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Defense on offensive in police assault case

Marilyn Claessens
Tuesday June 20, 2000

Court dates are set for next month for Berkeley High graduate Keith Stephens, who was charged with two misdemeanors for his part in a June 1 brawl with two police officers. 

Stephens’ defense attorney Arthur Kennedy Mitchell of Oakland has filed a motion that will be heard July 18 in Judge Carol Brosnahan’s courtroom, and a pretrial motion is set for July 26. 

In his motion, the defense attorney is asking the judge for a court order to view the confidential personnel files of a police officer in the criminal case. In a request such as this, only the judge, the defense counsel and a court reporter are allowed to be present, said Deputy District Attorney David Lim. 

Lim said Stephens was charged with willfully and unlawfully using force and violence resulting in the infliction of injury upon a police officer engaged in the performance of duty and resisting, delaying and obstructing an officer. 

Defense Attorney John Burris, an associate of Mitchell, said he wants to know if the officers had any prior allegations against them for misconduct, excessive force or verbal abuse such as racial slurs. 

As for the pre-trial motion, Burris said, “for my end it’s under investigation. It seems outrageous on its face. It seems like a minor event, driving with expired plates, escalating into this kind of use of force.” 

According to the report of the Berkeley Police Department, Stephens made an unprovoked attack on officers Tim Gardner and Stan Libed when they left their patrol car to investigate the expired vehicle registration of his mother’s car. 

Stephens and members of his family, some of whom participated in the fight, say that the young man didn’t know a patrol car was behind him, got out of his mother’s car and was pushed back inside by Gardner. 

Outside the Berkeley courthouse Monday morning, Stephens talked of his plans to play football for San Francisco City College and become a Berkeley firefighter. 

“They just keep on setting dates,” he said. “Why can’t they just get it done now?”