Boudin bans prosecutions based on testimony of cops with past misconduct

San Francisco Chronicle

San Francisco District Attorney Chesa Boudin issued a new policy directive Monday that would prevent cases from being charged or prosecuted based solely on the testimony of officers with a history of “serious misconduct.”

Under the policy, officers with a record of misconduct related to excessive force; racial bias; discrimination based on race, national origin, sexual orientation or gender; or dishonesty about a crime will be identified on a list by the district attorney’s office, officials said in a release.

Charges will not be filed in cases in which such an officer is the only source of a “material” fact necessary to potential charges, without the district attorney’s approval, officials said.

A material fact is one that can’t be proven conclusively without an officer’s testimony. Officials said the directive is “aimed at ensuring that no one is falsely prosecuted as a result of the word or actions of officers with a known history of excessive force, dishonesty, or racial bias.”

“We have seen across the country repeated instances of police violence inflicted upon people of color and the Black community - often by officers with prior known misconduct, yet whose words prosecutors continued to trust in filing charges,” Boudin said in a statement.

“This directive ensures that members of the public are not wrongly or unfairly accused by officers whom we know have displayed the kind of misconduct that permanently damages their credibility or the trust we place in them.”

More