No third trial for Oakland's Riders - Previous attempts to convict ex-cops ended in mistrials

San Francisco Chronicle ^ | 6/2/5 | Henry K. Lee

[SmithL]

Alameda County District Attorney Tom Orloff told a judge this morning that he will not prosecute two former Oakland police officers — part of a squad known as "the Riders" — for a third time on charges that they assaulted or framed drug suspects in 2000.

Citing two previous mistrials in the case, Orloff told Superior Court Judge Jeffrey Horner that although he believed fired officers Clarence "Chuck" Mabanag, 39, and Jude Siapno, 36, had committed crimes, he questioned whether a third jury would convict them.

"Experience has shown that the answer to that is no," said Orloff, who called the case "every prosecutor's nightmare" because police have traditionally worked alongside the DA's office."

Horner dismissed all charges against Mabanag and Siapno, telling each of them, "Good luck to you." The judge said he agreed with the decision by prosecutors to try the defendants twice and that not seeking a third trial was "thoughtful, enlightening and a wholly appropriate decision."

"This case is closed," said Horner, putting to an end docket number 141201 — unless a fourth defendant, fired officer Frank Vazquez, 48, surfaces after five years. Vazquez fled the country after being charged, and Orloff said today that he still planned to prosecute Vazquez if he is arrested.

[ncountylee]

Wrongful termination odor in the air.