New Page 4

Our boys in blue strongly exercise the code of silence, so when one of them stands up and shares the truth about corruption and injustice within the ranks, he should be hailed as a rare hero.

Patrick Sweeney is spending his life in the bowels of Alabama for just such courageous action and everyone has forgotten to thank him.

San Antonio Express-News

Thursday, May 13,1999

Crime & Crisis

S. A. COPS SAY THEY WERE TOLD TO HARASS

By Maro Robbins

Express-News Staff Writer

In a trial unfolding this week in federal court, several police officers have testified they were ordered to keep downtown streets tourist-friendly by harassing human "eyesores" that included youths and the homeless.

Past and present members of the Downtown Foot and Bicycle Patrol said they were told to demand identification from patrons in certain bars, to snatch suspected gang clothing from teen-agers and to push homeless people out of the area -- with or without probable cause that suggested laws had been broken.

Testifying Thursday, San Antonio Police Chief Al Philippus said none of the alleged activities violated residents' rights to walk the streets downtown; if they in fact occurred.

He emphasized that officers never documented specific abuses and never complained through official channels.

He also noted that probable cause is not needed for officers to request identification.

Altogether, nine officers have testified in a trial brought against the city by Officer Onofre Serna, who in 1996 was transferred from the highly visible bicycle patrol to squad-car duty.

Serna claims the transfer was punishment for complaining about the unit's harsh methods, which allegedly started in 1994 and lasted about two years. He also claims the transfer violated his civil rights and laws protecting whistleblowers.

Lawyers for the city said Serna suffered no retaliation. They suggest the allegations stem from personality conflicts and "petty employment issues."

The trial has offered a rare view inside the squad room where officers navigated the politics of policing one of the city's most valued assets -- the River Walk.

Bandannas, baseball caps and other pieces of suspected gang regalia decorated the walls of the patrol's office, several officers said. A box in a back room held more confiscated items, some, according to testimony, snatched without probable cause.

"It's basically theft," Detective Miguel Mares Jr., a former member of the patrol, said on the witness stand, describing why he -- and other officers -- balked at instructions to take suspected gang paraphernalia.

Most officers acknowledged the downtown streets had gang problems. But, they said, their orders also targeted teen-agers who broke no laws but wore gangster-style clothing simply to blend in with peers.

Moreover, they said, many youths lingered downtown to avoid trouble in their own rough neighborhoods.

"Even if they were just standing around, we were instructed to do something about this problem," Mares said.

Mares also said the patrol had specific instructions to demand identification from customers in certain bars, such as the Esquire Tavern at 115 E. Commerce St. Other officers said they were advised to let bouncers and hired security handle upscale establishments like the nearby Hard Rock Cafe.

Without naming any businesses, Philippus argued the department simply focused on unruly areas and certain crimes, like driving while intoxicated.

"We target problems, specific violations of law, not particular (groups of) people," he said.

Officers claimed the heavy-handed orders came from the patrol supervisor, then-Lt. Harry Griffin.

Griffin, now a captain at the Prue Road substation, also was transferred from the patrol about the same time as Serna. He has been named as a potential witness, but he couldn't be reached for comment.

Officer Thomas Froelick said Griffin considered the teen-agers as "eyesores," and wanted them off the downtown streets.

"The homeless in San Antonio -- he didn't like them, either," Froelick testified.

Mares said Griffin once ordered him to remove a mentally disabled homeless woman from the bench where she had sat quietly for years without causing many complaints. He was told to drop her off under a bridge by a homeless shelter.

On the witness stand, Philippus said he wanted to hear Griffin's testimony before he assessed the incident, but balked at labeling the woman's removal an arrest.

In July 1996, Philippus assembled a panel of police supervisors to examine the grumbling coming from the downtown patrol squad.

After dozens of interviews, the panel reported that a clique of officers was defying supervisors and intimidating peers. It described Serna as "very disruptive," while acknowledging that Griffin had "serious managerial and supervisory shortcomings."

The report also stated the officers believed the tactics Griffin demanded "were heavy-handed, illegal or racially and politically motivated."

Philippus said those allegations were too vague to warrant an inquiry into whether the patrol was harassing downtown visitors.

Instead, Philippus said he followed the panel's recommendations. He transferred Griffin, Serna and two sergeants. Transfers of three other patrol officers already temporarily assigned to other divisions became permanent.

Since then, both Philippus and Froelick testified, the unit's troubles have dissipated.

Back to the Long Arms of the Law