Cops vs. Cops

Starting on Sept. 7, Sanchez says, he began bringing witnesses before the grand jury. Gathering on Tuesdays and Thursdays, the jury held five such meetings, hearing from the 16 complainants/arrestees, police officials in custody of various official records, and representatives of the bail bond and Western Union companies.

Gudelj continued his investigation while the grand jury met, and officers continued to be called as grand jury witnesses. On Sept. 15, Landi was suspended by the department for refusing to attend an internal affairs interview, saying he wouldn't appear without the benefit of legal counsel.

"The only reason they got me is that I wouldn't cooperate the way they wanted on [Fagundes]," says Landi. "I've got nothing to tell, because nothing happened."

On Sept. 28, the grand jury voted to indict Fagundes, Landi, and Acevedo.
Deputy District Attorney Sanchez told the Chronicle at the time that in the grand jury sessions "virtually the same testimony came again and again from the [16] witnesses, and they didn't know each other."

Landi dismisses Sanchez's claim that the grand jury witnesses were strangers.

"That's not true," he says. "They all knew each other. They were dealing with each other, and when they weren't doing that, they were snitching each other off."

Confronted with Landi's assertions, Sanchez backs off from his earlier claim that his witnesses had independent recollections.

"There is some crossover involved," he says, although he notes he is still involved in reviewing all of the records involving the officers and the witnesses.

"There is a pattern," Sanchez says. "There was a relationship, almost, that's not inconsistent with what the officers were assigned to do. The police knew witnesses either through arresting them, or using them as informants. I've asked for every report in every case. We're still working on that. Because now we have to investigate everyone mentioned in every report."

"It doesn't surprise me to know that these people may have been informants," says Sanchez, who adds that he is still poring over the voluminous criminal histories of his witnesses in an effort to learn just who was connected to whom.

How credible will these witnesses be if brought before a jury? Currently suspended without pay and working as a part-time bartender in Marin County, Landi wants his trial sooner rather than later: The court plans to set the date by week's end.