Commission subpoenas retired Captain Richard Bruce in Hurley/Lewis disciplinary matter; declines subpoenas for several other officials

The San Francisco Police Commission on June 9 voted to issue a subpoena compelling retired Captain Richard Bruce to appear at the disciplinary proceedings involving Officers Wendy Hurley and James Lewis. The presiding officer declined to issue subpoenas for former Chief Heather Fong and Mayor Gavin Newsom and recommended against subpoenas for a retired deputy chief; commissioners then voted to subpoena Captain Bruce.

The matter developed during a pretrial telephone-conference style session where defense counsel pressed for attendance of four non-department witnesses — retired Chief Heather Fong, retired Captain Richard Bruce, Officer Andrew Cohen and Mayor Gavin Newsom — asserting relevance and asserting that the defense had not received certain evidence and witness contact information. Department counsel objected, arguing those officials had no direct, relevant knowledge and noting much material had been produced in prior civil litigation.

Presiding officer (Commission President Joe Marshall) said he would order notices to appear for current department officers the defense listed but reserved ruling on subpoenas for non-department witnesses. After hearing arguments he recommended a subpoena for Captain Bruce only, saying the defense had alleged possible relevance as to Bruce, while he did not find sufficient basis to compel attendance by Chief Fong or Mayor Newsom.

The Commission recorded votes with recusals noted; the roll call shows Marshall voting aye, and at least four other seated commissioners voting to issue the Bruce subpoena. The hearing calendar was set for the coming weeks; the presiding officer scheduled a follow-up telephone conference to resolve remaining pretrial issues and reminded parties they may introduce sworn declarations or deposition transcripts for admissibility consideration.

Defense counsel said the subpoenas were necessary to ensure a complete record and to examine who authorized production of a controversial video at issue in the discipline cases. Department counsel argued the defense had had prior opportunities to obtain depositions in civil litigation and warned against relitigating issues already adjudicated in federal court.

The Commission also discussed procedure and compliance with its witness-notice rules: the presiding officer noted parties may ask for reconsideration next week if they object to his rulings and invited submission of deposition transcripts and sworn declarations for admission at hearing.