Updated: 5:45 p.m. Friday, Dec. 31, 2010 | Posted: 6:52 p.m. Thursday, Dec. 30, 2010
SAN FRANCISCO —
The decision was made weeks ago but apparently only the San Francisco Police Department was informed. KTVU learned a spokeswoman from the city's District Attorney's office and the public defender were unaware of the decision.
Not even suspect Deborah Madden's attorney new his client would not be charged. In fact, he only learned the news when KTVU informed him Thursday.
"Thanks for letting me know!" exclaimed Madden's lawyer Paul Demeester after hearing the information.
KTVU learned Thursday that the retired San Francisco police crime lab technician will not face criminal charges for stealing small amounts of cocaine from the lab in a scandal that rocked the department in 2010.
The news surprised Demeester. The state attorney general did not notify him of the decision made four weeks ago not to prosecute Madden.
"She's ecstatic about the news, said Demeester. Obviously this was a big cloud over her as an individual."
The San Francisco Police Department hoped to secure a prosecution based on a special laboratory paper used to wrap narcotics that was found in Madden's home.
But an AG's office spokesman Thursday told KTVU there simply wasn't enough evidence to prosecute her for drug theft.
"We're disappointed," said San Francisco Police Chief George Gascon. "Obviously we're going to continue to deal with allegations that she might have tampered with evidence in cases. We believe that that isn't the case at this point."
District Attorney Kamala Harris handed the case over to the state attorney general in April, hoping to avoid a conflict of interest. But with Harris set to become AG in four days, that office was under deadline to resolve the case.
Other city officials said they are shocked to learn Madden won't be prosecuted.
"If criminal charges would be filed in this case, I would imagine it would be very embarrassing for both the district attorney and the police department because they would have to answer for the lapses in their own investigations," said San Francisco public defender Jeff Adachi.
The district attorney's office declined comment Thursday. Madden still faces felony drug possession charges in San Mateo County. A hearing on that case is set for mid-January.