In February 2011, Attorney John Burris called me and asked me to help him with a police misconduct case. It was the Oscar Grant case. There were 4 motions to dismiss the case filed by Bart and the numerous officers that John’s firm had sued. My firm’s assignment was to oppose the motion to dismiss Anthony Pirone. We did so successfully and kept him in the case.
Anthony Pirone was one of the first officers to arrive on the Bart platform in response to a call. Pirone immediately focused on Oscar and his friends, racially profiled them, punched and kneed Oscar repeatedly, and finally jumped down on Oscar with his full, 250-pound body weight, pushing Oscar face-down onto the concrete platform and pressing his knee on Oscar’s neck; all the while taunting Oscar by calling him a “nigger” and a “bitch-ass nigger.”
Anthony Pirone committed a hate crime against Oscar Grant. He is the one who literally set into motion the action that caused Johannes Mehserle to kill Oscar Grant. Yet, then District Attorney Tom Orloff made a decision not to charge Anthony Pirone with anything. Bart fired Pirone but he walked away a free man.
Everyone who saw the videotapes of the events on that Bart platform knew what Pirone did. Everyone included me, my staff, the judge and all of the lawyers involved, including then Chief Assistant District Attorney Nancy O’Malley. The civil lawyers were subject to a protective order in 2009 (meaning we could not talk publicly about everything we saw and knew) but DA Nancy O’Malley was not.
DA Nancy O’Malley knew in 2009 that Anthony Pirone was a liar. When she became the DA in September 2009, she did not re-open the case. Instead, she chose to turn a blind eye to Pirone’s racist torture of Oscar Grant because Oscar Grant was just another Black kid whose life did not matter.
Just like Jody Woodfox’s life did not matter. Jody Woodfox was shot in the back by an OPD officer in July 2008, and O’Malley’s office covered up the murder for 12 years. Just like Alan Blueford and Kayla Moore and so many others, including brown, white and indigenous people like Andrew Moppin, James Greer, Joshua Pawlik, Jacob Bauer and Elena Mondragon.
The family of Oscar Grant and our community are calling on O’Malley now to charge Anthony Pirone with felony-murder. This is the same rule applied to thousands of Black and Brown residents of Alameda County to coerce unfair plea bargains. The same rule used to incarcerate people for decades whose punishment did not come close to the crime. O’Malley has discretion but it should not be used unfairly or applied unequally. Simple Justice. That is all the family is asking for.
Please support this demand for fair justice! Please sign the Petition and spread the word!
TELL DA NANCY O’MALLEY TO CHARGE ANTHONY PIRONE WITH THE FELONY MURDER OF OSCAR GRANT III