Legally Speaking With Pamela Price

Pamela Y. Price, Attorney at Law

Hypocrisy in Alameda County

Credit: Alameda County Sheriff’s Dept.

Former Livermore Police Officer Daniel Black is on trial.  He is one of dozens of Bay Area police officers who allegedly abused their power to sexually exploit my former client, Jasmine.  Black admits that he had multiple sexual encounters with 19-year-old Jasmine.  He claims the sex was part of “a private relationship” with Jasmine.  Black’s alleged conduct took place in April 2016 while the Oakland Police Department was trying to cover up Jasmine’s sexual exploitation by OPD officers.

In September 2015 OPD Officer Brendan O’Brien committed suicide and left a note “naming names.”  O’Brien’s suicide exposed the commercial sex trafficking of young women by law enforcement throughout the Bay Area.  Daniel Black was not one of the men named in the note.  Apparently he was not aware of the ongoing OPD cover-up and investigation. He is accused of going to Richmond to get Jasmine in April 2016, and using food and alcohol to compensate her for having sex with him.

Felonies and Misdemeanors

Penal Code Section 266i (a)(2) provides that any person who “[b]y promises, threats, violence, or by any device or scheme, causes, induces, persuades, or encourages another person to become a prostitute” is guilty of pandering. Dan Black’s sexual exploitation of 19-year-old Jasmine was “pandering” her under the law.  The fact that someone has previously engaged in prostitution is not a defense to the charge.  Penal Code Section 266 is a felony.

Dan Black is on trial for five (5) misdemeanors.  He is charged with engaging in prostitution, engaging in lewd conduct in public and giving alcohol to a minor (under age 21).  Misdemeanor charges carry far less severe punishment than felony charges.  Misdemeanor convictions can include unsupervised probation or no jail time.  Felonies usually include some type of prison or jail time and significant restrictions of your constitutional rights, including the right to vote.  Dan Black is not charged with any felonies.  He is not charged under California’s human trafficking law.  This is very strange.

Proposition 35 – Californians Against Sexual Exploitation Act

In 2012, California voters passed Proposition 35.  The law passed by a huge margin. 81.3% of voters said yes.  Prop. 35 is intended to fight commercial sex trafficking, particularly as it affects minors.  It changed the law to include more crimes in the definition of human trafficking, increase penalties for trafficking, provide more services for victims, change evidence rules in trafficking cases, require law enforcement training in human trafficking, and expand requirements for sex offenders.  As a result of the voters, Prop. 35 includes a violation of Penal Code Section 266.

Alameda County District Attorney Nancy O’Malley was a major supporter of Prop. 35.  Yet, none of the Bay Area police officers who sexually exploited Jasmine face charges under Prop. 35.  Not a single one.  This is the worst sex scandal to ever rock Bay area police departments.  This scandal cost Oakland 3 police chiefs in nine days.  These crimes will cost the City of Oakland and the County of Alameda millions of dollars.  Yet, none of the police officers charged in Alameda County are facing sex trafficking charges.  Not a single one.  It is as if Prop. 35 does not even exist.

Prosecutorial Discretion and Overcharging Crimes

What makes this situation even more bizarre is that prosecutors routinely overcharge defendants.  The practice of overcharging has become one of the hallmarks of our criminal justice system – a way to ensure that the system can actually function.  The only way the Courts can handle the number of cases charged by prosecutors is by getting plea bargains.  If every criminal defendant insisted on going to trial and refused to “take a deal”, the system would totally collapse.

In his book Why Innocent People Plead Guilty, Jed S. Rakoff writes that “our criminal justice system is almost exclusively a system of plea bargaining, negotiated behind closed doors and with no judicial oversight. The outcome is very largely determined by the prosecutor alone.”

There are no written regulations controlling the prosecutor’s exercise of his charging power in California or anywhere else in the United States.  There is no established or meaningful process for appealing the prosecutor’s exercise of his charging power. The result is that an estimated 95% of all criminal cases end with a plea bargain.

Credit: New York Review of Books

Jed Rakoff cites the case of Brian Banks from Long Beach, California.  Banks, who had been a high school football star with a scholarship to USC at the time of his arrest, served five years in prison for rape and kidnapping charges.  Brian did not actually commit the crime.

 

Brian Banks accepted a plea bargain under the advisement of his original lawyer.  He was freed in 2012 through the efforts of the Innocence Project.

Comparing Brian Banks’ case to Daniel Black’s case may seem like comparing apples to oranges.  But the real difference is that Brian Banks was charged and convicted of a crime he did not commit, while Dan Black is not charged at all with crimes he admits he committed.  Is this a case of “white privilege” or “badge privilege?”  Something is definitely wrong with this picture.  The artist in Alameda County is our District Attorney.

Previous

Calling Social Engineers

Next

The Year of the Warrior

1062 Comments

  1. Wow, incredible blog layout! How long have you been blogging for? you make blogging look easy. The overall look of your site is wonderful, as well as the content!

  2. Pretty! This was a really wonderful article. Thank you for supplying these details.|

  3. Hey there, I think your blog might be having browser compatibility issues. When I look at your blog in Chrome, it looks fine but when opening in Internet Explorer, it has some overlapping. I just wanted to give you a quick heads up! Other then that, terrific blog!|

  4. I simply want to mention I am just all new to blogs and certainly savored your web page. Almost certainly I’m planning to bookmark your site . You actually come with incredible posts. Thanks a bunch for revealing your webpage.

  5. I simply want to say I am just newbie to weblog and actually loved this web-site. More than likely I’m want to bookmark your blog post . You certainly come with terrific articles. Appreciate it for sharing with us your blog site.

  6. Hi! I’m a Canadian Single Mom living in Detroit, I found your article to be soooo Usefull!

  7. Appreciate you sharing, great article post.Thanks Again. Really Cool.

  8. I have had wrinkles since I was in my mid-30s. They drive me insane because I feel like I look older than I am. I decided to try Lifecell. I’ve been using it for about a month and have seen little to no improvement so far, but I will continue to use it to see if it will make a difference in the future.

  9. Thanks for the suggestions shared using your blog. Something else I would like to express is that weight reduction is not supposed to be about going on a dietary fad and trying to get rid of as much weight that you can in a few months. The most effective way to burn fat is by using it little by little and using some basic recommendations which can make it easier to make the most from a attempt to shed weight. You may be aware and already be following some of these tips, nevertheless reinforcing understanding never affects.

  10. can you buy viagra legally in the uk
    cheapest place to buy cialis
    buy micardis 40 mg Kep Horne

  11. professional cialis 20mg

    buy cialis online
    sildenafil 3000 mg Kep Horne

  12. One other thing I would like to convey is that in place of trying to fit all your online degree tutorials on days that you end work (considering that people are drained when they go back home), try to have most of your classes on the saturdays and sundays and only a couple of courses for weekdays, even if it means taking some time off your weekend. This is beneficial because on the saturdays and sundays, you will be extra rested and concentrated upon school work. Thanks for the different suggestions I have mastered from your website.

  13. walmart pharmacy cost of 5mg cialis
    cialis dose
    buy cheap tadalafil cialis Kep Horne

  14. You highlight some eloquent ideas-however I am concerned you may be skimming details. I hope to see you elaborate, because you are an excellent blogger and I like reading your posts.

  15. My spouse and I dead have it away your web log and line up
    near of your post’s to be hardly what I’m looking for for.
    rear you declare oneself node writers to write cognitive content in your event?
    I wouldn’t brain publishing a mail or elaborating on a tidy sum of the subjects you write with regards to Hera.
    Again, awesome internet site! http://www.stdstory.com/

  16. My married person and I absolutely have sex your web log and come up nearly of your post’s to be
    good what I’m sounding for. potty you offer up Edgar Albert Guest writers to compose
    message in your incase? I wouldn’t head publication a Wiley Post
    or elaborating on a batch of the subjects you write with regards to Here.
    Again, awesome situation! http://www.stdstory.com/

  17. buy cialis online in spain
    goodrx cialis
    viagra fast cheap Kep Horne

  18. where to buy silagra
    goodrx cialis
    sildenafil generico italia prezzo Kep Horne

  19. I’d personally want to view a video clip regarding just how that operates. However, Domain Authority (Moz) is a parameter to check the ranking in Google. If you want to increase your DA at very low cost, please check out on profile link.

  20. buy viagra uk line
    https://cialgetusa.com/
    viagra 100mg or cialis 20mg Kep Horne

  21. Thank you a bunch for sharing this with all folks you actually recognize what you’re speaking about! Bookmarked. Kindly additionally visit my web site =). We may have a link change contract between us!

  22. cheap viagra levitra cialis
    https://cialisaaap.com/
    buy voltaren online uk Kep Horne

  23. Best film i have ever seen !

  24. Hmm it appears like your site ate my first comment
    (it was super long) so I guess I’ll just sum it up what I had written and say,
    I’m thoroughly enjoying your blog. I as well am an aspiring blog writer but I’m still new to everything.
    Do you have any suggestions for rookie blog writers? I’d really appreciate it. https://www.wisig.org/

  25. Hmm it appears like your site ate my first comment (it was super long) so I guess I’ll just sum it up what I
    had written and say, I’m thoroughly enjoying your blog.
    I as well am an aspiring blog writer but I’m still new to
    everything. Do you have any suggestions for rookie blog
    writers? I’d really appreciate it. https://www.wisig.org/

  26. compare dosage viagra cialis
    online viagra
    cialis 20 mg 2 tb Kep Horne

  27. I believe everything posted made a ton of sense. However, think about this, what if you were to create a awesome headline?
    I mean, I don’t wish to tell you how to run your
    website, but suppose you added a headline to maybe grab folk’s attention? I mean Hypocrisy in Alameda County – Legally Speaking With Pamela Price is kinda plain. You should look at Yahoo’s front page and watch how they
    create post headlines to grab people to click. You might add a related
    video or a picture or two to get readers interested about
    what you’ve written. In my opinion, it could bring your posts a little livelier. https://buszcentrum.com/

  28. I believe everything posted made a ton of sense. However, think about
    this, what if you were to create a awesome headline?
    I mean, I don’t wish to tell you how to run your website, but suppose you
    added a headline to maybe grab folk’s attention? I mean Hypocrisy in Alameda County – Legally Speaking With Pamela Price is kinda plain. You
    should look at Yahoo’s front page and watch how they create post headlines to grab people to click.
    You might add a related video or a picture or two to get
    readers interested about what you’ve written. In my opinion, it
    could bring your posts a little livelier. https://buszcentrum.com/

  29. viagra the little blue pill forum
    viagra without a doctor prescription
    buy cefadroxil Kep Horne

  30. soil tests a means, the Passive of Late Path men’s. ciamedusa.com I confabulation in a exigent hallucinogenic, so the binding of.

  31. risperdal purchase
    viagra uk multiple orgasm male
    xalatan cheapest price Kep Horne

  32. bpay viagra
    viagra 120 pills
    buying discount viagra Kep Horne

  33. alpha pharma viagra
    viagra generika kaufen deutschland
    can i buy geniune levitra on line overnight delivery Kep Horne

  34. ” I don’t anchor to windward to do anything by. buy generic cialis professional Р Р†we are also unconfined of urine quest of treating mac.

  35. Incredible a lot of beneficial data., best online kamagra https://kamagrahome.com kamagra oral jelly usa next day shipping

  36. medicine health kamagra 20 mg https://www.goldkamagra.com – kamagra oral jelly

  37. levitra over the counter
    cialis expiration date
    uk chemist cialis price Kep Horne

  38. http://www.loansonline1.com online payday loans no credit check

  39. Hurray! I just got $1 BitCoin, Free! Earn $10 BitCoin Coupons & Huge Referral Bonus, All Free! Join me NOW: btckick.com

  40. Wonderful content. Thanks a lot!, kamagra pill splitter http://www.kamagrapolo.com kamagra

  41. xenical online malaysia
    where can you buy viagra over the counter
    does counterfeit viagra work Kep Horne

  42. Management and treatment Relieving side effects, also called symptom
    management, palliative care, or supportive care, is an important part of cancer care
    and treatment. https://viashoprx.com/ Management and treatment Relieving side effects, also called symptom management,
    palliative care, or supportive care, is an important part of cancer care and
    treatment.

  43. About The information on this page is provided by PR Newswire.
    https://asgenviagria.com how long does viagra take
    to work

  44. buying viagra locally
    tadalafil versus cialis
    cialis drug discount card Kep Horne

  45. JamesLow

    is viagra over the counter viagra coupons viagra cost per pill

  46. StephenMergy

    cheap generic viagra buying viagra online non prescription viagra

  47. Speaking from personal experience and extensive research,
    Ty has touched the hearts and changed the lives of thousands of people
    around the world. wowviaprice.com goodrx viagra

  48. Do you know the signs of a stroke? https://wowviaprice.com/ online
    viagra

  49. buying levitra in the uk
    cialis 20mg reviews
    cialis 5mg taglich nebenwirkungen Kep Horne

  50. In logistic regression analysis, the final backward-elimination multivariable model revealed that females,
    Reserve personnel, persons not exposed to smoke from oil-well fires, enlisted persons without traditional Seabee occupations, and Gulf War Seabees assigned to NMCB 40 or NMCB 133 were more likely to meet the definition of Gulf War illness table 7.
    https://buybuyviamen.com cheapest generic viagra

  51. This section describes the most common symptoms in people being treated for brain tumors, as well as suggestions for how to manage them.

    https://buybuyviamen.com what is female viagra

  52. You might also try massage or yoga to relieve neck stress.
    viagraviagria.com viagraviagria can you take cialis in the morning and
    viagra at night

  53. levitra lutschtabletten bayer
    viagra goes generic
    no prescription viagra affiliate program Kep Horne

  54. BlakeBlevA

    buy generic viagra canadian pharmacy generic viagra viagra without a doctor prescription usa

  55. 10 100 mg tabs of viagra
    how to get viagra in singapore
    canadian discount pharmacies viagra Kep Horne

  56. cheap generic cialis tadalafil
    pink viagra for sale
    duracion viagra 50 mg Kep Horne

  57. Briancaw

    cialis going generic in 2019 in us generic cialis for sale low cost cialis

  58. cialis 150 mg
    order viagra from canada
    tadalafil brand Kep Horne

  59. cialis over the counter at walmart
    low cost viagra 100mg
    generic cialis by paypal Kep Horne

  60. Jaredshaks

    is there a generic viagra order generic viagra mail order viagra

  61. how much is cialis at a pharmacy
    cheapest viagra
    sildenafil citrate price in india Kep Horne

  62. Thomasspill

    buying pills online best online drugstore ed aids

  63. Skin disorders that may mimic herpes simplex include shingles and chicken pox both caused by
    varicella-zoster, another herpes virus , Molluscum contagiosum
    a viral skin disease that produces small rounded swellings , scabies, impetigo,
    and Stevens-Johnson syndrome, a serious inflammatory disease
    usually caused by a drug allergy. cialis prescription (impotencecdny.com) is there a generic cialis available?

  64. By checking this box, you’ll stay logged in until you logout.
    cialis and alcohol – http://impotencecdny.com/,
    viagra vs cialis forum

  65. chlamydia signs
    http://canadianpharmacy-md.com – canadian pharmacies

  66. If you are slightly dehydrated , your urine will be more concentrated, and
    urinating may cause discomfort. cheapest place to buy generic viagra cheap generic viagra 25mg

  67. Urushiol triggers an allergic reaction when it comes into contact with the skin, resulting in an itchy rash that can appear within hours of exposure or three to five
    days later. buy generic viagra using mastercard generic viagra release date

  68. KennethSpory

    viagra professional viagra canada viagra otc
    best drugs for erectile dysfunction

  69. hva er viagra tabletter
    viagra en california
    where can i buy orlistat 120mg Kep Horne

  70. Please watch the last minute of the Step 1 video to see this
    technique. https://genqpviag.com pharmacy viagra generic

  71. Some of these programs provide a broad range of
    financial assistance including help with other necessary expenses such as utility bills.
    https://genqpviag.com difference between generic and brand
    name viagra

  72. Build Trust —— You may come into treatment uncomfortable around others or afraid to communicate even basic needs and emotions.
    http://siviagmen.com comprar
    viagra online

  73. Again, your heart is telling you it’s in trouble, and
    you should stop, he said. safe sites to buy viagra online; llviabest.com,
    viagra pfizer online pharmacy

  74. The use of among women however remains controversial.
    Those who are against female use of believes that women are not only physiological different but also psychological unlike men in their sexuality
    considering that what mean want and desire and what feels good to them are different from what
    men want and desire. Female sexuality is considered to be a lot more complex than the male sexual system.
    buying generic viagra online safe viagra online no prescriptions

  75. Erectile Dysfunction in Diabetic Patients buy generic viagra online canada generic viagra india

  76. KennethSpory

    generic for viagra canadian pharmacy viagra viagra cialis
    real cialis without a doctor’s prescription

  77. medical education journal heat exhaustion symptoms in adults
    viagra without a doctor’s prescription. http://www.doctorxep.com Onnw99z vdg22g

  78. KennethSpory

    how much does viagra cost cheap ed pills viagra cost per pill
    best online pharmacy

  79. Dora in Flower Garden Dressup Your best buddy Dora is on a mission to solve this crazy puzzle.
    https://saleviabuy.com how long does
    it take viagra to work

  80. DouglasVeida

    erection pills ED Pills ed medicines

  81. DouglasVeida

    ed pills that really work Cheap Erection Pills canadian online drugstore

  82. levitra tablets vardenafil
    viagra in pakistan
    can you buy motilium over counter in ireland Kep Horne

  83. can you buy viagra under 18
    mens health viagra special
    cialis low cost prescription Kep Horne

  84. Please let me know if you’re looking for a
    writer for your site. You have some really great posts and I feel I would be
    a good asset. If you ever want to take some of the load off, I’d really like to write some material
    for your blog in exchange for a link back to mine.
    Please shoot me an email if interested. Many
    thanks!

  85. Please let me know if you’re looking for a article
    writer for your site. You have some really good articles and
    I think I would be a good asset. If you ever want to take some of the load off,
    I’d really like to write some articles for your blog in exchange for a link back to mine.
    Please shoot me an e-mail if interested. Regards!

  86. RonaldKib

    samples of cialis generic cialis daily use of cialis
    safe alternatives to viagra and cialis

  87. Ahaa, its fastidious discussion concerning this piece of writing here at this blog,
    I have read all that, so now me also commenting at
    this place.

  88. Hey just wanted to give you a quick heads up. The words in your article seem to be
    running off the screen in Opera. I’m not sure if this is a formatting issue or something to do
    with web browser compatibility but I thought I’d post to
    let you know. The style and design look great though!
    Hope you get the issue fixed soon. Many thanks

  89. Greetings! Very useful advice within this article!
    It’s the little changes which will make the biggest changes.
    Thanks for sharing!

  90. Aw, this was a really good post. Taking the time and actual effort
    to make a great article… but what can I say… I procrastinate a lot and never manage to get anything done.

  91. Just want to say your article is as astonishing.
    The clarity on your put up is simply nice and that i
    can assume you’re a professional on this subject.
    Well along with your permission allow me to
    take hold of your feed to keep updated with drawing close post.

    Thank you one million and please carry on the enjoyable work.

  92. That is really attention-grabbing, You are an excessively professional blogger.

    I have joined your feed and look ahead to in the hunt for more
    of your fantastic post. Also, I’ve shared your web site in my social networks

  93. There’s certainly a lot to know about this topic. I really like all
    the points you made.

  94. Its like you read my mind! You seem to know a lot about this, like you wrote the book in it or something.
    I think that you can do with a few pics to drive the
    message home a little bit, but other than that, this is excellent blog.
    A fantastic read. I’ll certainly be back.

  95. Amazing many of helpful facts.
    http://canadianpharmacy-md.com online pharmacy

  96. Howdy, I do believe your blog may be having browser compatibility problems.
    Whenever I look at your blog in Safari, it looks fine however when opening in IE, it has some overlapping issues.
    I simply wanted to provide you with a quick heads up!
    Besides that, excellent website!

  97. I must thank you for the efforts you have put in penning this
    website. I am hoping to view the same high-grade content
    by you later on as well. In truth, your creative writing abilities has motivated me to get my own blog now 😉

  98. Every weekend i used to pay a visit this web page, as i wish for enjoyment,
    for the reason that this this site conations actually good funny data too.

  99. I’m really enjoying the design and layout of your site.
    It’s a very easy on the eyes which makes it much
    more pleasant for me to come here and visit more often. Did you hire out a designer to create your theme?
    Exceptional work!

  100. It is appropriate time to make some plans for the longer
    term and it is time to be happy. I’ve read this publish and if
    I could I wish to suggest you some fascinating issues or suggestions.
    Maybe you can write next articles relating to this article.
    I want to learn even more issues about it!

  101. I’m not sure exactly why but this site is loading extremely slow for me.
    Is anyone else having this problem or is it a problem on my end?
    I’ll check back later and see if the problem still exists.

  102. I know this if off topic but I’m looking into starting my own blog and
    was wondering what all is required to get setup? I’m assuming having a blog like
    yours would cost a pretty penny? I’m not very web
    smart so I’m not 100% positive. Any recommendations or advice would be greatly appreciated.
    Many thanks

  103. Great post however I was wondering if you could write a litte
    more on this subject? I’d be very grateful if
    you could elaborate a little bit more. Cheers!

  104. Woah! I’m really digging the template/theme of this site.
    It’s simple, yet effective. A lot of times it’s very hard to get that “perfect balance” between usability and visual appearance.
    I must say that you’ve done a awesome job with this.
    Additionally, the blog loads extremely quick for me on Chrome.
    Exceptional Blog!

  105. Hi, I do think this is an excellent web site. I stumbledupon it 😉
    I will return once again since i have bookmarked it.
    Money and freedom is the greatest way to change, may you be rich and continue to help others.

  106. RonaldKib

    cialis dosage cialis for sale cialis 100 mg lowest price
    generic cialis black 800mg

  107. Generic
    who makes cialis buy cialis canada cialis generic online

  108. USA
    cialis for sale in uk au cialis cialis lasts longer