Alleged Mendocino hit man refuses to testify

<p>UKIAH — The man Kenny Rogers allegedly hired to shoot a Mendocino Coast political rival signaled in court Thursday that he would not be testifying during Rogers’ attempted murder and conspiracy trial.</p><p>“Relax, it’s not going to happen,” Richard Peacock told Rogers as a deputy guided Peacock, shackled to a wheelchair, out of the Mendocino County Superior Court room.</p><p>Peacock made the comment after jurors had been asked to leave the courtroom where Rogers’ trial is underway. If he does eventually testify, Deputy District Attorney Tim Stoen could ask him about the comment.</p><p>Rogers is accused of hiring Peacock to shoot Alan Simon, who replaced him on Westport’s water and fire board as the result of a contentious 2004 recall effort. Simon also later voted to remove Rogers from his position as assistant fire chief in the town of about 80 full-time residents, located north of Fort Bragg.</p><p>The ousters embarrassed and enraged Rogers, who was politically ambitious and serving as chairman of the Mendocino County Republican Central Committee, Stoen contended when the trial began Wednesday.</p><p>Peacock was convicted in 2006 of attempted murder and other charges in connection with the shooting.</p><p>He fired nine bullets through the door of Simon’s Westport home the night of June 17, 2005, grazing Simon’s head and forearm. Peacock, who had a long criminal record and worked at Rogers’ Sacramento auto detailing shop, did not know Simon.</p><p>A decision is expected to be made Monday whether Peacock can be ordered to testify about things that could incriminate him, even though he already has been convicted.</p><p>But such an order also is unlikely to produce results.</p><p>Peacock, 59, already is serving a 70-year to life sentence for the shooting because of his past criminal record.</p><p>Judge Ron Brown noted that threatening someone with contempt of court when they’re already serving a long prison sentence may not be effective.</p><p>Peacock confirmed. “It’s a drop in the bucket,” he said.</p><p>Peacock was animated during his court appearance. He greeted jurors amiably as he was wheeled into the courtroom, dressed in black stripes and looking thinner and more neatly groomed than when arrested. He reportedly suffers from back problems and needs hernia surgery.</p><p>“How you guys doin’,” he said to the jury before they were removed following one of his several verbal outbursts.</p><p>Peacock joked with officers and erupted in anger when it was suggested that an attorney he doesn’t like represent him on the issue of testifying in Rogers’ trial.</p><p>“I’m not taking that broad for all the tea in China,” Peacock said.</p><p>Peacock and Rogers exchanged nods during his appearance.</p><p>The case against Rogers hinges on whether the prosecution can link him to Peacock’s actions.</p><p>Stoen has noted Peacock was a longtime acquaintance and employee of Rogers and that he did not know the victim. The .22-caliber Ruger used in the shooting was stolen in 2001 from a woman who told deputies at the time that she believed Rogers took it when he stayed at her home, according to court testimony.</p><p>In a 2005 videotaped interview with law enforcement that was shown in court Thursday, Rogers denied he had anything to do with the shooting and said he wouldn’t be surprised if Simon arranged it himself.</p><p>“I wouldn’t put it past him,” Rogers said.</p>