San Francisco DA investigator sues former boss Chesa Boudin for retaliation, defamation

SAN FRANCISCO – An investigator within the San Francisco District Legal professional’s Workplace — who beforehand testified she was instructed to take away exculpatory proof in a police abuse case – is suing her former boss Chesa Boudin and different attorneys, claiming she was instructed to commit misconduct in one other case.

The investigator, Magen Hayashi, filed the lawsuit in San Francisco Superior Courtroom on September 29, saying she was the sufferer of retaliation, and accusing her former colleagues of “a sample and apply of prosecutorial misconduct” and “possible unlawful actions” associated to the prosecution of two San Francisco law enforcement officials. 

“Investigator Hayashi appears ahead to litigating this case within the courtroom not within the media,” her legal professional, Christopher Shea, instructed KTVU. 

Town legal professional’s workplace mentioned it couldn’t touch upon the specifics of the case past a quick assertion.

“Town is dedicated to a office freed from retaliation. We’ll overview the claims carefully and reply in court docket,” mentioned Jen Kwart, a spokeswoman for town legal professional’s workplace. 

The lawsuit is the most recent flip and a contentious authorized and political saga involving former district legal professional Boudin — who was recalled in June — his former employees members, his successor, and police.

Boudin was elected to town’s submit of prime prosecutor on a platform of being more durable on police. He charged quite a few officers throughout his two years in workplace. Boudin, although, did not safe any vital convictions towards officers, and several other circumstances he introduced proved to have main flaws or have been hamstrung by his personal employees. 

Mayor London Breed tapped former prosecutor Brooke Jenkins as town’s new district legal professional in July. Jenkins give up the workplace below Boudin and labored for the recall marketing campaign towards him. She has sought to work extra carefully with the San Francisco Police Division and fired 15 staff, together with lots of the defendants named in Hayashi’s lawsuit.

Neither Boudin nor Jenkins might instantly be reached for remark. 

Hayashi labored within the unit – often known as the Impartial Investigations Bureau — which investigates police misconduct and shootings. She gained main consideration in January when she took the witness stand in a pre-trial listening to in a felony case towards San Francisco police Officer Terrance Stangel. He was accused of assault within the beating of Dacari Spiers in 2019.

Hayashi testified that she was directed by Assistant District Legal professional Hans Moore, the lead prosecutor, to take away elements of the arrest warrant affidavit that described Spiers abusing his girlfriend by a 911 caller.

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The decide discovered that her testimony didn’t corrupt the case and allowed it to proceed to trial. Stangel was discovered not responsible on all fees by a jury earlier this 12 months.

Hayashi, who’s at the moment on depart however nonetheless employed by the district legal professional’s workplace, later filed considered one of a number of whistleblower complaints towards the workplace.

She claimed that Boudin later publicly slandered her within the information media by suggesting she was a part of an “inside sabotage” after Stangel was acquitted. 

Hayashi’s courtroom accusation prompted a significant rift between Boudin’s workplace and San Francisco Police Chief Invoice Scott, who sought to terminate an settlement that gave the district legal professional’s workplace lead authority to analyze police use-of-force incidents and in-custody deaths.

Hayashi expanded on the accusations towards her former boss in her lawsuit, which mirrors accusations leveled by her former direct supervisor Jeff Pailet, who was fired by Boudin in 2020.

That case entails the police capturing of Sean Moore in Jan 2017. Moore was shot by Workplace Kenny Cha throughout a wrestle with officers outdoors his residence. 

Moore survived the capturing however died three years later whereas incarcerated at San Quentin State Jail due partially to the accidents from the police capturing, the coroner dominated. 

Boudin in 2020 charged Cha with voluntary manslaughter, assault and different fees. The case remains to be pending and Jenkins has not signaled how she’s going to proceed.

San Francisco awarded Moore’s household a $3.25 million civil settlement within the case. 

In her lawsuit, Hayashi mentioned she was ordered by two Assistant District Attorneys within the case to draft a search warrant for the cell telephones and computer systems of the officers within the case. Hayashi mentioned she was involved about “the dearth of possible trigger to help the search.” 

She added that the attorneys, two former public defenders who have been employed by Boudin, revised her warrant and “deleted nearly the entire exculpatory info together with germane details of the occasions at subject, together with the suspect’s assaults on the concerned officers previous to the capturing.”

Hayashi mentioned she introduced up the problem together with her supervisor, Jeff Pailet, whom she mentioned raised questions concerning the case and was fired by Boudin’s former Chief of Employees David Campos. 

Pailet later filed his personal lawsuit towards the district legal professional’s workplace final 12 months. 

Hayashi claimed she was later taken off the case in retaliation. 

Evan Sernoffsky is an investigative reporter for KTVU. Electronic mail Evan at evan.sernoffsky@fox.com and comply with him on Twitter @EvanSernoffsky