Legally Speaking With Pamela Price

Pamela Y. Price, Attorney at Law

Tag: Jasmine

Why I’m Running For DA

My friends’ first question is not why am I running for DA. The first question is “have you lost your mind?”  No, I have not lost my mind.  I know who I am and I know why I’m running.  So here it is.

No Police Accountability

Exhibit ACourt-Appointed-Investigators-Report-on-City-of Oakland’s Response to Allegations of Officer Sexual Misconduct.  This scathing report exposes the total lack of accountability we have in Alameda County for police misconduct. It is particularly disturbing because OPD is under a consent decree that requires the Criminal Investigation Division (CID) Commander to inform the DA of possible criminal conduct by officers. Yet, neither the City Attorney nor the District Attorney have taken any responsibility to enforce this provision of the Consent Decree. This persistent problem has cost our City millions of dollars.

Our DA says she had no knowledge of the investigation of police sexual exploitation going on right under her nose. The Court’s report verifies this claim. Nancy O’Malley had no idea that sex trafficking by the police was happening in Alameda County. It has been reported that two investigators in her office were part of the problem. She says she was completely unaware of the ongoing investigation until she read about it in the newspaper. To me, that is a gross dereliction of duty on her part.

When Officer Brendan O’Brien killed himself in September 2015 and left a note, he was still under suspicion of killing his wife. The question is why the DA did not ask “what’s in the suicide note?

Courtesy: Josh Edelson/AFP/Getty Images

The Court report leaves no doubt that various members of OPD, certainly including former Chief Sean Whent, the Internal Affairs Division and CID Commanders engaged in obstruction of justice. When asked if she intended to investigate anyone for obstruction of justice, DA O’Malley said flatly “no.” Surely, this is why OPD felt completely comfortable covering up these crimes. There simply is no history of accountability for police officers in Alameda County.

“Is this because I was little?”

The Court finds that OPD did not properly investigate because of “an implicit but evident bias against the victim.” The report says “put simply, CID and IAD wrote off this victim.” Regrettably, I observed a similar bias in the DA’s response. While our County’s female leaders did not come right out and blame the victim, no one acted like they gave a damn about Jasmine. It was as if her exploitation was not taken seriously. Ultimately, the DA left Jasmine to languish in a Florida jail for 17 days.

Sept. 9, 2016. (AP Photo/Terry Chea)

When DA O’Malley famously announced “I would charge these officers but I don’t have a witness,” Jasmine was facing a felony and 15 years in prison. She was tricked into going to Florida in the first place by the Richmond Police Department.

The fact is the Richmond police sent DA O’Malley’s star witness across the country. Richmond PD placed Jasmine in a situation where she was held against her will, assaulted and arrested because she wanted to come home.  If I were the DA, I would absolutely demand a thorough investigation of possible witness tampering. I would absolutely do everything in my power to hold whomever sent my witness to Florida accountable. More importantly, I would do everything in my power to bring her home. The same bias that OPD exhibited was obvious in the DA’s response to Jasmine’s incarceration in Florida – they wrote her off.

No Criminal Justice Reform

In 2014, Proposition 47 passed in Alameda County by almost 74% of the voters. We recognize that we cannot solve our problems by locking everyone up. DA O’Malley vigorously opposed Proposition 47.  She called it “a frightening fraud with irrevocable and far-reaching consequences.” How can we expect her to implement legislation she considers “a frightening fraud?”

In 2012, California voters passed realignment legislation to reduce the numbers of people in prisons and bring them home. The measure, Proposition 36, passed in Alameda County with 78.6% of the vote.  Yet, in 2016, DA O’Malley proposed to spend only $1.72 million of her $73 million budget on re-entry services.

In 2015, the DA’s office prosecuted almost 41,000 adults and 1001 juveniles.  Ninety-three percent (93%) of the adult cases reviewed for charging resulted in some type of prosecution. So, if you get arrested in Alameda County, there is a 93% chance that you will be prosecuted for something. In contrast, Homeless Court meets six times a year and helps about 300 people a year.

The vast majority of the prosecutions (59% – almost 29,000 cases) were for misdemeanor crimes. The misdemeanor numbers include thousands of women arrested for prostitution. In 2015, the Safety Net Program – a program to create a safety plan for at-risk and high-risk victims of commercial sexual exploitation – only reviewed 83 cases.

The New Jim Crow in Alameda County

In 2015, almost 1500 juvenile cases were presented to the DA. Of those 1,001 (67%) resulted in prosecutions. Felony arrests of African-American kids were a startling rate of 25 per 1,000 compared to 2.3 per 1,000 for White kids. Only 112 kids were referred to a restorative justice program. Only 80 kids participated in our Collaborative Mental Health Court. In 2014, Alameda was one of only 9 counties in the State where the DA only charged Black or Latino kids as adults. “The New Jim Crow” is alive and well in Alameda County.

Why We Have to Make A Change

We have got to change the picture of justice in Alameda County. The days when the DA can “talk the talk” and not “walk the walk” have to be over. As Adam Foss says, we need prosecutors who want to change lives, not ruin them. We need better public safety outcomes. Alameda County has the 4th highest homicide rate for young people (ages 10-24) in the State. Whatever she’s doing is not working.

Donald Trump and Jeff Sessions are about sending folks back to jail.  Since 2012, we have rejected that approach in Alameda County. We want to bring people home and rebuild families and restore our community. We want to end the horrendous racial divide that has infected our judicial system. We want to treat and teach our kids how to be kids. That’s how we need to spend our money – by investing in our people. We need Justice Done Right in Alameda County.

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.

Obstruction of Justice-Does It Matter?

Obstruction of Justice-Does It Matter?

bunion-v2On Friday, September 23, 2016, the first Oakland police officer in our “crisis of corruption” goes to Court.  Brian J. Bunton, who allegedly abused his power as an officer of the law will be arraigned on several charges, including felony obstruction of justice. As we finally move forward in the continuing saga of abuse of power by police officials, the question looms, does obstruction of justice really matter?  Is obstruction of justice a “victimless crime?”

What is Obstruction of Justice?

“Obstruction may consist of any attempt to hinder the discovery, apprehension, conviction or punishment of anyone who has committed a crime. The acts by which justice is obstructed may include bribery, murder, intimidation, and the use of physical force against witnesses, law enforcement officers or court officials.”

For anyone who is tempted to think that obstruction of justice is a “victimless crime,” I offer the story of prosecutorial misconduct in Bakersfield, California.  There, Kern County Deputy District Attorney Robert Murray admits to falsifying a confession transcript that he provided to a defense attorney.  Murray gave it to the defense attorney during plea negotiations when Murray knew defense counsel was trying to persuade the defendant to take a deal.  Murray claims he was joking, but only after he was caught.  Murray still works for the Kern County District Attorney.

The trial judge threw out the charges when the faked confession was exposed.  The case involved alleged sexual abuse of a ten year-old girl.  The defendant could have been sent away for life if convicted.  As a result of Murray’s misconduct and the dismissal of the charges, the defendant, a sexual predator, is freed.  He is later arrested and charged with having sex with a minor under fourteen.  Prosecutors believe he impregnated the girl when she was thirteen.  In effect, because the prosecutor decided to “obstruct justice,” a sexual predator got away with sexual assault of a 10-year-old girl and went free to victimize another 13-year-old girl.  So I ask, the parents of which one of these girls thinks that obstruction of justice is “a victimless crime?”

Closer to Home

Closer to home, in July 2010, the Oakland City Council approved a $6.5 million settlement in a case which exposed the routine use of false or misleading information for search warrants.  There, OPD’s own records allegedly showed that more than 57% of all search warrants in drug cases involving a confidential informant between 2001 and 2008 were based on false information.  Eleven officers are fired.  Most are later reinstated.  None of the officers accused of creating false police reports are ever prosecuted.  Some of them still work for Oakland police.  The number of people sent to jail based on false information remains unknown.

In October 2011, Oakland agreed to pay $1.7 million to the family of Jerry Amaro. Oakland police beat Mr. Amaro while arresting him on suspicion of trying to buy drugs from undercover police officers.  They broke five of his ribs and lacerated one of his lungs.  He died a month later of pneumonia caused by his fractured ribs. None of the officers involved documented the use of force.  OPD told his heartbroken mother that her son “died in the street” following a gang dispute over drugs.  None of the officers accused of filing false police reports to conceal Amaro’s beating were ever prosecuted.  Some of them still work for Oakland police.

The Tip of the Iceberg?

Officer Brian Bunton, facing felony charges for obstruction of justice, appears to be the tip of the iceberg in Oakland.  In our case, it appears that many people went to great lengths to conceal ongoing widespread criminal activity.  We know that OPD investigators received a suicide note from Officer Brendan O’Brien in September 2015.  We know that OPD investigators looked into Jasmine’s cell phone with all of its incriminating text messages and recorded calls.  We also know that access and information to Jasmine’s Facebook page was publicly available.

whent-resignsPolice chiefs in both Richmond and Oakland were allegedly her Facebook friends.  And yet, every one of the local District Attorneys staunchly maintains that she or he did not even know about the suicide note or the OPD investigation until she or he read about it in the East Bay Express Newspaper.

Clearly, higher officials than Brian Bunton obstructed justice in this case.  We are all victims of the obstruction of justice because we have to live with the fallout.  Public safety requires public trust!  Who can we believe – the Mayors, the DAs, the Chiefs?  I’m not sure that any of them has any credibility left.  Where were they for nine months?  Who else should be charged with obstruction of justice?  What do you think? Feel free to post your comment here or at my Facebook page.

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