme, 41, who were involved in the early investigation into the brawl; and Officers Alex Fagan Jr., 23, the assistant chief's son; Matthew Tonsing, 28; and David Lee, 23.

Fagan Jr., Tonsing and Lee were indicted on felony assault charges in connection with a Nov. 20 fracas on Union Street in which two men accused them of beating them. Sanders and the other department officials were indicted on charges of conspiring to obstruct justice. Their bail was set at $15,000 apiece; bail for the three rank-and-file officers was set at $90,000.

All those indicted on conspiracy charges but Sanders and Suhr testified before the 19-member grand jury that returned the indictments.

The grand jury heard from 42 witnesses over nine days of testimony, starting Jan. 28. District Attorney Terence Hallinan would not comment on the panel's findings until arrest warrants were served.

The credibility of the police investigation into the alleged beating was called into question early on. Police were forced to admit that the officers who started the investigation had done several things wrong, including failing to seize the off-duty officers' clothes and vehicle for blood evidence and failing to give the alleged victims, 23-year-old Adam Snyder and his friend Jade Santoro, 25, the chance to identify their attackers.

Sanders, 65, was named to the chief's job in July. He had repeatedly defended the department's conduct of the investigation.

Fagan Sr., 52, rose through the ranks as a narcotics cop and was promoted by Brown to the department's second-in-command when Sanders became chief. He recused himself from the investigation into his son and the other officers early on, saying, "It should be handled as all other incidents are."

Robinson, who formerly headed the department's homicide unit, was named deputy chief in charge of investigations by Fagan Sr. after serving as a commander of parking and traffic. He is a 23-year veteran of the department.

Prosecutors and the lieutenant who headed the investigation until Janary complained that Robinson had placed obstacles in inspectors' path, citing orders that inspectors submit written questions to some officers involved in the case rather than interview them face-to-face.

After testifying before the grand jury Tuesday, Robinson denied that there had been any coverup.

Corrales, a longtime friend of Fagan Sr. and supervisor of Lee and Tonsing, was the highest- ranking officer involved in the early investigation. He said in an interview in November that the notion that police officers would beat a man for his food was "ludicrous."

He conceded that there were shortcomings in the early probe. But he also minimized the problem, saying, "As far as taking the clothing, in hindsight, it would be one less thing to criticize in the investigation. There was a little bit of blood on their trousers. One of the officers said it was his own blood. It wasn't a huge amount of blood."

Bill Fazio, a former prosecutor and the attorney who represented Corrales among other officers at the grand jury, expressed shock at news of the indictments.

"From what I know about this case, I'm shocked not only by Greg but the chief of police and entire command staff of the Police Department has been indicted by the most politically active district attorney who will prostitute himself to any level to get press attention.

"This is ridiculous and obscene."