In Epps Trial, Concerns Over Prosecutorial Misconduct and Political Agendas

November 27, 2025

Kevin Epps, a 57-year-old journalist and Executive Editor of SF Bayview newspaper, is currently standing trial in San Francisco for the 2016 shooting death of Marcus Polk, a homeless registered sex offender who entered Epps' home. The murder charge was initially dropped by the District Attorney in 2016 due to insufficient evidence, but the case was controversially reopened in 2019 after prosecutors commissioned a digital animation reconstruction, despite the Chief Medical Examiner's testimony that exact bullet trajectory cannot be determined. Epps maintains he acted in self-defense under California's Castle Doctrine when Polk, who had a history of violence and methamphetamine use, allegedly threatened him and refused to leave his residence.

Who is affected

Kevin Epps (defendant, journalist, Executive Editor of SF Bayview)
Marcus Polk (deceased victim, homeless man and registered sex offender)
Maryam Jhan (Epps' wife)
Star Gul (Jhan's sister, Polk's estranged wife)
The children of both families living in the residence
San Francisco's Bayview-Hunters Point African American community
SF Bayview newspaper staff and readers
Maintenance workers who were threatened by Polk
The Northern California Society of Professional Journalists
Criminal defense attorneys Mark Vermeulen and Darlene Comstedt
Prosecutors Michael Swart and Jonathan Schmidt
Various witnesses including police officers, forensic experts, and family members

What action is being taken

The murder trial is currently ongoing in San Francisco (opened November 10, with an end date of December 18)
The prosecution is calling various witnesses including police officers, CSI technicians, forensic toxicologists, and maintenance workers
The defense is cross-examining witnesses and challenging the prosecution's narrative
The judge is conducting closed sessions with lawyers regarding evidentiary matters
Epps' supporters are mobilizing, planning a press conference on the courtroom steps and gathering statements from social justice and civil rights organizations
The trial is set to resume on Thursday November 20, with additional witnesses expected to testify

Why it matters

This case carries significance on multiple levels. It tests the boundaries of California's Castle Doctrine self-defense law in a complex domestic situation involving a homeowner and an intruder with a violent criminal history. The trial scrutinizes the validity and ethical use of digital forensic animations in criminal proceedings, particularly when such evidence contradicts expert medical testimony and has been excluded in previous high-profile cases. Additionally, the case raises questions about potential prosecutorial misconduct and selective prosecution, especially given the controversial decision to reopen a case that was initially dismissed for insufficient evidence. For San Francisco's shrinking African American community, the trial represents broader concerns about unequal justice, the criminalization of self-defense in Black households, and possible political targeting of prominent Black media figures amid ongoing gentrification pressures.

What's next

The trial is set to resume Thursday November 20
Star Gul and her daughter Melina Polk are scheduled to take the stand
Digital animator Jason Fries is expected to testify as a remaining witness
Chief Medical Examiner Dr. Christopher Liverman is expected to testify
The defense must decide whether Epps will take the stand on his own behalf
The court will rule on whether the defense can present the "Peak Fear Response" theory by neuropsychologist Dr. Laeeq Evered
A decision is pending on whether more of Polk's drug use records will be admitted through subpoenaed parole records
The trial has an end date of December 18
Epps' supporters are planning a press conference on the courtroom steps (timing not specified)

Read full article from source: The San Diego Voice & Viewpoint