Almaden Resident
News
Photograph by Robert Meggers
Asking for Justice: Sandy Fontana speaks with husband Tony during a memorial service last year for their son Officer Jeffery Fontana who was gunned down in 2001. The trial of his accused murderer was scheduled to begin Dec. 7, 2005, but was postponed.
Community frustration over Fontana case grows
By Eli Segall
It's a common destination for Almaden residents. Locals come every day to this neighborhood park for a light jog, to have a picnic, or to just sit and relax.
Jeffrey Fontana Park, at Golden Oak Way and McAbee Road, offers more than just peace and quiet. It is a daily reminder of a tragic death, and of a case that has dragged through the justice system for more than five years. Every October, on the anniversary of the killing, hundreds of community members gather at the site for a candlelight vigil to honor the man for whom the park is named. This year was no different.
It was Oct. 28, 2001, when rookie San Jose police officer Jeffrey Fontana, 24, was shot and killed while on patrol on Calle Almaden, a cul-de-sac near the intersection of McAbee Road and Almaden Expressway. Less than two weeks later, police arrested DeShawn Campbell, now 27. Five years later, however, not only has the case not gone to trial, there isn't even a scheduled trial date.
The lack of progress has left some community members baffled.
"The courts should move on this. I don't understand what the holdup is," said Lambert Calvert, who walks his dog every day in Fontana Park. Calvert lives on Redmond Avenue and heard the fatal gunshot from his house.
"He was such a young kid. It's just a horrible waste of life," he added.
Campbell is now serving nearly 20 years in prison for crimes unrelated to the Fontana case, but because of a gauntlet of legal hurdles from defense attorneys, he has yet to face judge and jury over the killing.
The latest claim--that Campbell suffers from a genetic mental disability--was filed in June.
"It's preposterous for the case to be pending almost five years, then all of a sudden, they claim he's mentally retarded," said Lane Liroff, the prosecuting attorney in the case. "This was never an issue before."
The prosecution is seeking the death penalty for Campbell. While death penalty cases normally experience delays, with motions to postpone sentencing and execution, Liroff called the delays in this case excessive.
"The length of time to take this to trial is inappropriate for any case, let alone one involving the death of a police officer," Liroff said.
The apparent irony of a trial for the death of a policeman tied up in the courts is not lost on community members.
"He gave his life in the line of duty," said Suzanne Schall, who lives near the intersection of Camden and Meridian avenues. "A trial would at least validate this man's sacrifice."
Fontana graduated from the police academy in April 2001 before moving on to three months of field training. He was on a solo beat for only a few weeks when he was gunned down, the first death of a San Jose officer in 12 years, and the last since.
Police remain the most frustrated at the continued postponement.
"Victims' rights are taking a back seat to a process we believe is being slowed down," said Rob Davis, San Jose chief of police. "We want to guarantee the suspect a fair trial, this is a matter of actually getting to trial."
"Jeff died for a justice system he believed in, and it's ironic that this same system is now letting him down," he added.
