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SF Cops Cleared in Porno Assault Trial

San Francisco — Two San Francisco police officers were cleared of wrongdoing Friday in the arrest of a 76-year-old man who allegedly threatened his estranged wife for refusing to watch an X-rated movie with him.

The San Francisco Superior Court jury of nine women and three men deliberated for only 10 minutes before finding in favor of the officers in the unusual case filed by Raymond J. Miller, a retired Municipal Railway superintendent and port worker, who accused officers of barging into his house and breaking his arm while he was peacefully watching pornography.

“We’re gratified that a San Francisco jury needed only 10 minutes to clear the officers from Mr. Miller’s outrageous allegations,” said Deputy City Attorney Daniel Zaheer, who represented the officers. “We felt that Mr. Miller’s allegations had no foundation at all and we’re thankful that good cops can protect the safety of domestic abuse victims like Mrs. Miller without having to fear frivolous lawsuits.”

The 270-pound Miller claimed officers Kevin Rightmire and Stephen Coleman used excessive force the night of Jan. 7, 2006, after his wife called 911 from their Potrero Hill home. He claimed he was sitting in an easy chair in the living room of his home on Texas Street, drinking and watching the movie when the officers burst in, pushed him to the ground and handcuffed him. He was asking for $50,000 in damages because, he said, the officers broke his arm and cut his wrists when they lifted him by the cuffs.

Miller testified during the trial that he had simply invited his wife of 35 years, Jean Miller, to watch a “sexually explicit” movie, but that she decided she didn’t like it and instead called 911 for “no reason.”

Mrs. Miller said, on the other hand, that she and her husband had long been separated and that she had refused his request to watch pornography and have sex. He began swearing, she said, pushed furniture at her and threatened to kill her. When she called 911, she said, her husband wrestled the telephone away, which he denied. What’s clear is that a 911 call was made and it was disconnected, which automatically prompted a police response to their home.

When officers arrived, Mr. Miller, who appeared to have been drinking, was wearing only swim trunks and watching pornography, according to court testimony. He began screaming and cussing when the officers approached him and then moved toward the officers in a threatening manner, prompting the takedown.

Zaheer said the “minor chip fracture” on Miller’s elbow may not even have been caused by the officers. “The plaintiff never proved what it was from,” he said. “There was testimony that perhaps it was an old fracture.”

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