SAN FRANCISCO — During a preliminary hearing in San Francisco Superior Court’s Department 9, cross-examination of two San Francisco Police Department officers revealed testimony that contradicted a police report presented in court. The prosecution presented two counts charging the accused with possession for sale or purchase of a controlled substance.
The first witness, identified as SFPD Officer N. Kebodeaux, identified the unknown substance at an alleged drug transaction as a single bag containing a white powder-like substance, which he allegedly saw the accused place in his groin area. Later, in his testimony under oath, he stated that the accused requested a strip search, for which officers transported him to the Tenderloin station.
Certified legal intern Flannery Kelleher, under the supervision of Deputy Public Defender Maria Avalos Cruz, cross-examined the witness, asking how common it is for people being arrested to request a strip search. The officer responded that it is uncommon and said, “In fact, it is the first time it has happened.”
The defense proceeded by stating that, due to police academy training meant to maintain accurate reports for court use, something as noteworthy as the first time the officer was requested to conduct a strip search by the arrestee should have been mentioned in the referenced report. However, according to the defense, the report clearly stated that Officer Kebodeaux and his team took it upon themselves to suggest conducting a strip search of the detainee was necessary on the basis of suspicion.
In addition, during his testimony, SFPD Officer Kebodeaux stated that the accused reacted to police contact in an “aggressive and noncompliant manner.”
The defense asked for clarification, noting that earlier in the testimony the officer stated that the accused requested a strip search, which appeared contradictory, since that does not signify noncompliance.
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