Suspect In Homeless Killings Released From Jail

ANTHONY PADGETT IS A FREE MAN BUT SAN DIEGO POLICE WON'T SAY HIS ARREST WAS A MISTAKE. HE WAS TAKEN INTO CUSTODY LAST WEEK IN CONNECTION WITH THE MURDERS OF THREE HOMELESS MEN AND AN ATTACK ON A FOURTH. POLICE SAY THEY HAD PROBABLE CAUSE TO BRING HIM IN BUT YESTERDAY INVESTIGATORS RELEASED HIM SAYING THERE WAS NOT ENOUGH EVIDENCE TO CHARGE HIM. WHAT IS THE ARREST AND RELEASE OF HIM TELL US ABOUT THE PLEASE WORK THAT WENT TO THE INVESTIGATION AND ABOUT THE THREAT THAT REMAINS. JOINING ME IS DISTRICT ATTORNEY PAUL THINKS A CRIMINAL DEFENSE ATTORNEY AND PARTNER IN THE LAW FIRM.  WELCOME.  IN YOUR OPINION, IS THE SEQUENCE OF EVENTS IN A HIGH-PROFILE CASE UNUSUAL?  IS UNUSUAL AND AWKWARD FOR THE HOMICIDE DIVISION OF THE SAN DIEGO POLICE DEPARTMENT AND IT CREATES A LOT OF QUESTIONS THAT DESERVE ANSWERS. I THINK THERE ARE SOME LEGITIMATE ANSWERS IN THIS CASE THAT MAKE THIS PARTICULAR SET OF FACTS SO DIFFERENT THAT OTHER HOMICIDES I'VE SEEN OVER A CAREER OF FOUR YEARS.  WHAT YOU THINK LED TO IT?  THERE WAS A BINGE OF KILLINGS. ONE AFTER ANOTHER, DAY AFTER DAY. YOU DO NOT SEE THAT IN SERIAL KILLERS HISTORICALLY ACROSS THE COUNTRY. WHEN THE BINGE TO PLACE, THE CLOCK WAS TICKING FOR SAN DIEGO POLICE DETECTIVES ANYWAY I'VE NEVER SEEN A CLOCK TICK BEFORE BECAUSE THEY ARE AFRAID TOMORROW WILL BE ANOTHER PART OF THE BINGE. WHAT DO YOU DO WHEN YOU HAVE A VIDEO THAT LOOKS LIKE THE GUY? THE GUY LOOKS LIKE HE HAS A HISTORY CONSISTENT WITH THIS AND YOU HAVE A WHOLE BUNCH OF PHYSICAL EVIDENCE WORKED ON BY TECHNICIANS AT THE SAN DIEGO LAB? THEY MADE THE DECISION TO TAKE HIM IN AND TAKE A LOOK AT EVIDENCE AND THEY BELIEVE THE EVIDENCE WOULD CONNECT HIM TO ONE OF THE KILLINGS AND THE CASE COULD RESULT. THEY WERE APPARENTLY WRONG. CAN YOU BLAME THEM FOR SAYING, WE ARE AFRAID BODIES WILL SHOW UP WHILE WE'RE PROCESSING EVIDENCE AND PEOPLE WILL SAY TO US WHY DIDN'T YOU TAKE IT AND WHILE THE EVIDENCE WAS BEING PROCESSED OR YOU COULD DO CRITICIZE THEM FOR TAKING HIM PREMATURELY AT EVIDENCE TURNS OUT TO BE A DRY HOLE. VERY TOUGH CALL FOR THE  ONE OF THE THINGS POLICE SAY, THEY HAD PROBABLE CAUSE. WHAT DOES THAT MEAN? WHAT IS IT ACTUALLY?  PRAGMATICALLY IT MEANS WE CAN BE SUED. PROBABLE CAUSE MEANS THERE'S ENOUGH SUSPICION TO JUSTIFY AN ARREST. THAT'S NOT THE STANDARD WE USE WHEN WE ARREST PEOPLE FOR MURDER. WHEN WE ARREST PEOPLE FOR MURDER IN SAN DIEGO COUNTY AND THROUGHOUT THE COUNTRY, YOU GO TO THE DA AND SAY WE HAVE CASE YOU CAN CONVICT HIM. PROBABLE CAUSE MASON AUTHORIZED ILLEGAL ARREST BUT NOT ENOUGH TO GET A CONVICTION. WHAT WE DON'T KNOW IS A RELATIONSHIP BETWEEN THE HOMICIDE INVESTIGATORS AND THE DAS OFFICE AND DEPUTY DA INVOLVED IN THE CASE AND RESEARCHWORKS AND SO ON. AND WHAT THE DYNAMIC WAS BETWEEN THEM. THAT'S BEHIND THE CURTAIN AND UNLIKELY WE WILL EVER KNOW IT.  SAN DIEGO TRIBUNE REPORT SAID ANTHONY PADGETT WAS A DEED BY -- I DEED INVOLVED IN THE CASE WHERE HE WAS ARRESTED AND CONVICTED FOR SELLING A MAN ON FIRE. IS THAT PROBABLE CAUSE?  YES. ENOUGH OF A CONVICTION? OBVIOUSLY NOT BECAUSE THEY HAD LET THEM GO. WHAT WE DO NOT KNOW IS CRITICAL, THEY SAY WE HAVE EXCULPATORY INFORMATION INDICATING PERHAPS HE DID NOT DO THIS BUT THEY HAVEN'T TOLD US WHAT THAT IS. FOR EXAMPLE IT COULD BE AN ALIBI. MAYBE THE PARTYMAN AND HE SAID HE WAS SOMEPLACE ELSE AND WITNESSES SUPPORT THAT. WE DON'T KNOW WHAT IT IS WHICH LEADS TO A SERIOUS COUNTRY IF YOU ARE PADGETT. THE SAN DIEGO POLICE FIREMEN SAID WE BELIEVE HE WAS A SERIAL KILLER.  THAT'S ABOUT AS SERIOUS AN ACCUSATION YOU CAN MAKE.  THEN WE RELEASE THEM. INSTEAD OF RELEASING A THING IS CLEAR THEY SAY WE HAVE EXCULPATORY INFORMATION WHICH WE WILL NOT TELL YOU ABOUT. WE HAVEN'T RULED OUT THAT HE MAY BE A SUSPECT IN THE FUTURE SO THIS FELLOW IS WALKING ALONG THE STREET WITH EVERYONE WONDERING WHETHER HE IS A SERIAL KILLER OR NOT. THAT'S A VERY UNPLEASANT SITUATION. WHY WOULDN'T THE POLICE SAY THEY ARRESTED THE MOMENT? THEY WENT OUT OF THEIR WAY TO SAY THEY DID NOT DURING A NEWS CONFERENCE YESTERDAY.  THERE'S DIFFERENT LEVELS OF EXCULPATORY INFORMATION. SOME THAT PROVES DEFINITIVELY YOU DID NOT DO THIS. THEN THERE'S OTHERS WHICH INDICATES MAYBE YOU DID NOT DO THIS BUT IT'S NOT CONCLUSIVE. WE DON'T KNOW WHAT TYPE OF EXCULPATORY INFORMATION THE POLICE DEPARTMENT HAS WITH RESPECT TO HIM. WERE NOT IN A POSITION TO MAKE THAT IF A MISSION. PERHAPS WE SHOULD. PERHAPS THERE MAY BE SOME CRITICISM. TELL US ABOUT THE EXCULPATORY INFORMATION BECAUSE IF THIS IS NOT THE PERSON, EVERYBODY AROUND HIM HAS A RIGHT TO TAKE AND EXHALE AND NOT WORRY ABOUT HIM KILLING THEM. IF IT'S NOT THAT, SHOULD BE TRAILING THE SKY AROUND. IT'S A VERY AWKWARD SITUATION THAT COMES BACK TO WHERE WE STARTED. THE CLOCK IS TICKING WITH SO MANY DEAD BODY SHOW UP, DAY AFTER DAY AFTER DAY. INACTION IS UNACCEPTABLE.  DOES THE ARREST BUT FUTURE PROSECUTION AGAINST A SUSPECT? IT DOES. THERE'S NO QUESTION. IF SOMEONE ELSE GETS ARRESTED. IF THE DA TRIES TO PROSECUTE, A DEFENSE ATTORNEY WOULD SAY, LOOK, THERE'S A REASONABLE DOUBT BECAUSE THEY ARRESTED SOMEBODY ELSE AND THE MEALS WAS IDENTIFIED IN THE VIDEO AND IS AND THAT REASONABLE DOUBT BECAUSE THEY HAD TROUBLE WILL CAUSE TO ARREST HIM AND IT DOESN'T DO THAT CREATE REASONABLE DOUBT.  YES. IT DEPENDS ON WHAT CASE THEY HAVE AGAINST WHOEVER'S IS ARRESTED. IF THE CASE IS A CONFESSION WHERE HE OUTLINES WHAT HE DID AND WHY, THIS WON'T BE A BIG DEAL. IF IT'S A CIRCUMSTANTIAL CASE, THIS MAY BE A BIG DEAL.  IF ANTHONY PADGETT WAS YOUR CLIENTS, WHAT WOULD YOU TELL HIM TO DO NOW?  TIDE. GET AWAY FROM PEOPLE. BUT HAVE A WITNESS AROUND WHEREVER YOU ARE. IF SOMEBODY ELSE SHOWS UP BEING BURNED AND KILLED, YOU WANT TO MAKE SURE THERE'S SOMEBODY WITH YOU WHO CAN TESTIFY IT WASN'T YOU. DO NOT TO BE ALONE AND ROAM THE STREETS. GO SOMEPLACE AND HOLE UP AND HOPEFULLY IF YOU HAVE AN ALIBI AND OTHER PEOPLE ARE COMMITTING THESE KILLINGS, YOU CAN FINALLY SAY IT'S NOT PADGETT. THAT'S ASSUMING HE'S INNOCENT. THE CONTRARY IS SUPPOSING HE IS GUILTY. I'M SAYING THIS BUT I'M SURE THE SAME ADVICE ARISES. SINCE WE KNOW SO LITTLE ABOUT THE INTRICACIES OF THE CASE AND THE PHYSICAL EVIDENCE AND OTHER EVIDENCE AVAILABLE ON THESE MURDERS, IT'S REASONABLE FOR US TO RELY UPON THE POLICE TO MAKE THE BEST JUDGMENT THEY CAN UNDER CIRCUMSTANCES THAT ARE HORRIBLE FOR THEM. I'VE BEEN SPEAKING WITH SAN DIEGO CRIMINAL ATTORNEY. THANK YOU.  THANK YOU FOR JOINING US FOR THIS SPECIAL BROADCAST OF KPBS MIDDAY EDITION. YOU CAN JOIN US TOMORROW AT NOON AND IF YOU HAVE MISSED A SHOW YOU CAN CHECK OUT THE PODCAST AT KBSN MISSED A SHOW YOU CAN CHECK OUT THE PODCAST@KBSN.ORG. I AM MAUREEN CAVANAUGH.