San Diego

Defense rebuttal witnesses in the retrial of Sagon Penn will begin testifying today. The prosecution finished presenting its rebuttal witnesses Thursday.

The prosecution presented 14 rebuttal witnesses in addition to the 49 witnesses who testified in the last 11 weeks against Penn, 25, who is accused of shooting two San Diego police officers, one fatally, and a civilian ride-along.

Deputy Dist. Atty. Mike Carpenter wrapped up his case after telling San Diego Superior Court Judge J. Morgan Lester that the prosecution did not want to delve into the character of two former police officers, both black, who made racial accusations against wounded officer Donovan Jacobs.

Nathaniel Jordan testified last week that Jacobs once called him “a nigger” and that a sergeant had broken up a fight between the two. Billy Anderson testified that Jacobs mistreated a black youth in March, 1985.

Carpenter had asked to see the personnel files of both former officers, but that request was dropped.

“We made the decision not to get into it because what’s of interest to this jury is what happened on March 31, 1985, and not in 1982,” said Carpenter.

Carpenter’s remarks were sparked by complaints by Penn’s attorney, Milton J. Silverman, that subpoenas for other officers that Jacobs worked with were refused by the San Diego Police Department because he hadn’t given them five working days’ notice.

Lester last week issued a gag order instructing the attorneys not to talk to the press about the case.

The prosecution did present some witnesses to rebut Jordan and Anderson. Sgt. James Duncan denied breaking up a fight between Jordan and Jacobs and said he had no complaints about Jacobs acting in a racist manner.

A police payroll clerk testified that Jacobs was not working on any Saturdays before the March 31, 1985, shootings by Penn. Anderson said the incident with the youth occurred on a Saturday in March.

A black police officer who was Jacobs’ partner several years ago testified that he did not see any racist actions on the part of Jacobs. Jacobs has denied insulting Penn or anyone else with racial taunts.