as a PDF - Alameda County District Attorney`s Office

Transcription

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Distr
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Of
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Al
Nancy E. O’Malley
District Attorney
ttorney'
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tA
eda Coun
Alameda County
District Attorney’s Office
Serving Alameda County for 160 Years
Leadership
Integrity
Professionalism
Biennial Report 2011-2012
Copyright © 2013 Office of the District Attorney, Alameda County
CONTENTS
A Message from the District Attorney 2 - 3
Office Overview4 - 7
By the Numbers 8
Gun Violence 9
Human Exploitation & Trafficking
10 - 12
High Profile Cases
13 - 19
Specialized Teams & Units
20 - 23
Consumer, Environmental & Worker Protection
24 - 29
Serving Victims of Crime
30 - 34
Community Outreach
35 - 37
Youth Outreach & Empowerment
38 - 41
Legislation
42 - 43
Realignment 44
Awards, Honors & Milestones
45 - 51
A Proud History
52 - 53
Office Locations
Back Cover
2011-2012 Annual Report
1
2011-2012 Highlights & Reflections
A Message from District Attorney Nancy E. O’Malley
The last two years have been filled with exciting change, great
challenges and hard work in the District Attorney’s Office. In
January 201I, I was honored to be sworn in as the first female
elected District Attorney in our county’s history. I am guided daily
by the trust placed in me to ensure the safety of our communities
and the ethical and professional handling of matters that come
before me and into my Office. As I lead this Office, I also
emphasize our role in upholding the rights of victims of crime.
Justice will only be served by giving a voice to victims and their
families and by making sure that we provide essential services to
them, including working to recoup restitution on their behalf.
I am proud and honored to work with the excellent staff of this
Office as it meets the challenges of increasing case-loads, high crime
rates and diminishing resources with professionalism and dedication.
In 2011 and 2012, the trial attorneys were extraordinarily busy,
taking to trial 424 felony and misdemeanor cases. In addition,
many extremely serious, complex and high profile cases went
to trial, with outstanding results. Such prosecutions included the
2011 trial of Yusef Bey IV and his co-defendant Antoine Mackey
for the brutal murder of Oakland journalist Chauncey Bailey, as
well as the murders of Odell Roberson and Michael Wills. The
Bailey homicide marks a rare instance in our Country’s history
in which a journalist was killed in order to stop his reporting.
I extend my thanks and admiration to the Chauncey Bailey
Project for its perseverance and diligence in ensuring justice for
Mr. Bailey and protection of the First Amendment.
I am committed to working with and for the people of Alameda
County. It is my belief that my staff and I should spend as much
time as we can in the community, listening to concerns, offering
information and answering questions. Our newly formed
Speakers’ Bureau aims to do just this by making available
experts in all fields of prosecution, consumer and environmental
protection and victims’ rights to speak to students, community
and faith based groups and civic organizations.
We are ever mindful of the impact that crime has not just on
our community, but also on the individual victims who suffer as
a result of a defendant’s criminal actions. To this end, we created
several new programs to address all areas of criminal and civil
wrongdoing. Our Homeowner Education and Loan Protection
Program (H.E.L.P.) provides assistance to victims of real estate
scams. Understanding the benefits of collaborative responses,
2
Commitment
Mission Statement
this brings together law enforcement, government agencies,
real estate, mortgage and escrow professionals, and the banking
community to address this critical issue.
It is my belief that the public and the justice system are best
served when public and private agencies work together. As with
our efforts in H.E.L.P., our Human Exploitation and Trafficking
(H.E.A.T.) program saw great strides in 2011 and 2012. Our
efforts to combat human trafficking continue to grow, with the
addition of BAHC, the Bay Area H.E.A.T. Coalition, a multijurisdictional, multi-agency response to end human trafficking.
Under our leadership, programs addressing the needs of our
County’s children are flourishing. I am proud to tell you about
the many programs we have developed, ranging from cyberbullying assemblies for middle school students to a girls’ court
addressing the unique issues and needs of girls in the juvenile
justice system. Our children are often the most vulnerable among
us. They are also tomorrow’s leaders of our community, and my
Office will continue its outstanding role in protecting, serving and
empowering the youngest members of our society.
Through the hard work of our attorneys, inspectors, victimwitness consultants and administrative staff, the Alameda County
District Attorney’s Office continues to be one of the top
prosecutor offices in the nation. This report commemorates
the efforts of all those in my Office who have contributed to the
fulfillment of our mission over the past two years.
The mission of the Alameda County District Attorney’s
Office is to ensure, protect and promote public safety in
Alameda County. The District Attorney’s Office shall review
and prosecute criminal cases in both the adult and juvenile
justice systems; shall protect consumers and the
environment, including enforcement through civil and
criminal actions; shall preserve and protect public integrity;
shall uphold the rights of victims of crime; and shall
support and protect victims of and witnesses to crime.
Mandated Services
The District Attorney is mandated by the California
Constitution and the Government Code to review,
charge and prosecute criminal violations of the laws of
California. The District Attorney’s Office brings actions on
behalf of the People of the State of California.
In addition to prosecuting criminal matters, the District
Attorney’s Office has several responsibilities, including:
• Prosecuting actions in the Juvenile Justice system
involving conduct that, if committed by an adult,
would be a criminal matter
• Bringing civil & criminal actions involving
consumer fraud, including real estate fraud,
mortgage fraud, insurance fraud, medical fraud and
financial fraud, and crimes committed against our
elders and dependent adult populations
• Bringing legal actions to ensure environmental
protection
• Ensuring victims of crime are aware of their rights,
and that those rights are upheld and enforced
& Leadership
• Advocating for the court to order legally appropriate
restitution on behalf of crime victims and the State of
California Victims of Crime Fund
3
Office Overview
Prosecutors
The attorneys who work for the Alameda County DA’s Office are some
of the finest in the country. Guided by the strong conviction that the
work of a prosecutor is to do justice, the lawyers in the Office work
tirelessly on behalf of victims of crime and the communities devastated by
the impact of criminal activity. Our attorneys approach every case with
the goal of ensuring justice and protecting the rights of both victims and
defendants. Alameda County is one of the most diverse in the nation
and we are proud that our attorney staff reflects the diversity of the
community we serve.
From the first day on the job, Deputy District Attorneys grapple with
serious legal issues, appear in court for hearings and misdemeanor
jury trials and begin career-long continuing legal education and
training. The prosecutors rotate through a variety of assignments
that place them in all of the courthouses within the county, allowing
each lawyer to become familiar with each city, community, police
department and court setting. The rotation between courthouses
and specialized units continues throughout each attorney’s tenure
in the office and provides the opportunity for career advancement
while making a meaningful contribution to the community through
leadership, involvement and advocacy.
4
The Alameda County District Attorney’s Office prosecutes criminal cases on behalf of the more
than 1.5 million residents of Alameda County. Our jurisdiction covers over 800 square miles
and we operate 10 offices throughout the County.
We currently employ 150 attorneys, 60 inspectors, 34 Victim-Witness Assistance consultants
and claim specialists, as well as a variety of administrative professionals.
District Attorney Staff
The staff within the DA’s Office comprises professionals from the fields of finance, information
technology, office administration, paralegal support, forensic accounting, and communications.
Our staff provides high level assistance in planning, coordinating, managing and organizing the
operations of the Alameda County District Attorney’s Office. Working in each of the branch offices,
the administrative staff is an invaluable part of the DA team, ensuring the Office runs smoothly,
efficiently and professionally.
District Attorney O’Malley and members of the administrative staff have formed numerous
committees to evaluate processes and facilitate professional training, encourage health and wellness
throughout the organization, and engage in cultural diversity awareness events.
District Attorney’s Communications Unit
Over the course of his long
and distinguished career in
the Office, Chief Assistant
District Attorney Kevin
Dunleavy has exemplified
excellence in leadership. With
his open and friendly manner,
Kevin is always available to
discuss issues ranging from
trial strategy to complex
administrative matters.
DA O’Malley is committed to ensuring transparency and providing the public and the press with
current, reliable and accurate information regarding the work of the Office. In the ever-evolving
world of the internet and the meteoric expansion of social media as a means of communication,
the Communications Unit utilizes all available means to provide information in a timely and relevant
manner. The Office’s website is updated daily, and includes a section highlighting jury verdicts,
community involvement and consumer alerts. Electronic newsletters are published on a monthly
basis, and pod-casts touching on current events are available on-line. The Office maintains a
Facebook and a Twitter account, sends out press releases and organizes press conferences, and
produces the annual report. Staff in this unit include Teresa Drenick, Philippa Ratcliff, Rebecca
Richardson and Eamon O’Connor.
District Attorney’s Video Unit
Gilbert Leung and Vicki Long run the Office’s state of the art Video Unit. From our film studios in
the René C. Davidson Courthouse, Gilbert brings his digital art and film making expertise to his job
producing and editing all of our video productions. His body of work includes the production of our
weekly legal education show Points & Authorities with Jeff Rubin and Mary Pat Dooley, as well as Public
Service Announcements and video for other events.
Vicki Long, a 30-plus year veteran of the Office, is a national forensic video expert. Her talents
are indispensable to the trial attorneys and to the successful prosecution of cases. Vicki prepares
recorded material for use in all stages of criminal prosecutions, from investigation to trial. Through
her technical expertise, Vicki is able to render damaged or low-quality footage viewable – a vital
service for inspectors and attorneys alike.
5
Office Overview
Mission Statement
Victim-Witness Assistance Division
The Alameda County District
Attorney’s Office Victim-Witness
Assistance Division is dedicated to
reducing the trauma that victims
and witnesses experience by
providing emotional, physical, and
financial assistance in a sensitive,
compassionate and humane manner
during the aftermath of victimization.
The Alameda County DA’s Office is a pioneer in its efforts to
serve victims of crime. The Victim-Witness Assistance Division
was the first of its kind in the United States when it was
established in 1974. The division is comprises two units: the
Victim Consultant Unit and the Claims Unit. Each provides a
variety of services to victims of crime and their families.
The Victim Consultant Unit is staffed by16 professional
consultants who provide comprehensive services to crime
victims and their family
members throughout
all stages of criminal
proceedings. This
assistance includes:
• Keeping victims apprised
of the status and
disposition of cases
• Providing an orientation to
the criminal justice system
• Ensuring court support and
accompaniment as needed
throughout the prosecution process
• Assisting in the preparation of victim impact statements
• Arranging for referrals and follow-up services from outside
agencies
• Helping to file applications for compensation under the
California Victims of Crime Program
• Arranging for witness relocation when necessary
The Claims Unit, composed of six claims specialists, is
responsible for the processing of applications for compensation
under the California Victim Compensation Program for victims
of crime and their family members. Reimbursement can cover
medical and mental health costs, loss of wages, funeral expenses
and emergency relocation costs.
In 2012, staff partnered with the Family Justice Center to
organize seven tabling events throughout the County to
promote National Victim’s Rights Week.
Additionally, all staff members in this division provide continuous
outreach to the community. They attend and sponsor numerous
events, including street fairs, tributes, and memorial services
honoring victims of crime.
The Summer Law Clerk Program
Our nationally renowned Summer Law Clerk Program is our main vehicle for hiring new attorneys. We interview over 300 second-year
law students from some of the nation’s best educational institutions. We offer clerkships to between 8 and 12 of these candidates, and the
students participate in a challenging program of instruction and hands-on experience. Under the supervision of an attorney, our law clerks
conduct at least one jury trial, put on preliminary hearings, research legal issues and write and argue complex legal motions.
6
Office Overview
Inspectors Division
The Inspectors Division, originally created by District Attorney Earl Warren
in 1925, serves as the law enforcement arm of the DA’s Office. Sixty sworn
California peace officers make up the division. Each Inspector brings outstanding
law enforcement and investigative skills to the position. Working with the
Deputy District Attorneys, DA Inspectors assist in case preparation at all stages
of prosecution. The division also serves as the lead law enforcement unit in
Alameda County on cases involving Consumer, Environmental and Worker
Protection, Public Assistance, Real Estate, Worker’s Compensation, Auto
Insurance, Annuity and Health Care Fraud, Public Integrity and Child Abduction.
Under the leadership of the Chief of Inspectors, Brad Kearns, DA Inspectors
are responsible for the safety of victims and witnesses during the prosecution
of cases. Inspectors also testify in criminal matters, conduct interviews and
investigations at all stages of criminal proceedings, gather and process evidence
and locate witnesses. For example, in 2012 the Inspectors Division transported
616 victims and witnesses to court appearances and conducted 725 interviews
of victims and witnesses.
Specialized investigative teams respond to events such as officer-involved
shootings, arson investigations, and hazardous materials incidents. Inspectors
investigate public integrity crimes and public assistance fraud as well as
lead the Sexual Assault Felony (S.A.F.E.) task force and the Gang Violence
Suppression Program.
Inspectors from the District Attorneys’ Office also provide investigative support
to local agencies to address specific crime problems. Because of their expertise
and experience, Inspectors are often called upon to assist with backlogs, and
serial crimes, internal, and other sensitive investigations. Their efforts assist in
the reduction of crime, especially during law enforcement staffing shortages or
crime spikes in local jurisdictions. Additionally, Inspectors regularly work with local
agencies to conduct investigations into crime sprees using their network of law
enforcement contacts and unique tools to address crime problems.
DA Inspector graduates from FBI Academy
DA O’Malley and
Chief Brad Kearns
joined Lieutenant
Craig Chew at his
graduation from
the FBI National
Academy in
Quantico, Virginia.
Chief of Inspectors, Brad Kearns
7
By the Numbers
Trials in 2011 & 2012
In 2011 & 2012,
the attorneys in our Office
reviewed and prosecuted tens
of thousands of felony and
misdemeanor cases. Our felony
prosecutors secured convictions
in 90% of felony cases taken to
trial, and in 97% of the murder/
attempted murder cases tried
before a jury.
Felony defendants sent to trial
Misdemeanor defendants sent to trial
183
241
Homicide Jury Trials in 2011 & 2012
67 homicide defendants were
tried before a jury in 2011 and
2012. 65 were convicted, one
was found not guilty. One trial
resulted in a hung jury.
Not Guilty
Hung
Convicted
Homicide Defendants Tried Before a Jury
In 2011 & 2012:
Felony Suspects
Reviewed:
21,297
Felony Suspects Charged:
16,986*
Misdemeanor Suspects
Reviewed:
62,744
Defendants who pled guilty in 2011 & 2012
Defendants who pled guilty to a felony
Defendants who pled guilty to a misdemeanor
7,243
26,652
Breakdown of felony crimes sent to trial in 2011 and 2012
The office has a 90% conviction rate for felony defendants taken to a jury trial in
the years 2011 and 2012.
MURDER
OTHER
ROBBERY
INCLUDES:
WEAPONS
BURGLARY
THEFT
DRUGS
DOMESTIC VIOLENCE
DRUNK DRIVING
MANSLAUGHTER (VEHICULAR)
ELDER ABUSE
STALKING
Misdemeanor Suspects
Charged:
41,634*
SEX ASSAULT (CHILD)
SEX ASSAULT (ADULT)
MURDER
ATTEMPTED MURDER
ASSAULT
OTHER
ASSAULT
ATTEMPTED MURDER
*Numbers include probation violations
SEX ASSAULT (ADULT)
ROBBERY
SEX ASSAULT (CHILD)
8
Gun Violence
In the past two years, this country has seen an alarming
and deeply disturbing increase in high profile cases of gun
violence. From the January 8, 2011, shooting in Tuscon,
Arizona that claimed six lives and injured thirteen more
(including US Congresswoman Gabrielle Giffords) to
the horrifying murder of twenty children and six school
teachers in Newtown, Connecticut, on December 14,
2012, the entire nation has been forced to confront the
appalling truth: gun violence is a plague that our society
cannot afford to ignore.
This sad fact is old news to many urban communities,
and those in Alameda County are certainly no exception.
In the city of Oakland alone there were over a thousand
shootings reported in 2011, an average of about three
shootings per day. Oakland saw 131 murders in 2012,
the highest number of homicides in five years. The vast
majority of these murders were committed with guns.
More troubling still is the fact that many shooting victims
are children or teenagers. “Every loss of life due to gun
violence is a tragedy,” says DA O’Malley. “The horror
is magnified when the victim is a child or a teen. I can
promise the families of the youths taken by gun violence,
and the citizens of our community, that my Office will
work tirelessly to ensure that the perpetrators of these
unthinkable crimes are brought to justice.”
The Havoc Wrought by Gun Violence
•At about 1 PM on August 8, 2011, Lawrence Denard and
Willie Torrence, members of a local East Oakland gang,
spotted members of rival gang on International Boulevard
near 65th Avenue. Firing recklessly in a broad daylight
drive-by, the gang members missed their intended target.
Their bullets instead struck a 3-year-old boy as his mother
pushed him down the street in a stroller after leaving a
nearby market. The little boy died. Denard and Torrence
are currently facing prosecution for the killing.
•On November 28, 2011, a gunfight broke out across a
West Oakland parking lot. Three suspects opened fire on
a crowd that was gathered in front of a liquor store for
a music video shoot, striking seven victims, including a
one-year-old baby boy. The baby was in a coma for 11 days
before doctors took him off of life-support. Alameda County
charged one of the suspects; the other two are being tried
in federal court.
•On April 2, 2012, One Goh, a disgruntled student who had
been expelled from Oikos University, went on a shooting
rampage at his former school, killing seven people and
injuring three others. Goh then fled to a Safeway in
Alameda, where he was apprehended by police. Goh has
been deemed psychologically unfit to stand trial and has
been sent to Napa State Mental Hospital.
•Just before dawn on the morning of November 25, 2012,
Recovered New Year’s Eve, 2012, by Oakland Police
Department.
residents of Minna Avenue in East Oakland heard a barrage
of gunshots. Rushing out onto the street, they found two
teen-aged girls riddled with gunshot wounds, barely
clinging to life. Raquel G., 15, and Bobbie S., 16, best
friends from childhood, died at the scene. The DA’s Office
has charged Diantay Powell and Antonio Edwards in this
vicious slaying. The case is ongoing.
9
Human Exploitation &
The effort to end human trafficking was at the forefront of our work during the past two years. The fight against the
trafficking of women and children for sex remains a top priority of the Office. We are also a leader in combating the increase
in labor trafficking through the efforts of our Worker Protection Unit. A leader in the campaign to end human trafficking,
our H.E.A.T. Unit expanded its reach and its regional and national impact and coordinated with many other agencies and
organizations to address this form of modern-day slavery.
Human Trafficking and Exploitation (H.E.A.T.) Unit
DA O’Malley and Health Care Director Alex Briscoe created
H.E.A.T. Watch to combat human trafficking through community
outreach, law enforcement training, law & policy, effective
prosecution of human traffickers, and the coordination of
services for victims.
H.E.A.T. Watch was expanded in 2010 to establish the Bay
Area H.E.A.T. Coalition (BAHC), which provides training and
networking opportunities for law enforcement, non-profits, and
10
other members of the anti-human trafficking community. H.E.A.T.
Watch has developed a database of over 3,000 anti-human
trafficking contacts across the nation.
Like Neighborhood Watch, the H.E.A.T. Watch program asks
individuals and businesses to “open their eyes, watch, and take
action.” Efforts to engage the community include H.E.A.T. Watch
Radio and public service announcements, a quarterly newsletter,
community training, the H.E.A.T. Watch website, and social media
Trafficking (H.E.A.T.)
outreach through Twitter and Facebook. More recently, H.E.A.T.
Watch has begun developing infographics and other types of data
visualization to spread its message.
A highlight was the final day’s Policy Panel featuring actress and
activist Jada Pinkett Smith, Polaris Project’s Mary Ellison and
entrepreneur Chris Kelly.
First National H.E.A.T. Watch Conference
Safety Net
The inaugural National H.E.A.T. Watch Conference, titled
Plan 2 Act: Tools to Stop Domestic Minor Sex Trafficking was
held in Oakland from June 13-15, 2012. The event brought
together 456 community partners, practitioners, members of
law enforcement and prosecutors from the US and overseas.
Participants heard from 67 experts in the field of child sex
trafficking and received a comprehensive toolkit to help combat
human trafficking in their own communities.
The Alameda County DA’s Office implemented Safety Net, a
weekly case review that creates a safety and follow-up plan for
youth who are at-risk or involved in sexual exploitation and
trafficking. Clients are referred to the Safety Net via local law
enforcement, probation, social services, and prosecutors. From
January 13th, 2011, to December 4th, 2012, 267 clients have
gone through the program.
Under the H.E.A.T. Watch umbrella, Safety Net utilizes a
multidisciplinary team approach in which members are able
to share confidential information with partner agencies to
create both an immediate and long-term safety plan for each
referred client.
Partner agencies include: Alameda County District Attorney’s
Office, Alameda County Public Defender’s Office, Alameda
County Probation Department, Alameda County Social
Services Agency, Alameda County Guidance Clinic, Bay Area
Women Against Rape (BAWAR), CALICO, Highland Hospital,
Children’s Hospital of Oakland, JPG Consultants, MISSSEY,
West Coast Children’s Clinic, Bay Area Legal Aid, and the East
Bay Children’s Legal Office.
Chris Kelly, Nancy O’Malley, Jada Pinkett-Smith, OPD
Police Chief Howard Jordan & Will Smith gathered at
the H.E.A.T. Watch Conference in their joint effort to end
human trafficking.
p
o
st
the
c
i
m
e
d
i
ep
If you see something, say something!
For non-emergencies, report suspected human trafficking by calling the H.E.A.T. Watch Tip-Line
at 510-208-4959 or email [email protected]
Requests for anonymity will be honored.
11
Human Exploitation & Trafficking
H.E.A.T. Watch Website: www.heat-watch.org
In conjunction with the National H.E.A.T. Watch Conference,
the District Attorney’s Office launched the H.E.A.T. Watch
website as a tool for civilian and law enforcement agencies in
their efforts to prevent human trafficking.
H.E.A.T.
WATCH®
STOP
HUMAN EXPLOITATION
AND TRAFFICKING
“Every day, people in our community are bought
and sold for profit. Human beings are not products
and can’t be exploited. Help us stop this national
epidemic.” ~Nancy E. O’Malley, District Attorney
H.E.A.T. Watch Radio
H.E.A.T. Watch Radio began as an effort to
use new media to reach out to the public with
information about human trafficking and sexual
exploitation. H.E.A.T. Watch Radio features
news reports about human trafficking locally,
nationally, and globally, as well as interviews
with people working in the trenches to help end
sexual exploitation. Within the first 6 months of
its launch, there have been 39 episodes of H.E.A.T.
Watch Radio.
announcing ...
H.E.A.T.
Watch
O
I
D
A
R
H.E.A.T. Watch Radio is the first in a series of
new media initiatives on behalf of the H.E.A.T.
Watch team. Future projects include a quarterly
newsletter, blog, videos and short films, and a
human trafficking graphic novel to educate as
many people as possible about what the sexual
exploitation of minors is, and how they can do
their part to eradicate it.
Emily Blair (far right), a Modesto High School
student whose film, “Stop Traffic!” raised
awareness and funds to stop human trafficking in
her community.
12
High Profile Cases
Every year, the Alameda County DA’s Office takes to trial hundreds of serious and
violent felonies. The cases featured here are some of the most complex and highly
visible jury trials of 2011 and 2012.
People v. Giselle Esteban
On October 29, 2012, a jury found Giselle Esteban guilty of first degree
murder for the killing of 26-year old Hayward nursing-student
Michelle Le. The much-publicized story of Le’s disappearance in
May of 2011 captivated the news media’s attention for weeks, until
her badly decomposed body was found in a canyon in Sunol. As
investigators unearthed the facts of the case, they discovered a story
even more grisly.
Case Summary
Victim Michelle Le
Michelle Le and defendant Giselle Esteban were high school friends
from San Diego who both moved to the Bay Area for college, where
they befriended Scott Marasigan. Defendant Esteban and Marasigan
dated for a time and had a child together before separating.
At some point, however, Esteban became convinced that her high
school friend was having an affair with Marasigan. Her jealousy
consumed her. In a conversation which Mr. Marasigan secretly
recorded, she said “You deserve to die for your lies, as does she.”
On May 7, 2011, defendant Esteban confronted Ms. Le in the
parking lot of Kaiser Hospital Hayward. Ms. Le’s car was found the
next day nearly half a mile from where it was last seen. Forensic
analysis found defendant Esteban’s DNA on the steering wheel and
indicator of her car, and confirmed that the bloodstains and hair found
where the car had been parked the night before belonged to Ms. Le.
On December 11, 2012, Giselle Esteban was sentenced to twentyfive years to life in prison.
Defendant Giselle Esteban
Prosecutor: DDA Butch Ford
DA Inspector: Tai Nguyen
Victim-Witness Consultant: Erin Osana
13
High Profile Cases
People v. Alexander Diaz
Crime Scene
On June 18, 2012, a jury convicted Alexander Diaz of the willful, deliberate and
premeditated attempted murder of a peace officer, unlawful driving and taking of a
vehicle, and grand theft of personal property.
Officer Brower was extracted from the scene by firefighters and sustained serious
injuries. Defendant Diaz was arrested at a home in Los Angeles on October 6, 2010.
On July 17, 2012, he was sentenced to 21 years to life in prison.
Case Summary
Defendant Alexander Diaz
On October 4, 2010, sometime after 9:00 am, defendant Diaz stole a delivery van
with over $33,000 in electronics inside. A short time later, Officer Patrick Brower,
a Fremont Police motorcycle officer with over 10 years experience, advised
dispatch he had located the stolen van. Defendant Diaz noticed Officer Brower and
floored the accelerator, aiming the stolen van straight at the officer. Defendant Diaz
slammed the van into Officer Brower and continued to accelerate and increase
speed almost 70 feet across three lanes of northbound traffic and up a curb, before
the officer and his motorcycle were pinned against a light pole. Defendant Diaz
immediately fled on foot.
Prosecutor: DDA Brian Owens
DA Inspector: Lynn Breshears
Victim-Witness Consultant: Jenifer Mello
14
High Profile Cases
Occupy Oakland Cases
In the fall of 2011, the Occupy Wall Street
movement spread from its primary encampment
in lower Manhattan to cities and towns all across
America. Alameda County cities such as Albany,
Berkeley, and Oakland were host to some of the
most active and prominent Occupy chapters in
the nation.
It was not long, however, before protests affiliated
with Occupy Oakland took a dramatic turn away
from the initial spirit of the movement. Protests
degenerated into destructive, chaotic riots. In an
op-ed for the San Francisco Chronicle, Nancy
O’Malley responded to the riots: “To protect
public safety, my office will use all of the resources
provided under the law. We will not give free
rein to those intent on using violence against the
community and our police officers.”
Chaos in the streets of
Oakland
October 30, 2011
Photo by LB cc-by-2.0.
People v. Cesar Aguirre
On August 13, 2012, a jury found defendant Cesar Aguirre
guilty of felony vandalism. On November 3, 2011,
defendant Aguirre was in Frank Ogawa Plaza at the Occupy
Oakland General Strike Protest. He was dressed in all black
clothing, wearing goggles and a dust mask. He swung a
red metal folding chair at the glass windows of the Oakland
Police Department Recruiting Office and the Oakland Police
Department Internal Affairs Office. He then used his body
weight to push up against the wooden boards that had been
placed behind the glass to prevent entry into the office. An
OPD Officer witnessed this from a nearby parking structure
and kept his eyes on the defendant until he was arrested
by a second officer. Defendant Aguirre had glass shards on
his sleeves when he was arrested. The defendant broke
a total of six windows and one door. The total amount of
damage was $6,654.63. Defendant Aguirre was remanded
to custody after his conviction. Aguirre was sentenced to five
years formal probation, 180 days in County Jail, and ordered
to pay full restitution.
Prosecutor: DDA Carrie Skolnick
DA Inspector: Tony Banks
Broken glass
of Chase Bank,
Oakland
People v. Cameron Mathew Rose
On April 26, 2012, a jury found defendant Cameron Mathew Rose
guilty of a felony violation of using force or violence to deter an
officer in his duties and a misdemeanor violation of assault on a
police officer. On December 30, 2011, defendant Rose struck
an Oakland Police officer in the back with a metal folding chair.
The assault took place at Frank Ogawa Plaza, adjacent to an
Occupy Oakland Teepee Vigil. At the time of the assault, Oakland
Police officers were attempting to write citations for Municipal
Code violations. Defendant Rose assaulted the officer when he
was trying to prevent a protester from grabbing another officer.
Defendant Rose is scheduled to be sentenced on May 24, 2012.
Defendant Rose was placed on five years formal probation.
Prosecutor: DDA Tim Wagstaffe
DA Inspector: Mike Beal
15
High Profile Cases
People v Andrew Barrientos
On November 16, 2011, defendant Andrew Barrientos was convicted
of the attempted murder of Fremont Police Officer Todd Young
as well as assault with a firearm on a police officer, carjacking,
attempted carjacking, shooting into occupied vehicles, assault with
a firearm, making criminal threats and unlawful gun possession.
Barrientos was sentenced to life imprisonment with the possibility
of parole. He will have to serve at least 62 actual years in prison
before he can be considered eligible for parole.
The case was prosecuted by Assistant District Attorney John
Brouhard, head of the DA’s Office Gang Unit. Brouhard said,
“We owe a debt of gratitude to those police officers who put
themselves in harm’s way, attempting to protect our community
from gang violence.”
District Attorney Nancy
E. O’Malley added, “Law
enforcement officers from the
Fremont, Oakland and San
Diego police departments, as
well as the DA’s Office Gang
Unit worked tirelessly to
apprehend this defendant and
to investigate this case.”
Case Summary
On August 27, 2010, Fremont Police Officer Todd Young was
working as a gang investigator with the Southern Alameda County
Major Crimes Task Force. Defendant Barrientos, a gang member,
was wanted for outstanding arrest warrants. Officer Young located
the defendant in Oakland. During an attempt to arrest him, the
defendant pulled out a firearm and fired ten times at Officer
Young. Officer Young was struck by a bullet in the pelvis and
sustained life-threatening injuries.
After defendant Barrientos shot Officer Young, he shot at two
motorists and carjacked a vehicle. The Alameda County District
Attorney’s Office Gang Unit and the Oakland Police Department
tracked the defendant to San Diego. As the defendant ran to
the border in an effort to cross into Mexico, San Diego Police
Sergeant Jason Weeden arrested him at gunpoint. At the time of
the arrest, the defendant had a loaded firearm in his waistband.
Officer Young survived his life-threatening injuries and defendant
Barrientos is serving a life sentence.
Defendant Andrew
Barrientos
Officer Todd Young
Prosecutor: ADA John Brouhard
DA Inspector: Craig Chew
Victim-Witness Consultant: Maria Suniga
Crime Scene
16
High Profile Cases
People v. Yusuf Bey IV & Antoine Mackey
On June 9, 2011, defendants Yusuf Bey IV and Antoine Mackey
were convicted of the brutal slaying of Odell Roberson, Michael
Wills, and prominent Oakland journalist Chauncey Bailey. This
case involved the first murder of a journalist in the United States
since 1976. Yusuf Bey IV was sentenced to three life terms in
prison without the possibility of parole, and Antoine Mackey was
sentenced to two life sentences without the possibility of parole.
“These verdicts also stand for our abiding conviction that
violence against the free voice of the press will not be
tolerated in our society. I would especially like to recognize
and acknowledge the Chauncey Bailey Project who worked
diligently and tirelessly to ensure that the defendants responsible
for these senseless murders were brought to justice.”
– District Attorney Nancy O’Malley
Case Summary
Defendant Yusuf Bey IV, 25, is the son of Yusuf Bey Sr., founder
of the now-defunct Your Black Muslim Bakery in Oakland.
Once a thriving business, the establishment was also a religious
organization with a distinctly militaristic structure.
Bey IV assumed control of the bakery after his older brother
Antar was killed in a 2005 carjacking. In retaliation for his brother’s
murder, Bey IV ordered bakery followers Devaughndre Broussard
and Antoine Mackey to kill Odell Roberson, uncle of Antar’s
killer. Mackey and Bey then murdered Michael Wills, a white man
walking on San Pablo Avenue in Oakland. Bey later stated to a
group at the Bakery that the defendants were “giving [the white
victims] a taste of their own medicine.”
Bey discovered Chauncey Bailey, a career reporter and theneditor of the Oakland Post newspaper, was writing an exposé of
the bakery. Afraid that Bailey’s article would spell the end of the
already-faltering bakery, Bey resolved to kill the journalist. On the
early morning of August 2, 2007, Mackey and Broussard shot and
killed Chauncey Bailey as he walked to work along 14th Street in
downtown Oakland.
Slain Journalist Chauncey Bailey
To protect his own misdeeds from public exposure, Yusuf Bey
IV silenced Chauncey Bailey forever. But Bey neglected to
consider that by eliminating one journalist he exposed himself
to the fierce scrutiny of dozens more. Within days of Chauncey
Bailey’s murder, New America Media and the Robert C.
Maynard Institute for Journalism Education brought together
a group of local reporters, editors, and journalism students to
finish the work that Chauncey Bailey had begun. Dubbed “The
Chauncey Bailey Project,” these committed journalists probed
into the circumstances surrounding Bailey’s murder, providing
comprehensive reporting and multi-media coverage on the
history of the Your Black Muslim Bakery organization as well as
breaking stories on case developments.
“We cannot stand for a reporter to be murdered while
working on behalf of the public. Chauncey’s death is a threat to
democracy,” said Dori J. Maynard, president and CEO of the
Maynard Institute. “We will not be bullied.”
Thomas Peele, a central member of The Chauncey Bailey Project,
used his coverage of Your Black Muslim Bakery as the basis for
a book on the organization. Killing the Messenger (published in
February, 2012) traces the history of the Black Muslim movement
from its roots in the early 20th century to the eventual murder of
Chauncey Bailey in Oakland.
Both defendants are serving life without the possibility of
parole in state prison.
Prosecutor: DDA Melissa Krum
DA Inspector: Mike Foster
Victim-Witness Consultant: Tasia Wiggins
Attorney Melissa Krum
addressing the jury
17
High Profile Cases
People v Asmerom and Tewodros Gebreselassie
On May 31, 2011, brothers Asmerom and
Defendant
Asmerom
Gebreselassie
Tewodros Gebreselassie were convicted of three
counts of murder with special circumstances,
premeditated attempted murder, kidnapping and
false imprisonment. The charges stemmed from
a horrific triple slaying in Oakland on Thanksgiving
day of 2006.
Both defendants will serve multiple life sentences
in prison, without the possibility of parole.
Both the Mehari and Gebreselassie families
are from Eritrea, and many witnesses required
Amharic translators in a case that split the local
Eritrean community. Deputy District Attorney Joni
Leventis prosecuted this particularly complex case.
She said, following the verdict, “I am extremely
pleased with the jury’s verdict. I only hope that
seeing the defendants held responsible for these
horrific crimes will help the Mehari family begin to
find some closure.”
Defendant
Tewodros
Gebreselassie
Prosecutor: DDA Joni Leventis
DA Inspectors: Mike Foster,
Mike Beal
Victim-Witness Consultant: Tasia Wiggins
Case Summary
The victims and the defendants are related through
the marriage of the murder victim, Winta Mehari,
and the defendants’ brother, Abraham Tewolde.
In early 2006, Abraham died suddenly of natural
causes while at home with Winta and their
2-year-old son, Isaac. Defendants Asmerom and
Tewodros Gebreselassie believed that Winta and
her family had murdered Abraham, despite the lack
of evidence to support their belief. This formed the
motive for their plans to kill the Mehari family in
revenge for Abraham’s death.
On November 23, 2006, defendant Tewodros
Gebreselassie went to the victims’ home in
Oakland where the family was celebrating
Thanksgiving and was welcomed inside. Shortly
after arriving, defendant Tewodros Gebreselassie
opened the door for defendant Asmerom
Gebreselassie, allowing him to enter the home.
Defendant Tewodros Gebreselassie grabbed
2-year-old Isaac and quickly fled the apartment,
and then defendant Asmerom Gebreselassie
opened fire on the family. He shot and killed
28-year old Winta Mehari, 17-yearold Yonas Mehari, and his 50-year-old
mother Regbe Bahrenegasi. To escape
the carnage, Winta’s brother, Angesom
Mehari, jumped through the living room
window, landing three stories below.
The defendants were convicted of
multiple murders and are serving life
sentences without the possibility of
parole in state prison.
The Mehari Family in happier times
18
High Profile Cases
People v Ernest Scherer III
On March 28, 2011, a jury convicted defendant Ernest Scherer III
of two counts of first degree murder for the killing of his parents,
Ernest Scherer Jr. and Charlene Abendroth. The jury also found
to be true the special circumstances of murder for financial gain
and murder of multiple victims. Scherer III was sentenced on May
20, 2011, to two life sentences without the possibility of parole.
Prosecutor Michael Nieto called over 100 witnesses to testify in
this complex trial that lasted over six months. At the conclusion
of the trial, DDA Nieto said he “hoped that the verdicts
would provide some comfort to the families of the victims”
and he expressed “relief that this narcissistic sociopath was not
able to bluff, gamble, or sweet-talk his way out of facing the
consequences for his heinous parricidal conduct.”
This case captured the attention of the local and national
media, and was featured in episodes of NBC’s Dateline and
CBS’ 48 Hours.
Case Summary
Ernest Scherer III was the only son born to Charlene Abendroth
and Ernest Scherer Jr. He was an Eagle Scout and a graduate of
Brigham Young University who married his college sweetheart.
In the summer of 2007, his parents loaned him over $600,000
to purchase a home in Brea, CA. Soon defendant Scherer, a
“professional” poker player, found himself in a desperate financial
situation: he had become a compulsive gambler, was heavily in
debt and no longer able to maintain his lavish lifestyle or meet his
financial obligations.
Beginning in December of 2007, his parents requested
repayment of the money they had loaned him, and even
attempted to help him obtain refinancing of his mortgage. By
March of 2008, he was unable to repay his parents and he
became desperate to find a solution to his mounting financial
woes. Hoping to inherit over a million dollars from his parents’
estate, the defendant planned and executed their murders.
On the evening of March 7, 2008, defendant Scherer drove
from Las Vegas to his parents’ home at Castlewood Country
Club, Pleasanton. Once inside, he brutally beat and stabbed his
parents, Ernest Scherer Jr. and Charlene Abendroth, to death.
Although there were no signs of forced entry into the home,
defendant Scherer staged the home to make it appear as if there
had been a burglary. The couple was found a week later, still
clad in their pajamas.
Ernest Scherer Jr. and Charlene Abendroth.
A jury convicted Ernest
Scherer III and he is currently
serving life sentences without
the possibility of parole in
state prison.
Defendant Ernest Scherer III
The couple was found slain in their Pleasanton home.
Prosecutor: ADA Mike Nieto
DA Inspector: Phil Dito
Victim-Witness Consultant: Stephanie Lynch
19
The four main prosecutorial divisions of the Office
are: Criminal Prosecution, Juvenile Justice, Consumer,
Environmental and Worker Protection, and VictimWitness Assistance. Within the Criminal Prosecution
division there exist numerous specialized units
developed to focus on specific areas of prosecution and
management. Experienced and highly skilled prosecutors
working in each of these units are leaders and experts in
their individual fields.
There are more than 20 specialized units in the Office, and
each plays a vital role in serving the public interest. In this
publication, we will highlight the following units: Law & Motion,
DNA/Cold Case, Elder/ Dependant Adult Protection, Gang,
Parole Hearing and Mental Health.
DNA/Cold Case Unit
The Alameda County District Attorney’s Office is leading the way
in the use of forensic sciences, particularly DNA, to investigate
and prosecute serious and violent crimes as well as to eliminate
individuals as suspects or defendants.
In the forensic science and criminal justice environment, an old,
unsolved case is considered “cold”; when a DNA match occurs, it
is called a “hit.” The DNA/Cold Case Unit was formed specifically
to address the unique challenges in solving and prosecuting
cold homicide and sexual assault cases using DNA as a unique
forensic tool. Because these cases were previously unsolved, they
often require innovative investigative techniques, extensive legal
knowledge, superior trial skills, and comprehensive knowledge in
sophisticated forensic evidence. For example, the unit is currently
prosecuting one of the oldest cold cases in Alameda County history,
in which a 13 year-old Oakland girl was murdered in 1974.
The unit regularly advises detectives throughout the county on
unsolved homicides, following up on every line of inquiry with
the goal of converting information into evidence and suggesting
how state-of-the art forensic testing techniques may be used to
solve these cases. Furthermore, the DNA Team leads roundtable
discussions and training sessions for local law enforcement to
increase the solvability of these cases.
In June 2011, the unit began updating and systematically reviewing
every cold hit that was uploaded into CHOP (CODIS Hit
20
Deputy District Attorney, Annie Saadi, member of the DNA Cold Case Unit
Outcome Project), a case management system for all DNA hits and
cold cases in California. From CHOP, the unit created a complete
and updated master list of all the hits in Alameda County on
sexual assault and homicide cases from which more than 20 law
enforcement agencies can prioritize their caseload.
Recognizing that every victim deserves justice, the unit sought to
eliminate the current backlog of untested rape kits and to prevent a
future backlog. To that end, the unit partnered with labs from OPD
and Alameda County Sheriff’s and every law enforcement agency
in the county to systematically audit all property/evidence rooms
for untested rape kits with the goal of testing all kits and uploading
the results into the Combined DNA Index System (CODIS). At
the same time, significant efforts are being made to secure funding
for this project through public and private entities. One of the most
exciting partnerships is with Natasha’s Justice Project, a prominent
non-profit organization from New York that is dedicated to
eliminating the backlog of rape kits in the country. This partnership
promises to be a model in the effort to eliminate rape kit backlogs
for law enforcement agencies and District Attorney’s Offices
throughout the state and nationwide.
Elder/Dependent Adult Protection Unit
The Elder/Dependent Adult Protection Unit prosecutes those who
neglect, abandon, or abuse elderly or dependent adults in our
community. The attorneys, inspectors and victim-witness advocates
that staff the unit assist crime victims aged 65 and over and all
dependent adults aged 18-64. Cases in this Unit are prosecuted
vertically, meaning that one attorney handles each case from the
start all the way through resolution. This helps establish continuity
and trust between the victim and the prosecutor.
The innovative work of this unit reaches far beyond the
courthouse to protect, educate and assist seniors in our
community. The unit regularly collaborates with Alameda County
Adult Protective Services and the Oakland Police Department
to enhance communication between all three parties to ensure
more effective and efficient services to elders and dependent
adults. The unit also goes to senior centers, independent living
communities and assisted living communities to educate the
elders and dependent adults on identity theft and annuity fraud.
The Office and DA O’Malley have produced a video for elders
to prepare them to attend court as well as a video to warn them
about annuity fraud.
pay the victims to drive him to a church so that he could make a
donation, which he claimed was a prerequisite for him to receive a
sizable inheritance. Working with a partner, the defendant appealed
to a combination of moral pressure and the promise of immediate
financial gain to convince victims to make large cash withdrawals
for donation to the defendant’s alleged church. Victims were led
to believe that this “good faith money” constituted an agreement
by which they would receive much larger sums in exchange. The
defendant and his accomplice would wrap the money in a red
bandanna and ask the victims to join them in praying over it, at
which point they would swap the money for a bundle of rubber
bands and shredded newspaper.
Crimes against elders take many forms and can include physical,
emotional, sexual, and financial abuse. Some criminals specifically
target elder victims for complicated financial scams. These
suspects operate on the assumption that elders, more likely than
other segments of the population, have built up considerable
financial savings.
On March 12, 2011, 70-year-old Everleanor Smith was walking
into a Pak-n-Save grocery store when the defendant contacted
her. Employing his usual MO, he said he needed to get to a church
to give a large donation and showed Ms. Smith what appeared to
be a large sum of US currency. She replied that he did not need
to pay her and that she would drive him there. During the drive
he showed Ms. Smith a letter explaining his inheritance and the
required donation. Believing that the defendant was confused and
in need of help, she flagged down two Oakland Police Department
officers on the street. When she parked, the defendant quickly got
out of her vehicle and tried to sneak away before the officers told
him to stay put. He tried to give the officers the same story he
told his victims, speaking in the same simulated African accent, and
showing them the same letter. The officers quickly recognized the
scam, but the defendant kept up his phony African accent until the
officers discovered bundles of fake money and found his California
state ID displaying his true name: Carl Talton. Talton is 72 years old.
The following narrative highlights a successful prosecution of a financial
abuse crime on an elder, in which the defendant was sentenced to
one year in county jail and ordered to pay full restitution.
Prosecutor: DDA Sabrina Farrell
DA Inspectors: Jeff Wood, Jeff McCort
Victim-Witness Consultant: Dena Aindow
People v. Carl Talton
The defendant was running an elaborate version of the classic
“pigeon drop” scam on elderly victims in the Oakland area. He
would approach his victims on the street or in parking lots speaking
with a plausible-sounding African accent. He would then offer to
Elder Abuse Protection Court Project
In 2002, we took a leading role in the creation of the Elder Abuse
Protection Court Project, a court calendar dedicated to elder and
dependent elder abuse cases. The separate weekly calendar offers elders
a shorter wait time in the courtroom and provides greater privacy for
public hearings dealing with very personal matters. Hearings start later
in the morning to give seniors more time to travel to court.
21
Gang Unit
People v. Padilla & Contreras
The Gang Unit investigates and prosecutes crimes of violence
committed by members of criminal street gangs in Alameda
County. Crimes are prosecuted vertically, with one attorney
handling the case from charging through to
resolution. This consistent handling of cases
allows the Gang Unit to work closely with
victims and witnesses, and to address the
special challenges facing these individuals in
gang related crimes. The unit often provides
protection and relocation assistance for
victims and witnesses.
On July 21, 2011, a jury convicted two
notorious gang leaders, Ronnie Padilla and
Ismael Contreras, of attempted murder,
assault with a deadly weapon and multiple
gang enhancements. On October 3, 2006,
defendants Padilla and Contreras, while
incarcerated at Santa Rita Jail in a pod
designated for gang members, attacked
another inmate, Francisco Zamora, with
razor blades, cutting his throat and slicing
his back and forehead. Zamora nearly
bled to death before sheriff’s deputies
and paramedics intervened to save him.
Zamora, also a reputed gang leader, was
attempting to “drop out” of the gang at
the time of the assault. Padilla, Contreras
and other inmates orchestrated the attack
to protect the reputation and status of the
gang and send a message to others in the
gang that a drop out will not be accepted
in the pod or within the gang.
Staffed by three deputy district attorneys,
two Inspectors and the DA Strike Team,
the Gang Unit works closely with law
enforcement agencies throughout the
County to combat gang violence. The unit
provides training for law enforcement and
prosecutors regarding gang crimes, and is
active with the California District Attorney’s
Association. The Gang Unit also partners
with federal law enforcement officials to
provide training for joint state and federal
gang crime investigations.
Additionally, prosecutors assigned to this unit
are active in assisting in community intervention
strategies to prevent gang violence. One
such strategy is Operation Ceasefire, a call-in
program for identified gang members. A team of prosecutors led
by DDA John Creighton, law enforcement and social services
representatives help participants avoid future criminal activity
through education and by connecting them with resources such as
job training and assistance for substance abuse.
Law & Motion Unit
Law and Motion provides legal assistance to attorneys in our
office as well as outside agencies regarding complex issues of law.
In addition to dealing with search and seizure motions, motions
to dismiss felony cases, extraditions and appeals, the Law and
Motion Unit also reviews all felony charging. The unit serves as a
resource for attorneys, private citizens, and other agencies that
have questions about the law’s finer points. Each year the Law
and Motion Unit fulfills approximately 3,750 requests for legal
information, research, and analysis within the Office. Law and
Motion also responds to an estimated 1,250 annual requests
from the general public for information.
22
The jury also convicted Padilla on nine
additional counts not involving Contreras.
These convictions included multiple counts
of assault with a firearm, shooting into an
occupied vehicle, personal use of a firearm,
terrorist threats, kidnapping for ransom
and five separate gang enhancements
involving crimes he committed in 2005.
Padilla was sentenced to 82 years to life in
prison. Contreras received a sentence of 18
years to life.
Prosecutor: DDA Steve Dal Porto
DA Inspector: Lou Cruz
Mental Health Unit
The Mental Health Unit ensures that people identified as
sexual predators under the law and who pose a danger to the
community by virtue of a diagnosed mental illness, receive
the treatment they need in a secure setting. The unit manages
and obtains civil commitments to mental health facilities for the
following types of individuals who present a substantial risk of
harm to the community or themselves:
•
Sexually Violent Predators, legally defined as those who
have been convicted of at least one sex offense which
was committed due to a mental disorder and who
present a substantial risk of re-offending by engaging in
sexually violent predatory criminal behavior as a result
of that mental disorder
•
Murphy Conservatorships for persons charged with
serious felony offenses, who have been deemed
incompetent to stand trial and present an immediate
risk of harm to others
•
Mentally Disordered Offenders who are identified
as needing ongoing mental health treatment after
completing their state prison sentence
•
Persons Not Guilty by Reason of Insanity who are placed
in a state mental hospital for treatment after they have
been found not guilty by reason of insanity
•
Developmentally Delayed Persons, who are Regional
Center clients referred to us to obtain an order for
their commitment if they are a danger to themselves or
others due to mental retardation
Parole Hearing Unit
The Parole Hearing Unit, led by DDA Jill Klinge,
handles parole suitability conferences for inmates
serving life sentences. When a person is convicted of a
crime and is sentenced to a possible life term, he/she
becomes eligible for release on parole after serving
a portion of his/her sentence. These hearings are
conducted at the prison where the person is housed.
The Alameda County District Attorney has an
experienced prosecutor review each case and appear
before the Parole Board at the parole hearings. This
prosecutor makes a recommendation to the board
to deny or approve the Petition to Grant Parole to
the inmate. Additionally, the prosecutor works with
the victim or victim’s next of kin to prepare them to
participate in the hearing, should they wish to do so.
Alameda County currently has 1,084 inmates in the
prison system serving life terms that are currently
eligible for parole or will be in the future. In
2011-2012, the Parole Hearing Unit dealt with 228
notices of hearing.
DDA Jill Klinge is seen here speaking with
victims of the infamous 1976 Chowchilla
kidnapping case after a parole hearing for
one of the three defendants. Ms. Klinge
is a state-wide expert in the laws and
procedures governing parole and parole
hearings. She handles Alameda County’s
cases, advises other counties throughout
the state, and lectures on the topic to
professional groups.
23
Consumer, Environmental
& Worker Protection
Our Consumer, Environmental and Worker Protection
Division (CEWPD) has the authority to investigate
wrongdoing and bring criminal actions and civil suits in
the public interest.
Dietary Supplements
Protecting consumers from fraudulent and misleading
claims by dietary supplement producers is of vital
importance, as the Federal Government does not regulate
the dietary supplement market. In 2011, the Alameda
County District Attorney’s Office settled multiple cases
involving fraudulent and misleading claims by dietary
supplement producers, including the largest such case in
California history.
DDA Scott Patton, a leader in the field, stated, “Unlike
prescription medication, dietary supplements do not need
to be pre-approved by the FDA before they can be sold to
consumers. Therefore, a dietary supplement can be sold in
the United States without prior government approval or
proof that it is either safe or effective for its intended use.”
Largest Dietary Supplement Settlement in California History
In February 2011, supplement distributor Irwin Naturals, Inc.,
agreed to pay a total of $2.65 million in costs, civil penalties and
restitution in the settlement of a lawsuit brought by nine California
District Attorney’s Offices. This is the largest multi-jurisdictional
dietary supplement settlement in California history.
The District Attorneys’ lawsuit accused Irwin of making false and
misleading representations in connection with the marketing and
sale of certain products. Testing showed the products did not
contain any Hoodia gordonii (a plant with appetite suppressing
properties) as stated on the label, effectively misbranding the
products. Also, Irwin was marketing and selling certain dietary
supplements containing lead without warning labels.
24
Fraudulent Health Care Providers
The Office is committed to prosecuting those in the health
care profession who commit fraudulent and illegal acts.
Common examples include embezzlement, billing for
unnecessary services or services not performed, illegal
medical clinics, and illegally prescribing drugs, especially
to young people.
People v Mario Alfredo Pacheco
On October 21, 2011, a jury convicted defendant Mario Alfredo
Pacheco of two felony counts of unlicensed dentistry, creating
risk of harm, and two misdemeanor counts of the unlicensed
practice of medicine and dentistry. The case involved two
victims. Charging $10,000, Pacheco ground his first victim’s
teeth down to little nubs, performed unwanted tooth
extractions and root canals, and never replaced her temporary
crowns with permanent ones. The second victim went to
Pacheco and asked him to only replace her silver fillings in two
teeth with white fillings. Pacheco charged the victim $1,500, and
performed two root canal surgeries against her will, extracted
a healthy tooth, and never gave her permanent fillings. He also
used diluted bleach in both victims’ mouths, and caused severe
pain and infection. Defendant Pacheco was sentenced to three
years and eight months in local prison, the maximum allowed
by law. The case was prosecuted by DDA Bob Hartman and
investigated by DA Inspector Tom Simonetti.
DA O’Malley Announces $1.125 Million Settlement in Healthcare
Marketing Fraud Lawsuit
When Danville chiropractor Benjamin Altadonna began
promoting the spinal traction device DRX-9000 as a patented,
FDA-approved, NASA-developed medical breakthrough in the
treatment of lower-back pain, it sounded too good to be true.
That’s because it wasn’t true. Alameda County teamed up with
11 other California counties to sue Altadonna for his predatory
marketing practices. The Honorable Judge Steven Brick ordered
Altadonna to pay over $1 million in civil penalties, costs, and
restitutions, and enjoined the chiropractor from practicing or
assisting in the practice of any future misleading marketing.
CEWPD
Combating Prescription Drug Abuse from All Angles:
Mothers With A Purpose
DA O’Malley is proud to collaborate with the non-profit
organization ‘Mothers With A Purpose’ to help prevent our
youth from falling victim to prescription drug abuse and
addiction. A group of Alameda County mothers deeply
concerned about the increasing rates of drug addiction among
teens formed the grass-roots organization to raise awareness
and combat this issue and its tragic consequences.
Prosecution of Unscrupulous Health Care Professionals
DA O’Malley is committed to working with professional
boards and the California Attorney General’s Office to combat
the growing incidents of prescription drug abuse, accidental
poisonings and overdoses. When legally appropriate, the DA’s
Office will prosecute health care professionals who violate the law
by over-prescribing or illegally prescribing prescription drugs.
National Drug Take Back Day
Rates of prescription drug abuse and addiction in Alameda
County are alarmingly high, as are the numbers of accidental
poisonings and overdoses due to these drugs. That is why the
Alameda County District Attorney’s Office and the DEA teamed
up to host several drug take-back events. The public was invited
to help prevent drug abuse and theft by bringing any expired,
unused, or unwanted prescription or over-the-counter drugs
to the Family Justice Center, where they could be safely and
properly disposed of.
Worker Protection
Our Worker Protection team investigates and prosecutes
violations of workers’ rights within our jurisdiction. The
Alameda County DA’s Office is proud to stand up for the
rights of workers in Alameda County.
People v Monica Mui Ung, NBC Construction
In April 2011, defendant Monica Mui Ung pled guilty to felony
violations involving prevailing wage fraud, workers compensation
premium fraud, and admitted a white-collar crime enhancement.
She was sentenced to four years state prison (execution
suspended), and placed on ten years felony probation. The court
ordered that she pay restitution for the underpaid wages to the
individual workers, and to the State Compensation Insurance Fund.
Defendant Ung owned and operated NBC Construction since
1995. NBC exploited its employees by failing to pay prevailing
wages, overtime, sick leave, pension, health care, training,
vacation, and other statutory benefits as required by labor laws.
NBC falsely issued certified payroll reports resulting in payroll
losses to individual workers.
DA O’Malley stated, “My Office is dedicated to ensuring the
rights of individual workers in our community. In this case, many
of the workers are non-English speaking and were fearful of
coming forward. They found themselves part of a captive labor
force working in the underground economy, and victimized by
the predatory practices of dishonest employers.” The case was
prosecuted by Lance Kubo, Blair Thomas and Bill Denny. The
Inspectors were Harry Hu and Hansen Pang.
Insurance Scams
Attorneys in this division prosecute cases involving fraud
of various types, including Workers’ Compensation, Life
Insurance and Annuity, Public Assistance, and Automobile
Insurance fraud. In collaboration with the California
Department of Insurance, our Automobile Insurance
Fraud team investigates and prosecutes all forms of auto
insurance fraud.
Phantom Menace Insurance Scam
On May 13, 2011, Los Angeles-based attorney Susana Ragos
Chung was convicted of two felonies stemming from her
participation in a large criminal conspiracy known to law
enforcement as “Phantom Menace.”
Between 2003 and 2007, defendant Chung submitted
insurance claims for people who staged car accidents for profit.
Nearly 100 people have been convicted in Alameda County
over the last several years as part of this conspiracy, including
more than 90 “accident” participants and three chiropractors.
As part of her sentence, Chung must pay $117,561.93 in
restitution to insurance companies along with a restitution fund
fine of $235,123.86. Her restitution order also requires her to
pay back insurance companies for15 separate fraudulent claims.
DA O’Malley stated, “This type of crime is highly sophisticated
and widespread. Successful prosecution depends upon the
collaboration of many different agencies. The extensive and
meticulous investigation of this case involved a successful
partnership between the District Attorney’s Office, the California
Department of Insurance and the Highway Patrol, without which
this resolution would not be possible.” The case was prosecuted
by DDA Erin Loback. The Inspector was J.P. Williams.
25
CEWPD
Mortgage Scams
In addition to prosecuting real estate related crime, our Office is proactive in alerting the community of scams we see and
issuing consumer alerts to inform residents and businesses of dishonest and deceitful activities. There were more than 380
complaints made by consumers in 2011-2012.
People v. Alan David Tikal, of Las Vegas-Based ‘KATN Trust’
People v Angeline Lisa Lizarrago
On October 31, 2011, Alan
David Tikal was found guilty
of one felony charge of filing
false documents, and one
felony charge of accepting
advance fees for a loan
modification. The defendant
accepted advance fees for a
loan modification in violation
of the California Mortgage
Securities Act, filed false
documents with the Alameda
Defendant Alan David Tikal
County Recorder’s Office
and committed grand theft by charging homeowners for a
foreclosure rescue scam that did not work. Tikal was sentenced
to 16 months in state prison, and ordered to pay restitution to
the 11 homeowners in Alameda County victimized by this scam.
On November 23, 2011, Angeline Lisa
DA Nancy E. O’Malley said, “While Mr. Tikal has defrauded
hundreds of homeowners throughout California, thanks to
the quick action by the H.E.L.P. unit, we were able to limit Mr.
Tikal’s impact on homeowners in Alameda County to only a
handful of residents.” The prosecutor was DDA David Lim.
The Inspector was Pat Johnson.
Lizarrago, of the Avemos Financial
Group in Fremont, was convicted
of 23 felony counts stemming from
a foreclosure fraud scam against
financially distressed homeowners
from throughout Northern
California. The charges were filed
jointly by the Alameda County
District Attorney and the California
Attorney General’s offices. She was
sentenced to five years in prison
and ordered to pay $37,663.86 in
restitution to victims of her scam.
Defendant Angeline Lisa
Lizarrago
From June 2008 through October 2009 Lizarrago and her
co-defendant Michael Douglas Young targeted Spanish-speaking
homeowners as well as Southeast Asian immigrants. Clients paid
$1,500 and more for merely entering her business and filing out
information forms. Most of Avemos’s clients lost their homes in
the foreclosure process. The prosecutor was Sr. DDA Bill Denny.
The Inspector was Pat Johnson.
When appropriate, the DA’s Office uses various forms of social
media to inform the public of predatory scams.
26
H.E.L.P.
Responding to the Mortgage Crisis
In 2011, the Alameda County District Attorney’s
Office launched the Homeowner Education and Loan
Protection (H.E.L.P.) Program to assist the community in
responding to real estate fraud.
“Crimes involving real estate strike at the very heart
of the American Dream: home ownership,” stated a
H.E.L.P. team prosecutor. “Con artists in the field of
real estate fraud design elaborate schemes to steal
not only money and property, but the basic dignity
associated with home ownership.”
H.E.L.P. Program
In 2012, we consolidated our efforts in the
H.E.L.P. Program with the addition of a
new team member in the Real Estate Fraud
Unit. Our DDAs stepped up the community
outreach portion of the program, speaking
at numerous meetings of homeowners, real
estate agents, representatives of financial
institutions, as well as the wider community.
Senior DDA Bill Denny also presented on real
estate fraud to over 400 escrow agents at
their state conference.
H.E.L.P. is a model program and blueprint to address
crimes involving real estate on a multi-disciplinary, multisystem collaborative basis. It brings together the DA’s
Office, law enforcement, financial institutions and the
community to help combat fraud in our region.
The primary goals of H.E.L.P. are:
• protection of a victim’s home
• prevention of large-scale scams
• accountability for individual criminals
H.E.L.P. provides law enforcement and community
partners with effective and proven strategies to augment
local, regional, and national capacity to identify, intervene,
investigate, and prosecute real estate fraud cases while
supporting and educating homeowners against fraud.
27
Environmental Protection
ENVIRONMENTAL PROTECTION
The Alameda County District Attorney’s Office is committed to preserving the beauty and integrity of our environment. Our
Environmental Protection Unit investigates illegal dumping, toxic spills and other issues that negatively impact our sensitive
ecosystems. We believe a healthy environment is essential to our own health and wellbeing, and that of future generations.
Under the leadership of ADA Ken Mifsud, we pursue those who pollute our environs to the fullest extent of the law, and also
seek restoration of damaged areas.
Alameda County Takes Chain Pharmacies to Task for
Improperly Dumping Hazardous Waste: three cases from 2012
•
In April 2012 Alameda County was one of 44 California
counties to bring a suit against CVS Pharmacy, Inc. for
violating state laws regulating safe storage, handling,
and disposal of bio-hazardous waste. After the state
of Connecticut discovered violations at CVS locations
in 2010, Alameda County agencies led the way in a
California investigation that found CVS to be in violation of
regulations governing the safe handling and proper disposal
of hazardous waste and pharmaceutical products. Over a
period of seven years, CVS had been improperly disposing
of sharps waste (contaminated needles), pharmaceutical
waste, waste from photo-developing chemicals, and waste
generated from spills of other hazardous products that the
store carries. A Ventura County court ordered CVS to pay a
$13.5 million settlement, and enjoined the pharmacy chain
from any future alleged violations.
•
•
In December 2012, Alameda County joined forty-two other
prosecutors’ offices in securing a $16-million-dollar settlement
from Walgreen’s Co. for failure to properly dispose of
hazardous materials.
All three of these cases were prosecuted by Ken Mifsud. The
investigators were Hansen Pang and Mike Oppido.
DA O’Malley Anounces Settlements with Daiso
In January 2012 Alameda and Santa Clara Counties reached a
$350,000 settlement in their lawsuit against Daiso that alleged
that some of the products sold in the Japanese discount store’s
Bay Area locations may have violated certain sections of the
California Health and Safety Code. The products in question
were toys, which despite being marketed to children, might
have contained unsafe levels of lead and phthalates (compounds
used to increase the flexibility of plastics). The money from the
settlement will be used to support local enforcement of California
consumer protection laws and the state Safe Water and Toxic
Enforcement Fund. The case was handled by DDA Scott Patton.
In August 2012, Alameda County joined 35
other prosecutors’ offices in a separate suit
against Walgreen’s for similar infractions.
The lawsuit alleges that more than 600
Walgreen’s stores throughout the state
dumped nasty materials including pesticides,
bleach, aerosols, pharmaceutical and
biohazardous waste, and other toxic,
corrosive products. All 32 Alameda County
Walgreen’s locations were involved in these
illegal cost-cutting measures.
“California hazardous waste law requires companies carefully store, handle, and dispose of hazardous
wastes and materials,” said DA O’Malley. “My Office, along with my fellow DA and City Attorney
Offices, is committed to ensuring that all businesses comply with these laws.”
28
Environmental Protection
Oil Spill Civil Settlement
On May 9, 2012, Alameda County District Attorney Nancy O’Malley
and San Francisco District Attorney George Gascón announced
that a $1.96 million settlement was reached in a civil action against
the owner and operator of the Dubai Star for causing an oil spill in
the San Francisco Bay on October 30, 2009. This civil settlement
was the result of a unique partnership between local law
enforcement and the California Department of Fish and Game.
In the early morning of October 30, 2009, the Dubai Star began
taking on fuel (bunkering) at Anchorage 9 in the San Francisco Bay
– south of the Bay Bridge. A fueling barge had pulled alongside
the Dubai Star and begun pumping bunker oil into it. At about
5:45 a.m., a Dubai Star crewmember turned a wheel to shut
off the flow of bunker fuel to a port tank that had reached its fill
capacity and directed fuel into a starboard tank. However, due to
an apparent valve failure, bunker fuel continued to flow into the
first tank until it overflowed. Bunker fuel spilled out of the tank’s
vent onto the ship’s deck and ultimately spilled over the ship’s hull
into the San Francisco Bay.
Although the oil spill occurred in the jurisdictional
waters of San Francisco County, the prevailing
Bay tide carried the spilled bunker fuel to the
tidal areas of Alameda and Bay Farm Island. An
environmental incident investigation conducted
by the California Department of Fish & Game
(CDFG) concluded that the oil spill impacted over 200 acres of
rocky intertidal, sandy beach, marsh/mudflat and eelgrass habitat
from Alameda Point to the Oakland Airport. CDFG estimated
that approximately 113 seabirds died, including grebes, brown
pelicans and coots. The spill resulted in recreational use losses of
beaches and marinas in Alameda.
In addition to the $1.96 million settlement, the lawsuit also
established permanent injunctions requiring that the defendants
maintain and comply with oil transfer procedures in accordance
with federal and state law, ensure that monitoring devices are
installed and operating properly, and immediately report a
discharge or threatened discharge of oil into marine waters to
the California Emergency Management Agency. The case was
handled by DDA Scott Patton.
Oil-covered Coots
photos by Nils Warnock,
Wildlife Health Center, University of
California, Davis
Oil spilling into San Francisco Bay from the Dubai Star
29
Serving
Testimonial
“…had it not been for your
program, I don’t know what I
would have done…I would still to
this day be seated at my kitchen
table, holding my head in my
hands, crying and wondering how
am I going to pay for this funeral.”
~ an Alameda County victim of crime
Victim-Witness Assistance Division
Every case we bring against a criminal defendant is tried in the name of “the People.” In the Alameda County
District Attorney’s Office, we understand “the People” to be much more than an abstraction. We believe that our
role is not only to punish criminal wrong-doing, but also to help victims mend the rifts that crime has imposed
on their lives. We strive to serve the interests of the people who bear the immediate burden of crime, and place a
high priority on addressing their needs. Through restitution, relocation, and a variety of other services that our
Office provides, we to do more than simply represent “the People” in a court of law – we are also able to serve
the people in our community in the interest of a more complete justice.
Additionally, we offer victim services to our community, including:
•
•
•
Criminal docket finder to track the progress of cases online
Inmate locator to find out if a defendant is in custody
The Family Justice Center, a one-stop shop for victims of domestic abuse, sexual assault and human trafficking
2011 - 2012
30
Number of services provided to victims of crime and their families
112,785
Victims provided with services
18,474
Clients assisted in filing a VOC application
7,018
VOC applications processed and advocated
6,370
Victims of Crime
Restitution Unit
There is a financial cost to crime, and it is mostly borne by victims.
The Alameda County District Attorney’s Office is a strong advocate
for crime victims and actively pursues victim restitution in every
criminal case. More than a decade ago, we became the first District
Attorney’s Office in the state to establish a dedicated restitution unit
for the purpose of assisting crime victims in obtaining restitution
from their offenders. Our Restitution Unit has now become a model
for the rest of the State and is the recipient of the California State
Association of Counties’ Merit Award for innovation and leadership.
Our Office seeks restitution orders against convicted
defendants in every case where the victim incurs a financial
loss. California law requires restitution be paid by the
person responsible for the crime.
Leadership in Restitution
The Alameda County District Attorney’s Office is a
statewide leader in victim’s rights and assistance. In 2012,
our Restitution Unit obtained 1,012 restitution orders on
behalf of crime victims in Alameda County totaling more
than $12 million dollars.
Alameda County DA’s Office Restitution Program: #1 in the state for more than 11 years
2012
Last Five Years (2008-2012)
Number of Restitution Orders Obtained:
1,012
5,973
Amount ordered payable to Crime Victims
$11,321,949
$72,014,182
Amount ordered payable to State of California
$ 1,159,824
$ 5,293,377
Victims of Crime Program
Subtotal:$12,481,773$77,307,558
Plus Restitution Fines imposed
on every criminal conviction
$ 769,997
$ 3,251,978nd Total:
Grand Total:
$13,251,770
$80,559,536
31
Serving
New Leadership
In April 2011, Cherri N. Allison, Esq., a
leader of the Family Justice Center since
its founding, became the Center’s new
Executive Director/Legal Advisor.
Ms. Allison was formerly the Executive
Director of the Family Violence Law Center.
She is a statewide and nationally recognized
leader in the field of domestic violence.
Family Justice Center
About the Center
The Alameda County Family Justice Center (ACFJC) is a
collaboration of government and non-profit agencies
ensuring the safety, healing, and self-sufficiency of victims
of domestic violence and their families, victims of child
and elder abuse, victims of sexual assault, and victims of
exploitation and human trafficking. The ACFJC provides
easily accessible, comprehensive and culturally-sensitive
services in a central location.
Often referred to as a ‘one-stop’ Center, it houses more than 35
partner agencies with referrals to more than 60 off-site partners to
provide an efficient system of services with victim safety at its core.
2011 Highlights:
• ACFJC partnered with ‘Get Connected Oakland’ to launch
basic computer skills classes for survivors of crime.
• The ACFJC was selected by the California State
Legislature as the Research and Development Center for
FJCs. Alameda County is highlighted as a model in SB 557
as a center for measuring outcomes and identifying best
practices for all communities in California.
Alameda County
Family Justice Center
32
• The Alameda County Family Justice Center serves as a
regional training center, assisting new and emerging sites
in expanding and developing multi-agency service delivery
models around the state.
• ACFJC launched a series of interfaith leaders forums to
discuss the intersection of religious beliefs and family violence.
Victims of Crime
2012 Highlights:
• The Annual ONE Gala honored a survivor of
domestic violence and four youth community
leaders. The funds from the ONE Gala enabled the
ACFJC to continue to support the ACFJC’s KidZone
Children and Youth Services Program, as well as the
ACFJC Client Transportation Program.
• In September of 2012, the ACFJC was awarded a two
year grant in the amount of $899,178 from the Office
of Violence Against Women Grants to Encourage
Arrest Policies and Enforcement of Protection Orders
Program that supports the ACFJC client navigator
program as well as five other community-based
organizations to provide services to victims of domestic
violence, sexual assault and stalking.
• In October of 2012 the ACFJC launched the Library
Literacy Development Program in partnership
with the Alameda County Library. ACFJC clients
participated in four self-empowerment sessions while
their children engaged in story time. Topics included:
nutrition, academic achievement, computer skills
development, and arts and crafts.
• As a Regional Training Center and Technical
36,204
people in need
walked through these doors in 2011 and 2012 and received help
Assistance Provider the ACFJC conducted nine
trainings for emerging and established Family Justice
Centers as well as officers from political offices. These
FJCs included: Honolulu, Solano, West Contra Costa,
Sacramento, and Stanislaus
• In 2012, a partnership was formed between the
Alameda County Library System and ACFJC to bring
a pop up library to the center (P.U.L.S.E.: Pop Up
Library Services for Everyone).
33
Ribbon cutting ceremony at
KidZone rededication
KidZone Rededication
In late November 2011, the Golden State Warriors
renewed their commitment to children in Alameda
County with the rededication of the KidZone Reading
and Learning Center at the Alameda County Family
Justice Center (ACFJC).
The newly refurbished Reading and Learning Center
is equipped with educational materials, books, photos,
furniture, signage and healthy snacks. It is a safe and engaging space for children to learn and play while their family is seeking
assistance at the ACFJC.
Warriors President Rick Welts and team legend Alvin Attles joined Alameda County District Attorney Nancy O’Malley, Alameda County
Administrator Susan Muranishi and other local dignitaries, in a ceremony at the center.
One
“Together as one the world is a safer, warmer, better place.”
ACFJC Fifth Annual ‘One’ Gala
In January 2012, over two hundred people gathered at the Rotunda Building in Oakland for the
Fifth Annual “One” Gala in support of the Family Justice Center.
Guests were entertained byAlvin
a string
quintet of local youth violinists and comedian Michael
Attles reads to the
Pritchard, who is noted for his work
empowering
youth. The FJC Gala provides much-needed
children
in KidZone
funding for the KidZone.
34
Community Outreach
Speakers Bureau
The Speakers Bureau is a community outreach and
education program aimed at informing citizens of
Alameda County about the functions of our Office and
the judicial system. We match qualified speakers from
the District Attorney’s Office with community groups
and organizations wishing to learn more about various
aspects of the criminal justice system, victims’ rights,
consumer protection and the role of the DA’s Office.
Since the program launched in September 2011, our
speakers have presented at over 100 events ranging from
small service organizations to large conferences with over
500 attendees.
We encourage entities such as neighborhood
organizations, educational institutions, faith-based groups,
and clubs to request a speaker.
Our most requested speaking topics:
1. Introduction to the DA’s Office
2. Human Exploitation and Trafficking
3. Identity Theft
4. Cybersafety for students and parents
5. Elder Abuse and Protection
If you are interested in requesting a speaker from
the District Attorney’s Office for a community
meeting, class or other function, please fill out the
online form or call District Attorney’s Office at
(510) 272-6222. The online form can be found at:
alcoda.org/speakers_bureau
35
Community Outreach
Enabling a Brighter Future
The Spirit of Voluntarism at the DA’s Office
Alameda County Penal Code § 1204.3 Program
Our employees have a long history of giving back to the
community by spending many hours of their personal time
helping worthy causes throughout the county.
For many people who have been convicted of a crime,
punishment does not end when they are released from custody,
or even when they have fulfilled the terms of their probation.
With a criminal conviction on their records, many find it difficult to
secure gainful employment, rent an apartment, or even volunteer
with the organization of their choice. Those seeking to turn
their lives around can find their efforts thwarted by the ghosts of
their past misdeeds. That is why the Alameda County District
Attorney’s Office provides free information to the public about
California Penal Code § 1204.3, which allows certain types of
convictions to be expunged from a person’s criminal record.
Every year, we participate in National Night Out, carry the torch
to support the Special Olympics and volunteer in dozens of
community street fairs and other local events.
In 2012, DDA Mark McCannon gave several presentations at
Heald College and the Peralta Colleges detailing which types of
convictions are eligible for removal from a criminal record under
1204.3 and which are not. McCannon told students about the
benefits of the program, and gave them information about how
to file a 1204.3 petition, even bringing petition forms for students
with convictions to fill out on the spot.
DA employees support National Night Out 2012
Inspector Harry Hu & Rebecca Tse volunteer at a
street fair in Oakland’s Chinatown
Under the leadership of
DDA Matt Beltramo, DA
staff volunteer annually
at the Alameda County
food bank. (Pictured: Mas
Morimoto & Kalila Spain)
36
Reaching out to all of Alameda County
All five public service announcements
(PSAs) are available at:
www.alcoda.org/psa
In order for justice to be served, it is of vital importance that
crime victims be able to exercise their rights. Victims of crime
have the right to know what is happening with their case, to
speak up in court, to be reasonably protected from the defendant
and to be informed of the defendant’s sentence, incarceration,
and release. Victims also have the right to restitution, and to get
their stolen or damaged property back. Most importantly, victims
of crime have the right to be treated with dignity, fairness, and
respect, and to be told what their rights are.
The DA’s Office has produced
a public service announcement
informing victims of their rights.
In the interest of making this
information available to as many
Alameda County residents as
possible, our Office produced videos
containing the same information in
five languages that are widely spoken
here: Cantonese, Farsi, Spanish,
Tagalog, and English. All five PSAs are
available for viewing on our website
(www.alcoda.org/psa).
Diversity Outreach
With substantial immigrant communities from
all around the world and no majority ethnic
group, Alameda County is one of the most
diverse counties in the state. Addressing the
needs of such a multifaceted population can
be quite a challenge. Cultural and linguistic
barriers sometimes impede the flow of
important information between our Office
and the communities we serve. That is where
our diversity outreach team steps in. Nahid
Aria and Rebecca Tse are in charge of our
Office’s outreach efforts to the Farsi-speaking
community and the Cantonese/Mandarin
speaking communities, respectively. Making
appearances at different community meetings,
speaking engagements, and special events,
Nahid and Rebecca help to bridge the language
gap, informing audiences of the many services
our Office provides.
Nahid Aria (right) pictured here with Jing Jing Shia
37
Youth Outreach &
The District Attorney’s Justice Academy
The District Attorney’s Justice Academy is a program established by the our Office with the East Bay Youth
and Family Initiatives in 2011. This program provides youth ages 16 to 18 with the opportunity to learn
about the justice system by participating in educational seminars and paid internships.
The Inaugural class of 20 students from the Livermore, Pleasanton and Dublin School Districts met every
other week during the Spring Semester. Presenters at each two-hour session included judges, local
elected officials, reporters, criminal and civil attorneys, patent attorneys and law enforcement professionals.
The presentations offered the students an opportunity to learn from and engage with some of the top
professionals in the fields of law and justice.
When school ended, each student was placed in a paid internship in a legal or government office. Through
this wide array of internships, students gained valuable work experience, as well as different skills needed in
the real-world. The program culminated in a presentation by each student on a topic of their choosing.
During the Fall of 2012, the Justice Academy expanded its reach, offering a second academy for students
attending school in the Hayward, San Lorenzo, San Leandro and Castro Valley School Districts. During the
spring and summer of 2013, the two academies will be in full swing.
Youth Work Experience
The Alameda County DA’s Office is committed to helping youth in our county gain real-world skills and
experience by participating in summer internship programs. In addition to the DA’s Justice Academy, we work with
organizations such as New Beginnings, Soulciety, The City of Union City, Upward Bound, Oakland Tech High
School, and the County Administrator’s Youth Leadership Academy to place local youth in summer internships.
In the summer of 2012, we placed twelve local youth in administrative roles in our offices around the county. Our
interns learned various skills and gave presentations to their supervisors at the end of their internships on such
topics as the Grand Jury Report and the Governor’s Budget.
38
Youth Empowerment
Alameda County Girls’ Court
Girls’ Court establishes a gender-specific approach to girls entering the juvenile justice
system. This program provides wrap-around services and closer supervision to young
girls who display ongoing delinquent behavior or are at risk for being commercially,
sexually exploited.
Girls Court began in June 2011 and meets weekly at the Alameda County Juvenile Justice
Center. It provides consistency and sensitivity for the girls and is staffed by the same
District Attorney, Public Defender, and two judges. Girls Court also acts as a referral
source for the Diversion Program, an education and life skills training course, as an
alternative to formal prosecution.
Young Woman’s Empowerment Program
The Alameda County Young Woman’s Empowerment Program is a 12-week educational
and counseling program for girls involved in commercial sexual exploitation. The curriculum
is designed to meet the specific needs of the participants and includes such topics as
an overview of the juvenile justice system, healthy relationships and decision making,
understanding their culture, and assistance in achieving dreams. Additional partners provide
counseling, mentorship, case management, life skills, employment and training. Both of
these programs coordinate with Safety Net to serve the needs of this at-risk population.
Restorative Justice Program
The Alameda County DA’s Office has been a leader in the establishment of the county’s
Restorative Justice Program. In 2011, the program received a three-year implementation grant.
Assistant District Attorney
Jennifer Madden oversees many
of these programs.
The Restorative Justice Program takes place outside of the formal juvenile justice system.
It seeks to ‘restore’ the harm done to both the community and the victim, and hold the
offender accountable. Participation in Restorative Justice is voluntary; if the minor completes
all the tasks and responsibilities agreed to under the program, the case is dropped before
he/she is brought into the system. However, if the minor fails to fulfill the obligations, then
the District Attorney will file charges in juvenile court.
Cyber-Bullying and Internet Safety Programs in Schools
DA O’Malley speaking at the Bay Area Stop Bullying Summit
The Alameda County District Attorney’s Office has designed a program
specifically aimed at school-aged children and their parents about
cyber-bullying, internet safety and being a good online citizen.
In the Fall of 2011, members from our new Speakers Bureau gave
presentations on cybersafety to over 1,000 students at junior high
schools in Fremont. They were joined by speakers from McAfee, and
both encouraged students to be safe when using the internet and
social media. The kids were warned about stranger danger, cyberbullying, identity theft and other dangers lurking in cyberspace.
39
Keeping Kids in School
Students with chronically poor attendance or who are frequently suspended from school are at greater risk of dropping out than
are those students with good attendance. Dropouts are three times more likely than high school graduates to be arrested. Clearly,
it is in the community’s interests to keep kids in class and give them a fighting chance.
We Must Work Together to Get Children to Attend School
Many excellent programs, interventions, and strategies exist to
keep students present and engaged in school. The At School
web site (atschool.alcoda.org) aims to gather in one place the
information, tools, and resources that we believe will prove
valuable in this joint endeavor.
The Alameda County District Attorney’s Office is committed
to addressing the epidemics of chronic absenteeism and
habitual truancy. We are acutely aware of the correlation
between poor school attendance during childhood and teen
years and eventual involvement in the criminal justice system.
This Office is dedicated to working together with educators,
school administrators, law enforcement, health professionals
and community based organizations to ensure that our youth
attend school every day and graduate ready to succeed in
college and work.
every day counts
ATTEND TODAY ACHIEVE TOMORROW!
‘Every Day Counts’
In September of 2012, the Oakland Education Cabinet,
chaired by a member of the DA’s Office, launched ‘Every
Day Counts: Attend Today, Achieve Tomorrow’, a new
initiative to encourage attendance in the formative years of a
child’s education.
The Oakland Education Cabinet Toolkit contains valuable
resources for parents and schools, and can be found at
atschool.alcoda.org.
40
An Opinion piece by Alameda County District Attorney
Nancy O'Malley and Superintendent Tony Smith of the
Oakland Unified School District.
Originally published in the Oakland Tribune/Contra Costa Times on
09/06/2012.
On Aug. 27, Oakland Unified School District students headed
back to school. Sadly, far too many Oakland students missed
that first day and continue missing so much school that they put
themselves at academic risk.
In fact, nearly one in seven Oakland students misses nearly a
month of school every year, a trend that starts for some children
as early as kindergarten.
Children who are chronically absent in kindergarten and first
grade are much less likely to read well by the end of third grade,
and are more likely to have poor attendance in later grades.
By middle and high school, chronic absence is a proven early
warning sign that a student will drop out. This is especially true
for economically disadvantaged students who need school the
most to break out of the cycle of poverty, but are sometimes
getting the least.
To turn this around, OUSD is launching an "Every Day
Counts; Attend Today, Achieve Tomorrow" campaign to bring
more students to school. Our local initiative is helping to
inspire similar efforts in other communities as two national
organizations, Attendance Works and The Campaign for Grade
Level Reading, launch a call to action to all local superintendents
to reduce chronic absence starting in the early grades.
We are committed to working collaboratively with parents,
community service agencies, the courts and schools to help pull
in, rather than push out, struggling students.
The DA’s Attendance and Truancy Program
Truancy and Attendance Program
For the past decade, the Office’s Truancy and Attendance Program has worked
hand-in-hand with the 16 school districts in Alameda County to proactively
address the epidemic of school absenteeism. Because of the unique process
developed by the Office, the program enjoys huge successes each year and
has emerged as a model for other DA Offices throughout the state.
Alameda County Truancy Court won over angry mom
Led by Assistant DA Teresa Drenick and Deputy DA Pamela Nunley, the
program partners with the Alameda County Superior Court, the Probation
Department, the Alameda County Office of Education, Alameda County
Health, the Asthma Start Program, and the Lincoln Child Center in a
coordinated effort to tackle obstacles to regular school attendance.
“I was mad I had to go,” she recalled. She was referred
to the court because her son was perpetually late for
kindergarten. She “went off” on the counselors at the
Lincoln Child Center family services organization. “I felt like
they were trying to make me out to be an unfit parent.”
The program addresses cases of both elementary and secondary school
truancy. In the former, parents face infraction and/or misdemeanor charges in
Alameda County Superior Court. In the latter, teens and their parents attend a
mediation process, and, in some instances, come before the Presiding Judge of
Juvenile Court.
Teen Truancy Case
Andrea J. came to truancy mediation in March of 2011. At the time, Andrea
rarely attended school, was only passing one class, and admitted that she
smoked marijuana on a regular basis (which surprised and saddened her
father). When she returned for her first progress report in April, Andrea
had slightly improved her attendance, but reported her ongoing use of
marijuana. By May, Andrea’s attendance had declined even further and she
was suspended for being in possession of marijuana on campus. A 601(b)
Truancy Petition was filed with the court.
Andrea was arraigned on the petition in July, and made a ward of the court in
August. By December, Andrea continued to be tardy to class, however she
reduced her cuts to four. Andrea’s grades were also showing improvement.
Andrea continued to struggle with discipline issues at school. In April, she
was suspended for being disruptive in class, and again in May for coming to
school under the influence of marijuana. Andrea was remanded to spend the
weekend in custody. In June, Andrea tested positive for marijuana and was
placed on G.P.S. (electronic monitoring). Andrea enrolled in summer school at
the court’s direction.
Andrea remained on G.P.S. through the summer, and earned an A+ and a
B- in summer school. When Andrea returned to school in September, she
appeared to have a better attitude and purpose for school. She was released
from G.P.S., and attended school daily. All of her teachers reported Andrea
was doing well and was a pleasure to have in their class. By her November
Progress Report, Andrea had perfect attendance and straight A’s on her report
card. She was very proud of her accomplishment, and told the court of her
desire to be a therapist. Andrea’s father thanked the court for its assistance
in getting his daughter back on track. She was being successful at school and
well-behaved at home. Andrea’s truancy case was successfully dismissed on
November 2, 2012.
By Brenda Payton
Published 4:00 a.m., Sunday, April 22, 2012
When Antrel Price walked into the Alameda County
Truancy Court, she had an attitude.
Price, the 37-year-old mother of three, was caring for an
elderly relative at night; she would get home at 6:30 a.m.
and fall asleep.
“I’d wake up at 8 and rush to take him to school. I didn’t
take being on time seriously; if he was five or 10 minutes
late, I thought it was OK, as long as he was there.”
At the Truancy Court, she learned the importance of
those first few minutes of school, when students receive
their instructions for the day. If her son missed them, then
he had to play catch-up.
By her third visit to court, she was no longer angry.
“I realized what the program was about. I actually liked
going to court, hearing other people’s stories, seeing their
progress, hearing the judge’s mini-lectures.” She was
shocked to learn the California Department of Corrections
and Rehabilitation looks at the third-grade truancy rate to
determine how many prison beds it will need.
She changed her schedule, and now her son is on time
every day. She also mentors other parents about the
importance of getting their children to school.
“If I call someone during the day and their teenager
answers the phone, I ask their parents why they’re at
home,” she said. “I explain how important it is for them
to go to school and tell them they don’t want to have to
go through what I went through.”
She said she knows a lot of parents who don’t think it’s
such a big deal if their young children miss school.
She’s one of the parents who is likely to hug Alameda
County deputy district attorney Teresa Drenick at her
June graduation.
“She’s wonderful. I love her. They worked with me
around my work schedule. They are willing to work with
the parents. I’m happy they have a program like that.”
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Legislation
2011
In 2011, DA O’Malley worked with lawmakers and testified on five
bills subsequently signed into law by Governor Jerry Brown:
2011 Chaptered Bills
AB 90 Criminal Profiteering Asset Forfeiture
Act : (sponsored by Assemblymember Sandre
Swanson) expands the criminal enterprise conduct
of child sexual exploitation and human trafficking.
Prosecutors can seize and forfeit money and
property obtained by traffickers in the commission
of the crime. These funds are used to assist
commercially sexually exploited minors.
SB 26 Prisons - Wireless Communication
Devices Legislation: (sponsored by Senator
Alex Padilla) criminalizes the smuggling and
possession of cell phones and other wireless
communication devices in California prisons. In
addition to approving SB 26, Governor Brown
issued an executive order extending the scope
of the bill.
SB 534 Victims of Sexual Assault: (sponsored
by Senator Ellen Corbett) guarantees that all
victims of sexual assault have access to forensic
medical exams at no cost to the victim. This
bill brings California into line with federal
regulations and ensures California receives
millions of dollars in federal money under the
Violence Against Women Act.
SB 622 Sex Offenders Registration
Legislation: (sponsored by Senator Ellen
Corbett) requires sex offenders convicted in
other states to register in California.
District Attorney Nancy E. O’Malley’s work in Sacramento addresses key
public safety issues as well as the rights of victims of crime.
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SB 557 Family Justice Centers Legislation:
(sponsored by Senator Christine Kehoe)
recognizes Family Justice Centers as a model
for community response to domestic violence,
sexual assault, child sexual exploitation and
abuse, human trafficking and elder abuse.
Legislation
2012
In 2012, our office hired a Legislative Coordinator to help build upon our efforts to affect change in legislation.
The Legislative Committee, composed of Attorneys, Inspectors and Victim Advocates, met regularly in 2012
to review over 20 internal proposals aimed at improving current laws. The committee was tasked to select a
few proposals to move forward. Our Legislative Coordinator works closely with the California District Attorney’s Association, our county and
federal lobbyists, and local delegates to incorporate elements of the proposals into law. In 2013, the committee will review bills that have been
proposed around the state. At the end of the review process, the committee will make a recommendation either to support a bill or to oppose it.
2012 Chaptered Bills
SB 561 (2012) Co-Sponsored. Requires the Alameda County
District Attorney’s Office and the Los Angeles County Sheriff’s
Department to collect statistical data on arrests or prosecutions
involving private information, as defined, gathered from the
internet that was used in furtherance of a crime within each
participating entity’s jurisdiction. Chaptered.
AB2040 (2012) Advised. An adult who was previously
adjudicated to be a ward of the juvenile court because he or she
committed a prostitution offense may petition the court to seal
the records of the offense. Chaptered.
2012 Propositions
Prop 35 (2012). On November 6th, 2012, Californians
overwhelmingly approved Proposition 35, also known as the
Californians Against Sexual Exploitation Act (CASE ACT). The
state proposition passed with eighty-one percent voting in favor of
the anti-human trafficking legislation.
“Sex traffickers prey on the most vulnerable in our society.
They get rich and throw their victims away,” says DA O’Malley.
Assistant Alameda County DA and human trafficking expert
Sharmin Bock co-authored the proposition. “This ballot initiative
is a comprehensive and effective response to an epidemic that
plagues our state and must be stopped in order to protect our
children from what is modern day slavery,” she said. O’Malley and
Bock are both national victims’ advocates and leading proponents
of the CASE Act. According to DA O’Malley “Proposition 35 will
hold these criminals accountable. By passing 35, Californians
made a statement that we will not tolerate the sexual abuse of
our children and that we stand with the victims of these horrible
crimes.” On Election Day 2012, California did just that, approving
it by a historic 81%.
Proposition 35 increases prison sentences and fines for those
convicted of human trafficking. Of the imposed and collected
fines, seventy percent will be administered to public agencies and
nonprofit corporations that provide direct services to victims of
human trafficking.
The initiative includes changes regarding how evidence can be
used against human trafficking victims. Proposition 35 explicitly
prohibits the possibility that evidence of a victim’s having engaged
in sexual activity be used to attack his or her character in court.
The legislation also prevents certain legal arguments from being
used in human trafficking cases involving minors.
According to the National Center for Missing and Exploited
Children, one out of seven children is solicited for sex online
in the United States. In acknowledgment of the growing role
that the internet plays in human trafficking, Proposition 35 not
only requires traffickers to register as sex offenders, but also
mandates all registered sex offenders to disclose their internet
accounts to law enforcement.
Lastly, Proposition 35 requires additional law enforcement training
on handling human trafficking cases. All peace officers employed
by local police departments, sheriff’s offices, and the California
Highway Patrol, who perform field or investigative work, are
required to complete a minimum of two hours of training on
how to handle human trafficking complaints. Training must be
completed by July 1, 2014 or within six months of the officer
being assigned to the field or investigation.
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Realignment
What is realignment?
Realignment is an initiative that provides strong opportunities for individuals
who have committed crimes to access resources such as education,
employment training, substance abuse counseling and mental health
services. Realignment aims to provide the support networks and services
that will help these individuals make crime-free choices. This will reduce
criminal behavior and protect the public from being victimized by crime.
Realignment shifts responsibility from the state to counties for the
custody, treatment, and supervision of individuals convicted of specified
crimes of a non-violent, non-serious and non-sexual nature. The
legislation changed the current correctional system and altered the felony
sentencing structure when it went into effect on October 1, 2011, and
saw full implementation in 2012. Now, felons leaving state prison whose
committing offense is non-violent, non-serious and non-sexual are no
longer released on parole, but are released to a probation supervision
called Post Release Community Supervision (PRCS). Likewise, felons
convicted of new non-violent, non-serious and non-sexual offenses
and who have not suffered a prior conviction for such no longer serve
a prison sentence in state prison, but rather serve their state prison
sentence in a county jail. This sentence can also be “split” meaning the
sentence can be served in part in the county jail and the remaining part
under a probation supervision called Mandatory Supervision. If the prison
term is not split, the felon will not have a period of supervision upon his/
her release from custody. Additionally, starting July 1, 2013, most parole
violations will be handled by the local courts and not by the state.
What is the goal of the legislation?
The intent of realignment is to increase public safety by realigning lower
level offenders to community corrections programs strengthened
through community based punishment, improved supervision strategies
and evidenced based practices, supervision practices demonstrated
by research to reduce recidivism. This includes employing proven
alternatives to incarceration for low-risk offenders.
This is sound public policy for a number of reasons: it reduces criminal
behavior, increases public safety, and diminishes the harmful effects of
incarceration for individuals and communities.
What do these changes mean for Alameda County?
Low-level offenders who meet the criteria will serve their prison
sentence in Santa Rita, our county jail, under the jurisdiction of the
Alameda County Sheriff’s Office, and not in state prison under the
Department of Corrections. Many inmates released from prison are
no longer supervised by state parole but rather are supervised by the
Alameda County Probation under Post Release Community Supervision.
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DA O’Malley serves as a member of the executive committee
that oversees the implementation of realignment for Alameda
County. The District Attorney’s Office has an input into all
decisions related to our county response to realignment.
Probation Violations and Revocations
When an individual is alleged to have committed a new offense,
the DA coordinates with probation in determining whether the
DA will file new charges in lieu of, or in addition to probation’s
filing of a revocation petition. The DA has similar power to
revoke PRCS and Mandatory Supervision. The DA staffs the
courts that handle these revocation proceedings.
New Prosecutions
The DA is the only entity that has the constitutional and statutory
authority to file criminal charges against an individual. The filing
decision lies within the discretion of the DA and each case is
evaluated at all stages on a case-by-case basis. The DA will
continue to effectively negotiate alternatives to prison sentences
through formal felony probation. The DA has documented that
the use of felony probation has been effective, with only a 27
percent recidivism rate.
Protection of Victims
The DA is constitutionally mandated to ensure and uphold the
rights of crime victims. Our Office, through our Victim-Witness
Assistance Division is responsible for victim notification, and
partners with probation to ensure that all victims have contact
with probation to expedite information sharing related to Post
Release Community Supervision status, the existence of stay–
away orders, and victim restitution.
Systemic Reforms
The DA has, and continues to, assign attorneys to outreach to
individuals and the defender community to provide information
on opportunities for those convicted of felonies that fall within
realignment. Requests to set aside felony convictions are
submitted to the DA for review; where appropriate, the DA
assists individuals in filing these petitions. The DA will work with
the court to establish a centralized court to review the petitions,
and will staff the court to streamline the process.
Awards, Honors
& Milestones
Chief Assistant District Attorney
Kevin Dunleavy, District Attorney
Nancy E. O’Malley & California
Supreme Court Associate
Justice Carol Corrigan
DA O’Malley Officially Sworn In
In an inauguration ceremony on January 3, 2011,
Nancy E. O’Malley was officially sworn in as the first elected female
District Attorney of Alameda County. California Supreme Court
Associate Justice Carol Corrigan administered the Oath of Office.
celebrating
achievement
& dedication
45
Honors, Awards & Milestones
Alameda County DDA Wins Prosecutor of the Year Award
At its Summer 2011 conference, the California District Attorneys
Association named Deputy District Attorney Joni Leventis as
CDAA Prosecutor of the Year. DDA Leventis received this great
honor due to her outstanding work in trial courts, her dedication
to victims of crime and her unwavering efforts to ensure that
justice is served.
State Advisory Committee on Juvenile Justice and Delinquency
Prevention
In 2011, Governor Jerry Brown appointed DA Nancy O’Malley
to the California State Advisory Committee on Juvenile Justice
and Delinquency Prevention.
Victims Compensation Program Award: Elyse Louie
Our Victims Compensation Claims Specialist, Elyse Louie, was
honored with The Star Award of the California Victim Compensation
Program for 2011.
Ms. Louie received the award as commendation for her excellence
and outstanding quantitative performance in the timely processing
of Victims of Crime claims for eligibility and financial bill payments.
CDAA Witness of the Year Award
In August 2012, Janett Mendoza was awarded the California District
Attorneys Association (CDAA) 2012 Patricia Lewis Witness of the
Year Award. Ms. Mendoza was a victim and witness in the case
People v Francisco Hernandez, prosecuted by DDA Tim Wellman.
DDA Joni Leventis
Excellence Award: Butch Ford
Deputy DA Amilcar “Butch” Ford was honored with the DA’s
Award recognizing a prosecutor who consistently demonstrates
excellence in representing the Office and the victims we serve.
Butch has been a Deputy District Attorney since 2000.
Since June 2009, Butch has successfully tried to verdict 26 cases,
including 8 murders, one of which was the murder of Michele
Le (see page 15). DDA Ford is an outstanding prosecutor, and is
a great mentor to younger deputies in the Office.
46
In September 2008, Janett and her boyfriend, Marco Casillas,
were out walking their dog in their Oakland neighborhood
when they were both gunned down by gang-member Francisco
Hernandez. Hernandez had incorrectly identified Marco, a young
Hispanic male wearing a red hat, as a member of a rival gang.
Marco died as a result of his injuries, and Janett suffered critical
injuries and spent more than two months in hospital recovering
from her wounds.
In the face of great adversity, Ms. Mendoza demonstrated an
extraordinary amount of courage, dedication, strength and
commitment to justice. She stood up to hatred, injustice and
violence and helped bring a violent murderer to justice. We are so
pleased for Ms. Mendoza, and wish her every success in the future.
Officer Recognition Awards
In honor of our hard working law enforcement community, Alameda County District Attorney Nancy O’Malley recognizes those who go
above and beyond the call of duty. These officers are nominated by deputy district attorneys for their outstanding investigations and tireless
dedication to their work. Each of the awardees’ thorough work has assisted in the successful prosecution of a serious case.
We congratulate them on their excellent work.
OPD Sergeant Rick Andreotti, DDA Charles Wilson and
DA Nancy E. O’Malley.
DA Nancy E. O’Malley & OPD Officer Omega Crum
The law enforcement personnel recognized in 2012 were:
Sgt. Eric Tang (Fremont PD)
Sgt. Robert Nolan (Oakland PD)
Officer Omega Crum (Oakland PD)
Sgt. Jason Weeden (San Diego PD)
Sgt. David Lee (Newark PD)
Officer John Koven (CHP)
Officer Matthew Kroutil (Pleasanton PD)
Recipients of the Hero Award, 2012
Officer Todd Young (Fremont PD)
Officer Patrick Bower (Fremont PD)
The law enforcement personnel recognized in 2011 were:
Sgt. Rick Andreotti (Oakland PD)
Officer Eugene Guerrero (Oakland PD)
Det. Sean McMillan, Sgt. Ray Kelly & Det. Rick Gonzales (Alameda County Sheriff’s Office)
Sgt. Nate Schmidt (Dublin/Alameda County Sheriff’s Office)
Sheriff’s Technician Karen Stirling (Alameda County Sheriff’s Office)
Det. Joseph Draghi and Det Steve Goard (Livermore PD)
Det .Gladys Rivera (California Dept of Insurance)
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Former DDA Eric Swalwell Elected to Represent
California’s 15th Congressional District
In November 2012, the voters of California’s newly redrawn 15th
congressional district (comprising all or parts of Pleasanton, Dublin,
Livermore, Hayward, and Union City, among other cities) elected
former Alameda County DDA Eric Swalwell to represent them
in Washington DC. At 32-years-old, Eric is the second-youngest
member of Congress.
Swalwell grew up in Dublin, and sat on the Dublin City Council
since 2010. He was a prosecutor with the Alameda County District
Attorney’s Office from 2006 until 2012, when he took unpaid leave
to conduct his congressional campaign. During his time with our office
he prosecuted 34 jury trials, a figure which includes cases of domestic
violence, human trafficking, and murder. From 2010 to 2012, Eric
served as Alameda County’s hate-crimes prosecutor.
On the Dublin City Council Eric worked to balance the city’s
budget without service cuts or lay-offs. He was also instrumental in
helping bring businesses into the region, and connecting the city of
Dublin to the Livermore wine region. He also served as an advisor
to the Tri-Valley Conservancy, a group that seeks to protect open
space, and as a youth soccer coach for the
San Ramon Soccer Club.
Former DDA Eric Swallwell
Eric’s intelligence, drive, and commitment
to the community will serve him well in
Congress. Though he will certainly be
missed, we at the District Attorney’s Office
are extremely proud and excited to see one
of our own elected to national office. We
know he will continue to do great things for
Alameda County from Washington.
DA Nancy O’Malley and
freshman Congressman Eric
Swallwell after the swearing-in
ceremony on Capitol Hill.
Eric was sworn in by O’Malley.
Eric’s first day at our Office
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Criminal Justice Roll of Honor
The Wall of Fame is an interactive tribute located on the first
floor of the René C. Davidson Courthouse in Oakland. The
brainchild of former DA D. Lowell Jensen, the Wall of Fame
features plaques honoring some of the prominent attorneys
and judges who have made significant contributions to legal
history both in Alameda County and nationally. The plaques are
accompanied by an interactive touch-screen allowing users to
read the stories of the honorees one at a time. Honorees were
chosen by a committee composed of attorneys from the District
Attorney’s Office, the Public Defender’s Office, and the private
defense bar, as well as judges. The Wall of Fame was unveiled in a
ceremony that took place in June, 2011. Special thanks to Alameda
County Supervisor Scott Haggerty for his instrumental role in
making this idea a reality.
California Chief Justice Tani Cantil-Sakauye
applauds after DA O’Malley addresses
audience at Alameda County Wall of
Fame dedication.
49
DDA Appointed to the Superior Court Bench
On November 21, 2012,
Governor Jerry Brown
appointed Deputy District
Attorney Scott Patton
to the Alameda County
Superior Court Bench. We
congratulate Scott on this
honor, though he will be
missed for his excellent work
as an attorney in this Office.
Judge Patton graduated
cum laude from USF School
of Law in 1990 and began
working at the Alameda
County District Attorney’s
Office that same year. While
at the DA’s Office he tried
approximately 50 jury trials,
including cases of rape,
domestic violence, child
molestation, burglary, and murder. Judge Patton also held many highly important positions in the Office, including
Head of the Major Narcotic Vendor Prosecution Unit, the Misdemeanor Team Leader Hayward, and the Head of
Felony Preliminary Hearing Team in Hayward.
For the last five years Scott has been one of two full-time consumer fraud prosecutors in the Office specializing in
civil law enforcement actions under B&P Codes 17200 (Unfair Competition Law) and 17500 (False Advertising Law).
During this time he also handled civil law enforcement actions involving violations of environmental regulations,
including a civil action against the owners of the Dubai Star oil tanker for spilling oil into the San Francisco Bay. He
was also a state-wide leader in the prosecution of producers of dietary supplements for false advertising, actions
against retailers for pricing inaccuracies, cases against manufacturers for violations of the Fair Packaging and Labeling
Act, and suits against companies for selling or marketing unapproved drugs or medical devices. Combined, these cases
have resulted in civil penalties and restitution paid by the defendant companies in excess of $10,000,000.
Outstanding Anti-Fraud Conference
2012 marks the tenth year that our Office has taken a leadership
role in combating fraud through outreach and education with
our annual Anti-Fraud conference. In 2002 our office, together
with California District Attorney’s Association, created an antifraud conference designed to be inclusive, where members
of the insurance industry and targets of fraud could come
together with district attorneys and law enforcement personnel
for education and networking. This multi-agency anti-fraud
conference was an immediate success, thanks to the outstanding
work of DDA Eric Von Geldern, and is now presented annually
in both Alameda County and southern California.
50
In 2008 we merged this conference with the well-established
annual NCFIA conference in Monterey to create the Annual AntiFraud Conference. Eric von Geldern, the CDAA Technical Advisor,
and now NCFIA President, ensures that the joint conferences are
increasingly successful. The conference now provides a dramatically
expanded curriculum to those who are dedicated to detecting,
investigating and prosecuting fraud. The conference has become
nationally recognized as the premier conference of its kind. The
2012 conference hosted over 400 attendees and more than
40 speakers from across the country. As the conference grows,
allowing for broader coverage of different types of fraud, the
Department of Insurance continues its strong support, which has
been integral to our success from the beginning.
“Kids Taking Charge” Awards
Mothers Against Drunk Driving (MADD) Award
At the Alameda County Family Justice Center, DA Nancy E.
O’Malley presented the “Kids Taking Charge” Awards to four
exceptional young people to honor their service to the community.
Each February, the Bay Area chapter of Mothers Against Drunk
Drivers (MADD) recognizes local prosecutors for their role in
bringing drunk drivers to justice. In 2011, the recipient of the
award was DDA Luis Marin for his prosecution of a ‘switch
driving’ case. DDA Chris Cavagnaro was honored as the 2012
recipient for his win in a complex ‘sleepdriving’ case. Both
recipients of the MADD Award are experienced DDAs who have
prosecuted a significant number of driving under the influence
cases over the past three years.
•Jacob Rosenbaum, a Junior at Piedmont High School, teaches
violin to young students who reside at Oakland Elizabeth House,
a transitional home for women and children. Jake gathers the
donated instruments and brings them every week to the House,
giving the previously homeless children what is often their first
chance at music education. Jake serves not just as a teacher, but
also as a role model for his young students.
•Aiden Trimble attends Thornhill Elementary School in Oakland.
Aiden realized that many kids her age living in Oakland do not
have a coat during the winter months. She arranged a “one
warm coat” drive at her school and rallied the entire school
community. Her movement gathered hundreds of jackets and
coats to keep children in need warm and dry.
•Emily Blair, a high school student in Modesto, was inspired
to do something about human trafficking of children. Driven
by her passion to help, Emily wrote, directed and produced
a documentary film to highlight the epidemic. She also
organized a concert in her hometown to raise awareness of
human trafficking.
•Natasha Blazer, a high
school senior, observed
that victims of domestic
violence often flee their
homes without time to
organize or pack personal
items. Natasha created
hundred of “kits” filled with
cosmetics and other daily
necessities and provides
them to victims in need
who seek assistance at the
Alameda County Family
Justice Center.
DDA Luis Marin
DDA Chris Cavagnaro
DA O’Malley received Leadership California’s
“State Leader Award”
DA O’Malley received Leadership California’s “State Leader
Award” in 2012. This honor recognizes excellence in influencing
policy and programs and
exemplifying leadership
and service to the State
of California.
Natasha Blazer
The Legacy of
Leadership Awards were
created to celebrate
the contributions of
women who lead the
way to better lives and
better futures from
Californians through
civic, business and
service achievements.
DA O’Malley & Award Recipient Natasha Blazer
51
A Proud History of Service
Ed Meese together with present and past leaders in the Alameda County justice system.
Former & Current DAs Gather to Celebrate Ed Meese’s 80th Birthday
Former United States Attorney General Edwin “Ed” Meese III returned to the hallowed halls of René C. Davidson
Courthouse to celebrate his 80th birthday with us. Mr. Meese was a deputy district attorney with the Office
under DA J. Frank Coakley before he went on to serve in the White House under President Reagan and as
Attorney General of the United States from 1985-88.
Mr. Meese was surprised to be joined by numerous former colleagues, including Federal Judge Sandra Brown
Armstrong, Federal Judge and former District Attorney D. Lowell Jensen, former District Attorneys Tom Orloff
and John J. Meehan, California Court of Appeals Justices Marty Jenkins and Bill McGuiness, Honorable Lois
Haight, Honorable Jeffrey Horner, former prosecutor Buzz DaVega and many others.
DA Nancy E. O’Malley took Mr. Meese and his family on a tour of the Office. Mr. Meese and our guests shared
stories and memories of their years spent in the Office. We were thankful for the opportunity to take part in
such a momentous occasion with Mr. Meese, his family and friends.
52
A Proud History of
Leadership, Integrity & Professionalism
Albany
Alameda County circa 1878
Berkeley
Emeryville
Piedmont
Alameda
Oakland
Dublin
San Leandro
San Lorenzo
Castro Valley
Hayward
Livermore
Pleasanton
Sunol
Union City
Newark
Fremont
Much has changed since Alameda County was founded in 1853, but our Office’s unwavering commitment to leadership,
integrity, and professionalism in the service of justice has remained stalwart.
This 19th century map shows Alameda County as it looked 160 years ago when our Office was first established. The names of
the present-day communities making up Alameda County are overlaid for reference.
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Office Locations
1. René C. Davidson Courthouse – Oakland
RCD is home to the main District Attorney’s Office
Address: 1225 Fallon Street, Room 900
Oakland, CA 94612
Phone: (510) 272-6222
Email: [email protected]
2. Wiley W. Manuel Courthouse – Oakland
Address: 661 Washington Street, Room 225
Oakland, CA 94607
Phone: (510) 268-7500
3. Fremont Hall of Justice – Fremont
Address: 39439 Paseo Padre Parkway
Fremont, CA 94538
Phone: (510) 795-2500
4. Hayward Hall of Justice – Hayward
Address: 24405 Amador Street
Hayward, CA 94544
Phone: (510) 670-5100
Alameda County
6. Consumer, Environmental & Worker Protection
Division, and Public Assistance Fraud – Oakland
Address: 7677 Oakport Street, Suite 650
Oakland, CA 94621
Phone: (510) 569-9281
7. Juvenile Justice - San Leandro
Address: 2500 Fairmont Drive, Suite C3071
San Leandro, CA. 94578
Phone: (510) 667-4470
8. Victim & Witness Assistance – Oakland
Address: 1401 Lakeside Drive, Suite 802
Oakland, CA 94612
Phone: (510) 272-6180
9. Alameda County Family Justice Center – Oakland
Address: 470 27th Street
Oakland, CA 94612
Phone: (510) 267-8800
5. Gale/Schenone Hall of Justice – Pleasanton
Address: 5672 Stoneridge Drive
Pleasanton, CA 94588
Phone: (925) 803-7171
Sign up for our newsletter ‘Did You Know’: http://www.alcoda.org/news/newsletters
Visit our websites: www.alcoda.org, www.acfjc.org and www.heat-watch.org
Follow us on Twitter: www.twitter.com/AlamedaCountyDA
Like us on Facebook: http://www.facebook.com/AlamedaCountyDA

as a PDF - Alameda County District Attorney`s Office

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