annual report cover front and back.pdf 1 3/28/2013 2:30:42 PM

ttorney A 's t ic O r f t f i

s c

i

Nancy E. O’Malley e Alameda County D A Office Locations la y District Attorney t m n eda Cou

1. René C. Davidson Courthouse – Oakland 6. Consumer, Environmental & Worker Protection RCD is home to the main District Attorney’s Office Division, and Public Assistance Fraud – Oakland Address: 1225 Fallon Street, Room 900 Address: 7677 Oakport Street, Suite 650 Oakland, CA 94612 Oakland, CA 94621 Phone: (510) 272-6222 Phone: (510) 569-9281 Email: [email protected] Email: [email protected] Alameda County 2. Wiley W. Manuel Courthouse – Oakland 7. Juvenile Justice - San Leandro Address: 661 Washington Street, Room 225 Address: 2500 Fairmont Drive, Suite C3071 Oakland, CA 94607 San Leandro, CA. 94578 District Attorney’s Office Phone: (510) 268-7500 Phone: (510) 667-4470 Email: [email protected] Email: [email protected] Serving Alameda County for 160 Years C 3. Fremont Hall of Justice – Fremont 8. Victim & Witness Assistance – Oakland M Address: 39439 Paseo Padre Parkway Address: 1401 Lakeside Drive, Suite 802 Fremont, CA 94538 Y Oakland, CA 94612 Phone: (510) 795-2500 CM Phone: (510) 272-6180 Email: [email protected] MY Email: [email protected]

CY 4. Hayward Hall of Justice – Hayward CMY 9. Alameda County Family Justice Center – Oakland Address: 24405 Amador Street K Address: 470 27th Street Hayward, CA 94544 Oakland, CA 94612 Phone: (510) 670-5100 Phone: (510) 267-8800 Email: [email protected] Email: [email protected] 5. Gale/Schenone Hall of Justice – Pleasanton Address: 5672 Stoneridge Drive Pleasanton, CA 94588 Phone: (925) 803-7171 Email: [email protected]

Sign up for our newsletter ‘Did You Know’: http://www.alcoda.org/news/newsletters

Leadership Integrity Professionalism

Visit our websites: www.alcoda.org, www.acfjc.org and www.heat-watch.org Follow us on Twitter: www.twitter.com/AlamedaCountyDA Like us on Facebook: http://www.facebook.com/AlamedaCountyDA Biennial Report 2011-2012 Copyright © 2013 Office of the District Attorney, Alameda County CONTENTS

A Message from the District Attorney 2 - 3 Office Overview 4 - 7 By the Numbers 8 Gun Violence 9 Human Exploitation & Trafficking 10 - 12 High Profile Cases 13 - 19 Specialized Teams & Units 20 - 23 Consumer, Environmental & Worker Protection 24 - 29 Serving Victims of Crime 30 - 34 Community Outreach 35 - 37 Youth Outreach & Empowerment 38 - 41 Legislation 42 - 43 Realignment 44 Awards, Honors & Milestones 45 - 51 A Proud History 52 - 53 Office Locations Back Cover

2011-2012 Annual Report 1 2011-2012 Highlights & Reflections

A Message from District Attorney Nancy E. O’Malley

The last two years have been filled with exciting change, great challenges and hard work in the District Attorney’s Office. In January 201I, I was honored to be sworn in as the first female elected District Attorney in our county’s history. I am guided daily by the trust placed in me to ensure the safety of our communities and the ethical and professional handling of matters that come before me and into my Office. As I lead this Office, I also emphasize our role in upholding the rights of victims of crime. Justice will only be served by giving a voice to victims and their families and by making sure that we provide essential services to them, including working to recoup restitution on their behalf.

I am proud and honored to work with the excellent staff of this Office as it meets the challenges of increasing case-loads, high crime rates and diminishing resources with professionalism and dedication.

In 2011 and 2012, the trial attorneys were extraordinarily busy, taking to trial 424 felony and misdemeanor cases. In addition, many extremely serious, complex and high profile cases went to trial, with outstanding results. Such prosecutions included the 2011 trial of Yusef Bey IV and his co-defendant Antoine Mackey for the brutal murder of Oakland journalist Chauncey Bailey, as well as the murders of Odell Roberson and Michael Wills. The Bailey homicide marks a rare instance in our Country’s history in which a journalist was killed in order to stop his reporting. I extend my thanks and admiration to the Chauncey Bailey Project for its perseverance and diligence in ensuring justice for Mr. Bailey and protection of the First Amendment.

I am committed to working with and for the people of Alameda County. It is my belief that my staff and I should spend as much time as we can in the community, listening to concerns, offering information and answering questions. Our newly formed Speakers’ Bureau aims to do just this by making available experts in all fields of prosecution, consumer and environmental protection and victims’ rights to speak to students, community and faith based groups and civic organizations.

We are ever mindful of the impact that crime has not just on our community, but also on the individual victims who suffer as a result of a defendant’s criminal actions. To this end, we created several new programs to address all areas of criminal and civil wrongdoing. Our Homeowner Education and Loan Protection Program (H.E.L.P.) provides assistance to victims of real estate scams. Understanding the benefits of collaborative responses, Commitment & Leadership 2 2011-2012 Highlights & Reflections Mission Statement The mission of the Alameda County District Attorney’s Office is to ensure, protect and promote public safety in A Message from District Attorney Nancy E. O’Malley Alameda County. The District Attorney’s Office shall review and prosecute criminal cases in both the adult and juvenile this brings together law enforcement, government agencies, real estate, mortgage and escrow professionals, and the banking justice systems; shall protect consumers and the community to address this critical issue. environment, including enforcement through civil and

It is my belief that the public and the justice system are best criminal actions; shall preserve and protect public integrity; served when public and private agencies work together. As with shall uphold the rights of victims of crime; and shall our efforts in H.E.L.P., our Human Exploitation and Trafficking support and protect victims of and witnesses to crime. (H.E.A.T.) program saw great strides in 2011 and 2012. Our efforts to combat human trafficking continue to grow, with the addition of BAHC, the Bay Area H.E.A.T. Coalition, a multi- jurisdictional, multi-agency response to end human trafficking. Mandated Services

Under our leadership, programs addressing the needs of our The District Attorney is mandated by the California County’s children are flourishing. I am proud to tell you about Constitution and the Government Code to review, the many programs we have developed, ranging from cyber- bullying assemblies for middle school students to a girls’ court charge and prosecute criminal violations of the laws of addressing the unique issues and needs of girls in the juvenile California. The District Attorney’s Office brings actions on justice system. Our children are often the most vulnerable among behalf of the People of the State of California. us. They are also tomorrow’s leaders of our community, and my Office will continue its outstanding role in protecting, serving and In addition to prosecuting criminal matters, the District empowering the youngest members of our society. Attorney’s Office has several responsibilities, including: Through the hard work of our attorneys, inspectors, victim- witness consultants and administrative staff, the Alameda County • Prosecuting actions in the Juvenile Justice system District Attorney’s Office continues to be one of the top prosecutor offices in the nation. This report commemorates involving conduct that, if committed by an adult, the efforts of all those in my Office who have contributed to the would be a criminal matter fulfillment of our mission over the past two years. • Bringing civil & criminal actions involving consumer fraud, including real estate fraud, mortgage fraud, insurance fraud, medical fraud and financial fraud, and crimes committed against our elders and dependent adult populations • Bringing legal actions to ensure environmental protection • Ensuring victims of crime are aware of their rights, and that those rights are upheld and enforced • Advocating for the court to order legally appropriate restitution on behalf of crime victims and the State of Commitment & Leadership California Victims of Crime Fund 2011-2012 Annual Report 3 Office Overview Prosecutors The attorneys who work for the Alameda County DA’s Office are some of the finest in the country. Guided by the strong conviction that the work of a prosecutor is to do justice, the lawyers in the Office work tirelessly on behalf of victims of crime and the communities devastated by the impact of criminal activity. Our attorneys approach every case with the goal of ensuring justice and protecting the rights of both victims and defendants. Alameda County is one of the most diverse in the nation and we are proud that our attorney staff reflects the diversity of the community we serve.

From the first day on the job, Deputy District Attorneys grapple with serious legal issues, appear in court for hearings and misdemeanor jury trials and begin career-long continuing legal education and training. The prosecutors rotate through a variety of assignments that place them in all of the courthouses within the county, allowing each lawyer to become familiar with each city, community, police department and court setting. The rotation between courthouses and specialized units continues throughout each attorney’s tenure in the office and provides the opportunity for career advancement while making a meaningful contribution to the community through leadership, involvement and advocacy.

4 The Alameda County District Attorney’s Office prosecutes criminal cases on behalf of the more than 1.5 million residents of Alameda County. Our jurisdiction covers over 800 square miles and we operate 10 offices throughout the County. We currently employ 150 attorneys, 60 inspectors, 34 Victim-Witness Assistance consultants and claim specialists, as well as a variety of administrative professionals.

District Attorney Staff The staff within the DA’s Office comprises professionals from the fields of finance, information technology, office administration, paralegal support, forensic accounting, and communications.

Our staff provides high level assistance in planning, coordinating, managing and organizing the operations of the Alameda County District Attorney’s Office. Working in each of the branch offices, the administrative staff is an invaluable part of the DA team, ensuring the Office runs smoothly, efficiently and professionally.

District Attorney O’Malley and members of the administrative staff have formed numerous committees to evaluate processes and facilitate professional training, encourage health and wellness throughout the organization, and engage in cultural diversity awareness events. District Attorney’s Communications Unit DA O’Malley is committed to ensuring transparency and providing the public and the press with current, reliable and accurate information regarding the work of the Office. In the ever-evolving world of the internet and the meteoric expansion of social media as a means of communication, the Communications Unit utilizes all available means to provide information in a timely and relevant Over the course of his long manner. The Office’s website is updated daily, and includes a section highlighting jury verdicts, community involvement and consumer alerts. Electronic newsletters are published on a monthly and distinguished career in basis, and pod-casts touching on current events are available on-line. The Office maintains a the Office, Chief Assistant Facebook and a Twitter account, sends out press releases and organizes press conferences, and District Attorney Kevin produces the annual report. Staff in this unit include Teresa Drenick, Philippa Ratcliff, Rebecca Richardson and Eamon O’Connor. Dunleavy has exemplified excellence in leadership. With his open and friendly manner, District Attorney’s Video Unit Kevin is always available to Gilbert Leung and Vicki Long run the Office’s state of the art Video Unit. From our film studios in the René C. Davidson Courthouse, Gilbert brings his digital art and film making expertise to his job discuss issues ranging from producing and editing all of our video productions. His body of work includes the production of our trial strategy to complex weekly legal education show Points & Authorities with Jeff Rubin and Mary Pat Dooley, as well as Public administrative matters. Service Announcements and video for other events. Vicki Long, a 30-plus year veteran of the Office, is a national forensic video expert. Her talents are indispensable to the trial attorneys and to the successful prosecution of cases. Vicki prepares recorded material for use in all stages of criminal prosecutions, from investigation to trial. Through her technical expertise, Vicki is able to render damaged or low-quality footage viewable – a vital service for inspectors and attorneys alike.

2011-2012 Annual Report 5 Office Overview Mission Statement Victim-Witness Assistance Division The Alameda County DA’s Office is a pioneer in its efforts to The Alameda County District serve victims of crime. The Victim-Witness Assistance Division Attorney’s Office Victim-Witness was the first of its kind in the United States when it was established in 1974. The division is comprises two units: the Assistance Division is dedicated to Victim Consultant Unit and the Claims Unit. Each provides a reducing the trauma that victims variety of services to victims of crime and their families. and witnesses experience by The Victim Consultant Unit is staffed by16 professional consultants who provide comprehensive services to crime providing emotional, physical, and victims and their family financial assistance in a sensitive, members throughout all stages of criminal compassionate and humane manner proceedings. This during the aftermath of victimization. assistance includes: • Keeping victims apprised of the status and disposition of cases • Providing an orientation to the criminal justice system • Ensuring court support and accompaniment as needed throughout the prosecution process • Assisting in the preparation of victim impact statements • Arranging for referrals and follow-up services from outside agencies • Helping to file applications for compensation under the California Victims of Crime Program • Arranging for witness relocation when necessary The Claims Unit, composed of six claims specialists, is responsible for the processing of applications for compensation under the California Victim Compensation Program for victims of crime and their family members. Reimbursement can cover medical and mental health costs, loss of wages, funeral expenses and emergency relocation costs. In 2012, staff partnered with the Family Justice Center to organize seven tabling events throughout the County to Additionally, all staff members in this division provide continuous promote National Victim’s Rights Week. outreach to the community. They attend and sponsor numerous events, including street fairs, tributes, and memorial services honoring victims of crime. The Summer Law Clerk Program Our nationally renowned Summer Law Clerk Program is our main vehicle for hiring new attorneys. We interview over 300 second-year law students from some of the nation’s best educational institutions. We offer clerkships to between 8 and 12 of these candidates, and the students participate in a challenging program of instruction and hands-on experience. Under the supervision of an attorney, our law clerks conduct at least one jury trial, put on preliminary hearings, research legal issues and write and argue complex legal motions.

6 Office Overview Inspectors Division The Inspectors Division, originally created by District Attorney Earl Warren in 1925, serves as the law enforcement arm of the DA’s Office. Sixty sworn California peace officers make up the division. Each Inspector brings outstanding law enforcement and investigative skills to the position. Working with the Deputy District Attorneys, DA Inspectors assist in case preparation at all stages of prosecution. The division also serves as the lead law enforcement unit in Alameda County on cases involving Consumer, Environmental and Worker Protection, Public Assistance, Real Estate, Worker’s Compensation, Auto Insurance, Annuity and Health Care Fraud, Public Integrity and Child Abduction.

Under the leadership of the Chief of Inspectors, Brad Kearns, DA Inspectors are responsible for the safety of victims and witnesses during the prosecution of cases. Inspectors also testify in criminal matters, conduct interviews and investigations at all stages of criminal proceedings, gather and process evidence and locate witnesses. For example, in 2012 the Inspectors Division transported 616 victims and witnesses to court appearances and conducted 725 interviews of victims and witnesses.

Specialized investigative teams respond to events such as officer-involved shootings, arson investigations, and hazardous materials incidents. Inspectors investigate public integrity crimes and public assistance fraud as well as lead the Sexual Assault Felony (S.A.F.E.) task force and the Gang Violence Suppression Program.

Inspectors from the District Attorneys’ Office also provide investigative support to local agencies to address specific crime problems. Because of their expertise and experience, Inspectors are often called upon to assist with backlogs, and serial crimes, internal, and other sensitive investigations. Their efforts assist in the reduction of crime, especially during law enforcement staffing shortages or crime spikes in local jurisdictions. Additionally, Inspectors regularly work with local agencies to conduct investigations into crime sprees using their network of law enforcement contacts and unique tools to address crime problems.

DA Inspector graduates from FBI Academy

DA O’Malley and Chief Brad Kearns joined Lieutenant Craig Chew at his graduation from the FBI National Academy in Chief of Inspectors, Brad Kearns Quantico, Virginia.

2011-2012 Annual Report 7 By the Numbers

In 2011 & 2012, Trials in 2011 & 2012 the attorneys in our Office Felony defendants sent to trial 183 reviewed and prosecuted tens Misdemeanor defendants sent to trial 241 of thousands of felony and misdemeanor cases. Our felony prosecutors secured convictions Homicide Jury Trials in 2011 & 2012 in 90% of felony cases taken to 67 homicide defendants were Not Guilty trial, and in 97% of the murder/ tried before a jury in 2011 and 2012. 65 were convicted, one Hung attempted murder cases tried was found not guilty. One trial Convicted before a jury. resulted in a hung jury.

Homicide Defendants Tried Before a Jury

Defendants who pled guilty in 2011 & 2012 In 2011 & 2012: Defendants who pled guilty to a felony 7,243 Felony Suspects Defendants who pled guilty to a misdemeanor 26,652 Reviewed: 21,297 Felony Suspects Charged: Breakdown of felony crimes sent to trial in 2011 and 2012 16,986* The office has a 90% conviction rate for felony defendants taken to a jury trial in the years 2011 and 2012. Misdemeanor Suspects Reviewed: MURDER 62,744 OTHER INCLUDES: ROBBERY WEAPONS BURGLARY Misdemeanor Suspects THEFT SEX ASSAULT (CHILD) DRUGS DOMESTIC VIOLENCE Charged: DRUNK DRIVING SEX ASSAULT (ADULT) MANSLAUGHTER (VEHICULAR) MURDER ELDER ABUSE ATTEMPTED MURDER 41,634* STALKING ASSAULT ASSAULT OTHER

ATTEMPTED MURDER

*Numbers include probation violations SEX ASSAULT (ADULT)

ROBBERY SEX ASSAULT (CHILD)

8 Gun Violence The Havoc Wrought by Gun Violence In the past two years, this country has seen an alarming and deeply disturbing increase in high profile cases of gun • At about 1 PM on August 8, 2011, Lawrence Denard and violence. From the January 8, 2011, shooting in Tuscon, Willie Torrence, members of a local East Oakland gang, Arizona that claimed six lives and injured thirteen more (including US Congresswoman Gabrielle Giffords) to spotted members of rival gang on International Boulevard the horrifying murder of twenty children and six school near 65th Avenue. Firing recklessly in a broad daylight teachers in Newtown, Connecticut, on December 14, drive-by, the gang members missed their intended target. 2012, the entire nation has been forced to confront the appalling truth: gun violence is a plague that our society Their bullets instead struck a 3-year-old boy as his mother cannot afford to ignore. pushed him down the street in a stroller after leaving a nearby market. The little boy died. Denard and Torrence This sad fact is old news to many urban communities, and those in Alameda County are certainly no exception. are currently facing prosecution for the killing. In the city of Oakland alone there were over a thousand shootings reported in 2011, an average of about three • On November 28, 2011, a gunfight broke out across a shootings per day. Oakland saw 131 murders in 2012, West Oakland parking lot. Three suspects opened fire on the highest number of homicides in five years. The vast a crowd that was gathered in front of a liquor store for majority of these murders were committed with guns. a music video shoot, striking seven victims, including a More troubling still is the fact that many shooting victims one-year-old baby boy. The baby was in a coma for 11 days are children or teenagers. “Every loss of life due to gun before doctors took him off of life-support. Alameda County violence is a tragedy,” says DA O’Malley. “The horror is magnified when the victim is a child or a teen. I can charged one of the suspects; the other two are being tried promise the families of the youths taken by gun violence, in federal court. and the citizens of our community, that my Office will work tirelessly to ensure that the perpetrators of these • On April 2, 2012, One Goh, a disgruntled student who had unthinkable crimes are brought to justice.” been expelled from Oikos University, went on a shooting rampage at his former school, killing seven people and injuring three others. Goh then fled to a Safeway in Alameda, where he was apprehended by police. Goh has been deemed psychologically unfit to stand trial and has been sent to Napa State Mental Hospital. • Just before dawn on the morning of November 25, 2012, residents of Minna Avenue in East Oakland heard a barrage of gunshots. Rushing out onto the street, they found two teen-aged girls riddled with gunshot wounds, barely clinging to life. Raquel G., 15, and Bobbie S., 16, best Recovered New Year’s Eve, 2012, by Oakland Police Department. friends from childhood, died at the scene. The DA’s Office has charged Diantay Powell and Antonio Edwards in this vicious slaying. The case is ongoing.

2011-2012 Annual Report 9 Human Exploitation & Trafficking (H.E.A.T.) The effort to end human trafficking was at the forefront of our work during the past two years. The fight against the trafficking of women and children for sex remains a top priority of the Office. We are also a leader in combating the increase in labor trafficking through the efforts of our Worker Protection Unit. A leader in the campaign to end human trafficking, our H.E.A.T. Unit expanded its reach and its regional and national impact and coordinated with many other agencies and organizations to address this form of modern-day slavery. Human Trafficking and Exploitation (H.E.A.T.) Unit DA O’Malley and Health Care Director Alex Briscoe created other members of the anti-human trafficking community. H.E.A.T. H.E.A.T. Watch to combat human trafficking through community Watch has developed a database of over 3,000 anti-human outreach, law enforcement training, law & policy, effective trafficking contacts across the nation. prosecution of human traffickers, and the coordination of services for victims. Like Neighborhood Watch, the H.E.A.T. Watch program asks individuals and businesses to “open their eyes, watch, and take H.E.A.T. Watch was expanded in 2010 to establish the Bay action.” Efforts to engage the community include H.E.A.T. Watch Area H.E.A.T. Coalition (BAHC), which provides training and Radio and public service announcements, a quarterly newsletter, networking opportunities for law enforcement, non-profits, and community training, the H.E.A.T. Watch website, and social media

10 Human Exploitation & Trafficking (H.E.A.T.)

outreach through Twitter and Facebook. More recently, H.E.A.T. A highlight was the final day’s Policy Panel featuring actress and Watch has begun developing infographics and other types of data activist Jada Pinkett Smith, Polaris Project’s Mary Ellison and visualization to spread its message. entrepreneur Chris Kelly. First National H.E.A.T. Watch Conference Safety Net

The inaugural National H.E.A.T. Watch Conference, titled The Alameda County DA’s Office implemented Safety Net, a Plan 2 Act: Tools to Stop Domestic Minor Sex Trafficking was weekly case review that creates a safety and follow-up plan for held in Oakland from June 13-15, 2012. The event brought youth who are at-risk or involved in sexual exploitation and together 456 community partners, practitioners, members of trafficking. Clients are referred to the Safety Net via local law law enforcement and prosecutors from the US and overseas. enforcement, probation, social services, and prosecutors. From Participants heard from 67 experts in the field of child sex January 13th, 2011, to December 4th, 2012, 267 clients have trafficking and received a comprehensive toolkit to help combat gone through the program. human trafficking in their own communities. Under the H.E.A.T. Watch umbrella, Safety Net utilizes a multidisciplinary team approach in which members are able to share confidential information with partner agencies to create both an immediate and long-term safety plan for each referred client.

Partner agencies include: Alameda County District Attorney’s Office, Alameda County Public Defender’s Office, Alameda County Probation Department, Alameda County Social Services Agency, Alameda County Guidance Clinic, Bay Area Women Against Rape (BAWAR), CALICO, Highland Hospital, Children’s Hospital of Oakland, JPG Consultants, MISSSEY, West Coast Children’s Clinic, Bay Area Legal Aid, and the East Bay Children’s Legal Office.

Chris Kelly, Nancy O’Malley, Jada Pinkett-Smith, OPD stop Police Chief Howard Jordan & Will Smith gathered at the H.E.A.T. Watch Conference in their joint effort to end human trafficking. the epidemic

If you see something, say something!

For non-emergencies, report suspected human trafficking by calling the H.E.A.T. Watch Tip-Line at 510-208-4959 or email [email protected] Requests for anonymity will be honored.

2011-2012 Annual Report 11 Human Exploitation & Trafficking

H.E.A.T. Watch Website: www.heat-watch.org H.E.A.T. Watch Radio H.E.A.T. Watch Radio began as an effort to In conjunction with the National H.E.A.T. Watch Conference, use new media to reach out to the public with the District Attorney’s Office launched the H.E.A.T. Watch information about human trafficking and sexual website as a tool for civilian and law enforcement agencies in exploitation. H.E.A.T. Watch Radio features their efforts to prevent human trafficking. news reports about human trafficking locally, nationally, and globally, as well as interviews with people working in the trenches to help end sexual exploitation. Within the first 6 months of its launch, there have been 39 episodes of H.E.A.T. Watch Radio.

WATCH® announcing ... HUMAN EXPLOITATION H.E.A.T.STOP AND TRAFFICKING H.E.A.T. “ Every day, people in our community are bought Watch and sold for profit. Human beings are not products and can’t be exploited. Help us stop this national epidemic.” ~Nancy E. O’Malley, District Attorney RADIO H.E.A.T. Watch Radio is the first in a series of new media initiatives on behalf of the H.E.A.T. Watch team. Future projects include a quarterly newsletter, blog, videos and short films, and a human trafficking graphic novel to educate as many people as possible about what the sexual exploitation of minors is, and how they can do their part to eradicate it.

Emily Blair (far right), a Modesto High School student whose film, “Stop Traffic!” raised awareness and funds to stop human trafficking in her community.

12 High Profile Cases Every year, the Alameda County DA’s Office takes to trial hundreds of serious and violent felonies. The cases featured here are some of the most complex and highly visible jury trials of 2011 and 2012.

People v. Giselle Esteban

On October 29, 2012, a jury found Giselle Esteban guilty of first degree murder for the killing of 26-year old Hayward nursing-student Michelle Le. The much-publicized story of Le’s disappearance in May of 2011 captivated the news media’s attention for weeks, until her badly decomposed body was found in a canyon in Sunol. As investigators unearthed the facts of the case, they discovered a story even more grisly. Case Summary Victim Michelle Le

Michelle Le and defendant Giselle Esteban were high school friends from San Diego who both moved to the Bay Area for college, where they befriended Scott Marasigan. Defendant Esteban and Marasigan dated for a time and had a child together before separating.

At some point, however, Esteban became convinced that her high school friend was having an affair with Marasigan. Her jealousy consumed her. In a conversation which Mr. Marasigan secretly recorded, she said “You deserve to die for your lies, as does she.”

On May 7, 2011, defendant Esteban confronted Ms. Le in the parking lot of Kaiser Hospital Hayward. Ms. Le’s car was found the next day nearly half a mile from where it was last seen. Forensic analysis found defendant Esteban’s DNA on the steering wheel and Defendant Giselle Esteban indicator of her car, and confirmed that the bloodstains and hair found where the car had been parked the night before belonged to Ms. Le. Prosecutor: DDA Butch Ford On December 11, 2012, Giselle Esteban was sentenced to twenty- DA Inspector: Tai Nguyen five years to life in prison. Victim-Witness Consultant: Erin Osana

2011-2012 Annual Report 13 High Profile Cases

People v. Alexander Diaz

Crime Scene

On June 18, 2012, a jury convicted Alexander Diaz of the willful, deliberate and premeditated attempted murder of a peace officer, unlawful driving and taking of a vehicle, and grand theft of personal property.

Officer Brower was extracted from the scene by firefighters and sustained serious injuries. Defendant Diaz was arrested at a home in Los Angeles on October 6, 2010. On July 17, 2012, he was sentenced to 21 years to life in prison. Case Summary

On October 4, 2010, sometime after 9:00 am, defendant Diaz stole a delivery van with over $33,000 in electronics inside. A short time later, Officer Patrick Brower, a Fremont Police motorcycle officer with over 10 years experience, advised dispatch he had located the stolen van. Defendant Diaz noticed Officer Brower and Defendant Alexander Diaz floored the accelerator, aiming the stolen van straight at the officer. Defendant Diaz slammed the van into Officer Brower and continued to accelerate and increase speed almost 70 feet across three lanes of northbound traffic and up a curb, before the officer and his motorcycle were pinned against a light pole. Defendant Diaz immediately fled on foot.

Prosecutor: DDA Brian Owens DA Inspector: Lynn Breshears Victim-Witness Consultant: Jenifer Mello

14 High Profile Cases

Occupy Oakland Cases

In the fall of 2011, the Occupy Wall Street movement spread from its primary encampment in lower Manhattan to cities and towns all across America. Alameda County cities such as Albany, Berkeley, and Oakland were host to some of the most active and prominent Occupy chapters in the nation.

It was not long, however, before protests affiliated with Occupy Oakland took a dramatic turn away from the initial spirit of the movement. Protests degenerated into destructive, chaotic riots. In an op-ed for the San Francisco Chronicle, Nancy O’Malley responded to the riots: “To protect public safety, my office will use all of the resources Chaos in the streets of provided under the law. We will not give free Oakland rein to those intent on using violence against the October 30, 2011 community and our police officers.” Photo by LB cc-by-2.0. People v. Cesar Aguirre

On August 13, 2012, a jury found defendant Cesar Aguirre Broken glass guilty of felony vandalism. On November 3, 2011, of Chase Bank, defendant Aguirre was in Frank Ogawa Plaza at the Occupy Oakland Oakland General Strike Protest. He was dressed in all black clothing, wearing goggles and a dust mask. He swung a red metal folding chair at the glass windows of the Oakland People v. Cameron Mathew Rose Police Department Recruiting Office and the Oakland Police Department Internal Affairs Office. He then used his body On April 26, 2012, a jury found defendant Cameron Mathew Rose weight to push up against the wooden boards that had been guilty of a felony violation of using force or violence to deter an placed behind the glass to prevent entry into the office. An officer in his duties and a misdemeanor violation of assault on a OPD Officer witnessed this from a nearby parking structure police officer. On December 30, 2011, defendant Rose struck and kept his eyes on the defendant until he was arrested an Oakland Police officer in the back with a metal folding chair. by a second officer. Defendant Aguirre had glass shards on The assault took place at Frank Ogawa Plaza, adjacent to an his sleeves when he was arrested. The defendant broke Occupy Oakland Teepee Vigil. At the time of the assault, Oakland a total of six windows and one door. The total amount of Police officers were attempting to write citations for Municipal damage was $6,654.63. Defendant Aguirre was remanded Code violations. Defendant Rose assaulted the officer when he to custody after his conviction. Aguirre was sentenced to five was trying to prevent a protester from grabbing another officer. years formal probation, 180 days in County Jail, and ordered Defendant Rose is scheduled to be sentenced on May 24, 2012. to pay full restitution. Defendant Rose was placed on five years formal probation.

Prosecutor: DDA Carrie Skolnick Prosecutor: DDA Tim Wagstaffe DA Inspector: Tony Banks DA Inspector: Mike Beal

2011-2012 Annual Report 15 High Profile Cases

People v Andrew Barrientos On November 16, 2011, defendant Andrew Barrientos was convicted Case Summary of the attempted murder of Fremont Police Officer Todd Young as well as assault with a firearm on a police officer, carjacking, On August 27, 2010, Fremont Police Officer Todd Young was attempted carjacking, shooting into occupied vehicles, assault with working as a gang investigator with the Southern Alameda County a firearm, making criminal threats and unlawful gun possession. Major Crimes Task Force. Defendant Barrientos, a gang member, was wanted for outstanding arrest warrants. Officer Young located Barrientos was sentenced to life imprisonment with the possibility the defendant in Oakland. During an attempt to arrest him, the of parole. He will have to serve at least 62 actual years in prison defendant pulled out a firearm and fired ten times at Officer before he can be considered eligible for parole. Young. Officer Young was struck by a bullet in the pelvis and sustained life-threatening injuries. The case was prosecuted by Assistant District Attorney John Brouhard, head of the DA’s Office Gang Unit. Brouhard said, After defendant Barrientos shot Officer Young, he shot at two “We owe a debt of gratitude to those police officers who put motorists and carjacked a vehicle. The Alameda County District themselves in harm’s way, attempting to protect our community Attorney’s Office Gang Unit and the Oakland Police Department from gang violence.” tracked the defendant to San Diego. As the defendant ran to the border in an effort to cross into Mexico, San Diego Police District Attorney Nancy Sergeant Jason Weeden arrested him at gunpoint. At the time of E. O’Malley added, “Law the arrest, the defendant had a loaded firearm in his waistband. enforcement officers from the Fremont, Oakland and San Officer Young survived his life-threatening injuries and defendant Diego police departments, as Barrientos is serving a life sentence. well as the DA’s Office Gang Unit worked tirelessly to apprehend this defendant and to investigate this case.”

Defendant Andrew Barrientos

Officer Todd Young

Prosecutor: ADA John Brouhard DA Inspector: Craig Chew Victim-Witness Consultant: Maria Suniga

Crime Scene 16 High Profile Cases

People v. Yusuf Bey IV & Antoine Mackey

On June 9, 2011, defendants Yusuf Bey IV and Antoine Mackey were convicted of the brutal slaying of Odell Roberson, Michael Wills, and prominent Oakland journalist Chauncey Bailey. This case involved the first murder of a journalist in the United States since 1976. Yusuf Bey IV was sentenced to three life terms in prison without the possibility of parole, and Antoine Mackey was sentenced to two life sentences without the possibility of parole.

“These verdicts also stand for our abiding conviction that violence against the free voice of the press will not be tolerated in our society. I would especially like to recognize Slain Journalist Chauncey Bailey and acknowledge the Chauncey Bailey Project who worked diligently and tirelessly to ensure that the defendants responsible To protect his own misdeeds from public exposure, Yusuf Bey for these senseless murders were brought to justice.” IV silenced Chauncey Bailey forever. But Bey neglected to – District Attorney Nancy O’Malley consider that by eliminating one journalist he exposed himself to the fierce scrutiny of dozens more. Within days of Chauncey Case Summary Bailey’s murder, New America Media and the Robert C. Maynard Institute for Journalism Education brought together Defendant Yusuf Bey IV, 25, is the son of Yusuf Bey Sr., founder a group of local reporters, editors, and journalism students to of the now-defunct Your Black Muslim Bakery in Oakland. finish the work that Chauncey Bailey had begun. Dubbed “The Once a thriving business, the establishment was also a religious Chauncey Bailey Project,” these committed journalists probed organization with a distinctly militaristic structure. into the circumstances surrounding Bailey’s murder, providing comprehensive reporting and multi-media coverage on the Bey IV assumed control of the bakery after his older brother history of the Your Black Muslim Bakery organization as well as Antar was killed in a 2005 carjacking. In retaliation for his brother’s breaking stories on case developments. murder, Bey IV ordered bakery followers Devaughndre Broussard and Antoine Mackey to kill Odell Roberson, uncle of Antar’s “We cannot stand for a reporter to be murdered while killer. Mackey and Bey then murdered Michael Wills, a white man working on behalf of the public. Chauncey’s death is a threat to walking on San Pablo Avenue in Oakland. Bey later stated to a democracy,” said Dori J. Maynard, president and CEO of the group at the Bakery that the defendants were “giving [the white Maynard Institute. “We will not be bullied.” victims] a taste of their own medicine.” Thomas Peele, a central member of The Chauncey Bailey Project, Bey discovered Chauncey Bailey, a career reporter and then- used his coverage of Your Black Muslim Bakery as the basis for editor of the Oakland Post newspaper, was writing an exposé of a book on the organization. Killing the Messenger (published in the bakery. Afraid that Bailey’s article would spell the end of the February, 2012) traces the history of the Black Muslim movement already-faltering bakery, Bey resolved to kill the journalist. On the from its roots in the early 20th century to the eventual murder of early morning of August 2, 2007, Mackey and Broussard shot and Chauncey Bailey in Oakland. killed Chauncey Bailey as he walked to work along 14th Street in downtown Oakland.

Both defendants are serving life without the possibility of parole in state prison.

Prosecutor: DDA Melissa Krum DA Inspector: Mike Foster Victim-Witness Consultant: Tasia Wiggins Attorney Melissa Krum addressing the jury

2011-2012 Annual Report 17 High Profile Cases

People v Asmerom and Tewodros Gebreselassie

On May 31, 2011, brothers Asmerom and Case Summary Tewodros Gebreselassie were convicted of three counts of murder with special circumstances, The victims and the defendants are related through premeditated attempted murder, kidnapping and the marriage of the murder victim, Winta Mehari, false imprisonment. The charges stemmed from and the defendants’ brother, Abraham Tewolde. a horrific triple slaying in Oakland on Thanksgiving In early 2006, Abraham died suddenly of natural Defendant day of 2006. causes while at home with Winta and their Asmerom 2-year-old son, Isaac. Defendants Asmerom and Gebreselassie Both defendants will serve multiple life sentences Tewodros Gebreselassie believed that Winta and in prison, without the possibility of parole. her family had murdered Abraham, despite the lack of evidence to support their belief. This formed the Both the Mehari and Gebreselassie families motive for their plans to kill the Mehari family in are from Eritrea, and many witnesses required revenge for Abraham’s death. Amharic translators in a case that split the local Eritrean community. Deputy District Attorney Joni On November 23, 2006, defendant Tewodros Leventis prosecuted this particularly complex case. Gebreselassie went to the victims’ home in She said, following the verdict, “I am extremely Oakland where the family was celebrating pleased with the jury’s verdict. I only hope that Thanksgiving and was welcomed inside. Shortly seeing the defendants held responsible for these after arriving, defendant Tewodros Gebreselassie horrific crimes will help the Mehari family begin to opened the door for defendant Asmerom find some closure.” Gebreselassie, allowing him to enter the home.

Prosecutor: DDA Joni Leventis Defendant Tewodros Gebreselassie grabbed Defendant DA Inspectors: Mike Foster, Tewodros 2-year-old Isaac and quickly fled the apartment, Mike Beal and then defendant Asmerom Gebreselassie Gebreselassie Victim-Witness Consultant: Tasia Wiggins opened fire on the family. He shot and killed 28-year old Winta Mehari, 17-year- old Yonas Mehari, and his 50-year-old mother Regbe Bahrenegasi. To escape the carnage, Winta’s brother, Angesom Mehari, jumped through the living room window, landing three stories below.

The defendants were convicted of multiple murders and are serving life sentences without the possibility of parole in state prison.

The Mehari Family in happier times 18 High Profile Cases

People v Asmerom and Tewodros Gebreselassie People v Ernest Scherer III

On March 28, 2011, a jury convicted defendant Ernest Scherer III Case Summary of two counts of first degree murder for the killing of his parents, Ernest Scherer Jr. and Charlene Abendroth. The jury also found Ernest Scherer III was the only son born to Charlene Abendroth to be true the special circumstances of murder for financial gain and Ernest Scherer Jr. He was an Eagle Scout and a graduate of and murder of multiple victims. Scherer III was sentenced on May Brigham Young University who married his college sweetheart. 20, 2011, to two life sentences without the possibility of parole. In the summer of 2007, his parents loaned him over $600,000 Prosecutor Michael Nieto called over 100 witnesses to testify in to purchase a home in Brea, CA. Soon defendant Scherer, a this complex trial that lasted over six months. At the conclusion “professional” poker player, found himself in a desperate financial of the trial, DDA Nieto said he “hoped that the verdicts situation: he had become a compulsive gambler, was heavily in would provide some comfort to the families of the victims” debt and no longer able to maintain his lavish lifestyle or meet his and he expressed “relief that this narcissistic sociopath was not financial obligations. able to bluff, gamble, or sweet-talk his way out of facing the Beginning in December of 2007, his parents requested consequences for his heinous parricidal conduct.” repayment of the money they had loaned him, and even This case captured the attention of the local and national attempted to help him obtain refinancing of his mortgage. By media, and was featured in episodes of NBC’s Dateline and March of 2008, he was unable to repay his parents and he CBS’ 48 Hours. became desperate to find a solution to his mounting financial woes. Hoping to inherit over a million dollars from his parents’ estate, the defendant planned and executed their murders.

On the evening of March 7, 2008, defendant Scherer drove from Las Vegas to his parents’ home at Castlewood Country Club, Pleasanton. Once inside, he brutally beat and stabbed his parents, Ernest Scherer Jr. and Charlene Abendroth, to death. Although there were no signs of forced entry into the home, defendant Scherer staged the home to make it appear as if there had been a burglary. The couple was found a week later, still clad in their pajamas.

A jury convicted Ernest Ernest Scherer Jr. and Charlene Abendroth. Scherer III and he is currently serving life sentences without the possibility of parole in state prison.

Defendant Ernest Scherer III

Prosecutor: ADA Mike Nieto The couple was found slain in their Pleasanton home. DA Inspector: Phil Dito Victim-Witness Consultant: Stephanie Lynch

2011-2012 Annual Report 19 Specialized Teams & Units

The four main prosecutorial divisions of the Office are: Criminal Prosecution, Juvenile Justice, Consumer, Environmental and Worker Protection, and Victim- Witness Assistance. Within the Criminal Prosecution division there exist numerous specialized units developed to focus on specific areas of prosecution and management. Experienced and highly skilled prosecutors working in each of these units are leaders and experts in their individual fields.

There are more than 20 specialized units in the Office, and each plays a vital role in serving the public interest. In this publication, we will highlight the following units: Law & Motion, DNA/Cold Case, Elder/ Dependant Adult Protection, Gang, Parole Hearing and Mental Health.

DNA/Cold Case Unit The Alameda County District Attorney’s Office is leading the way in the use of forensic sciences, particularly DNA, to investigate and prosecute serious and violent crimes as well as to eliminate individuals as suspects or defendants. Deputy District Attorney, Annie Saadi, member of the DNA Cold Case Unit

In the forensic science and criminal justice environment, an old, Outcome Project), a case management system for all DNA hits and unsolved case is considered “cold”; when a DNA match occurs, it cold cases in California. From CHOP, the unit created a complete is called a “hit.” The DNA/Cold Case Unit was formed specifically and updated master list of all the hits in Alameda County on to address the unique challenges in solving and prosecuting sexual assault and homicide cases from which more than 20 law cold homicide and sexual assault cases using DNA as a unique enforcement agencies can prioritize their caseload. forensic tool. Because these cases were previously unsolved, they Recognizing that every victim deserves justice, the unit sought to often require innovative investigative techniques, extensive legal eliminate the current backlog of untested rape kits and to prevent a knowledge, superior trial skills, and comprehensive knowledge in future backlog. To that end, the unit partnered with labs from OPD sophisticated forensic evidence. For example, the unit is currently and Alameda County Sheriff’s and every law enforcement agency prosecuting one of the oldest cold cases in Alameda County history, in the county to systematically audit all property/evidence rooms in which a 13 year-old Oakland girl was murdered in 1974. for untested rape kits with the goal of testing all kits and uploading The unit regularly advises detectives throughout the county on the results into the Combined DNA Index System (CODIS). At unsolved homicides, following up on every line of inquiry with the same time, significant efforts are being made to secure funding the goal of converting information into evidence and suggesting for this project through public and private entities. One of the most how state-of-the art forensic testing techniques may be used to exciting partnerships is with Natasha’s Justice Project, a prominent solve these cases. Furthermore, the DNA Team leads roundtable non-profit organization from New York that is dedicated to discussions and training sessions for local law enforcement to eliminating the backlog of rape kits in the country. This partnership increase the solvability of these cases. promises to be a model in the effort to eliminate rape kit backlogs for law enforcement agencies and District Attorney’s Offices In June 2011, the unit began updating and systematically reviewing throughout the state and nationwide. every cold hit that was uploaded into CHOP (CODIS Hit

20 Specialized Teams & Units

pay the victims to drive him to a church so that he could make a Elder/Dependent Adult Protection Unit donation, which he claimed was a prerequisite for him to receive a The Elder/Dependent Adult Protection Unit prosecutes those who sizable inheritance. Working with a partner, the defendant appealed neglect, abandon, or abuse elderly or dependent adults in our to a combination of moral pressure and the promise of immediate community. The attorneys, inspectors and victim-witness advocates financial gain to convince victims to make large cash withdrawals that staff the unit assist crime victims aged 65 and over and all for donation to the defendant’s alleged church. Victims were led dependent adults aged 18-64. Cases in this Unit are prosecuted to believe that this “good faith money” constituted an agreement vertically, meaning that one attorney handles each case from the by which they would receive much larger sums in exchange. The start all the way through resolution. This helps establish continuity defendant and his accomplice would wrap the money in a red and trust between the victim and the prosecutor. bandanna and ask the victims to join them in praying over it, at which point they would swap the money for a bundle of rubber The innovative work of this unit reaches far beyond the bands and shredded newspaper. courthouse to protect, educate and assist seniors in our community. The unit regularly collaborates with Alameda County On March 12, 2011, 70-year-old Everleanor Smith was walking Adult Protective Services and the Oakland Police Department into a Pak-n-Save grocery store when the defendant contacted to enhance communication between all three parties to ensure her. Employing his usual MO, he said he needed to get to a church more effective and efficient services to elders and dependent to give a large donation and showed Ms. Smith what appeared to adults. The unit also goes to senior centers, independent living be a large sum of US currency. She replied that he did not need communities and assisted living communities to educate the to pay her and that she would drive him there. During the drive elders and dependent adults on identity theft and annuity fraud. he showed Ms. Smith a letter explaining his inheritance and the The Office and DA O’Malley have produced a video for elders required donation. Believing that the defendant was confused and to prepare them to attend court as well as a video to warn them in need of help, she flagged down two Oakland Police Department about annuity fraud. officers on the street. When she parked, the defendant quickly got out of her vehicle and tried to sneak away before the officers told Crimes against elders take many forms and can include physical, him to stay put. He tried to give the officers the same story he emotional, sexual, and financial abuse. Some criminals specifically told his victims, speaking in the same simulated African accent, and target elder victims for complicated financial scams. These showing them the same letter. The officers quickly recognized the suspects operate on the assumption that elders, more likely than scam, but the defendant kept up his phony African accent until the other segments of the population, have built up considerable officers discovered bundles of fake money and found his California financial savings. state ID displaying his true name: Carl Talton. Talton is 72 years old.

The following narrative highlights a successful prosecution of a financial Prosecutor: DDA Sabrina Farrell abuse crime on an elder, in which the defendant was sentenced to DA Inspectors: Jeff Wood, Jeff McCort one year in county jail and ordered to pay full restitution. Victim-Witness Consultant: Dena Aindow People v. Carl Talton

The defendant was running an elaborate version of the classic “pigeon drop” scam on elderly victims in the Oakland area. He would approach his victims on the street or in parking lots speaking with a plausible-sounding African accent. He would then offer to

Elder Abuse Protection Court Project In 2002, we took a leading role in the creation of the Elder Abuse Protection Court Project, a court calendar dedicated to elder and dependent elder abuse cases. The separate weekly calendar offers elders a shorter wait time in the courtroom and provides greater privacy for public hearings dealing with very personal matters. Hearings start later in the morning to give seniors more time to travel to court. 2011-2012 Annual Report 21 Specialized Teams & Units

Gang Unit People v. Padilla & Contreras The Gang Unit investigates and prosecutes crimes of violence On July 21, 2011, a jury convicted two committed by members of criminal street gangs in Alameda notorious gang leaders, Ronnie Padilla and County. Crimes are prosecuted vertically, with one attorney handling the case from charging through to Ismael Contreras, of attempted murder, resolution. This consistent handling of cases assault with a deadly weapon and multiple allows the Gang Unit to work closely with gang enhancements. On October 3, 2006, victims and witnesses, and to address the special challenges facing these individuals in defendants Padilla and Contreras, while gang related crimes. The unit often provides incarcerated at Santa Rita Jail in a pod protection and relocation assistance for designated for gang members, attacked victims and witnesses. another inmate, Francisco Zamora, with Staffed by three deputy district attorneys, razor blades, cutting his throat and slicing two Inspectors and the DA Strike Team, the Gang Unit works closely with law his back and forehead. Zamora nearly enforcement agencies throughout the bled to death before sheriff’s deputies County to combat gang violence. The unit and paramedics intervened to save him. provides training for law enforcement and Zamora, also a reputed gang leader, was prosecutors regarding gang crimes, and is active with the California District Attorney’s attempting to “drop out” of the gang at Association. The Gang Unit also partners the time of the assault. Padilla, Contreras with federal law enforcement officials to and other inmates orchestrated the attack provide training for joint state and federal gang crime investigations. to protect the reputation and status of the gang and send a message to others in the Additionally, prosecutors assigned to this unit are active in assisting in community intervention gang that a drop out will not be accepted strategies to prevent gang violence. One in the pod or within the gang. such strategy is Operation Ceasefire, a call-in program for identified gang members. A team of prosecutors led by DDA John Creighton, law enforcement and social services The jury also convicted Padilla on nine representatives help participants avoid future criminal activity additional counts not involving Contreras. through education and by connecting them with resources such as These convictions included multiple counts job training and assistance for substance abuse. of assault with a firearm, shooting into an occupied vehicle, personal use of a firearm, Law & Motion Unit terrorist threats, kidnapping for ransom Law and Motion provides legal assistance to attorneys in our and five separate gang enhancements office as well as outside agencies regarding complex issues of law. involving crimes he committed in 2005. In addition to dealing with search and seizure motions, motions to dismiss felony cases, extraditions and appeals, the Law and Padilla was sentenced to 82 years to life in Motion Unit also reviews all felony charging. The unit serves as a prison. Contreras received a sentence of 18 resource for attorneys, private citizens, and other agencies that years to life. have questions about the law’s finer points. Each year the Law and Motion Unit fulfills approximately 3,750 requests for legal Prosecutor: DDA Steve Dal Porto information, research, and analysis within the Office. Law and DA Inspector: Lou Cruz Motion also responds to an estimated 1,250 annual requests from the general public for information.

22 Specialized Teams & Units

Mental Health Unit The Mental Health Unit ensures that people identified as sexual predators under the law and who pose a danger to the Parole Hearing Unit community by virtue of a diagnosed mental illness, receive The Parole Hearing Unit, led by DDA Jill Klinge, the treatment they need in a secure setting. The unit manages and obtains civil commitments to mental health facilities for the handles parole suitability conferences for inmates following types of individuals who present a substantial risk of serving life sentences. When a person is convicted of a harm to the community or themselves: crime and is sentenced to a possible life term, he/she

• Sexually Violent Predators, legally defined as those who becomes eligible for release on parole after serving have been convicted of at least one sex offense which a portion of his/her sentence. These hearings are was committed due to a mental disorder and who conducted at the prison where the person is housed. present a substantial risk of re-offending by engaging in sexually violent predatory criminal behavior as a result The Alameda County District Attorney has an of that mental disorder experienced prosecutor review each case and appear • Murphy Conservatorships for persons charged with before the Parole Board at the parole hearings. This serious felony offenses, who have been deemed prosecutor makes a recommendation to the board incompetent to stand trial and present an immediate to deny or approve the Petition to Grant Parole to risk of harm to others the inmate. Additionally, the prosecutor works with • Mentally Disordered Offenders who are identified the victim or victim’s next of kin to prepare them to as needing ongoing mental health treatment after participate in the hearing, should they wish to do so. completing their state prison sentence Alameda County currently has 1,084 inmates in the • Persons Not Guilty by Reason of Insanity who are placed in a state mental hospital for treatment after they have prison system serving life terms that are currently been found not guilty by reason of insanity eligible for parole or will be in the future. In 2011-2012, the Parole Hearing Unit dealt with 228 • Developmentally Delayed Persons, who are Regional Center clients referred to us to obtain an order for notices of hearing. their commitment if they are a danger to themselves or others due to mental retardation

DDA Jill Klinge is seen here speaking with victims of the infamous 1976 Chowchilla kidnapping case after a parole hearing for one of the three defendants. Ms. Klinge is a state-wide expert in the laws and procedures governing parole and parole hearings. She handles Alameda County’s cases, advises other counties throughout the state, and lectures on the topic to professional groups.

2011-2012 Annual Report 23 Consumer, Environmental & Worker Protection

Our Consumer, Environmental and Worker Protection Fraudulent Health Care Providers Division (CEWPD) has the authority to investigate wrongdoing and bring criminal actions and civil suits in The Office is committed to prosecuting those in the health the public interest. care profession who commit fraudulent and illegal acts. Common examples include embezzlement, billing for Dietary Supplements unnecessary services or services not performed, illegal medical clinics, and illegally prescribing drugs, especially Protecting consumers from fraudulent and misleading to young people. claims by dietary supplement producers is of vital importance, as the Federal Government does not regulate People v Mario Alfredo Pacheco the dietary supplement market. In 2011, the Alameda On October 21, 2011, a jury convicted defendant Mario Alfredo County District Attorney’s Office settled multiple cases Pacheco of two felony counts of unlicensed dentistry, creating risk of harm, and two misdemeanor counts of the unlicensed involving fraudulent and misleading claims by dietary practice of medicine and dentistry. The case involved two supplement producers, including the largest such case in victims. Charging $10,000, Pacheco ground his first victim’s California history. teeth down to little nubs, performed unwanted tooth extractions and root canals, and never replaced her temporary DDA Scott Patton, a leader in the field, stated, “Unlike crowns with permanent ones. The second victim went to Pacheco and asked him to only replace her silver fillings in two prescription medication, dietary supplements do not need teeth with white fillings. Pacheco charged the victim $1,500, and to be pre-approved by the FDA before they can be sold to performed two root canal surgeries against her will, extracted consumers. Therefore, a dietary supplement can be sold in a healthy tooth, and never gave her permanent fillings. He also the United States without prior government approval or used diluted bleach in both victims’ mouths, and caused severe pain and infection. Defendant Pacheco was sentenced to three proof that it is either safe or effective for its intended use.” years and eight months in local prison, the maximum allowed by law. The case was prosecuted by DDA Bob Hartman and Largest Dietary Supplement Settlement in California History investigated by DA Inspector Tom Simonetti. In February 2011, supplement distributor Irwin Naturals, Inc., agreed to pay a total of $2.65 million in costs, civil penalties and DA O’Malley Announces $1.125 Million Settlement in Healthcare restitution in the settlement of a lawsuit brought by nine California Marketing Fraud Lawsuit District Attorney’s Offices. This is the largest multi-jurisdictional When Danville chiropractor Benjamin Altadonna began dietary supplement settlement in California history. promoting the spinal traction device DRX-9000 as a patented, The District Attorneys’ lawsuit accused Irwin of making false and FDA-approved, NASA-developed medical breakthrough in the misleading representations in connection with the marketing and treatment of lower-back pain, it sounded too good to be true. sale of certain products. Testing showed the products did not That’s because it wasn’t true. Alameda County teamed up with contain any Hoodia gordonii (a plant with appetite suppressing 11 other California counties to sue Altadonna for his predatory properties) as stated on the label, effectively misbranding the marketing practices. The Honorable Judge Steven Brick ordered products. Also, Irwin was marketing and selling certain dietary Altadonna to pay over $1 million in civil penalties, costs, and supplements containing lead without warning labels. restitutions, and enjoined the chiropractor from practicing or assisting in the practice of any future misleading marketing. 24 CEWPD Combating Prescription Drug Abuse from All Angles: wages, overtime, sick leave, pension, health care, training, Mothers With A Purpose vacation, and other statutory benefits as required by labor laws. NBC falsely issued certified payroll reports resulting in payroll DA O’Malley is proud to collaborate with the non-profit losses to individual workers. organization ‘Mothers With A Purpose’ to help prevent our youth from falling victim to prescription drug abuse and DA O’Malley stated, “My Office is dedicated to ensuring the addiction. A group of Alameda County mothers deeply rights of individual workers in our community. In this case, many concerned about the increasing rates of drug addiction among of the workers are non-English speaking and were fearful of teens formed the grass-roots organization to raise awareness coming forward. They found themselves part of a captive labor and combat this issue and its tragic consequences. force working in the underground economy, and victimized by the predatory practices of dishonest employers.” The case was Prosecution of Unscrupulous Health Care Professionals prosecuted by Lance Kubo, Blair Thomas and Bill Denny. The Inspectors were Harry Hu and Hansen Pang. DA O’Malley is committed to working with professional boards and the California Attorney General’s Office to combat the growing incidents of prescription drug abuse, accidental Insurance Scams poisonings and overdoses. When legally appropriate, the DA’s Office will prosecute health care professionals who violate the law Attorneys in this division prosecute cases involving fraud by over-prescribing or illegally prescribing prescription drugs. of various types, including Workers’ Compensation, Life National Drug Take Back Day Insurance and Annuity, Public Assistance, and Automobile Rates of prescription drug abuse and addiction in Alameda Insurance fraud. In collaboration with the California County are alarmingly high, as are the numbers of accidental Department of Insurance, our Automobile Insurance poisonings and overdoses due to these drugs. That is why the Alameda County District Attorney’s Office and the DEA teamed Fraud team investigates and prosecutes all forms of auto up to host several drug take-back events. The public was invited insurance fraud. to help prevent drug abuse and theft by bringing any expired, unused, or unwanted prescription or over-the-counter drugs Phantom Menace Insurance Scam to the Family Justice Center, where they could be safely and On May 13, 2011, Los Angeles-based attorney Susana Ragos properly disposed of. Chung was convicted of two felonies stemming from her participation in a large criminal conspiracy known to law Worker Protection enforcement as “Phantom Menace.” Between 2003 and 2007, defendant Chung submitted Our Worker Protection team investigates and prosecutes insurance claims for people who staged car accidents for profit. violations of workers’ rights within our jurisdiction. The Nearly 100 people have been convicted in Alameda County over the last several years as part of this conspiracy, including Alameda County DA’s Office is proud to stand up for the more than 90 “accident” participants and three chiropractors. rights of workers in Alameda County. As part of her sentence, Chung must pay $117,561.93 in restitution to insurance companies along with a restitution fund People v Monica Mui Ung, NBC Construction fine of $235,123.86. Her restitution order also requires her to In April 2011, defendant Monica Mui Ung pled guilty to felony pay back insurance companies for15 separate fraudulent claims. violations involving prevailing wage fraud, workers compensation premium fraud, and admitted a white-collar crime enhancement. DA O’Malley stated, “This type of crime is highly sophisticated She was sentenced to four years state prison (execution and widespread. Successful prosecution depends upon the suspended), and placed on ten years felony probation. The court collaboration of many different agencies. The extensive and ordered that she pay restitution for the underpaid wages to the meticulous investigation of this case involved a successful individual workers, and to the State Compensation Insurance Fund. partnership between the District Attorney’s Office, the California Department of Insurance and the Highway Patrol, without which Defendant Ung owned and operated NBC Construction since this resolution would not be possible.” The case was prosecuted 1995. NBC exploited its employees by failing to pay prevailing by DDA Erin Loback. The Inspector was J.P. Williams.

2011-2012 Annual Report 25 CEWPD

Mortgage Scams In addition to prosecuting real estate related crime, our Office is proactive in alerting the community of scams we see and issuing consumer alerts to inform residents and businesses of dishonest and deceitful activities. There were more than 380 complaints made by consumers in 2011-2012. People v. Alan David Tikal, of Las Vegas-Based ‘KATN Trust’ People v Angeline Lisa Lizarrago

On October 31, 2011, Alan On November 23, 2011, Angeline Lisa David Tikal was found guilty Lizarrago, of the Avemos Financial of one felony charge of filing Group in Fremont, was convicted false documents, and one of 23 felony counts stemming from felony charge of accepting a foreclosure fraud scam against advance fees for a loan financially distressed homeowners modification. The defendant from throughout Northern accepted advance fees for a California. The charges were filed loan modification in violation jointly by the Alameda County of the California Mortgage District Attorney and the California Securities Act, filed false Attorney General’s offices. She was documents with the Alameda sentenced to five years in prison Defendant Angeline Lisa Defendant Alan David Tikal County Recorder’s Office and ordered to pay $37,663.86 in Lizarrago and committed grand theft by charging homeowners for a restitution to victims of her scam. foreclosure rescue scam that did not work. Tikal was sentenced to 16 months in state prison, and ordered to pay restitution to From June 2008 through October 2009 Lizarrago and her the 11 homeowners in Alameda County victimized by this scam. co-defendant Michael Douglas Young targeted Spanish-speaking homeowners as well as Southeast Asian immigrants. Clients paid DA Nancy E. O’Malley said, “While Mr. Tikal has defrauded $1,500 and more for merely entering her business and filing out hundreds of homeowners throughout California, thanks to information forms. Most of Avemos’s clients lost their homes in the quick action by the H.E.L.P. unit, we were able to limit Mr. the foreclosure process. The prosecutor was Sr. DDA Bill Denny. Tikal’s impact on homeowners in Alameda County to only a The Inspector was Pat Johnson. handful of residents.” The prosecutor was DDA David Lim. The Inspector was Pat Johnson.

When appropriate, the DA’s Office uses various forms of social media to inform the public of predatory scams.

26 H.E.L.P.

Responding to the Mortgage Crisis In 2011, the Alameda County District Attorney’s Office launched the Homeowner Education and Loan Protection (H.E.L.P.) Program to assist the community in responding to real estate fraud.

“Crimes involving real estate strike at the very heart of the American Dream: home ownership,” stated a H.E.L.P. team prosecutor. “Con artists in the field of real estate fraud design elaborate schemes to steal not only money and property, but the basic dignity associated with home ownership.” H.E.L.P. Program

H.E.L.P. is a model program and blueprint to address In 2012, we consolidated our efforts in the crimes involving real estate on a multi-disciplinary, multi- system collaborative basis. It brings together the DA’s H.E.L.P. Program with the addition of a Office, law enforcement, financial institutions and the new team member in the Real Estate Fraud community to help combat fraud in our region.

Unit. Our DDAs stepped up the community The primary goals of H.E.L.P. are: outreach portion of the program, speaking • protection of a victim’s home at numerous meetings of homeowners, real • prevention of large-scale scams • accountability for individual criminals estate agents, representatives of financial H.E.L.P. provides law enforcement and community institutions, as well as the wider community. partners with effective and proven strategies to augment Senior DDA Bill Denny also presented on real local, regional, and national capacity to identify, intervene, investigate, and prosecute real estate fraud cases while estate fraud to over 400 escrow agents at supporting and educating homeowners against fraud. their state conference.

2011-2012 Annual Report 27 Environmental Protection

ENVIRONMENTAL PROTECTION The Alameda County District Attorney’s Office is committed to preserving the beauty and integrity of our environment. Our Environmental Protection Unit investigates illegal dumping, toxic spills and other issues that negatively impact our sensitive ecosystems. We believe a healthy environment is essential to our own health and wellbeing, and that of future generations. Under the leadership of ADA Ken Mifsud, we pursue those who pollute our environs to the fullest extent of the law, and also seek restoration of damaged areas.

Alameda County Takes Chain Pharmacies to Task for • In December 2012, Alameda County joined forty-two other Improperly Dumping Hazardous Waste: three cases from 2012 prosecutors’ offices in securing a $16-million-dollar settlement from Walgreen’s Co. for failure to properly dispose of • In April 2012 Alameda County was one of 44 California hazardous materials. counties to bring a suit against CVS Pharmacy, Inc. for violating state laws regulating safe storage, handling, All three of these cases were prosecuted by Ken Mifsud. The and disposal of bio-hazardous waste. After the state investigators were Hansen Pang and Mike Oppido. of Connecticut discovered violations at CVS locations DA O’Malley Anounces Settlements with Daiso in 2010, Alameda County agencies led the way in a California investigation that found CVS to be in violation of In January 2012 Alameda and Santa Clara Counties reached a regulations governing the safe handling and proper disposal $350,000 settlement in their lawsuit against Daiso that alleged of hazardous waste and pharmaceutical products. Over a that some of the products sold in the Japanese discount store’s period of seven years, CVS had been improperly disposing Bay Area locations may have violated certain sections of the of sharps waste (contaminated needles), pharmaceutical California Health and Safety Code. The products in question waste, waste from photo-developing chemicals, and waste were toys, which despite being marketed to children, might generated from spills of other hazardous products that the have contained unsafe levels of lead and phthalates (compounds store carries. A Ventura County court ordered CVS to pay a used to increase the flexibility of plastics). The money from the $13.5 million settlement, and enjoined the pharmacy chain settlement will be used to support local enforcement of California from any future alleged violations. consumer protection laws and the state Safe Water and Toxic Enforcement Fund. The case was handled by DDA Scott Patton. • In August 2012, Alameda County joined 35 other prosecutors’ offices in a separate suit against Walgreen’s for similar infractions. The lawsuit alleges that more than 600 Walgreen’s stores throughout the state dumped nasty materials including pesticides, bleach, aerosols, pharmaceutical and biohazardous waste, and other toxic, corrosive products. All 32 Alameda County Walgreen’s locations were involved in these illegal cost-cutting measures.

“ California hazardous waste law requires companies carefully store, handle, and dispose of hazardous wastes and materials,” said DA O’Malley. “My Office, along with my fellow DA and City Attorney Offices, is committed to ensuring that all businesses comply with these laws.”

28 Environmental Protection

Oil Spill Civil Settlement (CDFG) concluded that the oil spill impacted over 200 acres of rocky intertidal, sandy beach, marsh/mudflat and eelgrass habitat On May 9, 2012, Alameda County District Attorney Nancy O’Malley from Alameda Point to the Oakland Airport. CDFG estimated and San Francisco District Attorney George Gascón announced that approximately 113 seabirds died, including grebes, brown that a $1.96 million settlement was reached in a civil action against pelicans and coots. The spill resulted in recreational use losses of the owner and operator of the Dubai Star for causing an oil spill in beaches and marinas in Alameda. the San Francisco Bay on October 30, 2009. This civil settlement was the result of a unique partnership between local law In addition to the $1.96 million settlement, the lawsuit also enforcement and the California Department of Fish and Game. established permanent injunctions requiring that the defendants maintain and comply with oil transfer procedures in accordance In the early morning of October 30, 2009, the Dubai Star began with federal and state law, ensure that monitoring devices are taking on fuel (bunkering) at Anchorage 9 in the San Francisco Bay installed and operating properly, and immediately report a – south of the Bay Bridge. A fueling barge had pulled alongside discharge or threatened discharge of oil into marine waters to the Dubai Star and begun pumping bunker oil into it. At about the California Emergency Management Agency. The case was 5:45 a.m., a Dubai Star crewmember turned a wheel to shut handled by DDA Scott Patton. off the flow of bunker fuel to a port tank that had reached its fill capacity and directed fuel into a starboard tank. However, due to an apparent valve failure, bunker fuel continued to flow into the first tank until it overflowed. Bunker fuel spilled out of the tank’s vent onto the ship’s deck and ultimately spilled over the ship’s hull into the San Francisco Bay.

Although the oil spill occurred in the jurisdictional waters of San Francisco County, the prevailing Bay tide carried the spilled bunker fuel to the tidal areas of Alameda and Bay Farm Island. An Oil-covered Coots environmental incident investigation conducted photos by Nils Warnock, by the California Department of Fish & Game Wildlife Health Center, University of California, Davis

Oil spilling into San Francisco Bay from the Dubai Star

2011-2012 Annual Report 29 Serving Victims of Crime

Testimonial “…had it not been for your program, I don’t know what I would have done…I would still to this day be seated at my kitchen table, holding my head in my hands, crying and wondering how am I going to pay for this funeral.” ~ an Alameda County victim of crime Victim-Witness Assistance Division

Every case we bring against a criminal defendant is tried in the name of “the People.” In the Alameda County District Attorney’s Office, we understand “the People” to be much more than an abstraction. We believe that our role is not only to punish criminal wrong-doing, but also to help victims mend the rifts that crime has imposed on their lives. We strive to serve the interests of the people who bear the immediate burden of crime, and place a high priority on addressing their needs. Through restitution, relocation, and a variety of other services that our Office provides, we to do more than simply represent “the People” in a court of law – we are also able to serve the people in our community in the interest of a more complete justice.

Additionally, we offer victim services to our community, including: • Criminal docket finder to track the progress of cases online • Inmate locator to find out if a defendant is in custody • The Family Justice Center, a one-stop shop for victims of domestic abuse, sexual assault and human trafficking

2011 - 2012 Number of services provided to victims of crime and their families 112,785 Victims provided with services 18,474 Clients assisted in filing a VOC application 7,018 VOC applications processed and advocated 6,370

30 Serving Victims of Crime

Restitution Unit

There is a financial cost to crime, and it is mostly borne by victims. Our Office seeks restitution orders against convicted defendants in every case where the victim incurs a financial The Alameda County District Attorney’s Office is a strong advocate loss. California law requires restitution be paid by the for crime victims and actively pursues victim restitution in every person responsible for the crime. criminal case. More than a decade ago, we became the first District Leadership in Restitution Attorney’s Office in the state to establish a dedicated restitution unit for the purpose of assisting crime victims in obtaining restitution The Alameda County District Attorney’s Office is a statewide leader in victim’s rights and assistance. In 2012, from their offenders. Our Restitution Unit has now become a model our Restitution Unit obtained 1,012 restitution orders on for the rest of the State and is the recipient of the California State behalf of crime victims in Alameda County totaling more Association of Counties’ Merit Award for innovation and leadership. than $12 million dollars.

Alameda County DA’s Office Restitution Program: #1 in the state for more than 11 years

2012 Last Five Years (2008-2012) Number of Restitution Orders Obtained: 1,012 5,973 Amount ordered payable to Crime Victims $11,321,949 $72,014,182 Amount ordered payable to State of California $ 1,159,824 $ 5,293,377 Victims of Crime Program Subtotal: $12,481,773 $77,307,558 Plus Restitution Fines imposed on every criminal conviction $ 769,997 $ 3,251,978nd Total: Grand Total: $13,251,770 $80,559,536

2011-2012 Annual Report 31 Serving Victims of Crime New Leadership In April 2011, Cherri N. Allison, Esq., a leader of the Family Justice Center since its founding, became the Center’s new Executive Director/Legal Advisor. Ms. Allison was formerly the Executive Director of the Family Violence Law Center. She is a statewide and nationally recognized leader in the field of domestic violence. Family Justice Center About the Center The Alameda County Family Justice Center (ACFJC) is a collaboration of government and non-profit agencies ensuring the safety, healing, and self-sufficiency of victims of domestic violence and their families, victims of child and elder abuse, victims of sexual assault, and victims of exploitation and human trafficking. The ACFJC provides easily accessible, comprehensive and culturally-sensitive services in a central location.

Often referred to as a ‘one-stop’ Center, it houses more than 35 partner agencies with referrals to more than 60 off-site partners to provide an efficient system of services with victim safety at its core. 2011 Highlights: • ACFJC partnered with ‘Get Connected Oakland’ to launch basic computer skills classes for survivors of crime.

• The ACFJC was selected by the California State Legislature as the Research and Development Center for FJCs. Alameda County is highlighted as a model in SB 557 as a center for measuring outcomes and identifying best practices for all communities in California.

• The Alameda County Family Justice Center serves as a Alameda County regional training center, assisting new and emerging sites in expanding and developing multi-agency service delivery Family Justice Center models around the state.

• ACFJC launched a series of interfaith leaders forums to discuss the intersection of religious beliefs and family violence. 32 Serving Victims of Crime

2012 Highlights: • The Annual ONE Gala honored a survivor of domestic violence and four youth community leaders. The funds from the ONE Gala enabled the ACFJC to continue to support the ACFJC’s KidZone Children and Youth Services Program, as well as the ACFJC Client Transportation Program.

• In September of 2012, the ACFJC was awarded a two year grant in the amount of $899,178 from the Office of Violence Against Women Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program that supports the ACFJC client navigator program as well as five other community-based organizations to provide services to victims of domestic violence, sexual assault and stalking.

• In October of 2012 the ACFJC launched the Library Literacy Development Program in partnership with the Alameda County Library. ACFJC clients participated in four self-empowerment sessions while their children engaged in story time. Topics included: nutrition, academic achievement, computer skills development, and arts and crafts.

• As a Regional Training Center and Technical Assistance Provider the ACFJC conducted nine trainings for emerging and established Family Justice 36,204 Centers as well as officers from political offices. These people in need FJCs included: Honolulu, Solano, West Contra Costa, walked through these doors in 2011 and 2012 and received help Sacramento, and Stanislaus • In 2012, a partnership was formed between the Alameda County Library System and ACFJC to bring a pop up library to the center (P.U.L.S.E.: Pop Up Library Services for Everyone).

2011-2012 Annual Report 33 Ribbon cutting ceremony at KidZone rededication

KidZone Rededication

In late November 2011, the Golden State Warriors renewed their commitment to children in Alameda County with the rededication of the KidZone Reading and Learning Center at the Alameda County Family Justice Center (ACFJC).

The newly refurbished Reading and Learning Center is equipped with educational materials, books, photos, furniture, signage and healthy snacks. It is a safe and engaging space for children to learn and play while their family is seeking assistance at the ACFJC.

Warriors President Rick Welts and team legend Alvin Attles joined Alameda County District Attorney Nancy O’Malley, Alameda County Administrator Susan Muranishi and other local dignitaries, in a ceremony at the center.

One “Together as one the world is a safer, warmer, better place.” ACFJC Fifth Annual ‘One’ Gala In January 2012, over two hundred people gathered at the Rotunda Building in Oakland for the Fifth Annual “One” Gala in support of the Family Justice Center.

Guests were entertained byAlvin a string Attles quintet reads of to local the youth violinists and comedian Michael Pritchard, who is noted for his workchildren empowering in KidZone youth. The FJC Gala provides much-needed funding for the KidZone.

34 Community Outreach

Speakers Bureau

The Speakers Bureau is a community outreach and Our most requested speaking topics: education program aimed at informing citizens of Alameda County about the functions of our Office and 1. Introduction to the DA’s Office the judicial system. We match qualified speakers from the District Attorney’s Office with community groups 2. Human Exploitation and Trafficking and organizations wishing to learn more about various aspects of the criminal justice system, victims’ rights, 3. Identity Theft consumer protection and the role of the DA’s Office. 4. Cybersafety for students and parents Since the program launched in September 2011, our speakers have presented at over 100 events ranging from 5. Elder Abuse and Protection small service organizations to large conferences with over 500 attendees.

We encourage entities such as neighborhood organizations, educational institutions, faith-based groups, If you are interested in requesting a speaker from and clubs to request a speaker. the District Attorney’s Office for a community meeting, class or other function, please fill out the online form or call District Attorney’s Office at (510) 272-6222. The online form can be found at: alcoda.org/speakers_bureau

2011-2012 Annual Report 35 Community Outreach

Enabling a Brighter Future The Spirit of Voluntarism at the DA’s Office Alameda County Penal Code § 1204.3 Program Our employees have a long history of giving back to the community by spending many hours of their personal time For many people who have been convicted of a crime, helping worthy causes throughout the county. punishment does not end when they are released from custody, or even when they have fulfilled the terms of their probation. Every year, we participate in National Night Out, carry the torch With a criminal conviction on their records, many find it difficult to to support the Special Olympics and volunteer in dozens of secure gainful employment, rent an apartment, or even volunteer community street fairs and other local events. with the organization of their choice. Those seeking to turn their lives around can find their efforts thwarted by the ghosts of their past misdeeds. That is why the Alameda County District Attorney’s Office provides free information to the public about California Penal Code § 1204.3, which allows certain types of convictions to be expunged from a person’s criminal record.

In 2012, DDA Mark McCannon gave several presentations at Heald College and the Peralta Colleges detailing which types of convictions are eligible for removal from a criminal record under 1204.3 and which are not. McCannon told students about the benefits of the program, and gave them information about how to file a 1204.3 petition, even bringing petition forms for students with convictions to fill out on the spot.

DA employees support National Night Out 2012

Inspector Harry Hu & Rebecca Tse volunteer at a street fair in Oakland’s Chinatown

Under the leadership of DDA Matt Beltramo, DA staff volunteer annually at the Alameda County food bank. (Pictured: Mas Morimoto & Kalila Spain)

36 All five public service announcements (PSAs) are available at: Reaching out to all of Alameda County www.alcoda.org/psa In order for justice to be served, it is of vital importance that crime victims be able to exercise their rights. Victims of crime have the right to know what is happening with their case, to speak up in court, to be reasonably protected from the defendant and to be informed of the defendant’s sentence, incarceration, and release. Victims also have the right to restitution, and to get their stolen or damaged property back. Most importantly, victims of crime have the right to be treated with dignity, fairness, and respect, and to be told what their rights are.

The DA’s Office has produced a public service announcement informing victims of their rights. In the interest of making this information available to as many Alameda County residents as possible, our Office produced videos containing the same information in five languages that are widely spoken here: Cantonese, Farsi, Spanish, Tagalog, and English. All five PSAs are available for viewing on our website (www.alcoda.org/psa).

Diversity Outreach With substantial immigrant communities from all around the world and no majority ethnic group, Alameda County is one of the most diverse counties in the state. Addressing the needs of such a multifaceted population can be quite a challenge. Cultural and linguistic barriers sometimes impede the flow of important information between our Office and the communities we serve. That is where our diversity outreach team steps in. Nahid Aria and Rebecca Tse are in charge of our Office’s outreach efforts to the Farsi-speaking community and the Cantonese/Mandarin speaking communities, respectively. Making appearances at different community meetings, speaking engagements, and special events, Nahid and Rebecca help to bridge the language gap, informing audiences of the many services our Office provides. Nahid Aria (right) pictured here with Jing Jing Shia

2011-2012 Annual Report 37 Youth Outreach &

The District Attorney’s Justice Academy The District Attorney’s Justice Academy is a program established by the our Office with the East Bay Youth and Family Initiatives in 2011. This program provides youth ages 16 to 18 with the opportunity to learn about the justice system by participating in educational seminars and paid internships.

The Inaugural class of 20 students from the Livermore, Pleasanton and Dublin School Districts met every other week during the Spring Semester. Presenters at each two-hour session included judges, local elected officials, reporters, criminal and civil attorneys, patent attorneys and law enforcement professionals. The presentations offered the students an opportunity to learn from and engage with some of the top professionals in the fields of law and justice.

When school ended, each student was placed in a paid internship in a legal or government office. Through this wide array of internships, students gained valuable work experience, as well as different skills needed in the real-world. The program culminated in a presentation by each student on a topic of their choosing.

During the Fall of 2012, the Justice Academy expanded its reach, offering a second academy for students attending school in the Hayward, San Lorenzo, San Leandro and Castro Valley School Districts. During the spring and summer of 2013, the two academies will be in full swing. Youth Work Experience The Alameda County DA’s Office is committed to helping youth in our county gain real-world skills and experience by participating in summer internship programs. In addition to the DA’s Justice Academy, we work with organizations such as New Beginnings, Soulciety, The City of Union City, Upward Bound, Oakland Tech High School, and the County Administrator’s Youth Leadership Academy to place local youth in summer internships.

In the summer of 2012, we placed twelve local youth in administrative roles in our offices around the county. Our interns learned various skills and gave presentations to their supervisors at the end of their internships on such topics as the Grand Jury Report and the Governor’s Budget. 38 Youth Empowerment Alameda County Girls’ Court Girls’ Court establishes a gender-specific approach to girls entering the juvenile justice system. This program provides wrap-around services and closer supervision to young girls who display ongoing delinquent behavior or are at risk for being commercially, sexually exploited.

Girls Court began in June 2011 and meets weekly at the Alameda County Juvenile Justice Center. It provides consistency and sensitivity for the girls and is staffed by the same District Attorney, Public Defender, and two judges. Girls Court also acts as a referral source for the Diversion Program, an education and life skills training course, as an alternative to formal prosecution. Young Woman’s Empowerment Program The Alameda County Young Woman’s Empowerment Program is a 12-week educational and counseling program for girls involved in commercial sexual exploitation. The curriculum is designed to meet the specific needs of the participants and includes such topics as an overview of the juvenile justice system, healthy relationships and decision making, understanding their culture, and assistance in achieving dreams. Additional partners provide counseling, mentorship, case management, life skills, employment and training. Both of these programs coordinate with Safety Net to serve the needs of this at-risk population. Restorative Justice Program The Alameda County DA’s Office has been a leader in the establishment of the county’s Restorative Justice Program. In 2011, the program received a three-year implementation grant.

The Restorative Justice Program takes place outside of the formal juvenile justice system. It seeks to ‘restore’ the harm done to both the community and the victim, and hold the offender accountable. Participation in Restorative Justice is voluntary; if the minor completes Assistant District Attorney all the tasks and responsibilities agreed to under the program, the case is dropped before Jennifer Madden oversees many he/she is brought into the system. However, if the minor fails to fulfill the obligations, then of these programs. the District Attorney will file charges in juvenile court.

Cyber-Bullying and Internet Safety Programs in Schools DA O’Malley speaking at the Bay Area Stop Bullying Summit The Alameda County District Attorney’s Office has designed a program specifically aimed at school-aged children and their parents about cyber-bullying, internet safety and being a good online citizen. In the Fall of 2011, members from our new Speakers Bureau gave presentations on cybersafety to over 1,000 students at junior high schools in Fremont. They were joined by speakers from McAfee, and both encouraged students to be safe when using the internet and social media. The kids were warned about stranger danger, cyber- bullying, identity theft and other dangers lurking in cyberspace.

2011-2012 Annual Report 39 Youth Outreach & Empowerment

Keeping Kids in School Students with chronically poor attendance or who are frequently suspended from school are at greater risk of dropping out than are those students with good attendance. Dropouts are three times more likely than high school graduates to be arrested. Clearly, it is in the community’s interests to keep kids in class and give them a fighting chance.

We Must Work Together to Get Children to Attend School Many excellent programs, interventions, and strategies exist to keep students present and engaged in school. The At School An Opinion piece by Alameda County District Attorney web site (atschool.alcoda.org) aims to gather in one place the Nancy O'Malley and Superintendent Tony Smith of the information, tools, and resources that we believe will prove Oakland Unified School District. valuable in this joint endeavor. Originally published in the Oakland Tribune/Contra Costa Times on The Alameda County District Attorney’s Office is committed 09/06/2012. to addressing the epidemics of chronic absenteeism and habitual truancy. We are acutely aware of the correlation On Aug. 27, Oakland Unified School District students headed between poor school attendance during childhood and teen back to school. Sadly, far too many Oakland students missed years and eventual involvement in the criminal justice system. that first day and continue missing so much school that they put This Office is dedicated to working together with educators, themselves at academic risk. school administrators, law enforcement, health professionals and community based organizations to ensure that our youth In fact, nearly one in seven Oakland students misses nearly a attend school every day and graduate ready to succeed in month of school every year, a trend that starts for some children college and work. as early as kindergarten.

Children who are chronically absent in kindergarten and first grade are much less likely to read well by the end of third grade, every day counts and are more likely to have poor attendance in later grades. ATTEND TODAY - ACHIEVE TOMORROW! By middle and high school, chronic absence is a proven early warning sign that a student will drop out. This is especially true for economically disadvantaged students who need school the most to break out of the cycle of poverty, but are sometimes getting the least.

To turn this around, OUSD is launching an "Every Day Counts; Attend Today, Achieve Tomorrow" campaign to bring ‘Every Day Counts’ more students to school. Our local initiative is helping to In September of 2012, the Oakland Education Cabinet, inspire similar efforts in other communities as two national chaired by a member of the DA’s Office, launched ‘Every organizations, Attendance Works and The Campaign for Grade Day Counts: Attend Today, Achieve Tomorrow’, a new Level Reading, launch a call to action to all local superintendents initiative to encourage attendance in the formative years of a to reduce chronic absence starting in the early grades. child’s education. We are committed to working collaboratively with parents, The Oakland Education Cabinet Toolkit contains valuable community service agencies, the courts and schools to help pull resources for parents and schools, and can be found at in, rather than push out, struggling students. atschool.alcoda.org.

40 Youth Outreach & Empowerment

The DA’s Attendance and Truancy Program Truancy and Attendance Program For the past decade, the Office’s Truancy and Attendance Program has worked Alameda County Truancy Court won over angry mom hand-in-hand with the 16 school districts in Alameda County to proactively By Brenda Payton address the epidemic of school absenteeism. Because of the unique process Published 4:00 a.m., Sunday, April 22, 2012 developed by the Office, the program enjoys huge successes each year and When Antrel Price walked into the Alameda County has emerged as a model for other DA Offices throughout the state. Truancy Court, she had an attitude. Led by Assistant DA Teresa Drenick and Deputy DA Pamela Nunley, the “I was mad I had to go,” she recalled. She was referred program partners with the Alameda County Superior Court, the Probation to the court because her son was perpetually late for Department, the Alameda County Office of Education, Alameda County kindergarten. She “went off” on the counselors at the Health, the Asthma Start Program, and the Lincoln Child Center in a Lincoln Child Center family services organization. “I felt like coordinated effort to tackle obstacles to regular school attendance. they were trying to make me out to be an unfit parent.” Price, the 37-year-old mother of three, was caring for an The program addresses cases of both elementary and secondary school elderly relative at night; she would get home at 6:30 a.m. truancy. In the former, parents face infraction and/or misdemeanor charges in and fall asleep. Alameda County Superior Court. In the latter, teens and their parents attend a “I’d wake up at 8 and rush to take him to school. I didn’t mediation process, and, in some instances, come before the Presiding Judge of take being on time seriously; if he was five or 10 minutes Juvenile Court. late, I thought it was OK, as long as he was there.” Teen Truancy Case At the Truancy Court, she learned the importance of Andrea J. came to truancy mediation in March of 2011. At the time, Andrea those first few minutes of school, when students receive rarely attended school, was only passing one class, and admitted that she their instructions for the day. If her son missed them, then smoked marijuana on a regular basis (which surprised and saddened her he had to play catch-up. father). When she returned for her first progress report in April, Andrea By her third visit to court, she was no longer angry. had slightly improved her attendance, but reported her ongoing use of “I realized what the program was about. I actually liked marijuana. By May, Andrea’s attendance had declined even further and she going to court, hearing other people’s stories, seeing their was suspended for being in possession of marijuana on campus. A 601(b) progress, hearing the judge’s mini-lectures.” She was Truancy Petition was filed with the court. shocked to learn the California Department of Corrections and Rehabilitation looks at the third-grade truancy rate to Andrea was arraigned on the petition in July, and made a ward of the court in determine how many prison beds it will need. August. By December, Andrea continued to be tardy to class, however she reduced her cuts to four. Andrea’s grades were also showing improvement. She changed her schedule, and now her son is on time Andrea continued to struggle with discipline issues at school. In April, she every day. She also mentors other parents about the was suspended for being disruptive in class, and again in May for coming to importance of getting their children to school. school under the influence of marijuana. Andrea was remanded to spend the “If I call someone during the day and their teenager weekend in custody. In June, Andrea tested positive for marijuana and was answers the phone, I ask their parents why they’re at placed on G.P.S. (electronic monitoring). Andrea enrolled in summer school at home,” she said. “I explain how important it is for them the court’s direction. to go to school and tell them they don’t want to have to go through what I went through.” Andrea remained on G.P.S. through the summer, and earned an A+ and a She said she knows a lot of parents who don’t think it’s B- in summer school. When Andrea returned to school in September, she such a big deal if their young children miss school. appeared to have a better attitude and purpose for school. She was released from G.P.S., and attended school daily. All of her teachers reported Andrea She’s one of the parents who is likely to hug Alameda was doing well and was a pleasure to have in their class. By her November County deputy district attorney Teresa Drenick at her Progress Report, Andrea had perfect attendance and straight A’s on her report June graduation. card. She was very proud of her accomplishment, and told the court of her “She’s wonderful. I love her. They worked with me desire to be a therapist. Andrea’s father thanked the court for its assistance around my work schedule. They are willing to work with in getting his daughter back on track. She was being successful at school and the parents. I’m happy they have a program like that.” well-behaved at home. Andrea’s truancy case was successfully dismissed on November 2, 2012. 2011-2012 Annual Report 41 Legislation 2011 In 2011, DA O’Malley worked with lawmakers and testified on five bills subsequently signed into law by Governor Jerry Brown:

2011 Chaptered Bills AB 90 Criminal Profiteering Asset Forfeiture Act : (sponsored by Assemblymember Sandre Swanson) expands the criminal enterprise conduct of child sexual exploitation and human trafficking. Prosecutors can seize and forfeit money and property obtained by traffickers in the commission of the crime. These funds are used to assist commercially sexually exploited minors. SB 26 Prisons - Wireless Communication Devices Legislation: (sponsored by Senator Alex Padilla) criminalizes the smuggling and possession of cell phones and other wireless communication devices in California prisons. In addition to approving SB 26, Governor Brown issued an executive order extending the scope of the bill. SB 534 Victims of Sexual Assault: (sponsored by Senator Ellen Corbett) guarantees that all victims of sexual assault have access to forensic medical exams at no cost to the victim. This bill brings California into line with federal regulations and ensures California receives millions of dollars in federal money under the Violence Against Women Act. SB 622 Sex Offenders Registration Legislation: (sponsored by Senator Ellen Corbett) requires sex offenders convicted in other states to register in California. District Attorney Nancy E. O’Malley’s work in Sacramento addresses key SB 557 Family Justice Centers Legislation: public safety issues as well as the rights of victims of crime. (sponsored by Senator Christine Kehoe) recognizes Family Justice Centers as a model for community response to domestic violence, sexual assault, child sexual exploitation and abuse, human trafficking and elder abuse. 42 Legislation

In 2012, our office hired a Legislative Coordinator to help build upon our efforts to affect change in legislation. The Legislative Committee, composed of Attorneys, Inspectors and Victim Advocates, met regularly in 2012 2012 to review over 20 internal proposals aimed at improving current laws. The committee was tasked to select a few proposals to move forward. Our Legislative Coordinator works closely with the California District Attorney’s Association, our county and federal lobbyists, and local delegates to incorporate elements of the proposals into law. In 2013, the committee will review bills that have been proposed around the state. At the end of the review process, the committee will make a recommendation either to support a bill or to oppose it.

2012 Chaptered Bills

SB 561 (2012) Co-Sponsored. Requires the Alameda County hold these criminals accountable. By passing 35, Californians District Attorney’s Office and the Los Angeles County Sheriff’s made a statement that we will not tolerate the sexual abuse of Department to collect statistical data on arrests or prosecutions our children and that we stand with the victims of these horrible involving private information, as defined, gathered from the crimes.” On Election Day 2012, California did just that, approving internet that was used in furtherance of a crime within each it by a historic 81%. participating entity’s jurisdiction. Chaptered. Proposition 35 increases prison sentences and fines for those AB2040 (2012) Advised. An adult who was previously convicted of human trafficking. Of the imposed and collected adjudicated to be a ward of the juvenile court because he or she fines, seventy percent will be administered to public agencies and committed a prostitution offense may petition the court to seal nonprofit corporations that provide direct services to victims of the records of the offense. Chaptered. human trafficking.

The initiative includes changes regarding how evidence can be 2012 Propositions used against human trafficking victims. Proposition 35 explicitly prohibits the possibility that evidence of a victim’s having engaged Prop 35 (2012). On November 6th, 2012, Californians in sexual activity be used to attack his or her character in court. overwhelmingly approved Proposition 35, also known as the The legislation also prevents certain legal arguments from being Californians Against Sexual Exploitation Act (CASE ACT). The used in human trafficking cases involving minors. state proposition passed with eighty-one percent voting in favor of According to the National Center for Missing and Exploited the anti-human trafficking legislation. Children, one out of seven children is solicited for sex online in the United States. In acknowledgment of the growing role that the internet plays in human trafficking, Proposition 35 not only requires traffickers to register as sex offenders, but also mandates all registered sex offenders to disclose their internet accounts to law enforcement.

“Sex traffickers prey on the most vulnerable in our society. Lastly, Proposition 35 requires additional law enforcement training They get rich and throw their victims away,” says DA O’Malley. on handling human trafficking cases. All peace officers employed Assistant Alameda County DA and human trafficking expert by local police departments, sheriff’s offices, and the California Sharmin Bock co-authored the proposition. “This ballot initiative Highway Patrol, who perform field or investigative work, are is a comprehensive and effective response to an epidemic that required to complete a minimum of two hours of training on plagues our state and must be stopped in order to protect our how to handle human trafficking complaints. Training must be children from what is modern day slavery,” she said. O’Malley and completed by July 1, 2014 or within six months of the officer Bock are both national victims’ advocates and leading proponents being assigned to the field or investigation. of the CASE Act. According to DA O’Malley “Proposition 35 will

2011-2012 Annual Report 43 Realignment

What is realignment? serves as a member of the executive committee Realignment is an initiative that provides strong opportunities for individuals DA O’Malley who have committed crimes to access resources such as education, that oversees the implementation of realignment for Alameda employment training, substance abuse counseling and mental health County. The District Attorney’s Office has an input into all services. Realignment aims to provide the support networks and services decisions related to our county response to realignment. that will help these individuals make crime-free choices. This will reduce criminal behavior and protect the public from being victimized by crime. Probation Violations and Revocations When an individual is alleged to have committed a new offense, Realignment shifts responsibility from the state to counties for the custody, treatment, and supervision of individuals convicted of specified the DA coordinates with probation in determining whether the crimes of a non-violent, non-serious and non-sexual nature. The DA will file new charges in lieu of, or in addition to probation’s legislation changed the current correctional system and altered the felony filing of a revocation petition. The DA has similar power to sentencing structure when it went into effect on October 1, 2011, and revoke PRCS and Mandatory Supervision. The DA staffs the saw full implementation in 2012. Now, felons leaving state prison whose courts that handle these revocation proceedings. committing offense is non-violent, non-serious and non-sexual are no longer released on parole, but are released to a probation supervision New Prosecutions called Post Release Community Supervision (PRCS). Likewise, felons The DA is the only entity that has the constitutional and statutory convicted of new non-violent, non-serious and non-sexual offenses authority to file criminal charges against an individual. The filing and who have not suffered a prior conviction for such no longer serve a prison sentence in state prison, but rather serve their state prison decision lies within the discretion of the DA and each case is sentence in a county jail. This sentence can also be “split” meaning the evaluated at all stages on a case-by-case basis. The DA will sentence can be served in part in the county jail and the remaining part continue to effectively negotiate alternatives to prison sentences under a probation supervision called Mandatory Supervision. If the prison through formal felony probation. The DA has documented that term is not split, the felon will not have a period of supervision upon his/ the use of felony probation has been effective, with only a 27 her release from custody. Additionally, starting July 1, 2013, most parole percent recidivism rate. violations will be handled by the local courts and not by the state. What is the goal of the legislation? Protection of Victims The intent of realignment is to increase public safety by realigning lower The DA is constitutionally mandated to ensure and uphold the level offenders to community corrections programs strengthened rights of crime victims. Our Office, through our Victim-Witness through community based punishment, improved supervision strategies Assistance Division is responsible for victim notification, and and evidenced based practices, supervision practices demonstrated partners with probation to ensure that all victims have contact by research to reduce recidivism. This includes employing proven with probation to expedite information sharing related to Post alternatives to incarceration for low-risk offenders. Release Community Supervision status, the existence of stay– This is sound public policy for a number of reasons: it reduces criminal away orders, and victim restitution. behavior, increases public safety, and diminishes the harmful effects of incarceration for individuals and communities. Systemic Reforms The DA has, and continues to, assign attorneys to outreach to What do these changes mean for Alameda County? individuals and the defender community to provide information Low-level offenders who meet the criteria will serve their prison on opportunities for those convicted of felonies that fall within sentence in Santa Rita, our county jail, under the jurisdiction of the realignment. Requests to set aside felony convictions are Alameda County Sheriff’s Office, and not in state prison under the submitted to the DA for review; where appropriate, the DA Department of Corrections. Many inmates released from prison are no longer supervised by state parole but rather are supervised by the assists individuals in filing these petitions. The DA will work with Alameda County Probation under Post Release Community Supervision. the court to establish a centralized court to review the petitions, and will staff the court to streamline the process. 44 Awards, Honors & Milestones

Chief Assistant District Attorney Kevin Dunleavy, District Attorney Nancy E. O’Malley & California Supreme Court Associate Justice Carol Corrigan

DA O’Malley Officially Sworn In celebrating In an inauguration ceremony on January 3, 2011, Nancy E. O’Malley was officially sworn in as the first elected female achievement District Attorney of Alameda County. California Supreme Court Associate Justice Carol Corrigan administered the Oath of Office. & dedication

2011-2012 Annual Report 45 Honors, Awards & Milestones

Alameda County DDA Wins Prosecutor of the Year Award State Advisory Committee on Juvenile Justice and Delinquency At its Summer 2011 conference, the California District Attorneys Prevention Association named Deputy District Attorney Joni Leventis as In 2011, Governor Jerry Brown appointed DA Nancy O’Malley CDAA Prosecutor of the Year. DDA Leventis received this great to the California State Advisory Committee on Juvenile Justice honor due to her outstanding work in trial courts, her dedication and Delinquency Prevention. to victims of crime and her unwavering efforts to ensure that justice is served. Victims Compensation Program Award: Elyse Louie Our Victims Compensation Claims Specialist, Elyse Louie, was honored with The Star Award of the California Victim Compensation Program for 2011.

Ms. Louie received the award as commendation for her excellence and outstanding quantitative performance in the timely processing of Victims of Crime claims for eligibility and financial bill payments. CDAA Witness of the Year Award

In August 2012, Janett Mendoza was awarded the California District Attorneys Association (CDAA) 2012 Patricia Lewis Witness of the Year Award. Ms. Mendoza was a victim and witness in the case People v Francisco Hernandez, prosecuted by DDA Tim Wellman.

In September 2008, Janett and her boyfriend, Marco Casillas, were out walking their dog in their Oakland neighborhood DDA Joni Leventis when they were both gunned down by gang-member Francisco Hernandez. Hernandez had incorrectly identified Marco, a young Excellence Award: Butch Ford Hispanic male wearing a red hat, as a member of a rival gang. Deputy DA Amilcar “Butch” Ford was honored with the DA’s Marco died as a result of his injuries, and Janett suffered critical Award recognizing a prosecutor who consistently demonstrates injuries and spent more than two months in hospital recovering excellence in representing the Office and the victims we serve. from her wounds. Butch has been a Deputy District Attorney since 2000. In the face of great adversity, Ms. Mendoza demonstrated an Since June 2009, Butch has successfully tried to verdict 26 cases, extraordinary amount of courage, dedication, strength and including 8 murders, one of which was the murder of Michele commitment to justice. She stood up to hatred, injustice and Le (see page 15). DDA Ford is an outstanding prosecutor, and is violence and helped bring a violent murderer to justice. We are so a great mentor to younger deputies in the Office. pleased for Ms. Mendoza, and wish her every success in the future.

46 Honors, Awards & Milestones Officer Recognition Awards In honor of our hard working law enforcement community, Alameda County District Attorney Nancy O’Malley recognizes those who go above and beyond the call of duty. These officers are nominated by deputy district attorneys for their outstanding investigations and tireless dedication to their work. Each of the awardees’ thorough work has assisted in the successful prosecution of a serious case.

We congratulate them on their excellent work.

OPD Sergeant Rick Andreotti, DDA Charles Wilson and DA Nancy E. O’Malley & OPD Officer Omega Crum DA Nancy E. O’Malley. The law enforcement personnel recognized in 2012 were: Sgt. Eric Tang (Fremont PD) Sgt. Robert Nolan (Oakland PD) Officer Omega Crum (Oakland PD) Sgt. Jason Weeden (San Diego PD) Sgt. David Lee (Newark PD) Officer John Koven (CHP) Officer Matthew Kroutil (Pleasanton PD) Recipients of the Hero Award, 2012 Officer Todd Young (Fremont PD) Officer Patrick Bower (Fremont PD) The law enforcement personnel recognized in 2011 were: Sgt. Rick Andreotti (Oakland PD) Officer Eugene Guerrero (Oakland PD) Det. Sean McMillan, Sgt. Ray Kelly & Det. Rick Gonzales (Alameda County Sheriff’s Office) Sgt. Nate Schmidt (Dublin/Alameda County Sheriff’s Office) Sheriff’s Technician Karen Stirling (Alameda County Sheriff’s Office) Det. Joseph Draghi and Det Steve Goard (Livermore PD) Det .Gladys Rivera (California Dept of Insurance)

2011-2012 Annual Report 47 Honors, Awards & Milestones

Former DDA Eric Swalwell Elected to Represent California’s 15th Congressional District

In November 2012, the voters of California’s newly redrawn 15th congressional district (comprising all or parts of Pleasanton, Dublin, Livermore, Hayward, and Union City, among other cities) elected former Alameda County DDA Eric Swalwell to represent them in Washington DC. At 32-years-old, Eric is the second-youngest member of Congress.

Swalwell grew up in Dublin, and sat on the Dublin City Council since 2010. He was a prosecutor with the Alameda County District Attorney’s Office from 2006 until 2012, when he took unpaid leave to conduct his congressional campaign. During his time with our office he prosecuted 34 jury trials, a figure which includes cases of domestic violence, human trafficking, and murder. From 2010 to 2012, Eric served as Alameda County’s hate-crimes prosecutor.

On the Dublin City Council Eric worked to balance the city’s budget without service cuts or lay-offs. He was also instrumental in helping bring businesses into the region, and connecting the city of Dublin to the Livermore wine region. He also served as an advisor to the Tri-Valley Conservancy, a group that seeks to protect open space, and as a youth soccer coach for the San Ramon Soccer Club.

Eric’s intelligence, drive, and commitment to the community will serve him well in Congress. Though he will certainly be missed, we at the District Attorney’s Office are extremely proud and excited to see one of our own elected to national office. We Former DDA Eric Swallwell know he will continue to do great things for Alameda County from Washington.

DA Nancy O’Malley and freshman Congressman Eric Swallwell after the swearing-in ceremony on Capitol Hill. Eric was sworn in by O’Malley. Eric’s first day at our Office

48 Honors, Awards & Milestones

Criminal Justice Roll of Honor

The Wall of Fame is an interactive tribute located on the first floor of the René C. Davidson Courthouse in Oakland. The brainchild of former DA D. Lowell Jensen, the Wall of Fame features plaques honoring some of the prominent attorneys and judges who have made significant contributions to legal history both in Alameda County and nationally. The plaques are accompanied by an interactive touch-screen allowing users to read the stories of the honorees one at a time. Honorees were chosen by a committee composed of attorneys from the District Attorney’s Office, the Public Defender’s Office, and the private defense bar, as well as judges. The Wall of Fame was unveiled in a ceremony that took place in June, 2011. Special thanks to Alameda County Supervisor Scott Haggerty for his instrumental role in making this idea a reality.

California Chief Justice Tani Cantil-Sakauye applauds after DA O’Malley addresses audience at Alameda County Wall of Fame dedication.

2011-2012 Annual Report 49 Honors, Awards & Milestones

DDA Appointed to the Superior Court Bench On November 21, 2012, Governor Jerry Brown appointed Deputy District Attorney Scott Patton to the Alameda County Superior Court Bench. We congratulate Scott on this honor, though he will be missed for his excellent work as an attorney in this Office. Judge Patton graduated cum laude from USF School of Law in 1990 and began working at the Alameda County District Attorney’s Office that same year. While at the DA’s Office he tried approximately 50 jury trials, including cases of rape, domestic violence, child molestation, burglary, and murder. Judge Patton also held many highly important positions in the Office, including Head of the Major Narcotic Vendor Prosecution Unit, the Misdemeanor Team Leader Hayward, and the Head of Felony Preliminary Hearing Team in Hayward.

For the last five years Scott has been one of two full-time consumer fraud prosecutors in the Office specializing in civil law enforcement actions under B&P Codes 17200 (Unfair Competition Law) and 17500 (False Advertising Law). During this time he also handled civil law enforcement actions involving violations of environmental regulations, including a civil action against the owners of the Dubai Star oil tanker for spilling oil into the San Francisco Bay. He was also a state-wide leader in the prosecution of producers of dietary supplements for false advertising, actions against retailers for pricing inaccuracies, cases against manufacturers for violations of the Fair Packaging and Labeling Act, and suits against companies for selling or marketing unapproved drugs or medical devices. Combined, these cases have resulted in civil penalties and restitution paid by the defendant companies in excess of $10,000,000.

Outstanding Anti-Fraud Conference In 2008 we merged this conference with the well-established annual NCFIA conference in Monterey to create the Annual Anti- 2012 marks the tenth year that our Office has taken a leadership Fraud Conference. Eric von Geldern, the CDAA Technical Advisor, role in combating fraud through outreach and education with and now NCFIA President, ensures that the joint conferences are our annual Anti-Fraud conference. In 2002 our office, together increasingly successful. The conference now provides a dramatically with California District Attorney’s Association, created an anti- expanded curriculum to those who are dedicated to detecting, fraud conference designed to be inclusive, where members investigating and prosecuting fraud. The conference has become of the insurance industry and targets of fraud could come nationally recognized as the premier conference of its kind. The together with district attorneys and law enforcement personnel 2012 conference hosted over 400 attendees and more than for education and networking. This multi-agency anti-fraud 40 speakers from across the country. As the conference grows, conference was an immediate success, thanks to the outstanding allowing for broader coverage of different types of fraud, the work of DDA Eric Von Geldern, and is now presented annually Department of Insurance continues its strong support, which has in both Alameda County and southern California. been integral to our success from the beginning.

50 Honors, Awards & Milestones

“Kids Taking Charge” Awards Mothers Against Drunk Driving (MADD) Award

At the Alameda County Family Justice Center, DA Nancy E. Each February, the Bay Area chapter of Mothers Against Drunk O’Malley presented the “Kids Taking Charge” Awards to four Drivers (MADD) recognizes local prosecutors for their role in exceptional young people to honor their service to the community. bringing drunk drivers to justice. In 2011, the recipient of the • Jacob Rosenbaum, a Junior at Piedmont High School, teaches award was DDA Luis Marin for his prosecution of a ‘switch violin to young students who reside at Oakland Elizabeth House, driving’ case. DDA Chris Cavagnaro was honored as the 2012 a transitional home for women and children. Jake gathers the recipient for his win in a complex ‘sleepdriving’ case. Both donated instruments and brings them every week to the House, recipients of the MADD Award are experienced DDAs who have giving the previously homeless children what is often their first prosecuted a significant number of driving under the influence chance at music education. Jake serves not just as a teacher, but cases over the past three years. also as a role model for his young students.

• Aiden Trimble attends Thornhill Elementary School in Oakland. Aiden realized that many kids her age living in Oakland do not have a coat during the winter months. She arranged a “one warm coat” drive at her school and rallied the entire school community. Her movement gathered hundreds of jackets and coats to keep children in need warm and dry.

• Emily Blair, a high school student in Modesto, was inspired to do something about human trafficking of children. Driven by her passion to help, Emily wrote, directed and produced DDA Luis Marin a documentary film to highlight the epidemic. She also organized a concert in her hometown to raise awareness of human trafficking. DDA Chris Cavagnaro • Natasha Blazer, a high school senior, observed DA O’Malley received Leadership California’s that victims of domestic “State Leader Award” violence often flee their DA O’Malley received Leadership California’s “State Leader homes without time to Award” in 2012. This honor recognizes excellence in influencing organize or pack personal policy and programs and items. Natasha created exemplifying leadership hundred of “kits” filled with and service to the State cosmetics and other daily of California. necessities and provides them to victims in need The Legacy of who seek assistance at the Leadership Awards were Alameda County Family created to celebrate Justice Center. the contributions of women who lead the way to better lives and better futures from Natasha Blazer Californians through civic, business and service achievements.

DA O’Malley & Award Recipient Natasha Blazer

2011-2012 Annual Report 51 A Proud History of Service

Ed Meese together with present and past leaders in the Alameda County justice system.

Former & Current DAs Gather to Celebrate Ed Meese’s 80th Birthday Former United States Attorney General Edwin “Ed” Meese III returned to the hallowed halls of René C. Davidson Courthouse to celebrate his 80th birthday with us. Mr. Meese was a deputy district attorney with the Office under DA J. Frank Coakley before he went on to serve in the White House under President Reagan and as Attorney General of the United States from 1985-88. Mr. Meese was surprised to be joined by numerous former colleagues, including Federal Judge Sandra Brown Armstrong, Federal Judge and former District Attorney D. Lowell Jensen, former District Attorneys Tom Orloff and John J. Meehan, California Court of Appeals Justices Marty Jenkins and Bill McGuiness, Honorable Lois Haight, Honorable Jeffrey Horner, former prosecutor Buzz DaVega and many others. DA Nancy E. O’Malley took Mr. Meese and his family on a tour of the Office. Mr. Meese and our guests shared stories and memories of their years spent in the Office. We were thankful for the opportunity to take part in such a momentous occasion with Mr. Meese, his family and friends.

52 A Proud History of Leadership, Integrity & Professionalism

Albany Alameda County circa 1878 Berkeley

Emeryville Piedmont

Alameda Oakland San Leandro Dublin Livermore Castro Valley San Lorenzo Pleasanton Hayward Sunol Union City

Fremont Newark

Much has changed since Alameda County was founded in 1853, but our Office’s unwavering commitment to leadership, integrity, and professionalism in the service of justice has remained stalwart. This 19th century map shows Alameda County as it looked 160 years ago when our Office was first established. The names of the present-day communities making up Alameda County are overlaid for reference.

2011-2012 Annual Report 53 annual report cover front and back.pdf 1 3/28/2013 2:30:42 PM

ttorney A 's t ic O r f t f i

s c

i

Nancy E. O’Malley e Alameda County D A Office Locations la y District Attorney t m n eda Cou

1. René C. Davidson Courthouse – Oakland 6. Consumer, Environmental & Worker Protection RCD is home to the main District Attorney’s Office Division, and Public Assistance Fraud – Oakland Address: 1225 Fallon Street, Room 900 Address: 7677 Oakport Street, Suite 650 Oakland, CA 94612 Oakland, CA 94621 Phone: (510) 272-6222 Phone: (510) 569-9281 Email: [email protected] Email: [email protected] Alameda County 2. Wiley W. Manuel Courthouse – Oakland 7. Juvenile Justice - San Leandro Address: 661 Washington Street, Room 225 Address: 2500 Fairmont Drive, Suite C3071 Oakland, CA 94607 San Leandro, CA. 94578 District Attorney’s Office Phone: (510) 268-7500 Phone: (510) 667-4470 Email: [email protected] Email: [email protected] Serving Alameda County for 160 Years C 3. Fremont Hall of Justice – Fremont 8. Victim & Witness Assistance – Oakland M Address: 39439 Paseo Padre Parkway Address: 1401 Lakeside Drive, Suite 802 Fremont, CA 94538 Y Oakland, CA 94612 Phone: (510) 795-2500 CM Phone: (510) 272-6180 Email: [email protected] MY Email: [email protected]

CY 4. Hayward Hall of Justice – Hayward CMY 9. Alameda County Family Justice Center – Oakland Address: 24405 Amador Street K Address: 470 27th Street Hayward, CA 94544 Oakland, CA 94612 Phone: (510) 670-5100 Phone: (510) 267-8800 Email: [email protected] Email: [email protected] 5. Gale/Schenone Hall of Justice – Pleasanton Address: 5672 Stoneridge Drive Pleasanton, CA 94588 Phone: (925) 803-7171 Email: [email protected]

Sign up for our newsletter ‘Did You Know’: http://www.alcoda.org/news/newsletters

Leadership Integrity Professionalism

Visit our websites: www.alcoda.org, www.acfjc.org and www.heat-watch.org Follow us on Twitter: www.twitter.com/AlamedaCountyDA Like us on Facebook: http://www.facebook.com/AlamedaCountyDA Biennial Report 2011-2012