ARGUMENTS OPEN TRIAL IN SIMI KILLING : PROSECUTORS CALL TUFFREE ANGRY, WITH POLICE GRUDGE.

Byline: Michael Coit Daily News Staff Writer

Prosecutors opened the trial for Daniel Tuffree on Monday by describing the former teacher as an angry man who didn't like the Simi Valley police and intentionally killed Officer Michael Clark on a hot August afternoon last year.

Backed by an elaborate scale model of Tuffree's home, Deputy District Attorney Pete Kossoris told the jury that Clark was called to Tuffree's home following a mental health worker's request for police to check on his welfare. Kossoris said Tuffree shot Clark twice with one gun and fired on two backup officers with a second gun as Clark lay dying on a patio in a pool of blood.

Kossoris said the shooting was unprovoked and contended that Tuffree was the aggressor during the confrontation at his kitchen window. The prosecutor said police had been a source of Tuffree's anger since 1992 when officers confiscated and later returned the same .40-caliber Glock that Tuffree used to shoot Clark.

``And he was angry about that,'' Kossoris said. ``We're going to show you that over and over again, he expressed that anger. It was more than an annoyance.''

Tuffree watched the proceeding attentively, sitting between his public defenders and wearing a gray suit with white shirt and black striped tie. Tuffree's once long and curly hair was cut shorter. He shaved his mustache and beard months ago.

In the audience were Clark's widow, Jennifer Clark, and a dozen other family members and friends.

The trial began after two months of jury selection. The panel of six men and six women, plus five alternates, was selected from an original pool of 170 potential jurors called in mid-May. Jury selection was lengthy because the potential jurors completed a 153-question survey before attorneys on both sides interviewed each of them.

Tuffree stands indicted on a charge of murdering Clark, which could bring the death penalty if he's convicted. He also was indicted on a charge of attempting to murder Officer Michael Pierce, one of the two other officers who backed up Clark.

The two public defenders representing Tuffree contend that the shooting was provoked by police. They charge that the officers entered the back yard with their guns drawn and that Clark argued with Tuffree, who wanted to be left alone. Further, Tuffree has stated that he fired after Clark fired the initial shot.

The defense was scheduled to begin its opening remarks late Monday afternoon.

Tuffree was a San Fernando Valley teacher described by relatives as a man with a history of mental problems. He was divorced in 1989 and continued to live in the home owned by him and his ex-wife.

Clark is the only Simi Valley police officer killed in the line of duty.

Monday's opening arguments provided the first public statements by prosecutors about their case. Kossoris said prosecutors would call as many as 55 witnesses and introduce dozens of exhibits.

Kossoris concentrated his opening argument on the chronology of events, beginning with the confiscation of Tuffree's handgun by police in November 1992 and ending with the fatal shooting of Clark on Aug. 4.

Kossoris said Tuffree ``had a longstanding hatred and dislike for the Simi Valley Police Department,'' which came out during the confrontation with Clark.

Kossoris said he would call witnesses to testify about events Aug. 3 and 4 that led to the call for Clark to check on Tuffree.

Tuffree made repeated calls to both his physician and psychologist demanding a refill for a Valium prescription that didn't expire for another week. Tuffree also called a Simi Valley drug store twice on the morning of the shooting, Kossoris said.

In addition, Tuffree called his insurance carrier and complained to a representative.

``He told her he often takes more than prescribed and runs out,'' Kossoris noted.

The representative contacted a private mental health clinic in Simi Valley and requested a check on Tuffree because he had been drinking and demanded the early Valium refill. The mental health worker at the clinic called the police because the county mental health crisis team for the area was on a call, Kossoris said.

Clark was the first officer to respond. After failing to get a response, Clark saw Tuffree's car in the garage, made another attempt and contacted him by speaking through the kitchen window.

``The officer tried everything he could to get Mr. Tuffree to communicate,'' said Kossoris, who noted that Clark noticed the gun in Tuffree's hand. ``Hostilities developed, shots were fired.''

The trial's first phase is expected to last five to six weeks. In the first phase, a jury determines guilt or innocence. If the jury finds a defendant guilty, the second phase is to consider a sentence of life in prison or death.