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Penn-Case Witness Calls Policeman 'Ideal Candidate' for Ku Klux Klan

May 30, 1987

An Alpine minister who once was a San Diego police officer testified Friday that San Diego Police Agent Donovan Jacobs was "one of the most prejudiced white people I've known."

Drew MacIntyre, senior pastor of Calvary Chapel in Alpine, was called as a surprise rebuttal witness by Sagon Penn's attorney, Milton J. Silverman, in Penn's retrial.

"In my opinion, Donovan Jacobs is one of the most prejudiced white people I've known," testified MacIntyre. " . . . If there were an ideal candidate for the Ku Klux Klan, he would be one."

Jacobs, 30, of El Cajon, has denied using racial slurs toward Penn or any other minority, saying such words were not in his vocabulary.

Penn is charged with attempted manslaughter in Jacobs' shooting, manslaughter in the death of Police Agent Thomas Riggs, and attempted murder in the wounding of civilian observer Sarah Pina-Ruiz. The shootings occurred March 31, 1985.

"Donovan Jacobs, on a number of occasions, did use excessive force in arresting various people. He used on occasion the term boy and nigger ," MacIntyre testified.

The minister, who is white, said he left the San Diego Police Department in July, 1983. He said he had worked with Jacobs during his 4 1/2 years on the force.

"In December, 1982, the Lord had called me into the ministry full time," MacIntyre said when asked why he left the department.

"I made my opinion known about (Jacobs') lack of teamwork and going out on his own," he said.

"I got along with him all right as a person," he said.

MacIntyre is the fourth former San Diego police officer to testify that Jacobs acted in a racist manner.

Questions on Photos

Silverman also called Sue Marvin, a lab manager at Master Photo, a film processing firm that developed crime scene photographs for the San Diego Police Department.

Silverman showed Marvin photographs that showed a patrol car with a reflection on the glass. Silverman maintains that Penn could not see Pina-Ruiz clearly through the glass and shot in self-defense because he thought she was another police officer ready to shoot him.

Marvin said the prosecution's photographs presented "unique printing problems."

Silverman asked her what were the instructions made by San Diego police officials as to developing the pictures.

"They had two or three pictures they wanted to make darker. They asked to have them printed darker so they could see through the reflection," Marvin said.

On cross-examination, the lab manager said she lost the Police Department contract a year ago because they were unhappy with her late opening time. Marvin also said the department complained about chemical stains on the back of pictures. Marvin said she received no instructions to alter the negatives.

Police Officer Bill Green testified about a 1982 incident between Jacobs and former officer Nathaniel Jordan in which Jordan alleged that Jacobs called him "nigger." Green, who is black, said he did not hear any racial slurs made, but that Jordan became upset and reached across a table toward Jacobs.

Green said Sgt. James Duncan was in the room at the time. Duncan has testified that there never was such an incident.

The prosecution intends to call one final witness Monday and the San Diego Superior Court jury will hear final arguments next week--after 11 weeks of trial.

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