Doctor’s Testimony Discounts Claim Penn Was Badly Beaten by Officers

For the second consecutive day, a medical professional said that Sagon Penn would have suffered more serious injuries if police officers had repeatedly beaten him with night sticks, as numerous witnesses have testified throughout Penn’s murder trial.

Dr. Barbara Groves said Thursday that even though Penn suffered multiple bruises, she did not observe any injuries that would indicate the suspect was struck in the back or used his arms to fend off a series of potentially lethal blows.

Defense attorney Milton Silverman sought to discredit Groves’ testimony by questioning her medical training and the procedures she used during a physical examination of Penn on the morning after he fatally shot one police officer and seriously wounded another.

In the middle of Groves’ testimony, Superior Court Judge Ben Hamrick refused her request to prohibit newspaper photographers from taking her picture. Groves said that she feared for her safety because several people contacted San Diego Physician’s and Surgeon’s Hospital to ask for her home telephone number after she testified last year at Penn’s preliminary hearing.

Penn, 24, is charged with murder in the March 31, 1985, slaying of San Diego Police Agent Thomas Riggs and attempted murder in the shootings of Agent Donovan Jacobs and civilian Sara Pina-Ruiz. Witnesses have testified during the six-week trial that both officers beat Penn repeatedly with their night sticks moments before the shootings. Penn claims that he acted in self-defense when he fired six shots at the three victims.

On Wednesday, an emergency-room nurse who assisted Groves during the physical examination testified that Penn was not severely beaten by officers. Elaine Hilliard described the many bruises and abrasions to Penn’s neck, back, arms and legs as resulting from “a minor tussle” with officers.

Groves told the jury that she had completed a surgery internship at Mercy Hospital. But under cross-examination, she acknowledged that Mercy Hospital does not offer a surgery internship program and that she rotated among half a dozen specialties during her two-year internship. Silverman pointed out that Groves dropped out of a four-year residency program after two months and has not taken the medical licensing examination to practice surgery.

Groves stated that she observed a mark on Penn’s forehead during the examination, but inadvertently failed to record the wound on medical records.

Groves, who earns $40 for each of the more than 100 physical exams she performs on criminal suspects each year, said that during the examination Penn complained of soreness on both sides of the back, the lower abdomen, left wrist and right hand. The physician said she usually inquires how patients sustained any injuries during an examination, but failed to ask Penn any such questions.

Silverman then informed Groves that a number of prosecution witnesses have testified that both officers took “full-blast swings” at Penn with their night sticks.

Replied Groves: “In my opinion, if one of those batons had been swung full-blast at Mr. Penn’s body, I would expect to see more extensive injuries. . . . I would not have been surprised to see a broken arm.”

Silverman showed Groves and the jury a videotape of Penn’s karate instructor blocking a baton blow with his arm. The defense attorney then asked Groves what she thought about the ability of a person skilled in the martial arts such as Penn to fend off baton blows without sustaining serious injuries.

Groves said she had not changed her mind and expressed skepticism that the karate instructor in the film had actually been struck with the night stick.