Gonzalez and Leigh Request Release
of Fatal Night Club Shooting Police Reports

A letter penned to SFPD Chief George Gascón requests the release of police reports relating to a July 11 fatal shooting outside Jelly's restaurant and dance cafe. File photo by Luke Thomas.

By Luke Thomas

July 25, 2010

Attorneys representing Jelly’s restaurant and dance cafe have requested the release of police reports related to a July 21 fatal shooting outside the Mission Bay entertainment establishment.

In a July 23 letter to SFPD Chief George Gascón, Gonzalez and Leigh attorney Whitney Leigh requests the release of the police reports to correct “serious and false allegations that have appeared in recent media reports.”

At issue is whether the incident began inside or outside Jelly’s.

“We write to request the police department’s assistance in correcting serious and false allegations that have appeared in recent media reports concerning a fatal shooting that took place in the early morning of Sunday, July 11, 2010,”  Leigh states. “Specifically, several news articles have falsely reported that the shooting began with an altercation or argument inside of Jelly’s and that Jelly’s consequently can be faulted for the incident. This allegation is false; no altercation or argument connected to the shooting occurred inside Jelly’s.”

Though police are not obligated to immediately release police reports to the public, Leigh contends their release is necessary to provide his client an adequate defense during an upcoming July 27 permit review hearing by the San Francisco Entertainment Commission. Jelly’s operating permit was suspended July 12. Its lease agreement with the Port of San Francisco was terminated July 20.

According to Leigh, homicide detectives investigating the case have confirmed inaccuracies in media reports that relied on police statements. Those media reports allege the altercation began inside the nightclub.

“I am informed that the homicide inspectors handling the July 11 incident have confirmed the inaccuracy of these reports. But these false and misleading allegations already have had, and continue to impose, a significant, immediate and detrimental impact on Jelly’s business; both the San Francisco Entertainment Commission and the Port of San Francisco have already initiated actions against Jelly’s based on these false statements,” Leigh states.

Letter in Full

Chief of Police George Gascón
San Francisco Police Department
850 Bryant St., #525
San Francisco, California 94103

BY U.S. MAIL AND FACSIMILE

Dear Chief of Police Gascón:

This office represents the owners and operators of Jelly’s, a business located on Pier 50 in San Francisco. We write to request the police department’s assistance in correcting serious and false allegations that have appeared in recent media reports concerning a fatal shooting that took place in the early morning of Sunday, July 11, 2010. Specifically, several news articles have falsely reported that the shooting began with an altercation or argument inside of Jelly’s and that Jelly’s consequently can be faulted for the incident. This allegation is false; no altercation or argument connected to the shooting occurred inside Jelly’s.

I am informed that the homicide inspectors handling the July 11 incident have confirmed the inaccuracy of these reports. But these false and misleading allegations already have had, and continue to impose, a significant, immediate and detrimental impact on Jelly’s business; both the San Francisco Entertainment Commission and the Port of San Francisco have already initiated actions against Jelly’s based on these false statements.

As one of only two women-owned businesses operating in the Port of San Francisco, Jelly’s personnel have worked hard to establish Jelly’s reputation as an upstanding business and good neighbor. Captain Greg Suhr, of the Hunter’s Point Bay View Police Station, will attest to Jelly’s efforts to work with the police department and to promptly respond to concerns expressed by the department and the community. But despite these efforts, Jelly’s may face closure based upon the inflammatory and false reports recently disseminated in the media.

For these reasons, we are requesting access to the police reports relating to the July 11 incident. We need access to those reports so that we can present them at the Tuesday, July 27, 2010 hearing that has been scheduled by the Entertainment Commission concerning this matter. We understand that because of the nature of police investigations, certain portions of the reports may not presently be publicly available. If the police reports cannot fully be disclosed, we would alternatively request that you notify us when the police reports will become available, so that we can inform the Commission and the Port. Finally, we request that the police department provide a letter correcting the record that we may submit at Tuesday’s hearing.

We appreciate your attention to this matter. Please contact me if you have any questions or if Jelly’s can be of further service related to this matter.

Very Truly Yours,

GONZALEZ & LEIGH, LLP
G. Whitney Leigh

cc: Greg Suhr, Captain, Hunter’s Point-Bayview Police Station, Jocelyn Kane, Executive Director, San Francisco Entertainment Commission, Rodney A. Fong, President, Port of San Francisco, David Pfeiffer, San Francisco District Attorney’s Office (copies by facsimile only)

Luke Thomas

Luke Thomas is a former software developer and computer consultant who proudly hails from London, England. In 2001, Thomas took a yearlong sabbatical to travel and develop a photographic portfolio. Upon his return to the US, Thomas studied photojournalism to pursue a career in journalism. In 2004, Thomas worked for several neighborhood newspapers in San Francisco before accepting a partnership agreement with the SanFranciscoSentinel.com, a news website formerly covering local, state and national politics. In September 2006, Thomas launched FogCityJournal.com. The BBC, CNN, ABC, NBC, CBS, Fox News, New York Times, Der Spiegel, San Francisco Chronicle, San Francisco Magazine, 7x7, San Francisco Examiner, San Francisco Bay Guardian and the San Francisco Weekly, among other publications and news outlets, have published his work. Thomas is a member of the Freelance Unit of the Pacific Media Workers Guild, TNG-CWA Local 39521 and is a member of the Society of Professional Journalists.

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