November 2, 2006

Seeking justice for a fallen officer

Delays in trial anger family, police, officials and community

By Julie Davis Berry
Executive Editor

Every anniversary since he was gunned down on a quiet cul-de-sac in Almaden Valley on Oct. 28, 2001, Jeffrey Fontana’s family has held a solemn candlelight vigil in hopes of bringing attention to their fallen son.

A podium was set up adjacent to a statue of Jeffrey Fontana in the park that bears his name. At right is a photo of the 24-year-old police officer who lost his life in the line of duty

When it had been just two, then three years since the San Jose Police Officer was killed, the mood of those assembled was of frustration that the wheels of justice were turning so slowly. Saturday night, on the fifth anniversary of his death, as hundreds of people walked from the scene of Fontana’s death on Calle Almaden to the park a few blocks away which now bears his name, there was a palpable sense of anger towards the system which has still not brought Fontana’s alleged killer to trial.

Family spoke openly of the anger they feel about the long delay to bring suspect DeShawn Campbell to trial for Fontana’s murder. “I thought there was promise in the system but I am disappointed and angry,” said Fontana’s father Tony. “Does the right of the victim and their families end with their deaths?”

At the crux of the case is a relatively new claim the defense has put forth that Campbell is mentally disabled. If that is proven to be true, Campbell, could not legally be given the death penalty. The case is now being handled by a second judge, Judge Diane Northgate, who has granted Campbell’s attorney Ed Sousa several continuances to address the issue. Sousa claimed in a Mercury News article that the case would have come to trail long ago if the prosecution wasn’t seeking the death penalty.

Sandy and Tony Fontana have waited five long years for the suspect in their son’s death to be brought to trial. They have vowed to hold a candlelight vigil each year until their son’s killer has been brought to justice. Photo by Julie Davis Berry

A clearly exasperated Police Chief Rob Davis addressed the assembled crowd, which included many members of his police force, along with fire department personnel and city officials. “Three years ago I said to the Fontanas, ‘have faith in the system.’ Last year I said same thing. Now we’re here again five years later saying the same thing…it’s been too long. Isn’t it ironic that Jeff laid down his life to uphold the same legal system that is now letting him down?”

“When a police officer falls,” he continued, “all of us fall. We’re calling on those who can get the system moving to get the system moving.”

Mayor Ron Gonzales remembered when he first heard of the young officer’s death. “The two most difficult moments in my eight years as mayor were when I had to deal with the deaths of two police officers who lost their lives in the line of duty. I hope that whoever takes over my place never has to do that.”

Superior Court Judge Delores Carr addressed the crowd and said that she had been invited to speak by the family. Carr, who is married to a SJPD lieutenant, is running for the office of Santa Clara County district attorney.

“Justice delayed is justice denied and to all of those who go every day to serve this community. I can only begin to understand how it is to have one our own not be given justice…I will never forget what it means to all of us and how [Fontana] represents every victim waiting for justice in our community.”

Saturday night, on the fifth anniversary of his death, as hundreds of people walked from the scene of Fontana’s death on Calle Almaden to the park a few blocks away which now bears his name, there was a palpable sense of anger towards the system which has still not brought Fontana’s alleged killer to trial. Photos by Julie Davis Berry

SJPD Lt. Scott Cornfield took the opportunity to address the assembled crowd and announce the formation of a new nonprofit foundation, which has been formed to support the police department’s efforts in the community. The initial fund-raising effort of the San Jose Police Foundation will focus on providing trauma kits to each officer on patrol, which can be used to help other or themselves. The foundation also plans to raise funds in support of the Police Activities League. Initial members of the foundation’s board of directors reads like a who’s who of San Jose movers and shakers including Pat Dando, Bill Del Biaggio, Jim Cunneen and Leigh Weimers.

A mother’s words
Toward the end of the long line of speakers, Fontana’s mother, Sandy, spoke briefly and thanked Deputy District Attorney Lane Liroff. “I want you all to know that Lane Liroff has been there for us every step of the way and none of this is his fault. Hopefully we won’t be here next year. Once we have a trial and this is over we will cease these vigils. Just remember we need to get this ended.”

Jeffrey Fontana’s friend Chris O’Connell wrote and performed a song about his late friend titled, “One Good Man Gone.”

Although he did not speak at the event, Liroff, was in the audience Saturday night. He said that he was appreciative of the kind comments of the police chief and of Sandy Fontana. “I remain, as does our office, totally devoted to this case,” said Liroff. “I am very frustrated that this has taken such a long time. The justice system has let these victims down and they have a right to feel cheated.”

The vigil ended when a friend of Fontana’s, Chris O’Connell, got up with his acoustic guitar to play a solemn song he wrote about the frustration he feels about the slow wheels of justice which was titled appropriately enough, “One Good Man Gone.”

For more information on the San Jose Police Foundation, visit www.sanjosepolicefoundation.org or contact Lt. Scott Cornfield at the San Jose Police Foundation, 310 S. First St., San Jose, CA 95113; or by phone at (408) 291-5257.