ALAMEDA COUNTY DISTRICT ATTORNEY’S OFFICE
2010 ANNUAL REPORT
Nancy E. O’Malley District Attorney ‘Justice’ by The Healing Project. Lead Artist, Arlene Elizabeth, used 4,445 origami cranes in the production of the artwork. Introduction A Message from the District Attorney
It is my great honor to serve the residents of and administrative staff has resulted in highly Alameda County as your District Attorney. The qualified employees reflecting the rich diversity history of this Office, created in 1853, is rich of those we serve. 1and distinguished. When Earl Warren became District Attorney in 1925, he set a standard of The Alameda County District Attorney’s Office excellence that continues today. D.A. Warren continues its tradition of advocating for the went on to be the Governor of California and rights and protections of victims of crime. We the Chief Justice of the United States Supreme have enhanced the outreach and education Court. In 1999, “America’s Greatest Places division of the Office in order to inform citizens to Work with a Law Degree” described the of these rights and protections. One cannot Alameda County District Attorney’s Office as exercise a right without knowledge of it. one of the most prestigious D.A.’s offices in the country. Under the leadership of outstanding District Attorneys, including D. Lowell Jensen (1969- 81), John “Jack” Meehan (1981-1995) and Thomas J. Orloff (1995-2009), this Office has remained a model of excellence, fairness, Nancy E. O’Malley integrity, innovation and success. the introduction of H.E.A.T. Watch, a comprehensive, multi-discipline response to District Attorney of Alameda County Throughout my 26 years in this Office, I human trafficking and the sexual, commercial have learned from many great leaders. I am exploitation of our children, the committed to serve Alameda County and to Alameda County District Attorney’s ensure that justice is sought in every situation. Office is once again leading the I lead an office of talented professionals who nation through innovation, effort, are not only employees of Alameda County, and vision. The Program created but are also woven into the fabric of our a blueprint for local communities community. From this report, you will see the as well as others around the state hard-work and incredible accomplishments and the nation to combat human achieved by these committed individuals. trafficking and exploitation.
One of the accomplishments by the D.A.’s Our Office performs a broad Office is the success of our Restitution Unit. range of constitutionally Judges throughout the county have ordered mandated services. We convicted defendants to pay millions of carry out these mandates dollars to victims of crime. In 2010 alone, with distinction and fulfill the Alameda County D.A.’s Restitution Unit, expectations with integrity working in conjunction with our deputy and professionalism. It district attorneys, secured more than $17 is critical that the Office million in restitution fines and orders, of which be diverse in terms over $15.5 million were ordered to be paid of staffing to ensure directly to the victims. This accomplishment is that Alameda County astounding and because of the success of our residents are served in program, nearly all of the Prosecutors’ Offices a culturally sensitive and throughout the state have replicated it. competent manner. To that end, our recruitment Another 2010 milestone was the creation of attorneys, investigators of the H.E.A.T. Watch Program. With CONTENTS
1. Introduction Page 5. Putting Victims First Page Message from the District Attorney 1 Alameda County Family Justice Center 22 Mission Statement 3 Domestic Violence Unit 23 Restitution Unit 24 Victims’ Rights & Services 25 2. Who We Are Marsy’s Law 25 Office Locations 4 Victim - Witness Assistance 26 Attorneys 5-6 Inspectors 7 6. Partnering with Others for a Better Administration 8 Alameda County Truancy 27 3. Managing the Budget Identity Theft 27 Doing More with Less 9 H.E.A.T. Unit 28
4. What We Do 7. Community Involvement, Outreach & Communications Crime to Sentencing 10 Community Involvement & Outreach 29-30 Keeping Criminals Off of the Street 11 Honors, Awards & Milestones 31 Trial Teams 12 Beyond the Courthouse 32 Consumer, Environmental & Worker Legislative Initiatives 33 Protection 13-16 Communications & Multimedia 34 Juvenile Justice 17 Beyond the Office 35 Specialized Prosecution Units 18 A Proud History of Service 36-37 Child Sexual Assault & CALICO 19 In Memorium Back Unsolved Crimes/DNA Cold Hit Unit 20-21 Elder Abuse 21
2 | Introduction Mission Statement & Mandated Services
MISSION STATEMENT
To review and prosecute criminal violations of the law, to protect consumers and the environment, and to support and protect victims of crime within the County on behalf of the People of the State of California.
Mandated Services
The District Attorney is mandated by California Constitution Article 11, Section 1, and Government Code 26500 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 the responsibility of, but not limited to:
Prosecuting actions in the Juvenile Justice system involving conduct that, if committed by an adult, would be a criminal matter Bringing civil and criminal actions involving consumer fraud, including real estate fraud, mortgage fraud, insurance fraud, medical fraud, 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 those rights are upheld and enforced Arranging for crime victim support services including psychological and social services, and the processing of claims to the Victims Compensation and Government Claims Board on their behalf Advocating for the court to order legally appropriate restitution on behalf of crime victims and the State of California-Victims of Crime Fund
Introduction | 3 Office Locations
Who We Are OFFICE LOCATIONS
1. René C. Davidson Courthouse – Oakland RCD is home to the main District Attorney’s Office, staffed by 85 employees. Address: 1225 Fallon Street, Room 900, Oakland, CA 94612 Phone: (510) 272-6222 Email: [email protected]
2. Wiley W. Manuel Courthouse – Oakland Staffed by 53 employees. Address: 661 Washington Street, Room 225 Oakland, CA 94607 Phone: (510) 268-7500 Email: [email protected]
3. Fremont Hall of Justice – Fremont 7. Consumer, Environmental & Worker Protection Division, and Public Staffed by 14 employees. Assistance Fraud – Oakland Address: 39439 Paseo Padre Parkway, Staffed by 43 employees. Fremont, CA 94538 Address: 7677 Oakport Street, Suite 650, Oakland, CA 94621 Phone: (510) 795-2500 Phone: (510) 569-9281 Email: [email protected] Email: [email protected]
4. Hayward Hall of Justice – Hayward 8. Juvenile Justice - San Leandro Staffed by 45 employees. Staffed by 18 employees. Address: 24405 Amador Street, Hayward, CA 94544 Address: 2500 Fairmont Drive, Suite C3071, San Leandro, CA. 94578 Phone: (510) 670-5100 Phone: (510) 667-4470 Email: [email protected] Email: [email protected]
5. Gale/Schenone Hall of Justice – Pleasanton 9. Victim & Witness Assistance – Oakland Staffed by 8 employees. Staffed by 28 employees. Address: 5672 Stoneridge Drive, Pleasanton, CA 94588 Address: 1401 Lakeside Drive, Suite 802, Oakland, CA 94612 Phone: (925) 803-7171 Phone: (510) 272-6180 Email: [email protected] Email: [email protected]
6. CALICO - San Leandro 10. Alameda County Family Justice Center – Oakland Staffed by 2 D.A. employees. Staffed by 21 D.A. employees. Address: 524 Estudillo Avenue, San Leandro, CA 94577 Address: 470 27th Street, Oakland, CA 94612 Phone: (510) 895-0702 Phone: (510) 267-8800 Email: [email protected] Email: [email protected]
4 | Who We Are Attorneys ATTORNEYS We have 150 attorneys who proudly serve the residents of Alameda County. We fairly and effectively prosecute criminal and civil violations of the law.
Senior Leadership
René C. Davidson Courthouse René C. Davidson Courthouse Oakland Oakland District Attorney Nancy E. O’Malley Chief Assistant District Attorney Kevin E. Dunleavy
Leaders in our branch locations: Consumer, Environmental & Wiley W. Manuel Courthouse Family Justice Center Juvenile Justice Worker Protection Division Oakland Oakland San Leandro Oakland Branch Head: Branch Head: Branch Head: Branch Head: Assistant District Attorney Norbert Chu Assistant District Attorney Kim Hunter Assistant District Attorney Matthew Golde Assistant District Attorney Lawrence Blazer
Public Assistance Fraud Hayward Hall of Justice Fremont Hall of Justice Gale/Schenone Hall of Justice Oakland Hayward Fremont Pleasanton Branch Head: Branch Head: Branch Head: Branch Head: Assistant District Attorney Tom Barni Assistant District Attorney Charlette Green Assistant District Attorney John Jay Assistant District Attorney Eileen McAndrew
Who We Are | 5 Attorneys
WHO WE ARE “The duty of the prosecutor is to seek justice” ~ American Bar Association Hiring the best of the best Justice. Fairness. Integrity. These are the qualities of the outstanding deputy district attorneys from our own communities: of the Alameda County District Attorney’s Office. The practice of criminal prosecution is a a partial list of law schools particular challenge both professionally and personally. Naturally we seek attorneys of high academic achievement, but this is not the sole criterion for employment. Because of our attended by our deputy district responsibility to uphold the public trust, we require the highest level of integrity, sound judgment attorneys. and sensitivity to human needs. In dealing with victims of crime in Alameda County, our attorneys must be able to interact with individuals from diverse backgrounds, often in particularly UC Berkeley Boalt Hall School of Law stressful situations. The Alameda County District Attorney’s Office is committed to the recruiting, training, hiring, UC Hastings College of the Law and retention of an attorney staff that reflects the community we proudly serve. Through our UC Davis School of Law nationally acclaimed Summer Law Clerk Program, we annually interview over 300 second year law students from the top law schools in the country for selection. The 8 to 12 selected students Golden Gate University School of Law are trained in all aspects of criminal prosecution during their summer with us. The Summer Law Clerk Program is our main vehicle for hiring new attorneys. In these challenging budget times, University of San Francisco School of Law attorney positions are filled through attrition. Santa Clara University School of Law Over the first three years in the office, our attorneys rotate through our various branch offices gaining experience by trying misdemeanor jury trials, juvenile bench trials and conducting Stanford University Law School preliminary examinations of felony offenses. Along the way, our staff is mentored and trained on legal ethics and professionalism. Once our attorneys have demonstrated the necessary University of the Pacific ability, they are assigned to the Superior Court Felony Trial Staff. After this rotation, an attorney’s McGeorge School of Law assignments will be based on the needs of the Office and the interests of the attorney. Howard University School of Law Georgetown Unviversity Law School Reflecting the Community We Serve University of Maryland School of Law The best and the brightest are selected through our Summer Law Clerk Program and outreach George Washington University Law School to minority bar associations such as the Charles Houston Bar Association, La Raza Lawyers Association, the Asian American Bar Association and the South Asian Bar Association. UCLA School of Law USC Law School Recent Deputy District Attorney hires: Harvard University Law School University of Notre Dame Law School Senior D. D. A. Terry Wiley, Director of Regarded as one of the Recruitment and most prestigious D.A.’s Development Offices in the country. -- ‘America’s Greatest Places to Work with a Law Degree’ by Kimm Walton (1999)
6 | Who We Are Inspectors LEAD LAW ENFORCEMENT INSPECTORS UNIT FOR THE COUNTY on cases involving: • CONSUMER & ENVIRONMENTAL PROTECTION • PUBLIC ASSISTANCE FRAUD • REAL ESTATE FRAUD • AUTO INSURANCE FRAUD • WORKERS COMPENSATION FRAUD • LIFE INSURANCE & ANNUITY FRAUD • INSURANCE, DISABILITY & HEALTHCARE FRAUD • PUBLIC INTEGRITY • CHILD ABDUCTION ON CALL 24/7
All Inspectors are on-call twenty- four hours a day working with our law enforcement partners and police departments throughout the county. Our Inspectors provide investigative support, As the law enforcement arm of the D.A.’s Additionally, inspectors are assigned to gather evidence, interview witnesses and Office, the Inspectors Division plays an a variety of specialized teams such as provide expertise in ensuring a successful essential role in the administration of justice. Public Assistance Fraud, Consumer and criminal prosecution. Every inspector is a sworn California Peace Environmental Protection, Gang Violence Our specialized investigative teams Officer, and is hired based on his or her Suppression, Child Support Services and Special Operations. respond to homicide investigations, officer investigative experience, outstanding work involved shootings, hazardous material history and expertise in law enforcement. call-outs, and arson investigations. Our inspectors work closely with deputy DISTRICT ATTORNEY INSPECTOR We partner with other agencies in district attorneys in preparing cases at all WITNESS PROTECTION TEAM: the county’s Major Narcotics Vendor stages of criminal prosecution. Program, Gang Violence Suppression Ensuring witness Unit and the Sexual Assault Felony The responsibilities of our inspectors are protection for Enforcement (SAFE) Task Force. A 254 numerous and include: L Y D A T Y I M E U N E S T D A C O N effective prosecution R I O R • ensuring the security and safety of victims C T AT T and witnesses during the prosecution of relocated/protected 2010... By the Numbers: felony and misdemeanor cases 466 victims and witnesses • securing and serving warrants and making Working 24-Hours a Day for Alameda County arrests We relocated 150 witnesses or victims using our Witness Protection fund and Number of subpoenas personally • conducting interviews and investigations at 2,337 served by Inspectors all stages of criminal proceedings and aiding all remained safe. An additional 316 fellow police agencies in their investigations people were provided with emergency HAZMAT Call-outs relocation. 77 • locating witnesses and securing their Call-outs to assist in Homicide appearance in court (requiring day and 1,305 witnesses and victims were Investigations night response, locally, nationally and 30 transported securely to and from court internationally) appearances by our inspectors. Call-outs to Investigate Officer • gathering and processing evidence 10 Involved Shootings • testifying in criminal matters Who We Are | 7 Administration Voices & Faces ADMINISTRATION
of the Office Our administrative staff is the face and voice of the District Attorney’s Office. When victims, witnesses or members of the community call or visit one of our branches, our administrative staff is the first point of contact and connects the victim with the deputy district attorney best able to assist.
Issue 2 - January/February 2011
Colman Jung, Editor
Rebecca Richardson, Editor Lorrinda Croll, Assist. Editor Contributors DA Wellness Dejia Cai Colman Jung
Rebecca Richardson @Work Contact: [email protected] Page 3
EATING healthy Barbara Knuth, Cornell professor and co-author, added: “Because happyNEW YEAR Salmon: Farmed vs. Wild with Chilean salmon showing the lowest levels and European
careful consumers with a history of heart disease could choose farmed salmon from Chile for their high omega-3 content and A publication of the Alameda County District Attorney’s Office, Nancy E. O’Malley, District Attorney European farmed salmon. Welcome to 2011: inside this issue Train your brain Ways to keep those pesky resolutions Excercise your grey matter by Rebecca Richardson page 2
Salmon - Wild or Farmed and Coho about twice a month and Chinook just under once a Reservoir 10km run in October” as Is there really a difference? month.” page 3 weak-willed or unable to follow through, it’s to evaluate statement such as “I want to The Awesome Apple we like it and, in the wild vs. farmed debate, just that we haven’t armed ourselves with a comprehensive strategy to achieve the and other fun food facts • Make it fun page 4 preference. Wild salmon tends to a bit drier goals we have set for ourselves. Here at the new program if you’re enjoying it. Find Look 10 Years Younger I you with the tools you need to make your more mild and oily. without surgery Did you know that farmed salmon is not naturally page 5 salmon-colored? The lovely color of wild salmon comes Some of these studies sound a bit grim but don’t panic if you’re a salmon-lover. The overall Don’t overdo it from krill; a small, pink, shrimp-like crustacean which is • or bootcamp. By making your workouts Fitness sneakers - is the salmon’s main food source. Farmed salmon are fed there anything to the all and unless you eat salmon more than once a month, you’re “Get more exercise.” Okay, that makes claims? sense but what, exactly, do you mean page 6 farmers can actually select the color they want their Farm-Raised when you say that to yourself? How groups. Wild Vs. Farmed Salmon Comparisonabout “I will take the stairs instead of the EXTRA - EXTRA - are you Wild Lower levels of protein eligable to win a $50.00 like halibut. If you don’t know where you are going, you’ll end up someplace else. gift card from the County L-R: Amanda, Teresa & Pat at RCD Omega-3 to --Yogi Berra Wellness Works? page 7 Under the guidance of D.A. O’Malley, Acids issues that appear to favor wild salmon over their farmed cousins. Low levels Given pigments to turn color of salmon from Naturally orange PCBs natural white or red because of • The fat content of farmed salmon is excessively high--30-35% by diet High levels of disease, lice weight. Contain low • Wild salmon have a 20% higher protein content and a 20% lower Disease amounts of lice, the Administration Division has created fat content than farm-raised salmon. disease and con- Excess waste and disease • harm natural eco-system
Environmental Cheaper because already in nets this. Slightly higher However, this doesn’t mean you shouldn’t eat farmed salmon. Price price Steven Schwager, associate professor at Cornell and co-author committees actively promoting ongoing
middle-aged guy who has had a coronary and doesn’t want to have another one, the risks from pollutants are minor ones, and
minor risks of the pollutants. But for people who are young -- and carcinogenic -- or pregnant women -- with the risks of birth defects job training, cultural diversity awareness, technology updates and health and wellness The Administrative Division of the Alameda education. These County D.A.’s Office is comprised of highly committees are talented and dedicated professionals. Each already affecting member brings his or her own personal positive change expertise to the diverse roles that fall within our Office, under the banner of ‘Administration’. The such as the administrative staff in our ten offices take on informational bi- many different duties and responsibilities monthly wellness including reception, finance and accounting, newsletter. information technology, records management, Diana at the Family Justice Center DALITE criminal database programming, Dave Budde, Director of stenography and internet communication. Administration René C. Davidson Courthouse Administrative Staff
8 | Who We Are Doing More with Less - Managing the Budget DOING MORE WITH LESS 2010 was a challenging but rewarding year for the Office of the District Attorney. Over the past nine years, we have suffered cuts in funding of over $28 million (aggregate). During this period, we have also seen our staffing levels fall from a peak of 410 down to 316. We have demonstrated our fiscal responsibility by engaging in strategic assessments and adjustments of the organizational structure of the District Attorney’s Office, and by seeking grants for innovative programs. We strive to maintain the highly professional, seamless, and comprehensive services we deliver to the community3 and victims of crime, while meeting our constitutional and statutory mandates. Ongoing Budget Losses to the District Attorney’s Office Employee Totals -$7,000,000 -$6,000,000 -$5,000,000 -$4,000,000 -$3,000,000 -$2,000,000 -$1,000,000 (incl. Attorneys, Inspectors and Admin. Staff) 410 Due to budgetary constraints 400 over the past decade, we have 390 seen a steady decline in staffing 380 levels. -$6,986,000 2010-2011
370 360 -$5,801,000 2009-2010 350
340 -$3,100,000 2008-2009 330
320 -$2,240,000 2007-2008 310
300 -$2,028,000 2006-2007
2002-2003 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 2009-2010 2010-2011 -$1,878,000 2005-2006
Total Revenue by Source 2010-2011License Fees $.087M, 11.3% -$2,000,000 2004-2005 Other Revenue $0.74M, 9.6% Charges for Service -$2,058,000 2003-2004
-$2,268,000 2002-2003 $50,549,854 Alameda County General Fund State Grants $5.0M, 64.9% $6,711,169 State Grants Alameda County has faced $340,000 Federal Grants difficult fiscal challenges requiring $20,241 Charges for Services budget cuts in recent years.
$832,271 License Fees
$719,577 Other Revenue Federal Grants $0.69M, 9.0% $303,500 Fines, Forfeits & Penalties Charges for Services $0.02M, 0.3%
Managing the Budget | 9 Crime to Sentencing
What We Do agencies bring their arrest and investigative reports to the local branch of the District Attorney’s Office. After reviewing individual police reports, the deputy district attorney makes a decision whether or ADULT CRIMINAL PROCESS not to file a criminal complaint. The standard of review in making this determination is whether evidence exists to prove the case beyond a It is the role of the Alameda County District Attorney’s Office to reasonable doubt in a court of law. Criminal defendants are charged determine whether or not an individual suspected of committing a with felonies, misdemeanors and infractions. If the criminal defendant crime within the County of Alameda shall be criminally prosecuted. is on probation or parole, a petition to revoke may be filed in lieu of 4This decision is made only after an in-depth evaluation of evidence, filing new charges. Also, when appropriate, the criminal Grand Jury is facts and law. convened to issue indictments on felonies.
The District Attorney’s Office reviews over 40,000 criminal cases a Once the case is in a courtroom setting, our deputy district attorneys year. The initial assessment and evaluation takes place at branch offices put on a variety of hearings where witnesses testify and evidence located throughout Alameda County. Each day, local law enforcement is presented. At this stage there is an opportunity for the criminal defendant to ‘plead guilty’ and resolve the case at a pre-trial hearing.
The Office has prosecutors assigned to misdemeanor jury trial teams, Victims Have a Voice preliminary examination and probation violation units, law and motion divisions, and felony jury trial teams as well as other specialized units. Victims have the right to be heard, upon In cases that proceed to a jury trial, the standard of proof is beyond a request, at any proceeding.* reasonable doubt and all twelve selected jurors must unanimously agree on the verdict. * For further information about “Marsy’s Law,” please see page 25. CRIME TO SENTENCING Victims Have the Right to
Stay Informed PROBATION OR PAROLE REVOCATION DECLINE TO Through collaborative partnerships FILE CHARGES with the County Information Technology DEFENDANT Department (ITD) and the Sheriff’s Office, IS SENTENCED CASE REVIEW
we offer victims the tools to access critical GRAND JURY FELONY MISDEMEANOR information from any computer. INDICTMENT COMPLAINT COMPLAINT
PRELIMINARY PRE-TRIAL HEARING DEFENDANT The D.A.’s Office provides victims with EXAMINATION DEFENDANT CAN IS SENTENCED the necessary information to log into “PLEAD GUILTY” the County’s secure Criminal Docket INFORMATION LAW AND MOTION Finder where they can find up-to-date FILED HEARING information relating to future court dates. PRE-TRIAL HEARING MISDEMEANOR DEFENDANT www.alcoda.org/victim_witness/docket_finder DEFENDANT CAN JURY TRIAL IS SENTENCED “PLEAD GUILTY”
In addition, Inmate Locator allows crime DEFENDANT victims to verify the custody status of the LAW AND MOTION IS SENTENCED defendant charged in their case. HEARING FELONY DEFENDANT www.alcoda.org/victim_witness/inmate_locator JURY TRIAL IS SENTENCED 10 | What We Do Keeping Criminals Off the Street KEEPING CRIMINALS OFF THE STREET
The Alameda County District Attorney’s Office is comprised of 150 attorneys and 60 inspectors, as well as specialists in victim-witness assistance and a variety Suspects Reviewed and Charged in 2010 of administrative professionals. Our jurisdiction covers 813 square miles and our attorneys and staff work in ten offices located throughout the County. The District 11,856 Felony suspects reviewed Attorney’s Office has the sole constitutional authority to prosecute crimes within Alameda County. 9,787* Felony suspects charged In the past year, the attorneys in our office We charged 83% of our felony suspects have reviewed a total of 44,411 felony and misdemeanor cases submitted by law 32,555 Misdemeanor suspects reviewed enforcement agencies including: 22,857 Misdemeanor suspects charged* •• Alameda County •• Union City PD Sheriff’s Office •• CHP Castro Valley We charged 70% of our misdemeanor suspects •• Albany PD •• CHP Dublin •• Alameda PD •• CHP Hayward •• Berkeley PD •• CHP Oakland Countywide, our office handled an extremely heavy caseload of 44,411 •• Dublin PD •• BART Police felonies and misdemeanors. •• Emeryville PD •• EB Regional Park *Numbers include probation violations. •• Fremont PD Police •• Hayward PD •• CSUEB Police •• Livermore PD •• U. C. Berkeley Police •• Newark PD •• Oakland Housing Defendants who pled guilty •• Oakland PD Authority •• Pleasanton PD •• Union Pacific PD •• Piedmont PD Defendants pled guilty to a felony 4,332 •• San Leandro PD Defendants pled guilty to a misdemeanor 15,513 Defendants pled guilty to an infraction 1,484 Homicide Jury Trials 1 Hung* 32 Convicted Trials
We prosecuted 33 Felony defendants sent to trial 102 homicide defendants in 2010, securing 32 Misdemeanor defendants sent to trial 118 convictions. In 2010, our felony and misdemeanor trial staff was very busy, taking to trial 220 defendants. DefendantsHomicide Defendants tried for Tried homicide - 97% convicted *Case dismissed in the interest of justice.
What We Do | 11 Felony Trial Team Trial Teams 2010 Felony Trial Team 2010 All criminal felony trials in Alameda County are prosecuted by the 89 Convicted felony trial teams or our specialized trial units. These trial attorneys have many years of prosecutorial experience and are assigned some of 9 Not Guilty the largest and most complex criminal cases tried in Alameda County 1* Hung courts. Our conviction 2* Mistrial The number of felony jury trials resulting in convictions is consistently rate was 87%. outstanding, a direct result of the tremendous talent and hard work by 1 Dismissed the members of the felony trial staff. Trial outcomes of the 102 defendants prosecuted in felony jury trials 2010. *The hung jury & mistrial defendants are currently being re-tried. On September 30, 2010, a jury found Julio Montano and Francisco Zamora guilty of first degree murder. Fourteen year old Ricardo Cortez, Jr. was shot Breakdown of Felony Trial Crime Types 2010 because he was mistaken for a Border Brother while he and his friends were playing tag on August 21, 2009. Defendant Montano, a member of the South Side Locos gang, shot and killed Ricardo in a case of mistaken identity. Defendant Zamora, an original founding member of the gang, acted as the driver. The killing was in retaliation for a shooting that took place on August 18, 2009, at the Rainbow Recreation Center in Oakland, in which three members of the gang were shot by members of the Border Brothers gang. While playing, Ricardo stopped to tie his shoe. Montano approached with a silver revolver. Ricardo asked Defendant Montano, “Why, why me?” and Assault Attempted Murder Montano then shot Ricardo Cortez four times in front Burglary Narcotics of his playmates. Montano ran away and was picked up by Francisco Zamora who drove them away from the Domestic Violence Other scene. The prosecutor was D.D.A. Casey Bates. Drunk Driving Robbery
H.E.A.T. Sex Crimes
Vehicular Manslaughter Auto Theft
Murder Weapons
On August 24, 2010, defendant Aaron Parsons was convicted of four counts of forcible rape, forcible sodomy, residential robbery, kidnapping, criminal threats, and assault with a deadly weapon. The crimes began in San Leandro. After brutally beating and raping the victim, the defendant forced her to go to Hayward where he continued to beat and sexually assault her for an additional two days. The victim managed to fool the defendant into believing that her family had an Amber Alert issued for her and he left her in an apartment. The victim contacted her family, who contacted the police. Despite initially being unwilling to prosecute, the victim courageously came to court and testified. The prosecutor was D.D.A. Amilcar (Butch) Ford.
12 | What We Do Consumer, Environmental & Worker Protection CONSUMER, ENVIRONMENTAL AND WORKER PROTECTION (CEPD) Specialized
The Consumer, Environmental and Worker handle major fraud cases, including embezzlement Units of CEPD Protection Division (CEPD) of our office and investment fraud, securities fraud and Ponzi pursues civil as well as criminal prosecutions. schemes, contractor fraud and contracting without We are also a fully integrated law enforcement a license. Automotive Fraud agency. Where other divisions within the D.A.’s Office prosecute cases after they have been Our Consumer Protection Unit participates Consumer Protection investigated, CEPD investigates their own in the Dietary Supplement Task Force, a team cases and cases referred by other agencies. We comprised of prosecutors from ten Northern Elder/Dependent Adult Abuse work in partnership with local, state and federal California counties. The Task Force investigates agencies. The staff at CEPD are comprised and prosecutes the purveyors of dietary Employer Fraud supplements and medical devices who employ of veteran professionals who are state-wide Environmental Protection leaders in the field. false and deceptive advertising. They have investigated numerous cases within the past year and continue to do so with great success. Heath Care Provider Fraud Protecting Consumers Insurance Fraud People v. LG Electronics, Panasonic, Real Estate Fraud Our Consumer Protection Unit within CEPD Samsung, Sharp and Sony handles a wide variety of consumer protection Restitution cases involving fraudulent or unfair business A multi-county civil prosecution of practices, false advertising, and deceptive sales electronics manufacturers for misstating Workers Compensation Fraud pitches. The California Business and Professions the screen size of flat screen televisions, Code makes unfair business practices a violation leading to costs and penalties of the law. Our Office considers it essential exceeding $1 million and resulting in an to protect consumers, and to ensure that businesses complying with the law are not injunction changing the way in which the placed at a disadvantage. manufacturers describe screen sizes. The judgment also provided for the donation Our unit works closely and cooperatively with of over $1 million in televisions to state consumer protection agencies (e.g. the schools and other public institutions. The Contractors State License Board and the Bureau prosecutor was D.D.A. Tony Douglas. of Automotive Repair), the California Attorney People v. Sears and K-MART General and other D.A.’s offices. We also Our Office participated in a state- wide investigation of checkstand scanning violations in Sear’s and January 25, 2010 K-MART stores. Consumers were Alameda County District Attorney Nancy E. O’Malley Announces Settle- being overcharged. The judgment ment in Fraud Case Against Local Midas Franchise Owner mandated extensive changes in which the businesses maintain pricing Alameda County District Attorney Nancy E. O’Malley announced today that a settle- ment has been reached with defendant Maurice Irving Glad who owns and operates accuracy. The prosecution resulted 22 California Midas auto shops, some of which are located in Alameda County. The in the payment of $1.1 million in settlement brings to an end a “bait and switch” operation designed to defraud consum- penalties and costs. The prosecutor ers. “The Alameda County District Attorney’s Office remains vigilant in protecting was D.D.A. Scott Patton. its citizens from predatory and unscrupulous business practices,” says Ms. O’Malley.
The complaint, naming the People of the State of California as the plaintiff, was filed jointly by the Alameda and Fresno County District Attorney’s Offices and the California Attorney General. The settlement prohibits defendant Glad from owning or operating any automotive repair business in California. He is also required to pay investigation costs, damages and attorney fees in the amount of $1,800,000 to the State of California. What We Do | 13 Consumer, Environmental & Worker Protection
Keeping Our Environment Clean Target Corporation Ordered to Pay $22.5 Million Our Environmental Settlement for Environmental Violations Protection Unit People v. Target Corporation, a civil environmental enforces state and enforcement action, alleged that over 240 Target local environmental stores in California, including nine stores in laws through criminal and civil prosecutions. Alameda County, unlawfully handled and disposed These include cases of various hazardous wastes and materials over involving the storage, a seven-year period. This included refuse such transportation and as pesticides, oven cleaners, pool chemicals, disposal of hazardous drain openers, paint, aerosols, electronics, waste, protection pharmaceuticals, batteries and other flammable, of state waters, toxic and corrosive waste. underground storage tank regulations, and the management of hazardous materials. An Alameda County Superior Court Judge ordered the Minnesota-based Target Corporation to pay Perpetrators of environmental Nancy E. O’Malley, District Attorney The Alameda County District Attorney’s Office & $22.5 million as part of a settlement and adopt crimes often do not restrict its Environmental Protection Unit new policies and procedures designed to eliminate Doing our part to creatett theo worldrn ewe want to live in. their behavior to one county, so A y's It isn’t just clean watert the disposal of waste and hazardous products into ic O where possible, our unit works It isn’t just freshr air because f t f Assaults on the environment affects our DNAi s c store trash compactors and drains. i collaboratively with the Attorney Protecting the environment is protectinge life.
D
General’s Office and other A Although the Attorney General’s Office and We ljoin the Sierra Club in congratulatingy a t District Attorney’s offices in joint Congressmanm John Garamendin (2011 Phil Burtone Badge of Courageu Award) numerous other D.A.s offices were part of the daand Co operations. We also chair the Businesswoman Lynn Jurich (2011Trailblazer Award) team, the case was filed in Alameda County. Alameda County Environmental Our office played a key role in the investigation, Task Force, a monthly committee D.A.’s page in the Sierra Club Award Program prosecution and successful resolution of the case. that assembles a variety of local, state and federal agencies enforcing environmental laws. The prosecutor was Senior D.D.A. Ken Mifsud, head of the Environmental Protection Unit. D.A. O’Malley is a leader in environmental protection, speaking at statewide and national conferences on the topic.
“The Alameda County District Attorney’s Office will remain ever-vigilant in our effort to ensure that environmental laws are enforced in our ongoing efforts to keep our ground water, soil and air free of toxic pollutants.” D.A. Nancy E. O’Malley 14 |What We Do Consumer, Environmental & Worker Protection
Mortgage & Real Estate Fraud People v. Value Home Loans, Inc
The D.A.’s Office is a leader in the prosecution of Mortgage and Charges were filed against a Real Estate Fraud. We are fortunate to have recognized experts Southern California based loan on staff, such as Senior Deputy D.A. Bill Denny, a specialist in modification company for illegally Ponzi schemes, and Deputy D.A. David Lim, an expert in real charging $2,000 to East Oakland estate fraud. residents for loan modifications. 2010 proved a very busy year for our team. The global financial This led to restitution for the home- crisis created a myriad of opportunities for people to prey on owners and an injunction prohibiting others, and we continue to work tirelessly both in prosecuting the company from doing any further perpetrators, and in educating the citizens of Alameda County business in Alameda County. The about the fraudulent schemes and operations we uncover. prosecutor was D.D.A. David Lim. Housing Workshop On September 9, 2010, the Alameda County District Attorney’s Office and the Department of Housing and Urban Development (HUD) offered a free community workshop designed to help local homeowners avoid foreclosure rescue scams. People v. Maynard Moreland: Representatives from our Office discussed the latest scams being perpetrated by con artists, and offered practical tips on how to avoid becoming a victim of foreclosure rescue fraud. A Livermore CPA and former President of the Livermore Chamber “We are proud to partner with HUD to provide this valuable service to help homeowners of Commerce, was convicted of avoid foreclosure rescue scams during these difficult economic times,” said District Attorney conducting a Ponzi scheme whereby his Nancy O’Malley. tax clients were tricked into investing O’Malley added, “California, unfortunately, ranks among the top three states facing in deceptive real estate ventures. foreclosures in 2010, and our office is committed to being proactive in helping Moreland was convicted and homeowners avoid becoming the victims of real estate con artists.” sentenced to 17 years in prison, with over $400,000 of his funds seized to help pay restitutionSenior to the D.victims. D.A. The prosecutor was Bill Denny.
Deputy D.A. Publishes Law Review Article Deputy D.A. David G. Lim authored a law review article published in the May/June 2010 issue of “Clearinghouse Review: Journal of Poverty Law and Policy.” Mr. Lim’s article, “Local Prosecutions of Real-Estate Fraud as a Means to Achieving Social and Economic Justice for Low-Income Victims and Communities: A Case Study,” offers valuable information and insights into the legal and social issues surrounding the current real estate fraud crisis in low-income neighborhoods.
What We Do | 15 Consumer, Environmental & Worker Protection
Prosecuting Insurance Fraud Public Assistance Fraud
The Public Assistance Fraud (PAF) Unit is responsible for the Automobile Insurance Fraud investigation and prosecution of criminals who misuse governmental The Automobile Fraud Prosecution Unit, consisting of three attorneys funds (federal, state and county) administered by local agencies for the and two inspectors, investigates and prosecutes all forms of auto benefit of individuals and households with financial or physical need. insurance fraud in partnership with the California Department of Insurance. The Unit handles cases involving false claims (such as false Most PAF fraud referrals originate in the Economic Benefits insurance applications and fraudulent attempts to insure damaged Department and the Adult and Aging Services Department of vehicles after an accident), as well as organized and sophisticated the County’s Social Services Agency. One priority of PAF is the criminal enterprises. prosecution of child care fraud and in-home support service fraud involving the care of senior or dependant adults. PAF also handles Workers’ Compensation Insurance Fraud cases referred by private citizens and numerous other public agencies. These cases involve welfare fraud, theft, misappropriation of public Workers’ compensation is a no-fault system benefiting both employees funds by a public employee, perjury, filing false claims with a public and employers. It benefits employees by providing for prompt office, and conspiracy to commit one or more of these crimes. medical attention and other assistance to those injured on the job. It benefits employers by offering protection from civil lawsuits for job-related injuries. Unfortunately, fraud is a significant problem within the workers’ compensation system, costing billions of dollars each People v. Carolyn Caldwell year. The Alameda County District Attorney’s Office is committed to preventing fraud. Some examples of the most common types of On July 20, 2010, Carolyn Caldwell workers’ compensation fraud we prosecute are: entered a guilty plea to grand theft from the
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Workers’ Compensation Fraud brochure available in Health Care Fraud multiple languages. Health care fraud often overlaps with insurance fraud, and includes billing fraud by medical providers, disability fraud, pharmaceutical fraud, People v. Alonzo Smith unlawful solicitations and referrals, and unlawful clinics (medical-legal On June 10, 2010, Alonzo Smith entered a mills and clinics not owned by medical doctors). Currently, we are investigating doctors and medical professionals who incorrectly or guilty plea to grand theft and agreed to pay overprescribe prescription drugs, which can lead to addiction and $35,657 in restitution to the Alameda County death. Social Services Agency. Enrolled as an In House Supportive Services provider, he collected Life Insurance and Annuity Fraud payments for one recipient who had died and for another recipient who received only half the hours Our life insurance and annuities fraud unit focuses on the prosecution of care Smith claimed. On July 26, 2010, the of unscrupulous salespeople and financial institutions that employ Alameda County Superior Court sentenced him deceptive practices to market expensive insurance products to senior to state prison for 16 months. The prosecutor was citizens, contrary to their financial interests, simply to generate high Senior D.D.A. Thomas Barni. profits and commissions.
16 | What We Do Juvenile Justice JUVENILE JUSTICE
Our Juvenile Justice Division prosecutes all criminal cases involving minors arrested by any of the police agencies in Alameda County.
Our goal is to protect the public through rehabilitation and alternative methods of intervention. We support and participate in prevention and intervention efforts to keep our children out of the Juvenile Justice System. Through community programs, we work towards
reducing recidivism by juvenile offenders. As We staff four full-time courtrooms. an alternative to formal prosecution, some Trials occur on a daily basis, and of our juveniles qualify for participation in our our team works with the Court, Restorative Justice Intervention program. the Probation Department, and community based organizations to develop remedies that both benefit the minor and protect the public. The Minor’s Path Through the Juvenile Justice System Such programs and initiatives include:
• Collaborative Mental Health MINOR Court: This was established in COMMITS CRIME 2007 to intervene and provide intense wraparound services FORMAL REFERRAL on behalf of minors with JUVENILE PROBATION INFORMAL DIVERSION TO DA significant mental health issues.
DA FILES CHARGES DA DOES NOT FILE DIVERSION ADULT COURT • Adolescent Sexual Offender Treatment Program: This program assists in the rehabilitation of some juvenile DETENTION HEARING PRETRIAL HEARING (ONLY IF IN CUSTODY) sexual offenders.
• Administrative Office of the Courts (AOC) Family and JURISDICTIONAL DISPOSITIONAL HEARING MINOR ADMITS CRIME HEARING (JUDICIAL SENTENCING) (PLEADS GUILTY) Juvenile Advisory Committee: (TRIAL) Our division supervisor, Senior Deputy D.A. Matthew GUILTY VICTIM RIGHTS NOT GUILTY Golde, was recently appointed (PETITION TRUE) by the California Supreme Court as the District Attorney Dispositions ordered by a Juvenile Court Judge are aimed at optimal outcomes while ensuring public safety. representative. POST-PLEA IN HOME They can include:GROUP HOME / DEPT. OF DIVERSION FORMAL PROBATION CAMP PLACEMENT JUVENILE JUSTICE Informal(725) Supervision, General Supervision,(“4C ORDER ”)Weekend Training(“3C Academy ORDER”) (WETA), Community(“DJJ Probation,”) Family Preservation Program, Youthful Offender Block Grant (YOBG), Home Supervision, GPS Program, Group Homes, Camp Sweeney, Department of Juvenile Justice (DJJ). What We Do | 17 Specialized Prosecution Units Specialized Prosecution SPECIALIZED PROSECUTION UNITS The District Attorney’s Office has numerous specialized prosecution units. Our highly skilled prosecutors, Units investigators, administrative staff and victim-witness consultants work together, formulating effective and innovative strategies for tackling all areas of criminal prosecution and crime prevention. These units employ ‘vertical prosecution,’ a seamless approach in which the same prosecutor, investigator and victim Asset Forfeiture and Major consultant handle the case from start to conclusion. Vertical prosecution is particularly valuable in cases Narcotics involving vulnerable victims including children and elders, and in complex cases such as identity theft and Child Abduction major narcotics. People v. Edwards & Johnson Child Sexual Assault Gang Unit In March of 2006, two gang members Domestic Violence from East Oakland attempted to rob Our Gang Unit investigates and prosecutes crimes two men in Antioch. Both victims were Elder/Dependent Adult Abuse committed by members of criminal street gangs shot and one was killed when he was run in Alameda County. We also focus on training Gang local, state and federal law enforcement and over by a van. The police discovered that the van used in the killing had been Grand Jury fellow prosecutors. Sharing knowledge with other law enforcement professionals broadens the rented for the gang members by a woman H.E.A.T. effectiveness of our investigations. in Oakland. Upon learning the police were seeking to locate the woman who ID Theft/ High Tech Crimes Members of our Gang Unit are active in the had rented the van, the gang members California District Attorney’s Association (CDAA), murdered the woman to prevent her from Restitution serving on the CDAA Gang Violence Committee which addresses state-wide strategies for cooperating. The gang members were Sexually Violent Predators ending gang violence, and the CDAA Legislation convicted of two counts of murder with Committee which evaluates all proposed laws in special circumstances. They were both Stalking California affecting the criminal justice system. sentenced to life imprisonment without the Truancy possibility of parole. The prosecutor was D.D.A. John Brouhard. Unsolved Crimes/DNA Cold ‘Operation Ceasefire’ Case Community outreach is a central tenet of our Gang Unit, with the goal of preventing further People v. Laupati & Delgadillo gang violence. In June of 2007, two gang members from One example of our intervention Hayward incarcerated at the Alameda strategies is the ‘Operation Ceasefire’ County Jail learned that a fellow gang call-in program. In this program, member had been shot and killed by police identified gang members meet with earlier the same day. In an act of revenge police, prosecutors, and social service toward the police, the gang members decided representatives. Gang members are to attack an Alameda County Sheriff’s educated regarding the risks of future Deputy working in the jail. The gang members criminal activity and are guided toward resources to prevent them from engaging ambushed the Deputy when he was alone in further gang violence. This includes near their open cell door. They punched and connecting them with valuable resources kicked the Deputy and then attempted to such as job training and treatment for throw him over a second floor railing. Other substance abuse. The program, currently Deputies arrived and stopped the attack. headed by D.D.A. John Creighton, has The gang members were convicted of assault seen positive changes in the behavior of on a peace officer with a gang enhancement. gang members who participate. They were sentenced to 20 and 18 years imprisonment respectively. The prosecutor was D.D.A. Christy Bowles. 18 | What We Do Specialized Prosecution Units Child Sexual Assault Unit CALICO
Our Child Sexual Assault (CSA) Unit resources to find the best services prosecutes the most serious of the child available for the child and the child’s sexual assault cases in the County and is family. CALICO staffed by specially trained deputy district attorneys. In the calendar year 2010, the CSA Since 1997, CALICO (the Child Abuse Unit convicted 59 defendants of child Listening, Interviewing and Coordination We prosecute a range of child sexual molestation. Forty-three of these Center) has served as a multi-disciplinary hub assault incidents including serial child offenders were sentenced to 460 years for law enforcement, child welfare workers, and molesters, caretakers, childcare workers in state prison for an average sentence prosecutors working together to ensure abused and trusted adult molesters. of 10.7 years, with four of these cases children are not re-victimized by the very systems resulting in life sentences. Sixteen designed to protect them. When a child is sexually abused, whether defendants were sentenced to county the abuse is a one-time incident or occurs jail or probation. All those convicted CALICO’s mission is to provide a supportive over a long period of time, the impact must register annually with their local environment to interview children and: is significant. The CSA Unit works very police departments as sex offenders for • stop the immediate violence for both the child interviewed and other children to whom the abuser closely with our Office’s Victim-Witness the rest of their lives. Division, and leverages community has access. • coordinate the response of various agencies, reducing further trauma to the child that would result from being part of multiple investigations. • connect abused children with therapeutic support, On October 25, 2010, a jury convicted defendant Manuel Castro breaking the inter-generational cycle of violence and of three felony counts of child molestation against two unrelated helping a child onto a path of healthy adulthood. young girls. In 2008, the defendant worked as a school janitor where, on two occasions, he molested a 9-year old girl. He was able to get her alone, telling her it was their secret. The defendant often gave her candy and, on a later date, her mother asked where she got the candy. This was followed by a disclosure about the molests. The defendant was quickly arrested and news of his arrest was reported in the press. Another girl, who had repeatedly been in the defendant’s presence, was asked by her mother if anything had happened with the defendant. This girl revealed she was molested Artwork by Olivia C., age 11 by Castro repeatedly from 2002 to 2004. The defendant was Traditionally staffed with one deputy district sentenced to 15 years in State Prison. The prosecutor was Senior attorney, the District Attorney’s Office has D.D.A. Susan Torrence. strengthened its commitment to CALICO by placing a second deputy district attorney at the center. Adding this rotating attorney who is responsible for prosecuting Sexually Violent Predators (SVP), permits CALICO’s on-site assistant district attorney to facilitate more training for law enforcement, child welfare and other governmental and community- Child Sexual Assault Defendant Sentences - 2010 based organizations. We are also proud to partner with social services to provide the funding for the executive director position of CALICO. 4 Life 39 Prison Only a narrow window of opportunity exists to provide clinical interventions to stabilize families in 16 County Jail/Probation crisis and assure each abused child is on a path to In 2010, 59 defendants were convicted healthy adulthood. CALICO seeks to assure the of child molestation. 43 of these were long-term safety and health of all abused children in sentenced to a total of 460 years in prison Alameda County. at an average of 10.7 years. What We Do | 19 Unsolved Crimes/DNA Cold Case Unit Unsolved Crimes/DNA Cold Case Unit
Unsolved Crimes Unit Unsolved Crimes/DNA Cold Case Unit Participates in Our Unsolved Crimes/DNA Cold Case Unit assists Alameda County law enforcement Multi-agency agencies in solving old murder and sexual assault cases. These ‘cold’ cases can develop new leads, resulting in a suspect ‘hit’ in CODIS (the Combined DNA Index System), part of the Investigations program supporting the Criminal Justice DNA database. Cases we reactivate may be more than half a century old. In 2010, our Unit assisted Alameda Cold Case Co-operative Investigations 2010 Our Unit works collaboratively County and other Bay Area law with police, crime lab enforcement agencies with 50 scientists, and the coroner’s investigations, some of which involved 23 Pending Cases office on these cold cases. Unsolved murder and sex serial cases with multiple incidents or 20 Charged Cases victims. The results were: cases are thoroughly reviewed 7 Closed Cases with an emphasis placed on ••20 charged cases reexamining biological and physical evidence. Recent ••7 closed cases (2 suspects advancements in science have already serving life terms, 4 opened up these new avenues deceased prior to charging, and of investigation. 1 suspect excluded by other We take pride that our evidence) In 2010, the cooperative investigation group charged 20 efforts are contributing to the ••23 cases pending further test cases, with 23 cases pending successful investigation and results or investigation. and 7 cases closed. prosecution of defendants who thought they were beyond the reach of the law. Every cold case we close restores to the victims and their families a sense that justice is sure, if not always swift.
Alameda County D.A.s and the team from the Oakland Police Department Cold Hit Unit working
In 2010, our Unit prosecuted 22 together to examine biological and physical evidence; searching for new leads to pursue, reviewing defendants with the following results: old leads with new forensic significance, or connections to other unsolved crimes. 12 defendants pending trial 9 felony convictions 1 dismissal
20 | What We Do Oda - Oakland Tribune Photo courtesy of Laura Unsolved Crimes/DNA Cold Case Unit Unsolved Crimes/DNA Cold Case Unit
Alameda County DNA Task Force Elder and Dependent Protection Team Our Elder Protection Team specifically assists people aged 65 and over, In order to further the goals of the Unsolved Crimes/DNA Cold Hit and all dependent adults aged 18-64. The Unit vertically prosecutes felony Unit, District Attorney O’Malley established the Alameda County DNA Task Force, comprised of police agencies and scientists from throughout crimes of both a physical and/or financial nature. Having one prosecutor the county. The Task Force meets bi-monthly to discuss current legal assigned to the case from arraignment to resolution helps establish trust and forensic developments, review individual cases, and identify related and provides the elderly and/or dependent adult victims with consistency. unsolved crimes throughout the region.
People v. Patrick Wilson: Wilson was convicted by jury trial for the 2003 kidnap and sexual assault of a woman who was walking several blocks to her home from a BART station in Oakland. He threatened her with a gun and forced her to a dark and remote hillside just below the freeway where he committed three different sexual acts. In 2008, charges were filed based upon DNA evidence identifying Wilson as the Elder Abuse Protection Court Project; assailant. A jury convicted Wilson of sexual the first of its kind in the nation. assault and kidnapping. Wilson will serve a minimum term of 50 years to life in prison. The prosecutor Since 2002, our office has partnered in the Elder Abuse Protection Court was D.D.A. Mark Melton. Project, a court calendar dedicated solely to cases of elder and dependent adult abuse. The calendar is heard weekly at different courthouses (to be closer to the victims’ homes), starting late in the morning in order to give seniors more time to travel to court. It also provides greater privacy for public hearings dealing with very personal matters, and offers a shorter wait time in the courtroom. People v. Jeffrey Bell The Project is a positive and ongoing effort On May 5, 2010, Jeffery Bell was addressing the specific needs and sensitive found guilty of rape and penetration issues affecting our elder and dependent adult with a foreign object. Bell confronted a victims. 67-year-old woman walking her dog near the Hayward Plunge on January 2, 2008. He forcibly attacked her in an isolated area. A subsequent DNA match through CODIS identified Bell, who denied the attack. A jury found him guilty on all counts after an hour and a half of deliberations. Bell was a transient parolee who had two prior convictions for serious felonies. Under California’s three strikes law, Bell was sentenced to serve a term of 25 years to life in State Prison. The prosecutor was Senior D.D.A. Tom Burke.
What We Do | 21 Family Justice Center PUTTING VICTIMS FIRST
groups. Already traumatized victims are spared the hardship of travelling to ALAMEDA COUNTY FAMILY JUSTICE CENTER multiple locations and navigating the numerous support agencies by having The Alameda County Family Justice Center (ACFJC) co-locates these resources available under one roof. allied professionals who work collaboratively in order to provide a comprehensive response and delivery of service to victims of domestic The ACFJC is a safe, confidential environment for victims of all ages who violence and their children, victims of sexual assault, victims of elder have experienced physical, sexual and/or psychological abuse. Families, abuse and underage victims of human trafficking and commercial, sexual women, children and men can heal from violence and live a life free of exploitation.5 abuse, intimidation and exploitation.
The creation of the Alameda County Family Justice Center was made The following are representative agencies responding and providing possible by the hard services to victims and that are co-located at the Alameda County Family work of more than 100 Justice Center: professionals and service • Alameda County District • M.I.S.S.S.E.Y. providers who, under the Attorney’s Office: • SACEY/SPA -Domestic Violence leadership of Nancy E. -Stalking • Building Futures With Women O’Malley, came together -Elder Protection and Children to create a better, more -Child Abduction • Inter-faith Chaplaincy • Children’s Hospital D.O.V.E.S. effective prevention, • Alameda County D.A. Victim- Witness Assistance Division Program response and service • Oakland Police Department • Alameda County Public Health delivery model. The Family Violence Division • JPG Consultants District Attorney’s Office • Alameda County Sheriff’s Office • The Link to Children remains the managerial • Family Violence Law Center • Jewish Family and Children and fiscal agent of the • Bay Area Women Against Rape Services of the Bay Area • Safe Passages Alameda County Family • Bay Area Legal Aid • Survivorship Justice Center. • CALICO • DeafHope • West Coast Children’s Clinic In addition to receiving numerous awards, the Alameda County Family Justice Center is a national model for other communities and serves as There are also more than 65 off-site partners, including SAVE, Tri-Valley the Northern California Family Justice Training Center, helping other Haven and A Safe Place, and all police agencies in Alameda County. communities build their own successful family justice centers. The Alameda County Family Justice Center opened its doors in July Victims arriving at the ACFJC reach a single point of access to over 100 2005. Since that time, over 40,000 individuals have walked through its resources and 40 on-site partners including prosecutors, law enforcement, doors with more than 75,000 services provided to victims of crime. counselors, medical providers, lawyers, child advocates and support How the Family Justice Center helps victims of domestic violence Some domestic violence victims are reluctant to testify in a prosecution against the alleged batterer. The figures below demonstrate an increase in participation on the part of the victim in domestic violence cases. These numbers have risen significantly over the past few years due to the support and services provided to victims of domestic violence at the Family Justice Center.
FIGURE 1: FIGURE 2: FIGURE 3: In 2005/6 (the first year of operation In 2005/6, only 45% of misdemeanor In 2005/6, the number of domestic for the ACFJC), 69% of felony domestic domestic violence cases were charged violence cases filed as felonies (as violence cases were charged with with victim participation. opposed to misdemeanors) was victim participation. relatively low at 13%. In 2010, this number In 2010, this number In 2010, this number increased to 87%. increased to 90%. increased to 43%.
22 | Putting Victims First Family Justice Center Domestic Violence DOMESTIC VIOLENCE UNIT
Domestic violence is a crime that destroys families, causes physical and psychological injuries to the victim, and trauma to those who witness the violence. Batterers use control, isolation, fear and intimidation to gain power over their victims. Domestic abuse crosses all economic, social, cultural, sexual orientation and age boundaries.
Our Domestic Violence Unit assists victims of domestic abuse by understanding the special nature of the crime and the emotional toll domestic abuse takes on the victim. These cases are some of the most difficult and sensitive to prosecute.
In 2010, our Office had a 100% conviction rate on felony domestic violence jury trials.
Partnership with the ACFJC
Our Domestic Violence Unit is based at the Alameda County Family Justice Center. Co-locating our unit along with the many other service providers enables us to serve our victims in the most comprehensive way possible.
Since the ACFJC opened in July 2005, we have seen dramatic results showing how valuable the ACFJC is to the people of Alameda County. The silhouette project was created by Bob Ingram, James O’Malley, Bill Jackson, Alice Lai-Bitker, Hillary Larkin and Nancy E. O’Malley
ACFJC Executive Director *Nadia Lockyer, and her husband, Bill Lockyer, Executive Director of the California State Treasurer, ACFJC, *Nadia Lockyer at the ACFJC Gala. Charting the Decrease in DV Deaths Since 2005
Since the ACFJC opened, Alameda County has seen a dramatic reduction in the number of domestic violence victims murdered at the D.A. Nancy E. O’Malley and Hillary Larkin, founders of the Sexual hands of their abusers. In 2002, Alameda County had 17 domestic Assault Response Team program (SART), are co-chairs of the Domestic violence homicides. In 2010, the number decreased to six. While this Violence Death Review Team whose goal is to reduce domestic violence is still too many, we are edging closer to achieving our goal of zero homicides. domestic violence homicides in Alameda County. * Nadia Lockyer was elected to the Alameda County Board of Supervisors in November, 2010. Putting Victims First | 23 Restitution RESTITUTION UNIT
The Alameda County District Attorney’s Office is widely recognized as County. A five-year study conducted between 2001 and 2006 showed California’s leader in obtaining financial justice for victims of crime. This a collection rate for victim restitution of approximately 55% - well is due to the hard work and dedication of our Restitution Unit. above the State average.
Our team created an efficient system to track victim restitution The Alameda County District Attorney’s Office has spent the last requests, advise the courts and counsel of these requests, and obtain decade pioneering best practices for collection of victim restitution. We restitution orders from criminal defendants at the time of sentencing. are proud of our efforts and have shared our restitution model with Our deputy district attorneys have done an exceptional job in other prosecutors’ offices throughout the State of California to best aggressively pursuing victim restitution and demanding restitution serve victims of crime in those counties as well. We are the ‘go to’ hearings in contested cases. agency for training on victim restitution and for proposed legislation in the field. Since the addition of restitution to our electronic case management system in 2005, the number of victim restitution orders has increased Ultimately, our pioneering efforts assist the victims of crime. If our by 30%. office can conceive a better method to pursue victim restitution, we will implement it. If successful, we will offer it to other agencies around The Alameda County Restitution Court convenes every Friday and the state and provide our assistance. hears in excess of 2,500 cases every year, with minimal expense to the Restitution In 2010, we achieved a 13% Helping victims recover financially increase in restitution orders 2009 1,031 Restitution Orders and a 53% increase in total dollars ordered 2010 1,165 Restitution Orders
2009 $10,740,111.54 Restitution Dollars Ordered
2010 $16,517,279.36 Restitution Dollars Ordered
Number One in the State - Our Restitution Unit In 2010, our office obtained 1,165 restitution orders and restitution fines on behalf of victims of crime in Alameda County, totaling more than $17 million dollars. $15,512,926 of this was payable directly to crime victims and $1,004,354 was awarded to the State of California Victim Compensation Board. $639,052 in criminal fines were ordered to the State Victim Restitution Board.
State Victim Compensation Board Direct to Victim Fines to the State Victim Restitution Board
Total Restitution $17,156,331.36
24 |Putting Victims First 0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 Victims’ Rights and Services
VICTIMS’ RIGHTS AND SERVICES What is
The Alameda County District Attorney’s Office Our Victim-Witness Assistance Division is Marsy’s Law? created the first Victim-Witness Assistance dedicated to continuing and expanding our Program in the United States. Under the outreach efforts. We participate in community leadership of then District Attorney D. Lowell events, distributing information and answering By enacting Proposition 9 (referred Jensen and Captain of Inspectors Harold questions about the services offered by our to as the “Victims’ Bill of Rights Act of “Bosco” Boscovich, our Victim-Witness Office. Some of the events include: 2008: Marsy’s Law”) on November 4, 2008, the citizens of California voted Assistance Division opened its doors in to provide victims of crimes with November 1974. The Solano Stroll - the East Bay’s largest community certain additional constitutional rights. street festival The Division is mandated to Marsy’s Law amended both the provide comprehensive services Afghan and Asian California Constitution and the Penal to meet the needs of both victims Code - an important step in providing Community street fairs and witnesses of all types of a voice to victims of crime. crime, whether or not a suspect A Day of Some of the rights contained in the bill has been identified. We aim to Remembrance - include: reduce the trauma, insensitive recognizes and honors treatment and further victimization victims of domestic violence • to be treated with fairness and that can be experienced in the wake of related homicides respect for his/her privacy and a crime and during the journey through the dignity criminal justice system. The Children’s Memorial Event - honors children who have been killed by violence • to be free from intimidation, harassment, and abuse The Victim-Witness consultants act as a liaison in Alameda County between the District Attorney’s Office and the • to be reasonably protected from victim. Cases are assigned to our consultants, National Night Out - encourages the defendant and persons acting who meet with the victim, perform a “needs neighbors to get to know one another on behalf of the defendant assessment,” and make appropriate referrals. and share a sense of pride in their • to be heard, upon request, at any community Under the State Compensation Program for proceeding victims of crime, our division is also mandated to Victims’ Rights Week - raises awareness • to be informed of the conviction, provide assistance in filing victim compensation of the rights of victims and the resources sentence, place and time of claims. Our Claims Restitution Unit is available to them incarceration, the scheduled responsible for the processing and verification release date of the defendant, and of all compensation claims on behalf of victims Our team also works collaboratively with the the release of or the escape by the defendant from custody, and of crime and their families in Alameda County. Alameda County Family Justice Center and all In 2010, we received restitution orders and of the partnering agencies in an effort to serve • the right to restitution fines totaling more than $17 million on behalf of victims of domestic violence, sexual assault and victims of crime. human trafficking. Under the leadership of D.A. O’Malley, the Office created the Marsy’s Law Notification Card, now used by prosecutors offices throughout the state.
The Alameda County D.A.’s Office welcomes the changes Marsy’s Law brings to victims of crime. We are always searching for new and innovative ways to best serve victims and continue to promote, protect and champion victims’ rights.
More on Marsy’s Law
Putting Victims First | 25 Victim-Witness Assistance
VICTIM-WITNESS ASSISTANCE Services Provided to Victims - 2010 Our consultants are the face of the Victim-Witness Assistance Program, providing essential services 17,954 New contacts with victims of crime (VOC) to those affected by crime and helping victims navigate the complex justice system. These 8,858 New victims supported by victim consultants services include: 49,595 Victim/client services provided • updating victims regarding the status or 3,347 New clients assisted in filing VOC applications disposition of their case • providing orientation to the criminal justice 3,271 VOC applications processed and advocated system • assisting victims in the preparation of their victim impact statement “As novices to the justice system, we didn’t know what to expect • facilitating the return of property • accompanying victims, witnesses and family when we started attending the trial, but soon found out that members to court proceedings as needed it could often be a frustrating and emotionally exhausting More on Victim-Witness Assistance experience. We were so grateful that the advocates assigned Our Victim-Witness Assistance Division to our case were there for us every step of the way… We think that the Victim-Witness Assistance Program is one of the most important parts of the county justice system.”
-- an Alameda County Victim of Crime
Domestic Violence
STOP
Honoring lives lost at the hands of abusers Our Office participates in and coordinates numerous events including Child Abuse Awareness Month (April), and Domestic Violence Awareness Month (October). In October, we joined in a Day of Remembrance to honor the individuals who have died due to domestic violence in Alameda County. The three hour event included speakers representing deceased victims, as well as survivors of domestic violence who have been seriously injured by their abuser. The tribute was held in front of the County Administration building in Oakland, and our Victim-Witness Assistance Division participated alongside other community agencies that provide services to victims of crime and their families. Despite poor weather, the event was well attended. We displayed pictures of deceased victims provided by the victims’ families and, following the ceremony, guests placed white roses in front of these pictures. 26 | Putting Victims First Truancy & ID Theft
PARTNERING WITH OTHERS FOR A BETTER ALAMEDA COUNTY
time in prison and jail were truants as youngsters, and children who are on The Alameda County District Attorney’s Office embraces the the streets during the school day have a greater opportunity to fall victim to challenge of developing innovative programs, engaging in public-private criminal activity. By using the state laws to keep children in school, we hope partnerships, maximizing resources, and improving service delivery for that more will thrive academically, graduate from high school and avoid any victims of crime. These collaborations unite government and public future involvement with the criminal justice system. agencies with community-based organizations and private companies. PARENT TRUANCY COURT 6TRUANCY Change in Attendance Keeping Our Kids in School: Collaborating with Courts, 91% Increase School Districts, Probation, County Health Agencies & 6% Decrease Community-Based Organizations 3% No Change In California, the law requires that every child from the age of 6 through the age of 18 must be in school, on time, every day. If a student misses school, it must be for a legitimate reason such as illness. A child is The children of parents who went through the D.A.’s Parent Truancy deemed to be a truant if he/she has missed three days of school without Program showed improved daily and on-time attendance in 91% of the a legal excuse, or has arrived more than a half an hour late on three cases active to Truancy Court in 2010. occasions.
After five unexcused IDENTITY THEFT absences or 30 (+) The Alameda County D.A.’s Office is proud to partner with the minute tardies, the child Alameda County Identity Theft Council to provide local education and is a habitual truant and support to help victims of ID theft in our community. The Council is a can be called, along collaborative network of local law enforcement, financial institutions, with his parents or local businesses, financial advisors and schools who have joined forces guardians, to a hearing to assist victims of ID theft. before the School Attendance Review The Identity Theft Council’s Board. If the truancy ‘Operation Model Citizen’ continues, the child’s aims to prevent further school district can refer identity theft in Alameda the case to the District County by focusing on: Attorney’s Office for legal action. • hosting educational sessions Truancy cases are handled either in Superior Court or Juvenile Court, • providing victims depending on the age of the truant. In cases involving elementary access to and advice by school aged children, the parents of the truant student appear in adult trained counselors and Superior Criminal Court. Charges may range from an infraction to a local experts misdemeanor, and parents can face fines, probation, parenting classes, • promoting the and/or county jail. Families are provided with intensive case management Council’s ‘Prevention services. Teenage truanancy cases are first handled in a mediation through Education’ program at the Alameda County Probation Department and, if necessary, message in Juvenile Court. Truant teens are supervised by a probation officer and may be sent to Juvenile Hall if they violate terms of their truancy The Council has successfully D.A. Mark Jackson is a national leader in probation. demonstrated how, by the prosecution of ID theft. He lectures and working together and presents at national and statewide conferences. It is the goal of the District Attorney’s Truancy Unit to see students succeed sharing our expertise, we He also speaks to local community groups about in school and our succesful Truancy program is a recognized model for can make our communities identity theft prevention. other counties throughout the state. 75% of the men and women serving safer. Partnering with others | 27 H.E.A.T. Watch H.E.A.T. Unit
The District Attorney’s Office formed the Human Expoiltation and Trafficking (H.E.A.T.) Unit in 2005, the first of its kind in the nation. The Unit fights human trafficking, particularly the sexual exploitation of children. Our team takes a victim-centered approach, recognizing that these victims are particularly vulnerable and must be supported at every stage in the investigation and prosecution of these cases.
In 2010, we unveiled H.E.A.T. Watch, a five-point blueprint for Alameda County to effectively combat human trafficking. H.E.A.T. Watch is designed to be replicated by other communities and uniquely engages businesses and community members to be the eyes and ears in the effort to stop the trafficking of our children. D.A. Nancy E. O’Malley & U.S. Congresswoman Jackie Speier
We are resolute that these exploited children be seen as victims Since its inception in 2005, the H.E.A.T. Watch Unit has charged 157 cases of child sexual abuse and assault, not as prostitutes. By referring to victimized youth as commercially sexually exploited children (CSEC), the involving 187 defendants and secured 119 convictions and 12 parole/ justice system acknowledges their victimization and shifts responsibility probation violations. where it rightfully belongs – to the pimps, buyers and facilitators - the 157 Cases Charged 200 traffickers who profit from and engage in sex with children. 131 Convictions/Probation Violations
The H.E.A.T. Unit pursues human traffickers vigorously, and uses 150 innovative charging to hold them accountable. In some instances, these charges can carry a life sentence. Our methods ensure that those who 100 financially benefit from the sex trafficking of children, and also those who encourage exploitation, receive the maximum sentence. Through 50 our advocacy in Sacramento, laws have been created to increase both fines and penalties for perpetrators. 0
Our Office is a recognized leader in partnering with child-serving professionals to create model support systems in the effort to recover, “These are all our children, and protect, and serve victimized youth. Essential services are provided from point of first contact, whether on the street or at the Safe Place they can be rescued if you open Alternative, and continue through the court process and beyond. your eyes, watch and take action.” D.A. Nancy E. O’Malley Conference at Oakland Museum for H.E.A.T.
In November 2010, D.A. O’Malley, along with supporters including United States Congresswoman Jackie Speier, Oakland Police Chief Anthony Batts and California Assemblymember Sandre Swanson, launched the Regional H.E.A.T. Watch Program and the Bay Area H.E.A.T. Coalition at the human trafficking conference in Oakland, CA. The Alameda County District Attorney’s H.E.A.T. Watch Program is a nationally recognized and innovative solution to combating Human Exploitation and Trafficking (H.E.A.T.). The program was recently awarded WATCH a $300,000 two-year federal grant to expand throughout the Bay Area’s nine Counties, enhancing regional HUMAN EXPLOITATION capacity to combat domestic sex trafficking of minors. STOPAND TRAFFICKING , H.WORKING ETOGETHER.A.T. WITH THE ALAMEDA COUNTY DISTRICT ATTORNEYS OFFICE. The Bay Area H.E.A.T. Coalition (BAHC) unites local, state and federal agencies, law enforcement, service providers, and communities, in a historic and coordinated effort to rescue commercially sexually exploited 28 |Partnering with others children and hold their traffickers accountable across city, county, and state borders. Community Involvement
COMMUNITY INVOLVEMENT, OUTREACH and COMMUNICATIONS
Community Involvement & Outreach Sports and the D.A.’s Office Serving our community outside of the courthouse setting is very important to the Office. In 2010, members of our staff participated in multi-agency efforts to address issues affecting 7our citizens and neighborhoods.
Alameda County D.A.’s softball team competing in the All World Criminal Justice Charity Tournament in Folsom, CA.
National Night Out The District Attorney’s Office participated in National Night Out on August 3, 2010. We teamed up with volunteers and employees from the City of Oakland, visiting block parties throughout the city to meet neighbors, answer questions and speak about the services provided by the D.A.’s Office. Volunteers at the 2010 West Coast Wheelchair Basketball Championships in Berkeley. People v. Hunger On June 16, 2010, twenty members of the District Attorney’s Office spent their lunch break taking part in the first annual ‘People v. Hunger’ Volunteer Day at the Alameda County Community Food Bank. The Food Bank is the principal source of free food distribution in the county and supplies food to over 250,000 county residents each year - about 1 in 6 people.
D.A. volunteers were given the task of sorting through large bins of fruit to remove the spoiled or over-ripe pieces. Executive Director, Suzan Bateson, said, “Thank you so much to the Alameda County D.A.s Office volunteers for your hearts and your hands!”
Community Involvement & Outreach | 29 Gang Summit & Housing Workshop Gang Summit Afghan Festival
Law enforcement officials and prosecutors from On September 18, 2010, the federal, state and local agencies, community Afghan community of Alameda based organizations, school district officials, and County celebrated EID, a three- the faith-based community gathered in Oakland day Muslim holiday marking the for a two-day summit focused on gang violence end of Ramadan. Members in the City of of the newly-formed Afghan Oakland. Community Outreach Program were on hand to facilitate Alameda County communication between the District Attorney Afghan community of Alameda Nancy O’Malley, County and the D.A.’s Office. U.S. Attorney for the Northern District of California Melinda Haag, Oakland Police Chief Anthony Batts and Oakland Mayor Ron Dellums, Alameda County Women’s Hall of Fame anchored the two-day meeting which included over 140 speakers on panels ranging from Each year, 12 women are intervention to law enforcement strategies and recognized for their achievements best practices. and contributions to our county and its citizens. These honorees are Representatives from the Alameda County District inducted into the Alameda County Attorney’s Office presented on topics including Women’s Hall of Fame. Volunteers re-entry, truancy programs, call-ins, and law from our Office dedicated their time enforcement communications between agencies preparing for and staffing this event. and jurisdictions. The Governor’s Office and the Our volunteers have become Department of Justice also had a large number of known for their artistic flair, creating high level representatives present to partner in elaborate centerpieces the guests the effort. bid on to take home. Presenters and participants were able to meet and Chinatown Street Fair collaborate with The District Attorney’s Office had a strong showing at Oakland’s Chinatown Streetfest over the a wide range of weekend of August 28 and 29, 2010. professionals dedicated to Representatives addressing the from our Office growing problem gathered to provide of gang violence the community with plaguing the City useful information of Oakland. about a wide variety of topics such as restitution, victims’ rights, domestic violence and the Family Justice Center. 30 | Community Involvement Honors & Awards
Honors, Awards & Milestones Officer Recognition Awards National Award for H.E.A.T. Watch Program On October 11, 2010, Alameda County District Attorney Nancy E. O’Malley The Alameda County District Attor- the Office’s Asset Forfeiture Unit. A presented the Office’s Police Officer ney’s Office was honored to receive the nationally recognized expert in the Recognition Award to seven recipients, National Association of Counties 2010 area of asset forfeiture, Andy also all members of law enforcement agen- Achievement Award for its H.E.A.T. lectured widely on the topic of nar- cies in Alameda County. The award rec- Watch Program. The annual Achieve- cotics asset forfeiture for the Cali- ognized either a notable and outstanding ment Award Program, begun in 1970, fornia District Attorneys Association career in law enforcement, or exemplary recognizes innovative county govern- and the State Justice Department. work in a specific case. ment programs. Assemblymember Swanson D.A. Inspector graduates from the Names Deputy District At- FBI Academy torney Sharmin Bock Wom- an of the Year 2010 During the fall of 2010, D.A. Inspector III Kim Tejada attended and graduated During a March 8 ceremony at from the 243rd session of the FBI Na- the State Capitol, Assembly- tional Academy in Virginia. member Sandré R. Swanson (D-Oakland) honored Deputy D.A. O’Malley, Sergeant Tony Jones & D.D.A. Venus Judicial Appointments 2010 District Attorney Sharmin Bock Johnson as the 16th Assembly District’s In late December, Governor Arnold Woman of the Year. The honorees were: Schwarzenegger appointed two vet- eran members of the Alameda County • Officer Herb Webber and Sergeant D.D.A. Swalwell honored District Attorney’s Office to the Supe- Tony Jones (Oakland PD) with Community Service rior Court Bench. Chief Deputy District • Sergeant Todd Sabins and Detective Award Emily Murphy (Berkeley PD) Attorney Thomas Rogers and Deputy • Officer Ken Bryant (Fremont PD) District Attorney Armando Cuellar have Deputy D.A. Eric Swalwell • Officer Bob Coffey (Hayward PD) both been sworn in as Alameda County was awarded the Bay Area’s • Probation Officer Clark Blackmore Superior Court Judges. Mothers Against Drunk Driv- ing (MADD) Community (Alameda County Probation) Tom joined the D.A.’s Office in 1976. Service Award for his efforts Throughout his distinguished career in in prosecuting drunk drivers the Office, he held many different posi- Chief Kearns takes reins of Alam- to the full extent of the law on tions, including that of trial attorney for eda County Chiefs’ Association the misdemeanor trial team. serious felonies, as well as high-level Chief of D.A. supervisory roles throughout the coun- Inspectors Brad ty. Most recently, Tom served as Chief Kearns was se- Deputy District Attorney. Assigned to lected in 2010 the Wiley W. Manuel Courthouse in to serve as the Oakland, he oversaw our branch opera- President of the tions. Alameda Coun- ty Chiefs of Po- Andy joined the D.A.’s Office in 1985 lice and Sheriff’s Association. and, for nearly two decades, he headed
Community Involvement & Outreach | 31 Beyond the Courthouse BEYOND THE COURTHOUSE - Working with Lawmakers The Alameda County District Attorney's Office Goes to Washington
In May 2010, Alameda County D.A. Nancy O'Malley led a team from the District Attorney's Office to Washington D.C. to honor fallen officers at the National Law Enforcement Officers Memorial and meet with legislators.
The team met with many officials to discuss the Office’s nationally recognized programs and initiatives. Highlights included presentations on the Restitution Unit, the H.E.A.T. Watch program, and the Alameda County Family Justice Center. Also overviewed was the Alameda County Juvenile Justice Center and the innovative and successful partnerships between the D.A.’s Office, Probation Department, Alameda County Office of Education and Alameda County Health Care.
In a briefing with the White House Advisor on Violence Against Women, D.A. D.A. Nancy E. O’Malley and U.S. Senator Diane Feinstein O’Malley spoke about the Family Justice Center's concept of collaborative comprehensive services. At the request of the White House, she also briefed members of the Domestic Policy Council on this topic. Ms. O'Malley and her team met with the President's Domestic Policy Council to discuss H.E.A.T. Watch, the D.A.'s innovative blueprint to combat human exploitation and trafficking. Assistant D.A. Sharmin Bock also addressed a senate panel on Domestic Human Trafficking at a hearing sponsored by the Senate's Human Trafficking Caucus.
During the week, D.A. O'Malley met with local representatives Jerry McNerney (CA-11), John Garamendi (CA-10), and Barbara Team from the Alameda County District Attorney’s Office with CIA Director Lee (CA-9), as well as Rep. Daniel Leon E. Panetta Lungren (CA-3), a member of the Human Trafficking Caucus, and Rep. Jackie Speier (CA-12). D.A. O’Malley was honored to meet with United States Senator Diane Feinstein and have the opportunity to speak with her about the excellent work of the Alameda County District Attorney's Office.
Ignition Interlock Pilot Program Begins in 2010 Alameda County is participating in a five year pilot program mandating the installation of an ignition interlock device (IID) on every vehicle owned or operated by anyone convicted of driving under the influence in Alameda County. AB 91, the legislation creating the program, was authored by Assemblyman Mike Feuer and signed by Gov. Schwarzenegger in 2009.
According to the latest statistics available from the DMV in 2008, 1,355 vehicle occupants were killed and 28,463 injured in alcohol-involved collisions in California. We are committed to the success of the Pilot Program with the hope of seeing a reduction in driving under the influence and its related tragedies. 32 | Community Involvement & Outreach Investigative Initiatives Section 1390 Legislative Initiatives Amending the Evidence Code Section 1390 allows hearsay (out of court declarations offered for the truth of the matter) Under the leadership of District Attorney Senior Deputy District Attorney to be admitted in court if it can be shown by a Nancy O’Malley, members of our staff Jeff Rubin worked on the successful preponderance of the evidence that a criminal frequently consult on, testify about and implementation defendant “engaged or aided and abetted in assist in drafting new legislation at a state- of the Office’s wrongdoing that was intended to, and did procure wide and national level. Working with legislative efforts the unavailability of the declarant.” lawmakers, we propose and support with the passage legislation that fits with our mission to of Assembly Bill There are multiple benefits to the law. It takes champion the rights of victims and to keep 1723, creating a away some of the incentive for a criminal our community safe. new “forfeiture defendant to kill or intimidate a witness to In 2010, we were instrumental in writing by wrongdoing” hearsay exception: the crime because the reason for eliminating numerous pieces of legislation, including: Evidence Code section 1390. The the witness (i.e., to prevent the witness from law also clarified the definition of testifying) is diminished since the witness • AB 1723: a “forfeiture by wrongdoing” unavailability for purposes of Evidence statements may still come into evidence and help hearsay exception to the California Code section 240. convict the defendant. The law will be especially Evidence Code. The Bill was a joint effort by our Office, useful in gang cases where witness intimidation • SB 536: to prevent a victim of sexual the California District Attorney’s is rampant, and in domestic violence cases where assault from being billed, directly or Association, and Assemblyman Ted defendants often are able to coerce the victims indirectly, for any medical treatment Lieu. Together, the group drafted the from coming to court and testifying. required as a result of a sexual assault legislation, explained it to legislative crime. This legislation is currently committee legal advisors and responded Section 240 pending. to objections and questions raised by legislators about the law. The group • AB 2319: to include the exploitation Certain exceptions to the hearsay rule require a testified at legislative hearings, and finding by the Court that the witness who made of minors as part of AB 17 (the 2009 collaborated Human Trafficking Bill). This bill did not the out of court statement is “unavailable.” with Sometimes witnesses are so fearful about pass the Committee stage, and will be legislators testifying that they refuse to testify even after reintroduced in 2011. to work the Court orders them to do so. If the witness • SB 557: to define family justice centers out the final language of continues to refuse to testify, the Court can hold in California law, thereby acknowledging the witness in contempt and order a jail sentence the trend towards multi-disciplinary, the bill. for the witness. The newly amended Evidence multi-agency service delivery models for victims of domestic violence, sexual Code section 240 now broadens the definition assault and human trafficking. This of “unavailable” to include these witnesses. legislation is currently pending. This will prove to be invaluable to prosecutors when dealing • SB 26: to make smuggling and illegal with reluctant possession of a cell phone (or other witnesses. wireless communication device) by an inmate a misdemeanor offense in Chief Assistant California. This legislation is currently District Attorney pending. Kevin Dunleavy
• SB 534: to clarify the elements of an existing criminal offense when someone is strangled or suffocated, but survives. This bill adds an enhancement if the strangulation or suffocation occurs within an intimate relationship. This legislation is currently pending.
District Attorney Nancy E. O’Malley Community Involvement & Outreach | 33 Communications & Multi-media Beyond the Office Newsletters COMMUNICATIONS
Over 25 languages are spoken in Alameda ‘Did You Know…’, a monthly online newsletter, highlights County and we understand the growing recent verdicts, news and consumer alerts. Signing up is easy: need to provide multi-lingual services and visit our homepage at www.alcoda.org and enter your email information. We translated numerous address in the ‘Sign up for our newsletter’ box. ‘DA Wellness @ Work’, an internal newsletter published by our Support Staff Health and Wellness Committee, is a fun and informative lifestyle bulletin. The quarterly in-house personnel newsletter, ‘At the End of the Day’, keeps staff apprised of news and events at our ten offices. brochures and recorded our Public Service Announcements (PSA) in various As part of her commitment to the transparency and languages including English, Chinese, accessibility of the office, PSA in Cantonese Language Farsi, Tagalog and Spanish. D.A. O’Malley t the end of the day... D.A. O’Malley created the also appointed two Community Outreach Advisors within her staff to represent A riends and colleagues gathered on September 2nd, at ...... Fthe Z Café to honor Ann Diem as she retired after 26 November 2010 years with the Alameda County District Attorney’s Office. The fond and sometimes tearful farewell INSIDE was attended by over 100 people, 2 the Office and serve as grassroots liaisons within their respective communities. A including members of the DA’s Office, A Note from Nancy Communications Team to the defense bar and the judiciary. The many toasts given that night to Ann emphasized the high respect 3 - 4 she garnered from all with whom she Office Softball Game worked and centered on a common tribute: “Ann, you are a respected 5 - 6 diversity committee was created to enhance awareness and cultural competency attorney and a true friend and we will Health & Wellness coordinate media access, miss you.” 7 Ann started with the DA’s office as a Great Rib Cook-Off summer law clerk in 1982, returned alk your Tahoeway to Bike better Ride health … as a clerk in 1983 and, upon passing the Bar inW December, is gettingOne started; of the not hardest just getting things up about from exercisingyour desk, within the D.A.’s Office. was sworn in as a deputy district attorney. Ann actually putting on your tennies and going for8 a walk but starting selected a jury in her first trial, a DUI, as a clerkany and type ga ofve exercise regime when you’ve been sedentary publications, the speakers her final argument as an attorney! Ann was rforecognized a while.* early New Hires by her superiors as a skilled trial lawyer and by the defense Ann Diem - Cont. Don’t be discouraged, you don’t have to be an instant Page 6 bar as a formidable, but respected, opponeOlympicnt. Ann’s athlete. caree r Walking is great exercise and almost included multiple felony trial assignments andanyone assi cangnm findent sthe time and a place to9 walk. As little as If you golf, leave the with law and motion and felony calendars.30 She to 60 is minutesan expe art day can makeAnnual a big Toydifference Drive in your overall fitness. Best of all, walking is safe, simple and cart and walk the in the prosecution of sexual assault and was the first attorney & a Holiday Recipe assigned to the child sexual assault verticalyou pros don’tecuti needon special team. equipment or training. The only things you need are: course. bureau, website updates Ann also made a significant impact on the Office in the five years she spent in charge of Recruitment and Development 1. Comfortable walking shoes through the high quality of attorneys she recruited. To this 2. day, Ann continues to be a mentor for the less-experi Lose, comfortableenced clothing 3. A little time Walking Tips • If the weather is warm or hot, stay hydrated. Take water with you on your walk. from the Mayo Clinic • Start out at a slow pace to warm up for five Start slow and easy. If you’re a seasoned walker, MULTI-MEDIA PUBLICATIONS and social media strategies. minutes. keep doing what you’re doing. If you’ve been inactive • Do some easy stretching, concentrating on the and tire easily, it’s best to start slow and easy. At first, quadriceps, calf muscles and hamstrings. walk only as far or as fast as you find comfortable. If • Cool down at the end of your walk by walking the you can walk for only a few minutes, let that be your last five minutes at a slower pace. The key is “just do it”, to quote a well-known shoe starting point. For example, you might try short daily company. Don’t make excuses. If you think you don’t sessions of five to 10 minutes and slowly build up to have time to walk because you’re too busy, take one 15 minutes twice a week. Then, over several weeks’ of your tasks on the road with you - plan your holiday time, you can gradually work your way up to 30 to 60 dinner while walking to work. Walk with a friend instead minutes of walking most days each week. Our Research and Training Unit produces written, of chatting on the phone. Walk to the store and back and leave the car at home. Take the stairs. Walk around the Use proper technique. Walking is a great exercise neighborhood after dinner with a buddy or a pet. You because it’s so simple to do. But using the correct might even get to know your neighbors. posture and movements is essential.
Instead of makingContinued excuses, Page 8find (click reasons me) to walk. Measure the intensity of your workout. As you walk, Walking increases metabolism, reduces stress, burns measure the intensity of your workout by checking online and audio visual educational materials. We utilize calories, lowers your cholesterol and blood pressure and improves your fitness level. It’s as easy as putting one your heart rate. Knowing your heart rate allows you foot in front of the other. to increase the intensity to maximize your workout or slow down to avoid overdoing it.
Remember: Always check with your physician before you If you’re walking for your health, a pace * begin any new exercise regime or diet. of about 3 miles per hour (or about 120 ..... the expertise of members of our staff in creating these steps per minute; fewer if you’re tall) is about right. That’s a 20-minute mile.
To walk for weight loss, you’ll have to pick up the pace to 4 miles per hour (or 135 steps per minute), a 15-minute mile. publications for the benefit of members of the legal, judicial Aerobic fitness comes at 4.5 miles per hour (you’re moving along at 150 steps
per minute). and law enforcement communities.
“Points & Authorities” is a weekly taped legal education show hosted by the head of our Research and Training Unit, Jeff Rubin. Each episode explores a specific current legal topic and is produced in-house by our Research and Training Unit and Video Unit. P&A is broadcast within our offices and to subscribing D.A. offices Website throughout California.
We maintain an online presence with our regularly updated Point of View, a quarterly law journal, has been published by our office since 1970. Its purpose is to provide officers, prosecutors, and judges with original articles and website, making it a convenient means of accessing current recent case reports pertaining to all phases of police field operations and criminal information, press releases and tools such as Inmate Locator investigations in California. and Criminal Docket Finder (www.alcoda.org). California Criminal Investigation (CCI) is an extensive training manual serving legal and law enforcement professionals throughout the state. It is published yearly in a hard copy edition, and made available with daily updates on our website for online subscribers.
Our Forensic Video Unit performs forensic assessments of audio-visual and technological evidence, and prepares demonstrative evidence for trials and court proceedings. Each week, we produce two POST (Peace Officer Standard and Training) DVDs which are viewed by law enforcement agencies nationwide. In addition to filming Points & Authorities, the team also partners with county officials to record 34 | Community Involvement & Outreach announcements for TV broadcasting and podcasting. Beyond the Office
BEYOND THE OFFICE ... Local Boards Community Members of the Alameda County District • Martin C. Kaufman 100 Club • Special Olympics Attorney’s Office are woven into the very • Alameda County Fair Board • National Charity League fabric of the community we serve. From • Oakland Elizabeth House • Women on the Way Recovery Program education and training to volunteerism, • Salvation Army • National Red Cross our employees go above and beyond the • Homeowner’s Association Board • Oakland Boys & Girls Club workday. (several) • Alameda Boys & Girls Club • Dublin Planning Commission • San Leandro Boys & Girls Club Here are some of the highlights of the many • Law Center for Families • Soroptimist International of Oakland ways we expand public service through • Attorneys For Children • City Slicker Farms (West Oakland community service. • YMCA of the East Bay Outreach creating backyard vegetable • Planned Parenthood gardens) We Teach . . . • San Leandro Board of Zoning • Dublin Sister City Association • Education Fund Foundation • Religious Education Volunteer at Bay Area law schools, local community • Friends of the San Leandro Library • Parish Council Volunteer colleges, law enforcement agencies and • Center for Family Counseling • Church Outreach Volunteer schools. • Sexually Exploited Minor’s Network • Alzheimer’s Association • Betty’s Childrens Academy • East Bay Stand Down (veterans • Pleasanton Community Counseling outreach) We Lead … Center • Oakland Community Re-Entry Pilot • Afghan Women’s Association Project by serving on national and statewide advisory • CinnamonGirl, Inc. and professional boards. • Golden State Greyhound Rescue Public Awareness and Education Association • Neighborhood Watch • Oakland Sunrise Bakery We Volunteer … • Oakland Gang Prevention Task Force • Rowell Ranch Rodeo Board • Rebuilding Oakland Together • Foster Care Program by committing our time, energy and talents • Bay Area Youth Intervention Alliance • National Night Out to over 150 boards and civic organizations. • Crossroads • Alameda County Food Bank The boxes highlight a partial list of the • Oakland Unified School District Truancy • St. Vincent de Paul Society many ways we are committed to Alameda Task Force • SurfRider Ocean Clean-up County. • Interagency Children’s Policy Council • Voter Registration Project • iCan Foundation • Adopt International • CORE (Citizens of Oakland Respond to • Sonsine Equestrian Society (outreach to Emergencies) those with special needs) • Alameda County Domestic Violence • Leukemia & Lymphoma Society Boards of Regents/Local Schools Collaborative • St Mary’s College High School • Excell High School • Head Royce • Skyline High School • James Logan High School • Piedmont High School • Castlemont High School • St Vincent Day School Board • All Saints Development Board • Bishop O’Dowd • Moreau High School • St Joseph Notre Dame High School • Oakland Tech High School • McClymonds High School • Mission San Jose High School Children visiting the courthouse on the county’s “Bring Your Kids to Work Community Involvement & Outreach Day” participate in a mock trial. | 35 A Proud History of Service
A Proud History of Service Alameda County District Attorneys Through the Years
Charles E. Snook Everett J. Brown William H. L. Hynes Earl Warren 11/8/1892-11/6/1894 11/6/1906-9/29/1908 12/2/1912-4/15/1918 1/12/1925-1/1/1939
John J. Allen William H. Donahue Ezra W. Decoto 11/8/1898-11/4/1902 9/29/1908-12/2/1912 4/15/1918-1/12/1925
36 | History of Service A Proud History of Service A Proud History of Service
A Proud History of Service Alameda County District Attorneys Through the Years
J. Frank Coakley John J. Meehan Nancy E. O’Malley 9/26/1947-7/1/1969 4/1/1981-1/2/1995 9/18/2009-
Ralph E. Hoyt D. Lowell Jensen Thomas J. Orloff 1/1/1939-9/26/1947 7/1/1969-4/1/1981 1/2/1995-9/18/2009
History of Service | 37 “Justice isn’t served until crime victims are.”
In Memoriam Art Garrett: June 20, 1951- July 14, 2010 On July 14, 2010, Art Garrett, head of the D.A.’s Forensic Video Unit, passed away. He will be greatly missed by his friends and colleagues in the District Attorney’s Office. Art began his career with the Office as a radio-television broadcasting professional on May 1, 1974, as the producer of the police legal training series called “Television Point of View” for law enforcement agencies in Alameda County. Over his 36 years of making industrial films for the Alameda County D.A., other county agencies and P.O.S.T., it is estimated that Art produced more than 10,000 shows, which have helped to educate lawyers, law enforcement, other allied professionals and the community. He was also an invaluable asset to attorneys in creating videos for felony trials. Our hearts and prayers remain with Art’s wife, our dear friend Dottie, who retired in 2009 after a 39- year career in the Office, and his two sons and grandson.
A special thanks to our production team: Kevin E. Dunleavy, Chief Assistant District Attorney Teresa Drenick, Special Assistant to District Attorney Philippa Ratcliff, Graphic Designer Rebecca Richardson, Editor-in-chief
Copyright © 2011 - Office of the District Attorney, Alameda County