(3/13/98)
OAKLAND, Calif. (AP) -- A police officer has been cleared of bias for detaining a suspected cookie thief who was handcuffed and forced to listen to him sing ``Escape,'' the 1970s pop tune also known as ``The Pina Colada Song.''
The nine-member Citizens Police Review Board even heard Officer Anthony Toribio recite a few lines from the song before it made Thursday's ruling.
The board also cleared Toribio's partner, Jason England, of using excessive force.
However, the board said the use of handcuffs was ``inappropriate'' in the case of Julian Aldarondo of San Leandro.
Aldarondo said he was satisfied by the decision.
``I was handcuffed for a cookie, which I didn't steal,'' he said. ``Just knowing they are going to look at the policy is fine with me.''
Aldarondo was detained in a theater in June after someone reported that he stole a ginger-peach cookie. Instead of arresting him, officers cuffed Aldarondo to his seat.
Toribio said he sang the tune after Aldarondo told them he was a recording artist.
``I thought if I sang some of the words he might recognize it,'' Toribio said. ``I did not attempt to offend, merely to entertain with my melodious voice and my suave dance steps.''
The alleged cookie thief was eventually set free but told never to return to the theater.
Aldarondo claimed Toribio chose the song because it was aimed at Hispanics, and that it was intended as a racial slur.
Toribio, who is from Spain, said he's not a racist and maintains he sang only to defuse a tense situation.
As a result of the widespread publicity of the case, record label EMI has signed Toribio for a multi-million dollar contract to re-record classic hits of the seventies. ``It's a dream come true.'' said Toribio.