San Francisco Police Chief’s Arrest Record Wiped Clean

SAN FRANCISCO —  Closing a major chapter in the so-called “Fajitagate” case, a judge on Wednesday erased all record of criminal obstruction charges against Police Chief Earl Sanders related to a police investigation of a street brawl that involved three off-duty officers.

The ruling was sweet for Sanders, a 39-year department veteran who rose through the ranks to become this city’s first African American chief.

“I am happy that truth has won out and justice has been served,” said the beaming chief, who had sought the ruling to eliminate a felony arrest that had tarnished his name and embarrassed the 2,300-member department.

Dist. Atty. Terence Hallinan, who is seeking reelection in the fall, initially had defended grand jury indictments handed down against Sanders and other police brass in February. But the case began to fracture.

Newspapers reported that he had told grand jurors there was insufficient evidence to seek conspiracy charges against the officers. Hallinan withdrew the charges against Sanders. The judge threw out charges against the other commanders. And the district attorney did not oppose the chief’s recent request to be declared innocent and have his arrest records destroyed.

Still, Sanders’ attorney, Philip Ryan, wanted a full hearing to air allegations that misconduct by Hallinan had transformed a common street fight into a politically charged scandal that threatened the careers and freedom of innocent people.

In a court filing, Hallinan argued against a hearing, saying it was moot. He did not attend Wednesday’s session. After brief exchanges with Superior Court Judge Kay Tsenin, one of the district attorney’s assistants agreed that Sanders was “factually innocent,” and the judge issued her ruling.

Minutes later, the chief and about a dozen supporters quietly celebrated in his office in the Hall of Justice.

Holding his wife Espanola’s hand, Sanders thanked them and said, “I want the touch of justice to go out to my command staff, too.” The grand jury had accused six police supervisors, along with Sanders, of conspiring to cover up a bloody early morning fight last year that allegedly erupted when three rookie officers accosted two strangers over a bag of steak fajitas. The judge later dismissed charges against the six for lack of evidence, while lambasting Hallinan but criticizing police, too.

Deputy Chiefs David Robinson and Gregory Suhr, who attended Wednesday’s hearing, said they would follow the chief’s lead and try to clear their records.

Assistant Chief Alex Fagan, who has acted as chief while Sanders has been on medical leave, said he would do the same. “I am positive that each member of the command staff, now that the chief has been through this task, will pursue the same” course, he said. “It is like a bad nightmare.... We all saw what this did to his health.”

Less than a year into his tenure, Sanders, 65, was indicted, booked, fingerprinted and had his mug shot taken. He said the episode might have triggered a mild stroke; he recently underwent a heart procedure and walks with a cane.

Sanders is eligible to retire and collect 90% of his $209,687 annual salary. He said he would like to return to work, but won’t until he receives clearance from his doctors.

District attorney’s spokesman Mark MacNamara defended the handling of the case and said that Hallinan did not appear Wednesday because he had two appointments.

Hallinan, he said, was doing his duty by pursuing the indictment of Sanders by the grand jury. “The jury represents the public will,” he said. “These charges did not come out of thin air.”

In a court filing, Hallinan said that Sanders had inaccurately portrayed private meetings between him and the district attorney that took place before the grand jury indictments. Among other things, Sanders said that Hallinan had improperly tried to broker a deal to have the beating case treated as a misdemeanor, as was an assault case the state attorney general handled against Hallinan’s son, Brendan. Hallinan denied that he had tried to plea bargain the case with the chief.

The beating case is pending. One of the defendants is Fagan’s son, Alex Fagan Jr., who recently was removed from the Police Department.