San Francisco Hall of Justice – Photo by David M. Greenwald
SAN FRANCISCO, Calif. — A San Francisco jury has acquitted 38-year-old Pierre Constant of all charges after he spent more than 18 months in jail for an attack prosecutors alleged he committed. According to a press release, allegations of police misconduct and prosecutorial delays have raised broader concerns about wrongful convictions and due process.
The case stemmed from a September 2024 altercation in the Tenderloin, where a man was attacked with a blade during a street dispute. According to the press release, surveillance footage captured part of the incident, showing an individual turning toward the victim, striking him with what appeared to be a blade, picking up the victim’s phone and fleeing on a bicycle.
The release stated police recovered the phone nearby and tested it for DNA. Sgt. William Elieff, an SFPD investigator, obtained a single surveillance video of the incident, which he used to issue a be-on-the-lookout bulletin describing the suspect as a Black male, bald, clean-shaven and in his 40s.
The press release also stated that additional cameras were present in the area that could have provided more footage, but Elieff did not attempt to obtain it.
According to the release, despite having limited evidence, officers arrested Constant eight days later, reportedly identifying him based on “facial features and build.” Body-worn camera footage cited in the release includes an officer stating, “He looks close enough.”
The release further alleged officers violated department policy by turning off their body-worn cameras while discussing the suspect’s identity. When the cameras were turned back on, an officer is recorded asking, “How do you want me to write it?” according to the release.
The press release also highlighted alleged flaws in the lineup shown to the victim. Instead of selecting individuals who matched the suspect description from surveillance footage, investigators allegedly constructed the lineup based on Constant’s appearance, making him stand out.
Additionally, the release stated the lineup was not conducted “blind,” as required, because the lead investigator remained in the room while the victim made the identification.
According to the press release, the District Attorney’s Office failed to turn over key evidence supporting Constant’s innocence in a timely manner. This included DNA results showing Constant’s DNA was not found on the victim’s phone, as well as medical records indicating the victim was under the influence of drugs, alcohol and experiencing hallucinations at the time of the incident, the release stated.
The release noted that although investigators reportedly received DNA results in November 2024, the prosecution did not provide them to the defense until January 2026, just days before trial. The release also stated emails regarding this evidence went unanswered for months while Constant remained in custody.
The press release stated prosecutors also redacted portions of the victim’s medical records before providing them to the defense, removing references to intoxication and impairment that could have affected the victim’s ability to accurately identify the assailant.
A judge later ordered the unredacted records to be disclosed, but no additional remedies were provided, according to the release.
The release stated defense counsel moved to dismiss the case based on those issues, but the judge denied the motion and did not allow the defense to inform the jury about the delayed disclosure of DNA evidence.
According to the press release, after a two-month trial that included several weeks of testimony, the jury deliberated for less than four hours before returning not guilty verdicts on all charges, including attempted murder, second-degree robbery and aggravated mayhem.
The press release framed the case as an example of systemic failures within the criminal legal system, citing unreliable eyewitness identification, violations of police procedures and delayed evidence disclosure. Deputy Public Defender Jared Rudolph, who represented Constant, stated that “this case was a clear example of wrongful arrest and wrongful prosecution.”
The release concluded with a statement from San Francisco Public Defender Mano Raju: “Our public defenders are carrying the largest workloads in the Bay Area, in part because of poor police investigations and prosecutors mishandling cases.”
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Categories: Breaking News Everyday Injustice San Francisco Court Watch Tags: Criminal Justice DNA Evidence Police Misconduct Public Defender San Francisco Wrongful Conviction