Two Palo Alto police officers accused
in the 2003 beating of a 59-year-old black man pleaded no contest to a
minor charge of unlawful fighting today as prosecutors decided against
retrying the pair on felony brutality charges after the first
prosecution ended with a mistrial in April. Allowing officers Craig
Lee, 42, and Michael Kan, 27, to plead no contest -- which legally has
the same impact as a guilty plea -- to the infraction for public
fighting is likely to draw the ire of police critics because they'll
only pay a $250 fine, face no jail time and are expected to return to
police work. But Santa Clara County Deputy District Attorney Peter Two
Palo Alto police officers accused in the 2003 beating of a 59-year-old
black man pleaded no contest to a minor charge of unlawful fighting
today as prosecutors decided against retrying the pair on felony
brutality charges after the first prosecution ended with a mistrial in
April. Waite added that officials also were influenced by the
difficulty of winning convictions against police, citing the two
mistrials that Alameda County prosecutors faced in trying the Oakland
police officers knowns as "the Riders" who had been accused of
assaulting or framing drug suspects. Waite said the plea deal and the
vigorous prosecution send a strong message that police misconduct would
not be tolerated. He noted that the Palo Alto Police Department has
plans to install video cameras in police cars and has begun retraining
all officers to avoid similar clashes in the future. "I think that
justice was served," Waite said after the morning hearing in a San Jose
courtroom before Judge Andrea Bryan. "We did our best to hold the
police accountable and get a fair result for the community." Lee and
Kan, who are both Asian-American, are accused of clubbing and
pepper-spraying 59-year-old Albert Hopkins on the night of July 13,
2003, after they encountered him sitting in his parked car. Officers
had received two reports of suspicious behavior by a man in a parked
car, one by a caller and another by a female motorist. [more]