SFPD Video Scandal: No Punishment For Asian Cops

May 16 - KGO (KGO) -- San Francisco's police chief and mayor pledged to come down hard on any police officer who participated in the now infamous video that became known as "Cops Gone Wild!" But did they? Did they treat all the officers in the video the same way? That's a key issue in a $20 million dollar lawsuit headed for federal court.

The lawsuit accuses Chief Heather Fong of giving special treatment to four Asian officers who played prominent roles in that video. For the first time, you'll see their skits and hear from officers who were suspended and are upset about the disparity.

Chief Heather Fong, San Francisco Police, (Dec. 7, 2005): "This is a dark day, an extremely dark day in the history of the San Francisco Police Department."

When Police Chief Heather Fong and Mayor Gavin Newsom called this news conference, launching the comedy video controversy, they promised to hold accountable every officer appearing on the DVD.

Chief Heather Fong, (Dec. 7, 2005): "This behavior in my eyes is totally unacceptable. I will not tolerate it. The command staff will not tolerate it."

But Fong was quite tolerant of the Asian officers who performed in the video, according to a lawsuit heading to federal court in three weeks.

Sgt. Mike Evanson, San Francisco Police: "I'm ashamed at the way the department treated the members. I think it was disgusting."

These officers are among 18 suing the city and Chief Fong for racial discrimination. They never meant the DVD to be shown outside a Bayview station Christmas party. It was full of inside jokes aimed at a retiring captain and at the officers themselves.

They believe no one should have been disciplined for the video, but that if Fong decided to suspend the officers on the DVD, she should have included the Asian officers.

James Aherne, San Francisco Police Officer: "I would like to know why 24 officers were picked and there wasn't an Asian officer in that group."

Asian officers played key roles in the video. In real life, Officer Alex Kwan failed his bicycle test by slamming into the captain's car. Even though Kwan was the star of this re-creation, Fong took action only against the bicycle instructor.

Jimmy Lewis, San Francisco Police Officer: "I was suspended because of that and the Asian officer was made more of the victim in that."

A Mastercard-themed skit made fun of the housing unit's reputation for responding only to select calls. Officer Erik Chiang had the only speaking role. Chiang also did not get suspended.

Another skit skewered the plain clothes unit for using many officers to get a single rock of crack cocaine off the streets. Every African American, Latino and White officer in the scene got suspended, but not the Asian officer, Derick Lew -- he appeared three times.

Gerald Lyons, San Francisco Police Officer: "I was suspended, an Asian officer had his own skit the length of a song, and nothing happened to him."

He's referring to Officer John Pai. Pai had a solo, minute-long skit dedicated to his habit of acting like a rapper. Chief Fong didn't suspend him, either.

Carlos Mustafich, San Francisco Police Officer: "I have nothing against those other Asian officers 'cause a lot of those guys are my friends. They were treated very, you know, differently. They weren't suspended like we were."

None of the Asian officers in the Bayview comedy video returned our calls for comment. The president of the Asian Police Officers Association refused to be interviewed, as did the head of the powerful Police Union -- this issue is that sensitive.

Chief Fong had no problem discussing the video at that news conference a year-and-a-half ago. Now that she's a defendant in a $20 million dollar lawsuit, Fong's keeping quiet. Her press officers did not return our calls, so we caught up to her at last week's Police Commission Meeting.

Chief Heather Fong: "Because of the continuing processes, I am not able to respond to your question."

ABC7's Dan Noyes: "How do you respond to complaints that you gave the Asian officers special favors or special treatment?"

Chief Heather Fong: "Those matters have been brought forth and they are being resolved through the proper courses."

Matt Dorsey, S.F. City Attorney's Office: "It's the city's position those allegations are without merit."

In its response to the lawsuit, the City Attorney's Office says "all employment actions ... (in this case) were based on legitimate, non-discriminatory reasons."

Legal experts tell us there's a good chance this case will never get to court, so we asked the City Attorney's Office.

Dan Noyes: "What are the odds of this settling, do you think?"

Matt Dorsey: "You know, I don't know, and if I did, I wouldn't say it on camera." (laughs)

While the lawsuit moves forward, several of the disciplinary cases drag on. Seven officers have been reassigned to desk jobs, for now.

All the officers -- even those who are back on the street -- tell us it was a shock to have their gun and badge taken away, even temporarily, over a comedy video.

James Aherne: "You have a strong work ethic, and then you come to work, I mean, I'm part of a plain clothes team along with Jerry and Reggie and we recovered over 65 guns in a year, the most in any district before this occurred, so it was pretty disheartening."

Andrew Cohen, San Francisco Police Officer: "Everything about it is so blatantly unfair and corrupt, it drives me crazy. It really does. I can't wrap my brain around it that there's such organizations out there like this police department that would do such a thing."

Ten minutes before our report aired, the head of the Police Union finally called. But Gary Delagnes didn't have much to say about why the Asian officers were not suspended. He said, "that's a question for the chief."

The first status hearing in federal court comes in three weeks. We'll keep you updated.

I-Team Blog:
One of the more interesting facts we uncovered in the research for this investigation was how the controversy began. For more on that, read the I-Team blog here.

Previous stories:

>> Cops Want Newsom Under Oath (5/15)

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