Legally Speaking With Pamela Price

Pamela Y. Price, Attorney at Law

Tag: Celeste Guap

Prosecutorial Accountability In Action

Prosecutorial Accountability In Action

A cultural shift is happening across the country.

On Wednesday, June 14, Contra Costa County District Attorney Mark Peterson pled guilty to one felony and resigned.  Many of us started calling for his resignation and prosecution in January. It only took six (6) months for it to become reality.  Prosecutorial accountability in action!

Why Peterson Had to Go

In May, a civil grand jury recommended that Peterson be removed from office.  The grand jury relied upon the fact that Peterson misappropriated tens of thousands of dollars in campaign money.  But, Peterson has done more than steal $66,000 over the last five years. Peterson represented an old way of thinking about criminal justice that is not in line with the people who live in Contra Costa County.

Mark Peterson advocated against criminal justice reform at every turn. Voters in Contra Costa County voted overwhelmingly in favor of Prop. 36, Prop. 47 and Prop. 57. These bills all helped relieve the overburdened California prison system.  In 2012, Peterson opposed Prop. 36, which reformed California’s draconian three-strikes law. He told the Mercury News that the 3 Strikes law “gives prosecutors a powerful bargaining position.” He also opposed Prop. 47 and Prop. 57.

Peterson is both ignorant and dismissive of the structural racial inequities in the criminal justice system.  After the grand jury failed to indict Darren Wilson for murdering Michael Brown in Ferguson, Peterson wrote “All Lives Matter,” and argued that “crimes are perpetrated disproportionately by poor people of color.

As the District Attorney, Peterson decided to charge Black children in Contra Costa County as adults 12 times more often than white kids. While African Americans make up 9.6 percent of the total county population, they represent 41 percent of the juvenile probation population. Peterson regularly overcharged and prosecuted Black, Latino and poor women for petty theft crimes while excusing his own felonious conduct.

The Flip Side of Unequal Justice

While Peterson has showed a disdain for the people he represents and serves, he has shown favoritism to bad actors in law enforcement. He conducted the most perfunctory investigation of the Richmond police officers who were allegedly complicit in a massive sex trafficking ring.  He initially refused to prosecute any of them.

Peterson turned a blind eye to the community’s concerns about sexual exploitation and obstruction of justice. The Richmond Police Department initially denied and later admitted that it arranged to transport the 19-year-old survivor-victim witness to Florida.  Once there, she was promptly arrested, charged with a felony and incarcerated facing a possible 15-year sentence under extremely dubious circumstances.  Peterson’s office made no effort to assist me in securing her release from jail or returning her to California.

Peterson’s 2014 investigation of the murder of Richard “Pedie” Perez, an unarmed man shot by Richmond Police Officer Wally Jensen, was so flawed that the family and much of the community remains outraged that a murderer may have gotten away. There is compelling evidence that Officer Jensen initiated a physical confrontation by repeatedly tackling Pedie. Pedie was unarmed and intoxicated. After tackling Pedie, Jensen backed up, pulled his gun and shot Pedie three times, killing him.

Peterson also refused to investigate whether the West Contra Costa Unified School District (WCCUSD) was defrauded in connection with a $1.6 billion school construction bond program. There is compelling evidence that the WCCUSD provided contractor SGI with rent-free office space, a 10 percent markup on general contracting reimbursements and reimbursement for office furnishings, supplies and cellular service. An investigation also found that SGI received substantial increases in pay, averaging 69 percent, when 10 or 20 percent would have been reasonable.

The Michael Gressett Scandal

In 2015, Peterson rehired his friend and supporter, Deputy DA Michael Gressett. In 2008, Gressett was charged with a violent sexual assault against a female co-worker involving an ice pick and a handgun. Eventually, Contra Costa County paid $450,000 to settle the victim’s civil case for rape. She accused Gressett of sodomy and false imprisonment. The criminal case against Gressett was dismissed on a technicality. Later, the Attorney General’s office decided not to refile the criminal case because the victim had moved to Florida and refused to return to California to testify against Gressett.

How The Community Brought Him Down

Peterson’s downfall was the culmination of months of organizing and a community that “woke up.” Citizens, everyday people became aware of his actions and rejected his reasoning. First it was activists holding a public trial in front of his office in January. Peterson was “found guilty” on a 7-count indictment. To his credit, County Supervisor John Gioia stood up to represent the interests of his community and called for Peterson’s resignation.

Then it was the civil grand jury recommending his removal. Next, it was a vote of no-confidence by the prosecutors’ union. Local editorial boards called for his resignation. Most people were absolutely appalled by the fact that Peterson intended to run for re-election.

Peterson’s resignation is a victory for the people of Contra Costa County. The community found its voice and used its voice to reject lawlessness by its chief law enforcement officer.  Peterson’s prosecution proves that law enforcement officials can be held accountable under the law.  All it takes is a will to look, speak up and act out! #Stay Tuned & StayWoke.

 

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.

A Funny Thing Happened on The Way to Justice

A Funny Thing Happened on The Way to Justice

I’m sitting in a small crowded courtroom in the Hayward Hall of Justice.  Lots of reporters and cameras on tripods, court personnel and a few civilians.  I’m thinking about my next blog, “the Politics of Trust.”  Then, a funny thing happened on the way to justice.

An elderly Caucasian man stands on the side of the courtroom looking over the scene.  Most don’t notice him – I realize that he is the judge waiting to take the bench.  Soon he does.  The Judge very quickly goes through the steps of arraignment for former Contra Costa Deputy Sheriff Ricardo Perez.

perez-court-v2Ricardo Perez is charged with felony oral copulation with my client, Jasmine.  It is apparently well known that he was “one of her regulars.”  Since she was still a minor, he was actively engaged in the commercial sexual exploitation of a child (CSEC).  He reportedly worked as a Contra Costa Sheriff’s Deputy for several years.

Who Is the Judge?

Judge Joseph J. Carson was first appointed as a judge by Governor Ronald Reagan in June 1972.  In  April 1984  Governor George Deukmejian elevated him to serve as a Superior Court judge.  Judge Carson was a Deputy District Attorney for Alameda County between 1966 and 1972 before he became a judge.

The district attorney asks Judge Carson to set Perez’ bail at $60,000.  After reading Perez’s probable cause statement, Carson smiles and says, “Fish Ranch Road?  I haven’t been there since high school.”  Carson then let Perez remain out of custody on his own recognizance.

Judge Carson’s decision to let defendant Perez out on his own recognizance (OR) is in stark contrast to the $300,000 bail Jasmine was held on in Florida a month ago.  Judge Carson’s OR  decision was obviously based on his own world view about CSEC and perhaps, his own fond memories of hanging out on Fish Ranch Road.  When he made the comment, he seemed to snicker at the thought of whatever happened to him the last time he was on Fish Ranch Road.

What A Difference Race Makes

Judge Carson’s decision to OR defendant Perez on a felony charge is very different from bail decisions issued for most Black and Brown defendants in our criminal justice system in Alameda County.  The experience of racism is still channeled through the bail system in America. Study after study has documented the disparity by race in bail decisions across the country. 

In her 2013 analysis of bail practices, Washington College of Law Professor Cynthia E. Jones describes how judges “exercise virtually unbridled discretion in making bail determinations, which are too frequently corrupted by the random amount of money bond imposed, the defendant’s lack of financial resources, the implicit bias of the bail official, and the race of the defendant.  These factors combine to create an extreme dysfunction in the bail determination process” resulting in severe over-crowding of jails and racial disparities in bail outcomes between African-Americans and whites.  (Jones, C. E. (2013). “Give Us Free”: Addressing Racial Disparities in Bail Determinations.” New York University Journal of Legislation and Public Policy, 16(4), 919–62.)

According to the U.S. Department of Justice, between 2008 and 2011, Alameda County was one of the largest jail jurisdictions in the United States, (in the top 15) with an average daily population of more than 4000 inmates.  Between 2009 and 2014, the percentage of our average daily jail population that was un-sentenced but remained detained was consistently much higher than the state average.  Typical reasons for staying in jail before sentencing are the inability to post bail, public safety or flight risk, or slow criminal justice processing.  The population of detainees “presumed innocent until proven guilty” is overwhelmingly Black and Brown.

The Racial Divide in Alameda County

Justice in Alameda County has historically been racially imbalanced.   In 2002, the rate of felony arrests in California for African Americans was 4.4 times higher than for whites.  Our rate of incarceration in Alameda County was 7.5 times higher; the rate of incarceration for second strikes was 10 times higher.   African Americans were incarcerated at a rate almost 13 times higher than whites under the three-strikes program.

In 2004, in Alameda County, African-Americans were only 14.61% of the population; we were 52.85 of all felony arrests.  In contrast, 41% of the population was White and only represented 22% of all felony arrests.

In 2008, 55.0% of the inmates in Santa Rita Jail were African American, while only 18.1% were White.  At that time, 12.2% of adult residents in the County were African American and 40.5% were White.

There is clearly a legacy of racial injustice in Alameda County.  Yet, we can count the number of police officers criminally charged for criminal misconduct in Alameda County on one hand.  When an officer who clearly abused his position and power and exploited a young girl is actually charged, no bail is his reward.  Judge Carson’s decision adds “insult to injury.”

How do you feel about that?  Feel free to post your comment here or at my Facebook page.

Jasmine Is Free!

JASMINE.V2 JASMINE IS FREE!  Since May 2016, citizens of the Bay Area have been shocked and appalled by revelations of abuse of power by police officers in 6 different law enforcement agencies.  The central figure caught in the eye of the storm is a teenage girl, who says that she has lived in the Bay Area’s commercial sexual exploitation marketplace since she was 12.  This is who she really is and how she looked when she was just 13 years old.

On August 29, this young victim was shipped to a so-called “rehab” facility in Florida where she was promptly arrested, charged with a felony and carted off to jail.

jaz-free-v3Today the Martin County State Attorney David Lustgarden dropped all felony charges against Jasmine.  The Court accepted a “no contest” plea to a misdemeanor simple battery, with a stipulation to withhold adjudication. That means Jasmine will not have a criminal record and will eventually be restored to her crime free criminal record status.

“CELESTE GUAP” Exists No More

“Celeste Guap” is dead”! “You have 187’ed Celeste”[1]! I am going to become a veterinarian and work to free other girls,” Jasmine told her attorneys from her jail cell dressed in her felony pumpkin orange prison clothes. Jasmine is eager to pursue her chosen career goals. She expresses gratitude for all who are supporting her and she says “other girls as young as 12, like I was, are out on the street. I want to help them. I will work to free them.”

Jasmine Is Not The Only One

Her attorneys, Charles A. Bonner and Pamela Y. Price, express their fear about the lasting effect this trauma will have on Jasmine, emphasizing that “Celeste Guap” was only the tip of the iceberg of children bought, traded, coerced, and passed around as a sex toy for men in power. Jasmine’s victimization by cops in uniform who have raised their right hands and swore to uphold the United States’ Constitution, and to protect and serve is particularly disturbing. And yet these police officers betrayed the trust of the communities who pay their salaries by abusing again and again young vulnerable minor girls in our community.  “Outrageous!!  This case is the story of Slavery, Crimes, Cops and the exploitation of our Children. Why do we as a society allow child sex slavery to exist in our communities?” says Attorney Charles Bonner.  “We all must act now to protect these girls; protect the children. Stand up or Sit Down in Protest! Every little bit helps.”

Attorney Pamela Price declared that “public safety requires public trust.” Officers of the law betrayed the public trust and undermine the safety of every Bay Area citizen. Human trafficking is a Billion dollar business that thrives mainly on the sex trafficking of women and children. We will not knowingly allow paid servants of the law to participate in the violence, intimidation and commercial sex exploitation of our children. Now we know because one very brave very young woman has the courage and the will to do the right thing.

The Jasmine Freedom Trust Fund  is established and administered under the non-profit Bracelet Charitable Freedom Fund.  All donations are tax-deductible.

[1] (California Penal Code 187 means killed or homicide)

The Jasmine Freedom Trust Fund

JASMINE.V2Since May 2016, the citizens of the Bay Area have been shocked and appalled by revelations of the abuse of power by Bay Area police officers.  The accused officers are in 6 different law enforcement agencies.  The central figure caught in the eye of the storm is a teenage girl.  She says that she has worked in the Bay Area’s commercial sexual exploitation marketplace since she was 12.

On September 1, 2016, we learned that this young victim had been shipped to a so-called “rehab” facility in Florida where she was promptly arrested, charged with a felony and carted off to jail.

Three horrifying truths have emerged in this crisis of corruption: (1) her sexual exploitation was cultivated, condoned and encouraged by law enforcement officials; (2) she is not the only child caught up in the Bay Area’s network of police sexual predators; and (3) her swift transformation from rape victim to felony assailant sends a clear message to all commercially sexually exploited youth in the Bay Area that you best not say anything to anybody.

Say Goodbye to “Celeste Guap”

For months, the teenage girl who was raped and exploited by police officers was the highlight of the news.  “Celeste Guap” was everywhere – from CNN to Youtube.  Some reporters demanded answers from police officials and focused on the lack of accountability and the pervasiveness of the problem.  Others elevated “Celeste Guap” to a Kardashian-like celebrity status.  Almost every interviewer seemed to ignore the obvious facts that she was a victim who was robbed of her childhood and that she needed a lawyer bad.  The obvious came crashing into everyone’s reality with her arrest in Florida.  While some of us were standing in front of the Richmond Police Department demanding transparency and accountability in her case, her carefully orchestrated transition from victim to felon had already taken place.  As part of her criminalization, her real name, Jasmine, was revealed as well as her home address, details about her medical treatment, her arrest and her transport to the jailhouse with her hands and feet shackled together in a hobble, a device that ties a suspect’s hands to their legs.

Was It A Set-Up?

Even before the proverbial SH– hit the fan, no one in law enforcement was taking responsibility for “the brilliant idea” to send 19-year-old Jasmine to Florida for “rehab.”  The Richmond Police Department has denied any involvement in sending her to Florida.  The Alameda County District Attorney’s office responded to inquiries with a “no comment.”  The story out of Florida is that Jasmine, at 5 feet, 130 pounds, was being subdued by two security workers, both of whom are described as 6 feet tall and one weighing 230 pounds, and the other at 240 pounds.  The 6 foot, 230 pound security officer is identified as the victim of the aggravated battery felony charge.  His injury is a bite on the arm.  Jasmine was taken from the alleged rehab facility where she was allegedly detoxifying from heroin to jail, where she has been since August 29th.  She has no family there or any ties to Florida, or any reason to be there, other than someone in Bay Area law enforcement thought it would be a good idea for her to go there.  It will be very interesting to learn who persuaded Jasmine that this was a good idea and what law enforcement agency that person actually works for.

The Bracelet Freedom Fund

     BRACELET IMAGEIn 2009, Attorney Charles Bonner published a novel called The Bracelet.  It is based on a case he handled where at least four young women were kidnapped and held as sex slaves in Syracuse, New York.  The case and the story highlights the pervasiveness of sex trafficking in our country and around the world.  Jasmine has hired Attorney Charles Bonner to represent her.  Attorney Bonner insists that I assist him with the case.  Together, we have set up a freedom trust fund for Jasmine’s legal and medical expenses, and to assist any other commercially sexually exploited youth who have been preyed upon by the police or other traffickers.  We know that Jasmine is not the only one.  We know that her tragic story is not unique or unusual.  Indeed, as a former foster child who walked away from an obviously dysfunctional system, I can truly say “there for the grace of God go I!”

And so my heart bleeds for this child.  If your heart is touched by her ordeal, please go to the Jasmine Freedom Trust Fund and donate whatever you can for her rescue, recovery and redemption.  Help us send a message to the other victims who are still trapped and living in a nightmare of fear, addiction and exploitation that we really will not tolerate sex trafficking in our backyard.  Thank you.

The Jasmine Freedom Trust Fund is established and administered under the non-profit Bracelet Charitable Freedom Fund.  All donations are tax-deductible.

A Crisis of Corruption – Call to Action

A Crisis of Corruption – Call to Action

A broad coalition of local and state advocates are calling upon Governor Jerry Brown to issue an Executive Order directing Attorney General Kamala Harris to take jurisdiction and control over the investigations of all allegations arising out of the involvement of any member of a law enforcement agency with the rape victim identified as Celeste Guap.   

Public Safety Requires Public Trust 

SEX TRAFFICKINGWe find ourselves in the midst of a crisis in public safety. The very police officers that are charged to protect and serve the public have been exposed as engaging in a conspiracy of sex trafficking. For 8 months, local law enforcement and public officials hid this scandalous behavior from the court-appointed monitor in Oakland and the public, while taking no real action against the officers who violated the public trust.  Even today – 11 months later – there has not been a single prosecution of anyone for any violations of law.  Officers who have resigned voluntarily remain uncharged.  Certainly the list of possible offenses include statutory rape, assault with intent to commit rape, obstruction of justice, interference with a police investigation, perjury, just to name a few.

 

We believe the reason for the apparent lack of accountability under the law and to the public trust is that our local officials have a conflict of interest. Every District Attorney’s office, every City Attorney’s office and every County Counsel’s office works closely with local law enforcement on a day-to-day basis.  To ask or expect these law enforcement agencies to diligently investigate and prosecute their partner law enforcement agencies is like asking the fox to guard the henhouse.  

The Call to Action

On September 1, 2016, we will issue a call to action to Governor Jerry Brown.  We believe that the alleged conduct of these law enforcement officers involves an abuse of power and a violation of the public trust that is best addressed by a single and independent law enforcement agency rather than each local law enforcement agency. Six different law enforcement agencies have been implicated to date.  What appears to a lack of communication between Oakland officials and other local law enforcement agencies is startling. It clearly suggests that our concerns about the human trafficking of our daughters, sons, sisters and brothers across county lines in the Bay Area are not being taken seriously.

 

Let us be clear that we understand that “Celeste Guap” is not the only victim of this type of police abuse, and we are not calling for increased criminalization of minors, women or men identified as sex workers in our communities. We understand and appreciate that minors and women engaged in sex work in our communities are extremely vulnerable to the abuse of power by our law enforcement agencies and that “blaming the victim” is not an appropriate response to our crisis.

 

We believe that upon direction by the Governor of California, our Attorney General has the authority to investigate, manage, interpret, prosecute or inquire about any alleged incidents of sexual misconduct by law enforcement officers with “Celeste Guap.” We believe that the Attorney General’s independent investigation of this crisis in our communities is essential to restoring public trust in our law enforcement agencies. We believe that public trust is essential to public safety. We therefore call upon Governor Brown to exercise his authority under Article V, Section 13 of the California Constitution to ensure a comprehensive and independent coordinated investigation of these incidents.

The Signatories:

 

Attorney Pamela Y. Price, Political Education Chair, Black Women Organized for Political Action (BWOPA) Richmond/Contra Costa Chapter, Member Elect, Alameda County Democratic Party Central Committee

Kathleen Sullivan, President, Black Women Organized for Political Action (BWOPA) Richmond/Contra Costa Chapter

Jerilyn Stapleton, President, California NOW

Cheryl Branch, President, CALIFIA NOW

Sarai Smith-Mazariegos, Co-Founder, MISSSEY, Founder, S.H.A.D.E. Project

Cat Brooks, Co-Founder, the Oakland Anti-Police Terror Project

Leigh Davenport, the Take Back Oakland Coalition

Freddye Davis, President, NAACP Hayward/South County Chapter

Kimberly Thomas Rapp, Executive Director, the Lawyers Committee for Civil Rights of the San Francisco Bay Area

Mike Katz-LaCabe, the Center for Human Rights and Privacy

Nola Brantley, Founder & Former Executive Director, MISSSEY

Ben Steinberg, Community Activist, Richmond California

Sign The Petition Calling for An Independent Investigation

A Crisis of Corruption: Is Something Wrong In Gotham City?

A Crisis of Corruption: Is Something Wrong In Gotham City?

Since May 2016, the citizens of the City of Oakland have been shocked and appalled by the abuse of power within the Oakland Police Department (OPD). The story begins in Richmond in 2010 where a 12-year-old girl says she begins to have sex for money.  Fast forward to September 2014, in Oakland, Irma Huerta Lopez is  shot dead in her home. The prime suspect in her death – her husband, police officer Brendan O’Brien. Despite her family’s protests and the suspicious circumstances, Irma’s police officer husband is cleared of all wrongdoing by his employer, the Oakland Police Department. O’Brien also received a pass from the Alameda County District Attorney’s office – no charges are filed.

On September 25, 2015, O’Brien commits suicide. Sometime prior to his death, O’Brien begins a sexual relationship with the young girl from Richmond, while she is still a minor. O’Brien is aware that she has sexual relationships with other police officers, including multiple OPD officers. O’Brien leaves a suicide note. He admits his sexual relationship with the teenage girl and names other OPD officers whom he knows are having sex with her. OPD begins a very quiet and apparently limited investigation. The Alameda County District Attorney’s office does not file any charges against anyone. The City Attorney’s office takes no action.

SEX TRAFFICKINGFast forward 9 months. The teenage girl goes public on social media and with investigative reporting by local reporters. The scandal explodes. City officials scramble to get ahead of the public disclosures and deny the widespread nature of the conduct, only to be exposed as collaborators themselves in the crisis of corruption. The scandal spreads to include 6 different law enforcement agencies.

Oakland’s History

Oakland is historically “ground zero” for police corruption. It was the unbridled racism of our police force that gave birth to the Black Panther Party 50 years ago. Police scandals in cities like Richmond, Chicago, Los Angeles and New York are mirrored in our own “Riders” scandal. OPD is under one of the longest imposed consent decrees in the country with a federal court-appointed monitor. The abuse of power by some police officers is nothing new in Oakland.

“Something is clearly wrong in Gotham City.” Three police chiefs down in 9 days. 28 police officers with allegations of commercial sexual exploitation (CSE) against them. Our crisis of corruption has exposed how deep and far the abuse of power has spread. Even the Oakland Police Officers Association President professes to be “deeply disappointed.”  While our community decries the commercial sexual exploitation of minors and works to end human trafficking, many police officers acted like it was “business as usual.” And, some of the guardians of the law turned a blind eye to this form of abuse of power.  Hence, my question – is something wrong in Gotham City?

Check out this Petition calling for an independent investigation on Change.org. I would also love to hear your comments. Feel free to post your comment here or at my Facebook page.

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