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"content": "\u003cp>\u003cem>Updated 4 p.m. Wednesday\u003c/em>\u003c/p>\n\u003cp>The former executive director of an \u003ca href=\"https://www.kqed.org/news/tag/east-oakland\">East Oakland\u003c/a> youth boxing program pleaded guilty Wednesday in federal court to one count of mail fraud and one count of tax evasion in connection with embezzling at least $549,000 from the organization, a figure significantly higher than had been previously reported.\u003c/p>\n\u003cp>The theft included a substantial donation presented by \u003ca href=\"https://www.kqed.org/news/12029450/steph-curry-surprised-oakland-youth-gym-with-50000-its-leader-kept-the-cash-feds-say\">Steph and Ayesha Curry\u003c/a>.\u003c/p>\n\u003cp>Shortly after taking the helm at the East Oakland Boxing Association in late 2016, Solomon Howard — whose legal name is Howard Solomon — became an authorized signatory on the organization’s Wells Fargo bank accounts and began transferring funds and donations into personal and business accounts he controlled at other banks, according to court documents and the plea agreement.\u003c/p>\n\u003cp>Howard, 38, used the embezzled funds and donations to pay for expenses that had no connection to his job — including a vacation rental, a new car and more than $100,000 of Amazon purchases — and falsely reported them as “program supplies” and other generic expenses, \u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/SolomonHowardCharges.pdf\" target=\"_blank\" rel=\"noopener\">according to federal charges (PDF)\u003c/a> filed in February.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>On Wednesday, Howard acknowledged that he transferred the money without informing EOBA’s board or anyone else affiliated with the organization. He also admitted to tax evasion by failing to report the embezzled funds as income on his tax filings from 2017 through 2021, and by misstating expenses associated with two purported businesses he claimed were operating at a loss — causing an estimated $287,000 in tax losses to the IRS, according to court filings.\u003c/p>\n\u003cp>Howard is scheduled to be sentenced Aug. 14 by U.S. District Judge Yvonne Gonzalez Rogers. He faces a maximum sentence of 20 years in prison, a $250,000 fine or twice the gross gain from the fraud, and must pay at least $549,132 in restitution to the EOBA.\u003c/p>\n\u003cp>Howard’s attorney, Randy Sue Pollock, declined to comment.\u003c/p>\n\u003cfigure id=\"attachment_11960197\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/AP23247692842290-scaled.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11960197\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/AP23247692842290-scaled.jpg\" alt='A man and a woman stand on a stage speaking with a huge banner behind the that says, \"Eat. Learn. Play.\"' width=\"2560\" height=\"1707\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/AP23247692842290-scaled.jpg 2560w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/AP23247692842290-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/AP23247692842290-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/AP23247692842290-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/AP23247692842290-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/AP23247692842290-2048x1365.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/AP23247692842290-1920x1280.jpg 1920w\" sizes=\"auto, (max-width: 2560px) 100vw, 2560px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Golden State Warriors’ star Stephen Curry (right) speaks next to his wife, Ayesha Curry, during a charity event at Stanford Golf Course in Stanford, Aug. 28, 2023. The Currys are major philanthropists in the Bay Area, and their Eat. Learn. Play. Foundation supports youth in Oakland, the Bay Area and beyond. \u003ccite>(Jeff Chiu/AP Photo)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Howard also admitted to pocketing a $50,000 check that the Currys \u003ca href=\"https://www.facebook.com/watch/?v=2377252442587352\">presented to him in 2019\u003c/a> as part of an episode of Ellen DeGeneres’ show, “Ellen’s Greatest Night of Giveaways.”\u003c/p>\n\u003cp>In the episode, Howard described the East Oakland Boxing Association as an after-school program “focused on keeping young folks off the streets and engaged in more holistic wellness activity.” He said it serves kids in “essentially kind of the forgotten part of Oakland, where a lot of poverty, crime, violence and negative activities happen.”\u003c/p>\n\u003cp>At the end of the episode, the Currys delivered a box-truck full of supplies and revealed the surprise check, donated by the show.\u003c/p>\n\u003cp>“Hopefully it goes a long way, man,” Steph Curry told Howard as the two men hugged.\u003c/p>\n\u003cp>“This was a devastating moment for our community but one that EOBA had been preparing for,” the organization said in a statement shortly after the charges were announced.\u003c/p>\n\u003cp>[aside postID=news_12029450 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/BoxingGetty-1020x701.jpg']\u003c/p>\n\u003cp>Founded in 1987, \u003ca href=\"https://www.eoba.org/youth-programs\">EOBA\u003c/a> offers boxing lessons to children and young adults, and provides a range of other youth development programming, including gardening, cooking and academic support. Most participants come from lower-income backgrounds.\u003c/p>\n\u003cp>“The kids that come to this program, they already don’t have much,” said Dawna Williams, EOBA’s interim executive director. That makes it that much harder to understand how “somebody [could] take it from them, what somebody entrusted us with.”\u003c/p>\n\u003cp>Williams said she was on the organization’s board of directors in 2021 when she began to notice numerous accounting irregularities. When she questioned Howard about it, he was suspiciously evasive, she said.\u003c/p>\n\u003cp>“We were met with lots of excuses and things like that,” she said. “And that was just like, ‘Oh no, something’s not right here. Something is really off.’”\u003c/p>\n\u003cp>As the board continued its probe, Howard abruptly laid off his entire staff of about nine people and then resigned, Williams said.\u003c/p>\n\u003cp>“He terminated everyone to kind of cover his tracks, I think,” she said. “We hired an independent accounting expert to come in and review our books, because he had also terminated the bookkeeper.”\u003c/p>\n\u003cp>“It was like a DOGE moment here,” she added, referring to Elon Musk’s Department of Government Efficiency.[aside postID=news_12030525 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/GettyImages-55804139_qed-1020x676.jpg']Williams said the board contacted the IRS in 2021, which referred the case to the U.S. Attorney’s Office.\u003c/p>\n\u003cp>“I knew that we could not allow somebody to do this to the kids and do this to the people who trusted us with this funding,” she said. “We knew that we had to find justice here. However long it took, whatever it took, we had to find justice.”\u003c/p>\n\u003cp>Since leaving EOBA, Howard has become a “transformational life coach,” \u003ca href=\"https://www.linkedin.com/in/solomonhoward/\">according to his LinkedIn profile\u003c/a>.\u003c/p>\n\u003cp>“He needs to have his day in court. And hopefully he makes some level of restitution,” Williams said. “I don’t think he’s remorseful at all.”\u003c/p>\n\u003cp>She said EOBA has since taken steps to ensure this will never happen again, including using an external bookkeeper and requiring multiple signatures on all checks.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“The small mom-and-pop nonprofits, they do need to have someone who is professionally there to manage their books and have some level of oversight,” she said. “I’m happy for us to have that oversight. That just keeps us on our Ps and Qs, [so] this will never happen again for us.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>On Wednesday, Howard acknowledged that he transferred the money without informing EOBA’s board or anyone else affiliated with the organization. He also admitted to tax evasion by failing to report the embezzled funds as income on his tax filings from 2017 through 2021, and by misstating expenses associated with two purported businesses he claimed were operating at a loss — causing an estimated $287,000 in tax losses to the IRS, according to court filings.\u003c/p>\n\u003cp>Howard is scheduled to be sentenced Aug. 14 by U.S. District Judge Yvonne Gonzalez Rogers. He faces a maximum sentence of 20 years in prison, a $250,000 fine or twice the gross gain from the fraud, and must pay at least $549,132 in restitution to the EOBA.\u003c/p>\n\u003cp>Howard’s attorney, Randy Sue Pollock, declined to comment.\u003c/p>\n\u003cfigure id=\"attachment_11960197\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/AP23247692842290-scaled.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11960197\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/AP23247692842290-scaled.jpg\" alt='A man and a woman stand on a stage speaking with a huge banner behind the that says, \"Eat. Learn. Play.\"' width=\"2560\" height=\"1707\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/AP23247692842290-scaled.jpg 2560w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/AP23247692842290-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/AP23247692842290-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/AP23247692842290-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/AP23247692842290-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/AP23247692842290-2048x1365.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/AP23247692842290-1920x1280.jpg 1920w\" sizes=\"auto, (max-width: 2560px) 100vw, 2560px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Golden State Warriors’ star Stephen Curry (right) speaks next to his wife, Ayesha Curry, during a charity event at Stanford Golf Course in Stanford, Aug. 28, 2023. The Currys are major philanthropists in the Bay Area, and their Eat. Learn. Play. Foundation supports youth in Oakland, the Bay Area and beyond. \u003ccite>(Jeff Chiu/AP Photo)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Howard also admitted to pocketing a $50,000 check that the Currys \u003ca href=\"https://www.facebook.com/watch/?v=2377252442587352\">presented to him in 2019\u003c/a> as part of an episode of Ellen DeGeneres’ show, “Ellen’s Greatest Night of Giveaways.”\u003c/p>\n\u003cp>In the episode, Howard described the East Oakland Boxing Association as an after-school program “focused on keeping young folks off the streets and engaged in more holistic wellness activity.” He said it serves kids in “essentially kind of the forgotten part of Oakland, where a lot of poverty, crime, violence and negative activities happen.”\u003c/p>\n\u003cp>At the end of the episode, the Currys delivered a box-truck full of supplies and revealed the surprise check, donated by the show.\u003c/p>\n\u003cp>“Hopefully it goes a long way, man,” Steph Curry told Howard as the two men hugged.\u003c/p>\n\u003cp>“This was a devastating moment for our community but one that EOBA had been preparing for,” the organization said in a statement shortly after the charges were announced.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Founded in 1987, \u003ca href=\"https://www.eoba.org/youth-programs\">EOBA\u003c/a> offers boxing lessons to children and young adults, and provides a range of other youth development programming, including gardening, cooking and academic support. Most participants come from lower-income backgrounds.\u003c/p>\n\u003cp>“The kids that come to this program, they already don’t have much,” said Dawna Williams, EOBA’s interim executive director. That makes it that much harder to understand how “somebody [could] take it from them, what somebody entrusted us with.”\u003c/p>\n\u003cp>Williams said she was on the organization’s board of directors in 2021 when she began to notice numerous accounting irregularities. When she questioned Howard about it, he was suspiciously evasive, she said.\u003c/p>\n\u003cp>“We were met with lots of excuses and things like that,” she said. “And that was just like, ‘Oh no, something’s not right here. Something is really off.’”\u003c/p>\n\u003cp>As the board continued its probe, Howard abruptly laid off his entire staff of about nine people and then resigned, Williams said.\u003c/p>\n\u003cp>“He terminated everyone to kind of cover his tracks, I think,” she said. “We hired an independent accounting expert to come in and review our books, because he had also terminated the bookkeeper.”\u003c/p>\n\u003cp>“It was like a DOGE moment here,” she added, referring to Elon Musk’s Department of Government Efficiency.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Williams said the board contacted the IRS in 2021, which referred the case to the U.S. Attorney’s Office.\u003c/p>\n\u003cp>“I knew that we could not allow somebody to do this to the kids and do this to the people who trusted us with this funding,” she said. “We knew that we had to find justice here. However long it took, whatever it took, we had to find justice.”\u003c/p>\n\u003cp>Since leaving EOBA, Howard has become a “transformational life coach,” \u003ca href=\"https://www.linkedin.com/in/solomonhoward/\">according to his LinkedIn profile\u003c/a>.\u003c/p>\n\u003cp>“He needs to have his day in court. And hopefully he makes some level of restitution,” Williams said. “I don’t think he’s remorseful at all.”\u003c/p>\n\u003cp>She said EOBA has since taken steps to ensure this will never happen again, including using an external bookkeeper and requiring multiple signatures on all checks.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“The small mom-and-pop nonprofits, they do need to have someone who is professionally there to manage their books and have some level of oversight,” she said. “I’m happy for us to have that oversight. That just keeps us on our Ps and Qs, [so] this will never happen again for us.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "East Bay Developers Charged With Bribery in Alleged Antioch Housing Scheme",
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"content": "\u003cp>Federal prosecutors this week announced bribery and conspiracy charges against the owners of an East Bay housing development firm, alleging they offered an \u003ca href=\"https://www.kqed.org/news/tag/antioch\">Antioch\u003c/a> city council member thousands of dollars to help approve a residential project in the city.\u003c/p>\n\u003cp>At least the alleged bribe was proffered in a reusable cup.\u003c/p>\n\u003cp>\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/Indictment-25-90-YGR.pdf\">According to the indictment\u003c/a>, David Sanson, 60, and his 33-year-old son, Trent Sanson, met on several occasions with the unnamed council member in June 2024. The owners of Concord-based DeNova Homes first offered $10,000 and then tried to sweeten the deal with an additional $5,000 in cash stuffed inside a travel coffee mug branded with the company’s logo.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The alleged transaction by the father-son duo came after a city of Antioch planning agency opposed approval of DeNova’s proposed 533-unit Aviano housing development, saying the company had not completed all required public infrastructure improvements.\u003c/p>\n\u003cp>The indictment describes a video-recorded meeting on June 12 between Trent Sanson, a Walnut Creek resident, and the council member, during which Sanson allegedly asked the council member to place a motion on the City Council agenda to approve the next phase of the project. He said his father, who now lives in Montana, was willing to pay $10,000 in exchange for the favor.\u003c/p>\n\u003cfigure id=\"attachment_12037277\" class=\"wp-caption aligncenter\" style=\"max-width: 1018px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-12037277 size-full\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/Federal-indicment-Anticoh.jpg\" alt=\"\" width=\"1018\" height=\"398\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/Federal-indicment-Anticoh.jpg 1018w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/Federal-indicment-Anticoh-800x313.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/Federal-indicment-Anticoh-160x63.jpg 160w\" sizes=\"auto, (max-width: 1018px) 100vw, 1018px\">\u003cfigcaption class=\"wp-caption-text\">Evidence from a federal indictment shows a travel mug with the DeNova Homes logo containing $5,000 in cash, which was allegedly given to an unnamed Antioch council member in 2024 in exchange for favorable treatment with development projects in the city. \u003ccite>(Courtesy of Northern District of California court records)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“You’re not going to see anything directly, but Dave will be doing something for you,” Trent Sanson allegedly told the council member during that first meeting, adding that his father would likely give $5,000 in cash and another $5,000 as a donation to a political action committee or as an independent expenditure.\u003c/p>\n\u003cp>Several weeks earlier, the council member had received a text from Trent Sanson requesting the meeting to discuss the project. The council member notified the FBI in advance, and agents set up the clandestine video recording.\u003c/p>\n\u003cp>When reached for comment, former Antioch City Councilmember Mike Barbanica, who was on the Council last year, declined to say whether he was the official who reported the alleged bribe.[aside postID=news_12031189 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250303-ANTIOCHPOLICE-11-BL-KQED-1020x680.jpg']“I’ve always had a policy that if there’s an active investigation, I don’t comment on it,” he told KQED, adding that elected officials had an obligation to “do business correctly, do business the right way.”\u003c/p>\n\u003cp>In a statement to KQED, Winston Chan, David Sanson’s attorney, referred to his client as “a respected business leader and philanthropist” with a 30-year track record of building homes in Northern California. Without providing specific details or evidence, he said David Sanson had been “trapped into a web of deceit” orchestrated by “a controversial local politico, whose own suspect personal motivations we look forward to exposing.”\u003c/p>\n\u003cp>“We are reviewing the government’s allegations closely and caution against any rush to judgment based on mere allegations that present a one-sided story. We are confident the facts will show that Dave is innocent,” Chan said.\u003c/p>\n\u003cp>He continued: “It’s incredibly disappointing that Dave’s reputation — built on a decades-long career of creating opportunities for residents of cities like Antioch, that have struggled for years to keep up with housing needs and other challenges — is being dragged through the mud.”\u003c/p>\n\u003cp>A representative for DeNova Homes, which has been building housing developments in cities across the Bay Area for 35 years, \u003ca href=\"https://www.sfchronicle.com/politics/article/bay-area-housing-developers-charged-bribery-20289384.php\">told the \u003cem>San Francisco Chronicle\u003c/em>\u003c/a> that the company was not implicated in the case and said that David Sanson is no longer involved in the company’s leadership or daily operations.\u003c/p>\n\u003cp>David Sanson is still listed on \u003ca href=\"https://www.denovahomes.com/about/management/\">the company’s site\u003c/a> as a founder and “Chief Executive Officer Emeritus.” There is no mention of his son.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Federal prosecutors this week announced bribery and conspiracy charges against the owners of an East Bay housing development firm, alleging they offered an \u003ca href=\"https://www.kqed.org/news/tag/antioch\">Antioch\u003c/a> city council member thousands of dollars to help approve a residential project in the city.\u003c/p>\n\u003cp>At least the alleged bribe was proffered in a reusable cup.\u003c/p>\n\u003cp>\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/Indictment-25-90-YGR.pdf\">According to the indictment\u003c/a>, David Sanson, 60, and his 33-year-old son, Trent Sanson, met on several occasions with the unnamed council member in June 2024. The owners of Concord-based DeNova Homes first offered $10,000 and then tried to sweeten the deal with an additional $5,000 in cash stuffed inside a travel coffee mug branded with the company’s logo.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The alleged transaction by the father-son duo came after a city of Antioch planning agency opposed approval of DeNova’s proposed 533-unit Aviano housing development, saying the company had not completed all required public infrastructure improvements.\u003c/p>\n\u003cp>The indictment describes a video-recorded meeting on June 12 between Trent Sanson, a Walnut Creek resident, and the council member, during which Sanson allegedly asked the council member to place a motion on the City Council agenda to approve the next phase of the project. He said his father, who now lives in Montana, was willing to pay $10,000 in exchange for the favor.\u003c/p>\n\u003cfigure id=\"attachment_12037277\" class=\"wp-caption aligncenter\" style=\"max-width: 1018px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-12037277 size-full\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/Federal-indicment-Anticoh.jpg\" alt=\"\" width=\"1018\" height=\"398\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/Federal-indicment-Anticoh.jpg 1018w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/Federal-indicment-Anticoh-800x313.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/Federal-indicment-Anticoh-160x63.jpg 160w\" sizes=\"auto, (max-width: 1018px) 100vw, 1018px\">\u003cfigcaption class=\"wp-caption-text\">Evidence from a federal indictment shows a travel mug with the DeNova Homes logo containing $5,000 in cash, which was allegedly given to an unnamed Antioch council member in 2024 in exchange for favorable treatment with development projects in the city. \u003ccite>(Courtesy of Northern District of California court records)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“You’re not going to see anything directly, but Dave will be doing something for you,” Trent Sanson allegedly told the council member during that first meeting, adding that his father would likely give $5,000 in cash and another $5,000 as a donation to a political action committee or as an independent expenditure.\u003c/p>\n\u003cp>Several weeks earlier, the council member had received a text from Trent Sanson requesting the meeting to discuss the project. The council member notified the FBI in advance, and agents set up the clandestine video recording.\u003c/p>\n\u003cp>When reached for comment, former Antioch City Councilmember Mike Barbanica, who was on the Council last year, declined to say whether he was the official who reported the alleged bribe.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“I’ve always had a policy that if there’s an active investigation, I don’t comment on it,” he told KQED, adding that elected officials had an obligation to “do business correctly, do business the right way.”\u003c/p>\n\u003cp>In a statement to KQED, Winston Chan, David Sanson’s attorney, referred to his client as “a respected business leader and philanthropist” with a 30-year track record of building homes in Northern California. Without providing specific details or evidence, he said David Sanson had been “trapped into a web of deceit” orchestrated by “a controversial local politico, whose own suspect personal motivations we look forward to exposing.”\u003c/p>\n\u003cp>“We are reviewing the government’s allegations closely and caution against any rush to judgment based on mere allegations that present a one-sided story. We are confident the facts will show that Dave is innocent,” Chan said.\u003c/p>\n\u003cp>He continued: “It’s incredibly disappointing that Dave’s reputation — built on a decades-long career of creating opportunities for residents of cities like Antioch, that have struggled for years to keep up with housing needs and other challenges — is being dragged through the mud.”\u003c/p>\n\u003cp>A representative for DeNova Homes, which has been building housing developments in cities across the Bay Area for 35 years, \u003ca href=\"https://www.sfchronicle.com/politics/article/bay-area-housing-developers-charged-bribery-20289384.php\">told the \u003cem>San Francisco Chronicle\u003c/em>\u003c/a> that the company was not implicated in the case and said that David Sanson is no longer involved in the company’s leadership or daily operations.\u003c/p>\n\u003cp>David Sanson is still listed on \u003ca href=\"https://www.denovahomes.com/about/management/\">the company’s site\u003c/a> as a founder and “Chief Executive Officer Emeritus.” There is no mention of his son.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"slug": "stanislaus-county-agrees-pay-22-5-million-settle-high-profile-malicious-prosecution-case",
"title": "Stanislaus County Agrees to Pay $22.5 Million to Settle a High-Profile Malicious Prosecution Case",
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"content": "\u003cp>Attorneys in Oakland representing a now-deceased high-profile criminal defense attorney announced a $22.5 million settlement on Thursday, ending a decades-long attempt to clear his and seven others’ names in what they allege was a malicious prosecution.\u003c/p>\n\u003cp>The settlement — which may be the largest civil rights settlement in state history, according to the attorneys — stems from the 2012 death of 26-year-old Korey Kauffman, a Turlock resident whose body hunters found the following year in Stanislaus National Forest. He was last seen alive at a property next to the home of prominent criminal defense attorney Frank Carson, who authorities \u003ca href=\"https://www.modbee.com/news/local/crime/article31405391.html\">arrested in 2015\u003c/a> and charged with Kauffman’s death, along with Carson’s wife, stepdaughter and \u003ca href=\"https://oaklandside.org/2021/07/27/lawyer-chp-officers-and-others-accused-in-murder-case-seeking-justice/\">three former California Highway Patrol officers\u003c/a>.\u003c/p>\n\u003cp>All told, the Stanislaus District Attorney’s Office charged eight people in connection with Kauffman’s death. The preliminary hearing — an early finding of fact that usually only takes hours or a few days to complete — stretched out over 18 months, with the defendants held on millions of dollars of bond as prosecutors alleged they were all part of a murder-for-hire plot against Kauffman over some petty thefts from Carson’s property.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>At the end of the preliminary hearing, Judge Barbara Zuniga said it was “not difficult” to dismiss murder charges against Georgia DeFilippo, Carson’s wife, and accessory to murder charges against Christina DeFilippo, Carson’s stepdaughter.\u003c/p>\n\u003cp>At a press conference on Thursday in Oakland, Georgia DeFilippo said the whole ordeal devastated her family, causing them to lose their business and home.\u003c/p>\n\u003cp>“We lost our faith in the system and our faith in the people of the county,” she said. “It just broke our hearts, broke our spirit, and it’s just something I don’t think I’m ever going to get over.”\u003c/p>\n\u003cfigure id=\"attachment_12036474\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12036474\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/250417-LAWYER-SETTLEMENT-MD-02-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/250417-LAWYER-SETTLEMENT-MD-02-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/250417-LAWYER-SETTLEMENT-MD-02-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/250417-LAWYER-SETTLEMENT-MD-02-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/250417-LAWYER-SETTLEMENT-MD-02-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/250417-LAWYER-SETTLEMENT-MD-02-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/250417-LAWYER-SETTLEMENT-MD-02-KQED-1920x1280.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">The offices of Gwilliam, Ivary, Chiosso, Cavalli & Brewer in Oakland on April 17, 2025. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Carson and brothers Daljit Atwal and Baljit Athwa were tried beginning in April 2018. Fourteen months later, all three were acquitted of all charges.\u003c/p>\n\u003cp>But DeFilippo said being in custody created irreparable damage to Carson’s body. He was diabetic, but she said he didn’t test his blood sugar because he didn’t want authorities to have a sample of his blood, fearing it could be planted as evidence against him.\u003c/p>\n\u003cp>As a result, “his blood pressure went sky high. His kidneys burned out,” DeFilippo said.\u003c/p>\n\u003cp>“He was just miserable,” she said. “We were both pretty disheartened by the whole thing. He lost his sense of humor. He lost so much weight, and he was so fragile.”\u003c/p>\n\u003cp>Carson died in August 2020, not long after the civil suits were filed. He was 66.\u003c/p>\n\u003cp>In lawsuits against the county, Carson and his co-defendants alleged that the charges brought against them were retaliation for Carson’s wins in court opposite the Stanislaus County District Attorney’s Office.\u003c/p>\n\u003cp>Jayme Walker, one of the lawyers representing Carson’s estate, said depositions for the civil case exposed “all the lies that were told again and again.”[aside postID=news_12035958 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-2B-KQED-1020x668.jpg']“What was most shocking throughout this civil case is that the defendants maintained that they were right … and the jury got it wrong,” she said. “Now with this enormous settlement on behalf of all eight people who were wrongfully arrested, finally Stanislaus County has taken some accountability for the lives that were destroyed in their political vendetta.”\u003c/p>\n\u003cp>The county employees behind the criminal charges are no longer with their respective offices, attorneys said.\u003c/p>\n\u003cp>J. Gary Gwilliam, another attorney representing the plaintiffs, said the case was about the government — specifically employees of the Stanislaus County sheriff and district attorneys offices and the Modesto Police Department — going after someone for political reasons, something that is “very topical of what’s going on in our country.”\u003c/p>\n\u003cp>“Why did they go after Frank Carson? Because he was a very good defense attorney. He’d taken them on, he’d beaten them, and they decided to frame him, quite frankly, and go after him in years and years of litigation,” Gwillliam said. “And I guess, in one way, they may have won their battle, because ultimately it cost him his life and it ruined his family.”\u003c/p>\n\u003cp>In a statement to KQED, Stanislaus County Counsel Thomas Boze said the county agreed to settle the cases “to avoid further protracted litigation and to eliminate the risk associated with a trial.”\u003c/p>\n\u003cp>County supervisors approved the settlement during a \u003ca href=\"https://www.stancounty.com/bos/agenda/currentagenda.pdf\">closed session of their April 15 meeting\u003c/a>. The trial was scheduled to begin on Monday.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Attorneys in Oakland representing a now-deceased high-profile criminal defense attorney announced a $22.5 million settlement on Thursday, ending a decades-long attempt to clear his and seven others’ names in what they allege was a malicious prosecution.\u003c/p>\n\u003cp>The settlement — which may be the largest civil rights settlement in state history, according to the attorneys — stems from the 2012 death of 26-year-old Korey Kauffman, a Turlock resident whose body hunters found the following year in Stanislaus National Forest. He was last seen alive at a property next to the home of prominent criminal defense attorney Frank Carson, who authorities \u003ca href=\"https://www.modbee.com/news/local/crime/article31405391.html\">arrested in 2015\u003c/a> and charged with Kauffman’s death, along with Carson’s wife, stepdaughter and \u003ca href=\"https://oaklandside.org/2021/07/27/lawyer-chp-officers-and-others-accused-in-murder-case-seeking-justice/\">three former California Highway Patrol officers\u003c/a>.\u003c/p>\n\u003cp>All told, the Stanislaus District Attorney’s Office charged eight people in connection with Kauffman’s death. The preliminary hearing — an early finding of fact that usually only takes hours or a few days to complete — stretched out over 18 months, with the defendants held on millions of dollars of bond as prosecutors alleged they were all part of a murder-for-hire plot against Kauffman over some petty thefts from Carson’s property.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>At the end of the preliminary hearing, Judge Barbara Zuniga said it was “not difficult” to dismiss murder charges against Georgia DeFilippo, Carson’s wife, and accessory to murder charges against Christina DeFilippo, Carson’s stepdaughter.\u003c/p>\n\u003cp>At a press conference on Thursday in Oakland, Georgia DeFilippo said the whole ordeal devastated her family, causing them to lose their business and home.\u003c/p>\n\u003cp>“We lost our faith in the system and our faith in the people of the county,” she said. “It just broke our hearts, broke our spirit, and it’s just something I don’t think I’m ever going to get over.”\u003c/p>\n\u003cfigure id=\"attachment_12036474\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12036474\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/250417-LAWYER-SETTLEMENT-MD-02-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/250417-LAWYER-SETTLEMENT-MD-02-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/250417-LAWYER-SETTLEMENT-MD-02-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/250417-LAWYER-SETTLEMENT-MD-02-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/250417-LAWYER-SETTLEMENT-MD-02-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/250417-LAWYER-SETTLEMENT-MD-02-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/250417-LAWYER-SETTLEMENT-MD-02-KQED-1920x1280.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">The offices of Gwilliam, Ivary, Chiosso, Cavalli & Brewer in Oakland on April 17, 2025. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Carson and brothers Daljit Atwal and Baljit Athwa were tried beginning in April 2018. Fourteen months later, all three were acquitted of all charges.\u003c/p>\n\u003cp>But DeFilippo said being in custody created irreparable damage to Carson’s body. He was diabetic, but she said he didn’t test his blood sugar because he didn’t want authorities to have a sample of his blood, fearing it could be planted as evidence against him.\u003c/p>\n\u003cp>As a result, “his blood pressure went sky high. His kidneys burned out,” DeFilippo said.\u003c/p>\n\u003cp>“He was just miserable,” she said. “We were both pretty disheartened by the whole thing. He lost his sense of humor. He lost so much weight, and he was so fragile.”\u003c/p>\n\u003cp>Carson died in August 2020, not long after the civil suits were filed. He was 66.\u003c/p>\n\u003cp>In lawsuits against the county, Carson and his co-defendants alleged that the charges brought against them were retaliation for Carson’s wins in court opposite the Stanislaus County District Attorney’s Office.\u003c/p>\n\u003cp>Jayme Walker, one of the lawyers representing Carson’s estate, said depositions for the civil case exposed “all the lies that were told again and again.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“What was most shocking throughout this civil case is that the defendants maintained that they were right … and the jury got it wrong,” she said. “Now with this enormous settlement on behalf of all eight people who were wrongfully arrested, finally Stanislaus County has taken some accountability for the lives that were destroyed in their political vendetta.”\u003c/p>\n\u003cp>The county employees behind the criminal charges are no longer with their respective offices, attorneys said.\u003c/p>\n\u003cp>J. Gary Gwilliam, another attorney representing the plaintiffs, said the case was about the government — specifically employees of the Stanislaus County sheriff and district attorneys offices and the Modesto Police Department — going after someone for political reasons, something that is “very topical of what’s going on in our country.”\u003c/p>\n\u003cp>“Why did they go after Frank Carson? Because he was a very good defense attorney. He’d taken them on, he’d beaten them, and they decided to frame him, quite frankly, and go after him in years and years of litigation,” Gwillliam said. “And I guess, in one way, they may have won their battle, because ultimately it cost him his life and it ruined his family.”\u003c/p>\n\u003cp>In a statement to KQED, Stanislaus County Counsel Thomas Boze said the county agreed to settle the cases “to avoid further protracted litigation and to eliminate the risk associated with a trial.”\u003c/p>\n\u003cp>County supervisors approved the settlement during a \u003ca href=\"https://www.stancounty.com/bos/agenda/currentagenda.pdf\">closed session of their April 15 meeting\u003c/a>. The trial was scheduled to begin on Monday.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"title": "Mistrial Declared in FCI Dublin Sex Abuse Case After Jury Deadlocks on All Charges",
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"headTitle": "Mistrial Declared in FCI Dublin Sex Abuse Case After Jury Deadlocks on All Charges | KQED",
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"content": "\u003cp>The jury deciding the fate of \u003ca href=\"https://www.kqed.org/news/12031584/east-bay-prison-sex-abuse-trial-opens-account-guards-ultimate-control\">Darrell Wayne Smith\u003c/a>, the final former \u003ca href=\"https://www.kqed.org/news/tag/fci-dublin\">FCI Dublin\u003c/a> official \u003ca href=\"https://www.kqed.org/news/12031367/for-years-abuse-plagued-an-east-bay-prison-dubbed-the-rape-club-one-trial-remains\">charged with sexual misconduct\u003c/a> at the East Bay federal women’s prison, was unable to reach a unanimous decision on Monday, leading the judge to declare a mistrial.\u003c/p>\n\u003cp>Smith, who was a counselor and later correctional officer at FCI Dublin, was \u003ca href=\"https://www.kqed.org/news/12032044/in-court-women-detail-abuse-east-bay-federal-prison-officer\">charged with 15 counts of sexual misconduct\u003c/a> against five incarcerated women who were under his watch between 2017 and 2021. The most serious charge, aggravated sexual assault, carried up to a life sentence.\u003c/p>\n\u003cp>After nearly six days of deliberation at a federal courthouse in Oakland, the jury returned deadlocked Monday afternoon, unable to reach a decision on any of the counts against Smith. A new trial date has been set for Sept. 15, according to the U.S. Attorney’s Office.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Smith was among eight officials charged after a sprawling FBI probe into a culture of abuse, retaliation and cover-up at the prison, which was \u003ca href=\"https://www.kqed.org/news/12017117/east-bay-federal-prison-plagued-sex-abuse-scandal-close-permanently\">shuttered last year\u003c/a>. The other seven, including former warden Ray Garcia and staff chaplain James Theodore Highhouse, have been sentenced.\u003c/p>\n\u003cp>Women who accused Smith of abuse began to come forward with stories of being threatened, groped and even ordered to have sex with him in 2022, after Garcia was walked off the grounds and reports against other officers began to come to light.\u003c/p>\n\u003cfigure id=\"attachment_11979627\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11979627\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/03/230816-FCI-DUBLIN-WOMENS-PRISON-MD-02_qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/03/230816-FCI-DUBLIN-WOMENS-PRISON-MD-02_qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/03/230816-FCI-DUBLIN-WOMENS-PRISON-MD-02_qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/03/230816-FCI-DUBLIN-WOMENS-PRISON-MD-02_qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/03/230816-FCI-DUBLIN-WOMENS-PRISON-MD-02_qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/03/230816-FCI-DUBLIN-WOMENS-PRISON-MD-02_qut-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">FCI Dublin Women’s Prison in Dublin on Aug. 16, 2023. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>During his weekslong trial, Smith’s accusers and another half-dozen women who were formerly incarcerated at Dublin recounted to the jury the abuse they say he perpetrated.\u003c/p>\n\u003cp>“The defendant’s abuse broke me, it finished me,” testified one of the women, who said Smith abused her in the laundry room and supply closet of the housing unit she lived in.\u003c/p>\n\u003cp>“The damage he cost me is more painful than anything, and I don’t think I can recover from it,” she said.\u003c/p>\n\u003cp>But the defense made a case for Smith’s \u003ca href=\"https://www.kqed.org/news/12033203/defense-casts-victims-as-manipulative-in-east-bay-prison-sex-abuse-trial-with-more-ahead\">own victimization\u003c/a> by FCI Dublin — painting him as a low-level guard who was taken advantage of by women who spun rumors that hurt his reputation and later capitalized on them to frame him as an abuser.[aside postID=news_12032044 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-1A-KQED-1020x574.jpg']“Inmates had the ability to report him … and when it suited them, they did,” defense attorney Naomi Chung said during her \u003ca href=\"https://www.kqed.org/news/12034726/sex-abuse-case-could-put-former-fci-dublin-guard-prison-life-goes-jury\">closing argument\u003c/a> last week.\u003c/p>\n\u003cp>She said that he was falsely accused of an inappropriate relationship with a woman when he was a correctional counselor — which the woman testified to during trial — and given the nickname “Dirty Dick” over a “petty comment” he made about another woman’s hair. The prosecution had painted the nickname as a testament to his flirty and unprofessional nature.\u003c/p>\n\u003cp>“The reports came after Warden Garcia was walked off the compound, and it became clear that benefits were on the table,” Chung said, referring to the fact that some of his accusers were granted compassionate release because of the allegations of abuse. “That’s when one by one the accusations against ‘Dirty Dick’ started coming in.\u003c/p>\n\u003cp>“This wasn’t a case of ultimate control, it was ultimate convenience.”\u003c/p>\n\u003cp>Four of Smith’s accusers have already received payouts as part of a \u003ca href=\"https://www.kqed.org/news/12018828/prison-sex-abuse-survivor-speaks-on-fci-dublins-cultural-rot-after-record-settlement\">civil suit against the Federal Bureau of Prisons\u003c/a> that was settled in December. The $116 million agreement, divided among more than 100 victims of officials at Dublin, was the largest ever awarded to sexual assault survivors in U.S. prison history.\u003c/p>\n\u003cp>A class-action suit, filed on behalf of hundreds of incarcerated women, was also settled in February when a judge awarded additional protections and a formal acknowledgment of the damage caused by the Bureau of Prisons.\u003c/p>\n\u003cp>\u003c/p>\n",
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"excerpt": "Jurors could not reach a verdict in the federal trial against Darrell Wayne Smith, a former FCI Dublin officer accused of sexually abusing five incarcerated women.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The jury deciding the fate of \u003ca href=\"https://www.kqed.org/news/12031584/east-bay-prison-sex-abuse-trial-opens-account-guards-ultimate-control\">Darrell Wayne Smith\u003c/a>, the final former \u003ca href=\"https://www.kqed.org/news/tag/fci-dublin\">FCI Dublin\u003c/a> official \u003ca href=\"https://www.kqed.org/news/12031367/for-years-abuse-plagued-an-east-bay-prison-dubbed-the-rape-club-one-trial-remains\">charged with sexual misconduct\u003c/a> at the East Bay federal women’s prison, was unable to reach a unanimous decision on Monday, leading the judge to declare a mistrial.\u003c/p>\n\u003cp>Smith, who was a counselor and later correctional officer at FCI Dublin, was \u003ca href=\"https://www.kqed.org/news/12032044/in-court-women-detail-abuse-east-bay-federal-prison-officer\">charged with 15 counts of sexual misconduct\u003c/a> against five incarcerated women who were under his watch between 2017 and 2021. The most serious charge, aggravated sexual assault, carried up to a life sentence.\u003c/p>\n\u003cp>After nearly six days of deliberation at a federal courthouse in Oakland, the jury returned deadlocked Monday afternoon, unable to reach a decision on any of the counts against Smith. A new trial date has been set for Sept. 15, according to the U.S. Attorney’s Office.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Smith was among eight officials charged after a sprawling FBI probe into a culture of abuse, retaliation and cover-up at the prison, which was \u003ca href=\"https://www.kqed.org/news/12017117/east-bay-federal-prison-plagued-sex-abuse-scandal-close-permanently\">shuttered last year\u003c/a>. The other seven, including former warden Ray Garcia and staff chaplain James Theodore Highhouse, have been sentenced.\u003c/p>\n\u003cp>Women who accused Smith of abuse began to come forward with stories of being threatened, groped and even ordered to have sex with him in 2022, after Garcia was walked off the grounds and reports against other officers began to come to light.\u003c/p>\n\u003cfigure id=\"attachment_11979627\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11979627\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/03/230816-FCI-DUBLIN-WOMENS-PRISON-MD-02_qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/03/230816-FCI-DUBLIN-WOMENS-PRISON-MD-02_qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/03/230816-FCI-DUBLIN-WOMENS-PRISON-MD-02_qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/03/230816-FCI-DUBLIN-WOMENS-PRISON-MD-02_qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/03/230816-FCI-DUBLIN-WOMENS-PRISON-MD-02_qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/03/230816-FCI-DUBLIN-WOMENS-PRISON-MD-02_qut-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">FCI Dublin Women’s Prison in Dublin on Aug. 16, 2023. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>During his weekslong trial, Smith’s accusers and another half-dozen women who were formerly incarcerated at Dublin recounted to the jury the abuse they say he perpetrated.\u003c/p>\n\u003cp>“The defendant’s abuse broke me, it finished me,” testified one of the women, who said Smith abused her in the laundry room and supply closet of the housing unit she lived in.\u003c/p>\n\u003cp>“The damage he cost me is more painful than anything, and I don’t think I can recover from it,” she said.\u003c/p>\n\u003cp>But the defense made a case for Smith’s \u003ca href=\"https://www.kqed.org/news/12033203/defense-casts-victims-as-manipulative-in-east-bay-prison-sex-abuse-trial-with-more-ahead\">own victimization\u003c/a> by FCI Dublin — painting him as a low-level guard who was taken advantage of by women who spun rumors that hurt his reputation and later capitalized on them to frame him as an abuser.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“Inmates had the ability to report him … and when it suited them, they did,” defense attorney Naomi Chung said during her \u003ca href=\"https://www.kqed.org/news/12034726/sex-abuse-case-could-put-former-fci-dublin-guard-prison-life-goes-jury\">closing argument\u003c/a> last week.\u003c/p>\n\u003cp>She said that he was falsely accused of an inappropriate relationship with a woman when he was a correctional counselor — which the woman testified to during trial — and given the nickname “Dirty Dick” over a “petty comment” he made about another woman’s hair. The prosecution had painted the nickname as a testament to his flirty and unprofessional nature.\u003c/p>\n\u003cp>“The reports came after Warden Garcia was walked off the compound, and it became clear that benefits were on the table,” Chung said, referring to the fact that some of his accusers were granted compassionate release because of the allegations of abuse. “That’s when one by one the accusations against ‘Dirty Dick’ started coming in.\u003c/p>\n\u003cp>“This wasn’t a case of ultimate control, it was ultimate convenience.”\u003c/p>\n\u003cp>Four of Smith’s accusers have already received payouts as part of a \u003ca href=\"https://www.kqed.org/news/12018828/prison-sex-abuse-survivor-speaks-on-fci-dublins-cultural-rot-after-record-settlement\">civil suit against the Federal Bureau of Prisons\u003c/a> that was settled in December. The $116 million agreement, divided among more than 100 victims of officials at Dublin, was the largest ever awarded to sexual assault survivors in U.S. prison history.\u003c/p>\n\u003cp>A class-action suit, filed on behalf of hundreds of incarcerated women, was also settled in February when a judge awarded additional protections and a formal acknowledgment of the damage caused by the Bureau of Prisons.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Ever since voters \u003ca href=\"https://www.kqed.org/news/12012656/proposition-36-californias-newest-tough-on-crime-measure-appears-headed-for-victory\">overwhelmingly approved Proposition 36\u003c/a> last fall, there’s been a \u003ca href=\"https://www.kqed.org/news/12030919/californias-tough-on-crime-shift-hits-roadblock-who-will-pay-for-prop-36\">hot debate in Sacramento over how to pay\u003c/a> for the new drug and mental health treatment programs outlined in the tough-on-crime ballot measure.\u003c/p>\n\u003cp>Now, officials at one state agency say they have \u003ca href=\"https://www.bscc.ca.gov/wp-content/uploads/2025/04/Agenda-Item-C-Prop-47-Cohort-5-Request-for-Proposals-4.10.25-FINAL.pdf\">a pot of money available\u003c/a> to help fund the voter-approved initiative, even as they warn that the funding will dry up in future years — because of Proposition 36.\u003c/p>\n\u003cp>At issue are grant funds handed out by the Board of State and Community Corrections to cities, counties and community groups that run mental health, substance use treatment and diversion programs. The BSCC has \u003ca href=\"https://www.kqed.org/news/11986380/prop-47-has-saved-california-millions-these-are-the-programs-its-funded\">handed out nearly $500 million in grant money over the past decade to successful programs\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>That money comes from prison savings created by a previous ballot measure known as Proposition 47, which resulted in fewer shoplifters and drug users being sent to prison because it made those crimes misdemeanors.\u003c/p>\n\u003cp>However, Proposition 36 essentially reversed that by allowing prosecutors to charge repeat thieves and drug users with felonies. The initiative also offers offenders another path: People facing felony charges under Proposition 36 can get those charges dropped if they participate in treatment.\u003c/p>\n\u003cp>It’s those court-mandated treatment programs that the BSCC is offering to fund. The agency’s board is scheduled to vote Thursday morning on whether to release $127 million in new, competitive grants.\u003c/p>\n\u003cp>BSCC Executive Director Aaron Maguire said it makes sense to open up the grants to Proposition 36 programs because they fit with the intent of the grants.\u003c/p>\n\u003cp>“It is for substance use disorder treatment and mental health treatment for people who basically have been at one time involved, or are currently involved, in the criminal justice processes,” he said.\u003c/p>\n\u003cp>[aside postID=news_11986218 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/05/AP24135825405021-KQED-1020x680.jpg']\u003c/p>\n\u003cp>It’s a small win for supporters of Proposition 36, who have been pressuring Gov. Gavin Newsom and Democratic legislative leaders to fund the “court-mandated treatment” outlined in Proposition 36, so far with little success.\u003c/p>\n\u003cp>“It is a positive first step, but that’s all it is — the first step,” said Orange County Democratic state Sen. Tom Umberg, who backed Proposition 36 and has written several bills aimed at implementing and funding the measure.\u003c/p>\n\u003cp>Umberg is also asking legislative leaders to include $250 million in next year’s budget to help stand up the drug treatment programs outlined in Proposition 36.\u003c/p>\n\u003cp>Newsom and Democratic leaders opposed Proposition 36, which passed with more than 60% voter support.\u003c/p>\n\u003cp>“I want to make sure that the mandate that the voters issued is fulfilled,” Umberg said.\u003c/p>\n\u003cp>However, critics of Proposition 36 say that using Proposition 47 grant money to fund these court-mandated treatment programs will hurt, not help, public safety. Opponents of the ballot measure \u003ca href=\"https://www.kqed.org/news/12012013/can-tough-on-crime-prop-36-solve-theft-drug-use-and-homelessness-despite-no-new-funding\">warned from the beginning\u003c/a> that the initiative didn’t include funding to pay for the promises it was making and say it’s short-sighted to divert money from incredibly successful Proposition 47 programs, which have been \u003ca href=\"https://www.bscc.ca.gov/wp-content/uploads/2024/02/H-2-Proposition-47-Cohort-2-Final-Evaluation-Report-FINAL-1.pdf\">shown to reduce recidivism\u003c/a>.\u003c/p>\n\u003cp>Among those critics was the governor himself.\u003c/p>\n\u003cp>“As prison costs rise under Prop. 36’s tough-on-drugs approach, it’s ironic that the money saved by Prop. 47 is being used to cover Prop. 36’s costs,” Newsom said in a statement.\u003c/p>\n\u003cp>Anthony DiMartino of Californians for Safety and Justice, which wrote Proposition 47, told lawmakers in a hearing this week that opening up the grants to Proposition 36 programs will result in “significant cuts to effective community-based programs.”\u003c/p>\n\u003cp>He warned that this would happen as Proposition 47 grant funding decreased because as more people go to prison under Proposition 36, savings would go down.\u003c/p>\n\u003cp>That will pose counties with “an impossible choice,” DiMartino said, “by pitting a wide array of successful programs against treatment-mandated felony programs fighting for resources from the same shrinking funding source.”\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Ever since voters \u003ca href=\"https://www.kqed.org/news/12012656/proposition-36-californias-newest-tough-on-crime-measure-appears-headed-for-victory\">overwhelmingly approved Proposition 36\u003c/a> last fall, there’s been a \u003ca href=\"https://www.kqed.org/news/12030919/californias-tough-on-crime-shift-hits-roadblock-who-will-pay-for-prop-36\">hot debate in Sacramento over how to pay\u003c/a> for the new drug and mental health treatment programs outlined in the tough-on-crime ballot measure.\u003c/p>\n\u003cp>Now, officials at one state agency say they have \u003ca href=\"https://www.bscc.ca.gov/wp-content/uploads/2025/04/Agenda-Item-C-Prop-47-Cohort-5-Request-for-Proposals-4.10.25-FINAL.pdf\">a pot of money available\u003c/a> to help fund the voter-approved initiative, even as they warn that the funding will dry up in future years — because of Proposition 36.\u003c/p>\n\u003cp>At issue are grant funds handed out by the Board of State and Community Corrections to cities, counties and community groups that run mental health, substance use treatment and diversion programs. The BSCC has \u003ca href=\"https://www.kqed.org/news/11986380/prop-47-has-saved-california-millions-these-are-the-programs-its-funded\">handed out nearly $500 million in grant money over the past decade to successful programs\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>That money comes from prison savings created by a previous ballot measure known as Proposition 47, which resulted in fewer shoplifters and drug users being sent to prison because it made those crimes misdemeanors.\u003c/p>\n\u003cp>However, Proposition 36 essentially reversed that by allowing prosecutors to charge repeat thieves and drug users with felonies. The initiative also offers offenders another path: People facing felony charges under Proposition 36 can get those charges dropped if they participate in treatment.\u003c/p>\n\u003cp>It’s those court-mandated treatment programs that the BSCC is offering to fund. The agency’s board is scheduled to vote Thursday morning on whether to release $127 million in new, competitive grants.\u003c/p>\n\u003cp>BSCC Executive Director Aaron Maguire said it makes sense to open up the grants to Proposition 36 programs because they fit with the intent of the grants.\u003c/p>\n\u003cp>“It is for substance use disorder treatment and mental health treatment for people who basically have been at one time involved, or are currently involved, in the criminal justice processes,” he said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>It’s a small win for supporters of Proposition 36, who have been pressuring Gov. Gavin Newsom and Democratic legislative leaders to fund the “court-mandated treatment” outlined in Proposition 36, so far with little success.\u003c/p>\n\u003cp>“It is a positive first step, but that’s all it is — the first step,” said Orange County Democratic state Sen. Tom Umberg, who backed Proposition 36 and has written several bills aimed at implementing and funding the measure.\u003c/p>\n\u003cp>Umberg is also asking legislative leaders to include $250 million in next year’s budget to help stand up the drug treatment programs outlined in Proposition 36.\u003c/p>\n\u003cp>Newsom and Democratic leaders opposed Proposition 36, which passed with more than 60% voter support.\u003c/p>\n\u003cp>“I want to make sure that the mandate that the voters issued is fulfilled,” Umberg said.\u003c/p>\n\u003cp>However, critics of Proposition 36 say that using Proposition 47 grant money to fund these court-mandated treatment programs will hurt, not help, public safety. Opponents of the ballot measure \u003ca href=\"https://www.kqed.org/news/12012013/can-tough-on-crime-prop-36-solve-theft-drug-use-and-homelessness-despite-no-new-funding\">warned from the beginning\u003c/a> that the initiative didn’t include funding to pay for the promises it was making and say it’s short-sighted to divert money from incredibly successful Proposition 47 programs, which have been \u003ca href=\"https://www.bscc.ca.gov/wp-content/uploads/2024/02/H-2-Proposition-47-Cohort-2-Final-Evaluation-Report-FINAL-1.pdf\">shown to reduce recidivism\u003c/a>.\u003c/p>\n\u003cp>Among those critics was the governor himself.\u003c/p>\n\u003cp>“As prison costs rise under Prop. 36’s tough-on-drugs approach, it’s ironic that the money saved by Prop. 47 is being used to cover Prop. 36’s costs,” Newsom said in a statement.\u003c/p>\n\u003cp>Anthony DiMartino of Californians for Safety and Justice, which wrote Proposition 47, told lawmakers in a hearing this week that opening up the grants to Proposition 36 programs will result in “significant cuts to effective community-based programs.”\u003c/p>\n\u003cp>He warned that this would happen as Proposition 47 grant funding decreased because as more people go to prison under Proposition 36, savings would go down.\u003c/p>\n\u003cp>That will pose counties with “an impossible choice,” DiMartino said, “by pitting a wide array of successful programs against treatment-mandated felony programs fighting for resources from the same shrinking funding source.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003ca href=\"https://www.kqed.org/news/12013122/san-jose-councilmember-omar-torres-resigns-arrested\">Former San José City Councilmember Omar Torres\u003c/a> pleaded no contest on Tuesday to three child sexual abuse charges stemming from when he was a young man, the Santa Clara County District Attorney’s Office said.\u003c/p>\n\u003cp>The plea, entered at the Hall of Justice in San José, comes about five months after Torres resigned from the council on election day and was arrested. Torres was charged and convicted of sodomy, oral copulation and lewd and lascivious acts on a minor under the age of 14.\u003c/p>\n\u003cp>He was accused of abusing a relative for years, starting when Torres was also a minor and continuing after he turned 18 in 1999.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“It is heartbreaking that someone elected to represent and serve thousands of San Jose residents had previously molested a small child,” District Attorney Jeff Rosen said in a statement on Tuesday. “Children are vulnerable and precious, and my office will do everything in our legal power to fight for their safety and fully prosecute those who hurt them.”\u003c/p>\n\u003cp>While Torres was in court on Tuesday, polls were open in San José for a \u003ca href=\"https://www.kqed.org/news/12033826/low-turnout-high-stakes-district-3-election-could-shift-power-san-jose\">special election\u003c/a> to fill the District 3 seat on the City Council that Torres vacated when he resigned. The race is \u003ca href=\"https://www.kqed.org/news/12034920/san-jose-city-council-election-headed-to-runoff-chavez-lopez-leads\">headed to a June 24 runoff\u003c/a>.[aside postID=news_12034920 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/250408-SanJoseSpecialElection-15-BL.jpg']\u003c/p>\n\u003cp>The council appointed businessman Carl Salas in January to hold the seat until a new council member is elected. If no candidate receives a majority of the vote, a runoff between the top two finishers will be held on June 24.\u003c/p>\n\u003cp>The results of the election could shape the balance of power on the governing body and influence the future of Mayor Matt Mahan’s policy agenda.\u003c/p>\n\u003cp>Nelson McElmurry, Torres’ attorney, wasn’t immediately available for comment on Tuesday afternoon.\u003c/p>\n\u003cp>The victim in the case came forward in November after reports surfaced last fall of a separate police investigation into Torres over allegations of sexual abuse of a minor. No charges have been filed from the earlier investigation.\u003c/p>\n\u003cp>Police recorded a phone call from the relative to Torres in early November, during which investigators said Torres admitted to the crimes.\u003c/p>\n\u003cp>“From the bottom of my heart, I’m so sorry that I hurt you,” Torres said to the victim during the call, according to the police report. “I’m in intense therapy right now to, you know, to work on myself, and I haven’t stopped thinking about the harm that I caused you.”\u003c/p>\n\u003cp>Torres faces up to a maximum of 24 years in prison, though a county judge will have the final decision at a sentencing later this year. Torres will also be required to register as a sex offender.\u003c/p>\n\u003cp>\u003c/p>\n",
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"excerpt": "Omar Torres pleaded no contest to three charges of child sexual abuse on Tuesday while polls opened to elect his replacement on the San José City Council.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“It is heartbreaking that someone elected to represent and serve thousands of San Jose residents had previously molested a small child,” District Attorney Jeff Rosen said in a statement on Tuesday. “Children are vulnerable and precious, and my office will do everything in our legal power to fight for their safety and fully prosecute those who hurt them.”\u003c/p>\n\u003cp>While Torres was in court on Tuesday, polls were open in San José for a \u003ca href=\"https://www.kqed.org/news/12033826/low-turnout-high-stakes-district-3-election-could-shift-power-san-jose\">special election\u003c/a> to fill the District 3 seat on the City Council that Torres vacated when he resigned. The race is \u003ca href=\"https://www.kqed.org/news/12034920/san-jose-city-council-election-headed-to-runoff-chavez-lopez-leads\">headed to a June 24 runoff\u003c/a>.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The council appointed businessman Carl Salas in January to hold the seat until a new council member is elected. If no candidate receives a majority of the vote, a runoff between the top two finishers will be held on June 24.\u003c/p>\n\u003cp>The results of the election could shape the balance of power on the governing body and influence the future of Mayor Matt Mahan’s policy agenda.\u003c/p>\n\u003cp>Nelson McElmurry, Torres’ attorney, wasn’t immediately available for comment on Tuesday afternoon.\u003c/p>\n\u003cp>The victim in the case came forward in November after reports surfaced last fall of a separate police investigation into Torres over allegations of sexual abuse of a minor. No charges have been filed from the earlier investigation.\u003c/p>\n\u003cp>Police recorded a phone call from the relative to Torres in early November, during which investigators said Torres admitted to the crimes.\u003c/p>\n\u003cp>“From the bottom of my heart, I’m so sorry that I hurt you,” Torres said to the victim during the call, according to the police report. “I’m in intense therapy right now to, you know, to work on myself, and I haven’t stopped thinking about the harm that I caused you.”\u003c/p>\n\u003cp>Torres faces up to a maximum of 24 years in prison, though a county judge will have the final decision at a sentencing later this year. Torres will also be required to register as a sex offender.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"title": "Sex Abuse Case That Could Put Former FCI Dublin Guard in Prison for Life Goes to Jury",
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"content": "\u003cp>The fate of former \u003ca href=\"https://www.kqed.org/news/tag/fci-dublin\">FCI Dublin\u003c/a> correctional officer Darrell Wayne Smith is now in the hands of a jury, who will have to decide whether he is guilty of \u003ca href=\"https://www.kqed.org/news/12031584/east-bay-prison-sex-abuse-trial-opens-account-guards-ultimate-control\">sexual abuse\u003c/a> or another “victim” of the prison, as suggested by his defense.\u003c/p>\n\u003cp>His case will bring to a close the criminal proceedings stemming from a sprawling investigation into a culture of sexual abuse, cover-up and retaliation at the \u003ca href=\"https://www.kqed.org/news/12031367/for-years-abuse-plagued-an-east-bay-prison-dubbed-the-rape-club-one-trial-remains\">now-shuttered East Bay federal prison\u003c/a>, as he is the final former official to face trial. Seven others, including the warden, have been sentenced.\u003c/p>\n\u003cp>Smith is charged with 15 counts related to the sexual abuse of five women formerly incarcerated at FCI Dublin between 2017 and 2021. During closing arguments on Monday, prosecutors described him as “untouchable.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“The defendant abused all of these women with impunity,” Assistant U.S. Attorney Andrew Paulson said. “He thought that his power, threats and intimidation would insulate him — his buddies would insulate him. Indeed, that’s what the defense is hoping will insulate him today.\u003c/p>\n\u003cp>“The defendant wants you to view these women like he did: as objects … as felons … especially because some of them have immigration issues and have filed lawsuits [against him and the prison].”\u003c/p>\n\u003cp>Smith is accused of touching the women’s buttocks and vaginas, forcing them to show their breasts and ordering one woman to have sex with him — allegations uncovered by the FBI probe that ensnared several other prison officials.\u003c/p>\n\u003cfigure id=\"attachment_12031941\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12031941\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-3-KQED-1.jpg\" alt=\"\" width=\"2000\" height=\"1404\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-3-KQED-1.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-3-KQED-1-800x562.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-3-KQED-1-1020x716.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-3-KQED-1-160x112.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-3-KQED-1-1536x1078.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-3-KQED-1-1920x1348.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">A courtroom sketch shows former FCI Dublin correctional officer Darrell Wayne Smith, right, listening as a witness testifies in federal court in Oakland on March 18, 2025. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>However, Smith’s defense argued that his case is different, calling him an outlier among those who were charged. Defense attorney Naomi Chung told the jury that the trial lacked context of Smith’s own mistreatment at Dublin.\u003c/p>\n\u003cp>Chung said that Smith’s time working at Dublin became a “nightmare” after rumors began swirling about an alleged inappropriate relationship between him and a woman incarcerated at the prison in 2016. At the time, he was a correctional counselor, but amid an investigation into the alleged relationship — which the woman testified was untrue — he was demoted from a counselor to a guard, bringing a downgrade in pay and status.\u003c/p>\n\u003cp>Chung alleged that Smith was hated by then-Warden Ray Garcia and other management staff since he was a “thorn in their side,” picketing for FCI Dublin’s union and standing up for workers’ rights. The investigation into Smith spanned six years, and he was ultimately given a six-day suspension in May 2021 for the “appearance of an inappropriate relationship.”[aside postID=news_12032044 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-1A-KQED-1020x574.jpg']She said that the prosecution’s argument that Smith was powerful had “cracks” in it that “are not small. They’re big enough to drive reasonable doubt right through this entire case.”\u003c/p>\n\u003cp>Chung said it “goes against common sense” to assume Smith would be “brazenly” assaulting women during periods of intense scrutiny — especially when management had access to real-time camera feeds in the housing units. It makes more sense, she argued, that after Garcia was walked off the prison grounds over the abuse allegations — and a special task force came to Dublin as more officials faced similar allegations — “Smith became a scapegoat.”\u003c/p>\n\u003cp>“The rumors [about Smith’s demotion] had spread like wildfire throughout the whole prison … and his nickname [“Dirty Dick,” according to testimony] … became a weapon,” she told jurors.\u003c/p>\n\u003cp>Assistant U.S. Attorney Sailaja Paidipaty pushed back, asking: “What was [Smith] so paranoid after that big six-year investigation? A six-day suspension?” That was not the punishment of a management that hated Smith and was set on retaliating against him, she told the jury.\u003c/p>\n\u003cfigure id=\"attachment_11987297\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11987297\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/05/240408-FCIDublin-008-BL_qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/05/240408-FCIDublin-008-BL_qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/05/240408-FCIDublin-008-BL_qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/05/240408-FCIDublin-008-BL_qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/05/240408-FCIDublin-008-BL_qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/05/240408-FCIDublin-008-BL_qut-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">The Federal Correctional Institution, Dublin, a prison for women, in Dublin on April 8, 2024. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The defense also sought to cast doubt on the women who testified that they had been abused by Smith, citing discrepancies in the indictment and their testimony and pointing to the fact that many women had the same lawyers and brought forward allegations around the same time.\u003c/p>\n\u003cp>“The timing matters,” Chung said. “None of the accusers came forward until Dublin was in scandal. Because what happens when you put a group of people in a desperate situation and then show them a golden ticket? A ticket that gets you closer to home, a payout, even released. The answer is obvious.”\u003c/p>\n\u003cp>Again, Paidipaty countered that in the years between interviews with lawyers and re-telling their stories, it is not uncommon for victims to forget or become more blurry on some details.\u003c/p>\n\u003cp>“That doesn’t mean they’re liars,” she said. “That means they are trying as hard as they can to remember and give accurate information.”\u003c/p>\n\u003cp>Before the jury left the courtroom to begin deliberations, both the defense and the prosecution asked them to consider the context surrounding this case.\u003c/p>\n\u003cp>“Context does matter, and the context here is a prison,” Paidipaty said. “They want you to believe that the inmates had the power. The people in the cells. Who had the keys?”\u003c/p>\n\u003cp>The jury is set to begin deliberations on Tuesday and could return a verdict this week. If convicted, Smith could face up to a life sentence.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The fate of former \u003ca href=\"https://www.kqed.org/news/tag/fci-dublin\">FCI Dublin\u003c/a> correctional officer Darrell Wayne Smith is now in the hands of a jury, who will have to decide whether he is guilty of \u003ca href=\"https://www.kqed.org/news/12031584/east-bay-prison-sex-abuse-trial-opens-account-guards-ultimate-control\">sexual abuse\u003c/a> or another “victim” of the prison, as suggested by his defense.\u003c/p>\n\u003cp>His case will bring to a close the criminal proceedings stemming from a sprawling investigation into a culture of sexual abuse, cover-up and retaliation at the \u003ca href=\"https://www.kqed.org/news/12031367/for-years-abuse-plagued-an-east-bay-prison-dubbed-the-rape-club-one-trial-remains\">now-shuttered East Bay federal prison\u003c/a>, as he is the final former official to face trial. Seven others, including the warden, have been sentenced.\u003c/p>\n\u003cp>Smith is charged with 15 counts related to the sexual abuse of five women formerly incarcerated at FCI Dublin between 2017 and 2021. During closing arguments on Monday, prosecutors described him as “untouchable.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“The defendant abused all of these women with impunity,” Assistant U.S. Attorney Andrew Paulson said. “He thought that his power, threats and intimidation would insulate him — his buddies would insulate him. Indeed, that’s what the defense is hoping will insulate him today.\u003c/p>\n\u003cp>“The defendant wants you to view these women like he did: as objects … as felons … especially because some of them have immigration issues and have filed lawsuits [against him and the prison].”\u003c/p>\n\u003cp>Smith is accused of touching the women’s buttocks and vaginas, forcing them to show their breasts and ordering one woman to have sex with him — allegations uncovered by the FBI probe that ensnared several other prison officials.\u003c/p>\n\u003cfigure id=\"attachment_12031941\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12031941\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-3-KQED-1.jpg\" alt=\"\" width=\"2000\" height=\"1404\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-3-KQED-1.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-3-KQED-1-800x562.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-3-KQED-1-1020x716.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-3-KQED-1-160x112.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-3-KQED-1-1536x1078.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-3-KQED-1-1920x1348.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">A courtroom sketch shows former FCI Dublin correctional officer Darrell Wayne Smith, right, listening as a witness testifies in federal court in Oakland on March 18, 2025. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>However, Smith’s defense argued that his case is different, calling him an outlier among those who were charged. Defense attorney Naomi Chung told the jury that the trial lacked context of Smith’s own mistreatment at Dublin.\u003c/p>\n\u003cp>Chung said that Smith’s time working at Dublin became a “nightmare” after rumors began swirling about an alleged inappropriate relationship between him and a woman incarcerated at the prison in 2016. At the time, he was a correctional counselor, but amid an investigation into the alleged relationship — which the woman testified was untrue — he was demoted from a counselor to a guard, bringing a downgrade in pay and status.\u003c/p>\n\u003cp>Chung alleged that Smith was hated by then-Warden Ray Garcia and other management staff since he was a “thorn in their side,” picketing for FCI Dublin’s union and standing up for workers’ rights. The investigation into Smith spanned six years, and he was ultimately given a six-day suspension in May 2021 for the “appearance of an inappropriate relationship.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>She said that the prosecution’s argument that Smith was powerful had “cracks” in it that “are not small. They’re big enough to drive reasonable doubt right through this entire case.”\u003c/p>\n\u003cp>Chung said it “goes against common sense” to assume Smith would be “brazenly” assaulting women during periods of intense scrutiny — especially when management had access to real-time camera feeds in the housing units. It makes more sense, she argued, that after Garcia was walked off the prison grounds over the abuse allegations — and a special task force came to Dublin as more officials faced similar allegations — “Smith became a scapegoat.”\u003c/p>\n\u003cp>“The rumors [about Smith’s demotion] had spread like wildfire throughout the whole prison … and his nickname [“Dirty Dick,” according to testimony] … became a weapon,” she told jurors.\u003c/p>\n\u003cp>Assistant U.S. Attorney Sailaja Paidipaty pushed back, asking: “What was [Smith] so paranoid after that big six-year investigation? A six-day suspension?” That was not the punishment of a management that hated Smith and was set on retaliating against him, she told the jury.\u003c/p>\n\u003cfigure id=\"attachment_11987297\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11987297\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/05/240408-FCIDublin-008-BL_qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/05/240408-FCIDublin-008-BL_qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/05/240408-FCIDublin-008-BL_qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/05/240408-FCIDublin-008-BL_qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/05/240408-FCIDublin-008-BL_qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/05/240408-FCIDublin-008-BL_qut-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">The Federal Correctional Institution, Dublin, a prison for women, in Dublin on April 8, 2024. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The defense also sought to cast doubt on the women who testified that they had been abused by Smith, citing discrepancies in the indictment and their testimony and pointing to the fact that many women had the same lawyers and brought forward allegations around the same time.\u003c/p>\n\u003cp>“The timing matters,” Chung said. “None of the accusers came forward until Dublin was in scandal. Because what happens when you put a group of people in a desperate situation and then show them a golden ticket? A ticket that gets you closer to home, a payout, even released. The answer is obvious.”\u003c/p>\n\u003cp>Again, Paidipaty countered that in the years between interviews with lawyers and re-telling their stories, it is not uncommon for victims to forget or become more blurry on some details.\u003c/p>\n\u003cp>“That doesn’t mean they’re liars,” she said. “That means they are trying as hard as they can to remember and give accurate information.”\u003c/p>\n\u003cp>Before the jury left the courtroom to begin deliberations, both the defense and the prosecution asked them to consider the context surrounding this case.\u003c/p>\n\u003cp>“Context does matter, and the context here is a prison,” Paidipaty said. “They want you to believe that the inmates had the power. The people in the cells. Who had the keys?”\u003c/p>\n\u003cp>The jury is set to begin deliberations on Tuesday and could return a verdict this week. If convicted, Smith could face up to a life sentence.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>This week several dozen Venezuelan nationals were transferred from a U.S. immigration detention center in south Texas and boarded a deportation flight to their home country.\u003c/p>\n\u003cp>Among them was 39-year-old Jose Barco, a decorated American soldier who deployed twice to Iraq, saw horrific combat and received a Purple Heart after an explosion tossed him through the air and left him with a traumatic brain injury.\u003c/p>\n\u003cp>He was just four years old when his family left Venezuela, a country his father fled to after he was being released as a political prisoner in Cuba. Jose Barco’s fellow inmates in Texas, most of them much younger, simply call him “Cuba.”\u003c/p>\n\u003cp>How an American veteran, a father of a 15-year-old daughter, found himself inside this sprawling detention center outside Corpus Christi, Texas, waiting for a flight to a country he barely knows is a tortured tale of battlefield trauma, bureaucratic bumbling and eventually, a serious crime.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“His situation is incredibly complex and tragic,” said Anna Stout, a former mayor of Grand Junction, Colo., who is helping his family, told NPR. “It’s the story of multiple failures of the U.S. military when it comes to one of its own soldiers, of a man who fought and bled for the United States believing he was earning his right to be called an American only to find himself in deportation proceedings, and of the tragic intersection of a new age of immigration policy and unfortunate parole timing.”\u003c/p>\n\u003cp>On Thursday Barco’s journey took another unexpected twist: When he arrived in Honduras en route to Venezuela, the Venezuelan authorities there refused to take him. According to his family, the Venezuelan immigration officials didn’t believe Barco’s birth certificate was genuine; they said it looked too new. They said his accent sounded Cuban to them, plus he didn’t know his Venezuelan national identity card number (called a \u003cem>cedula\u003c/em>). One even told Barco it wouldn’t be good for him in Venezuela, because he has no family there.\u003c/p>\n\u003cp>Barco now sits, again, at a U.S. detention center, this time at Port Isabel, near Los Fresnos, Texas, wondering what country will take him — if not the one he risked his life for in Iraq.\u003c/p>\n\u003cp>“I feel very scared for him,” said his wife, Tia. “America should not be sending a decorated veteran to Venezuela.”\u003c/p>\n\u003cp>Now that Venezuela also has rejected him she said, “We have no clue how to navigate this as of now. This whole ordeal has been unimaginable.”\u003c/p>\n\u003ch2>An act of heroism\u003c/h2>\n\u003cp>Barco deployed to Iraq in the summer of 2004 with a unit from Fort Carson in Colorado Springs, Colo. He was a private with Charlie Company, from the 1st Battalion of the 506th Regiment. His unit was in western Iraq, at a time of fierce fighting against insurgent forces and car bombs. While Barco was on patrol in November with his platoon, a car laden with explosives swerved and went airborne, erupting in flames.\u003c/p>\n\u003cfigure id=\"attachment_12034554\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-12034554\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/npr.brightspotcdn-1-copy-3-800x1076.jpg\" alt=\"\" width=\"800\" height=\"1076\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/npr.brightspotcdn-1-copy-3-800x1076.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/npr.brightspotcdn-1-copy-3-1020x1371.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/npr.brightspotcdn-1-copy-3-160x215.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/npr.brightspotcdn-1-copy-3-1143x1536.jpg 1143w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/npr.brightspotcdn-1-copy-3-1523x2048.jpg 1523w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/npr.brightspotcdn-1-copy-3.jpg 1600w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A portrait of Jose Barco when he first enlisted in 2003. \u003ccite>(Courtesy of Tia Barco)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Ryan Krebbs was the company medic. As he was treating a wounded soldier amid the dust and smoke, he spotted Barco lifting the front end of the burning car, which had two soldiers pinned underneath it. “They were unconscious when he pulled them out,” Krebbs remembered. “[Barco] was on fire after lifting the car.”\u003c/p>\n\u003cp>Barco said he remembered none of that, only being thrown against a wall.\u003c/p>\n\u003cp>“I kind of remember the impact of the explosion,” Barco told the PBS series \u003cem>Frontline\u003c/em>, which aired a story in 2010 about his unit called \u003ca href=\"https://www.pbs.org/wgbh/pages/frontline/woundedplatoon/\">\u003cem>The Wounded Platoon\u003c/em>\u003c/a>. “They told me I was just walking around. Walking around in circles or whatever, just cursing out loud. But I don’t remember that.”\u003c/p>\n\u003cp>Barco was treated for burns to his hands and thigh, as well as a lacerated lip. But \u003cem>Frontline\u003c/em> reported there was no record that he lost consciousness for several minutes or any suspicion of a possible brain injury. So Barco soon received further treatment at Brooke Army Medical Center in Texas for burns but no treatment for traumatic brain injury (TBI).\u003c/p>\n\u003cp>Months later, Barco noticed ringing in his ears, and military doctors at Fort Carson realized he had a head injury stemming from the November 2004 explosion, according to \u003cem>Frontline\u003c/em>. He could have received a medical discharge with benefits, but he wanted to go back to Iraq, telling them he was fit for duty.\u003c/p>\n\u003cp>Barco was told that his burns and hearing loss qualified him for an honorable medical retirement from the Army, which would leave him with a lifelong pension and free healthcare with the VA.\u003c/p>\n\u003cp>But Barco pressed his doctors to let him return to his unit,\u003c/p>\n\u003cp>even though he was suffering from nightmares and sleeplessness.\u003c/p>\n\u003cp>[aside postID=forum_2010101909406 hero='https://cdn.kqed.org/wp-content/uploads/sites/43/2025/03/immigration-1020x574.jpg']\u003c/p>\n\u003cp>“I told my doctors, ‘Hey, I want, like, to go back,” Barco said in the documentary. “They were looking at me like, ‘No way, you’re crazy, you should get evaluated, psychologically. They worked with me and they lowered my profile and they dropped everything. Cause, you know, if you want to go, they’re going to let you go, unless you’re paralyzed or something like that. They need people.”\u003c/p>\n\u003cp>Barco made it back to Iraq in the fall of 2006, during the surge of forces meant to tamp down the increasing sectarian violence. A few months before this, on July 6, one of Barco’s commanding officers, Lt. Col. Michael “Hutch” Hutchinson, helped him fill out the forms to become a naturalized citizen. For noncitizens, one of the promises of joining the military is that it’s a path to U.S. citizenship.\u003c/p>\n\u003cp>“I distinctly remember Jose Barco completing and submitting his application for United States citizenship,” Hutchinson wrote in a February 2025 memo for immigration officials. “He was fully eligible and with processing timelines at USCIS at the time should have been approved by the end of calendar year 2006. … At some point the packet was lost and we have not been able to find a chain of custody document.”\u003c/p>\n\u003ch2>Criminal behavior\u003c/h2>\n\u003cp>By the time he returned home in December 2007, Barco’s TBI symptoms worsened after he was exposed to still more explosions in Iraq, telling doctors he felt dazed and had memory problems. He was prescribed a variety of drugs, from Tylenol to Buspar, a psychoactive anti-anxiety drug. Barco said the drugs didn’t help. He was discharged in 2008, when he was 23.\u003c/p>\n\u003cp>Steve Xenakis, a retired Army brigadier general and psychiatrist, said Barco’s injuries happened when the Army had yet to understand these types of hidden wounds.\u003c/p>\n\u003cp>“This was at a time when the Army was not acknowledging the significant effects of blast concussions,” Xenakis said, adding that such a head injury can aggravate PTSD. “You really can’t control your emotions. You become irrational, impulsive.”\u003c/p>\n\u003cp>[aside postID=news_12034004 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2025/01/250122-OaklandImmigrants-13-BL-1020x680.jpg']\u003c/p>\n\u003cp>What happened next with Barco, Xenakis said, was “not surprising at all.” His mental health problems turned into criminal behavior.\u003c/p>\n\u003cp>In April, 2008, Barco was driving past a house party in Colorado Springs, where he had earlier that night been kicked out for firing a bullet into a basement ceiling.\u003c/p>\n\u003cp>Barco pulled out a handgun and shot into a crowd of teenagers standing on a porch. A bullet struck 19-year-old Ginny Clemens, who was pregnant. It left her with a serious leg injury. Clemens declined to speak with NPR through a relative. Barco has said he has no memory of what happened.\u003c/p>\n\u003cp>Barco was eventually charged with two counts of attempted first-degree murder and one count of menacing. Fourth Judicial District Judge Larry Schwartz sentenced him to 52 years, calling the crime “stunning in its lack of compassion. It brings considerable dishonor upon the uniform you wore,” according to a story in the \u003ca href=\"https://gazette.com/news/ex-soldier-who-wounded-pregnant-woman-sentenced-to-52-years/article_32572acc-123c-529d-8e10-1e2ab5e29d85.html\">\u003cem>Colorado Springs Gazette\u003c/em>\u003c/a>.\u003c/p>\n\u003cp>Barco ended up spending 15 years in prison, where he was a model prisoner, teaching English and math. And for good behavior, his sentence was reduced. A parole board released him on his first hearing. He walked out of prison on Jan. 21, 2025, one day after President Trump was inaugurated where he vowed to crack down on crime and illegal immigration.\u003c/p>\n\u003cp>Barco planned on heading to a family reunion in Florida. Instead he saw agents from Immigration and Customs Enforcement (ICE) waiting for him. He was hustled into a van.\u003c/p>\n\u003cp>“I was shocked. I told my case manager, ‘This is a joke, right? I’m a retired veteran,'” Barco told the \u003cem>Gazette\u003c/em>.\u003c/p>\n\u003cp>Ryan Krebbs, the former Army medic, and Barco’s wife, Tia, said they hired a private lawyer and paid $400 for a consultation, then found a pro bono lawyer in Colorado to help with his case. But when Barco was transferred to Texas they searched in vain for another pro bono immigration lawyer. The ones they contacted were too busy.\u003c/p>\n\u003cp>They reached out to the American Civil Liberties Union but were told the ACLU does not take individual immigration cases.\u003c/p>\n\u003cp>Barco was ordered to be deported to Venezuela by Assistant Chief Immigration Judge Mathew Kaufman in February at Aurora, Colo. Barco said he was not interested in appealing, even though the judge asked, “Are you sure?” Barco later told his brother he was “disillusioned and tired. Send me to a country that will accept me, since my country doesn’t,” according to the \u003cem>Gazette\u003c/em>.\u003c/p>\n\u003cp>“Jose’s spirit’s just broken,” said Krebbs, the medic. “They defeated him for sure.”\u003c/p>\n\u003cp>Krebbs and the other supporters tell NPR they won’t give up. They hope he can maybe get to Mexico where he can get access to better health care and a better life. They are also hoping that Democratic Colorado Gov. Jared Polis will pardon him, opening Barco up again to possible American citizenship. NPR reached out to Polis’ office, which did not comment before publication.\u003c/p>\n\u003cp>“He’s an American and that’s how he sees himself,” Krebbs said. “He’s a disabled combat veteran who saved people that day. In my eyes he’s an American hero.”\u003c/p>\n\u003cp>Krebbs can understand how some, including Ginny Clemens and her family, could find no sympathy for Barco. “What he did was awful. He knows what he did was wrong. He served his time and should be allowed another chance,” Krebbs said.\u003c/p>\n\u003cp>Hutchinson, the Army officer, said in his February memo to immigration authorities that Barco’s “peculiar legal residence status puts him at extreme risk of personal harm if he is extradited.”\u003c/p>\n\u003cp>In an interview with NPR, Hutchinson said, “If you cherry pick the facts of his story we could call him a hero or a villain.”\u003c/p>\n\u003cp>Still, he called Barco an “upstanding person,” who did his time, adding his story is “a symbol of how the prison system is supposed to work.”\u003c/p>\n\u003cp>“It boggles the mind. How you can pin a Purple Heart on someone and not give them citizenship,” said Danitza James with the League of United Latin American Citizens. The organization is tracking some 400 veterans who have been deported or are in that process, going back to the early 1990s.\u003c/p>\n\u003cp>James is\u003cstrong> \u003c/strong>a two-tour combat veteran who served as a gunner on convoys in Iraq. She held a green card at the time, and twice had her citizenship ceremony cancelled because the Army ordered her to redeploy. When she left the military she was still not a citizen, James says, and she was later naturalized when she married another soldier.\u003c/p>\n\u003cp>“ I left the military with an expired green card,” says James.\u003c/p>\n\u003cp>James says LULAC is urging politicians in Texas and Colorado to intervene and let Barco be moved to a VA hospital for medical evaluation.\u003c/p>\n\u003cp>Tia Barco, who is American, said ICE agents earlier this week asked her husband about his citizenship application from 2006.\u003c/p>\n\u003cp>“But he didn’t ask why they were inquiring,” she said.\u003c/p>\n\u003cp>NPR reached out to ICE for comment, but they didn’t respond.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>This week several dozen Venezuelan nationals were transferred from a U.S. immigration detention center in south Texas and boarded a deportation flight to their home country.\u003c/p>\n\u003cp>Among them was 39-year-old Jose Barco, a decorated American soldier who deployed twice to Iraq, saw horrific combat and received a Purple Heart after an explosion tossed him through the air and left him with a traumatic brain injury.\u003c/p>\n\u003cp>He was just four years old when his family left Venezuela, a country his father fled to after he was being released as a political prisoner in Cuba. Jose Barco’s fellow inmates in Texas, most of them much younger, simply call him “Cuba.”\u003c/p>\n\u003cp>How an American veteran, a father of a 15-year-old daughter, found himself inside this sprawling detention center outside Corpus Christi, Texas, waiting for a flight to a country he barely knows is a tortured tale of battlefield trauma, bureaucratic bumbling and eventually, a serious crime.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“His situation is incredibly complex and tragic,” said Anna Stout, a former mayor of Grand Junction, Colo., who is helping his family, told NPR. “It’s the story of multiple failures of the U.S. military when it comes to one of its own soldiers, of a man who fought and bled for the United States believing he was earning his right to be called an American only to find himself in deportation proceedings, and of the tragic intersection of a new age of immigration policy and unfortunate parole timing.”\u003c/p>\n\u003cp>On Thursday Barco’s journey took another unexpected twist: When he arrived in Honduras en route to Venezuela, the Venezuelan authorities there refused to take him. According to his family, the Venezuelan immigration officials didn’t believe Barco’s birth certificate was genuine; they said it looked too new. They said his accent sounded Cuban to them, plus he didn’t know his Venezuelan national identity card number (called a \u003cem>cedula\u003c/em>). One even told Barco it wouldn’t be good for him in Venezuela, because he has no family there.\u003c/p>\n\u003cp>Barco now sits, again, at a U.S. detention center, this time at Port Isabel, near Los Fresnos, Texas, wondering what country will take him — if not the one he risked his life for in Iraq.\u003c/p>\n\u003cp>“I feel very scared for him,” said his wife, Tia. “America should not be sending a decorated veteran to Venezuela.”\u003c/p>\n\u003cp>Now that Venezuela also has rejected him she said, “We have no clue how to navigate this as of now. This whole ordeal has been unimaginable.”\u003c/p>\n\u003ch2>An act of heroism\u003c/h2>\n\u003cp>Barco deployed to Iraq in the summer of 2004 with a unit from Fort Carson in Colorado Springs, Colo. He was a private with Charlie Company, from the 1st Battalion of the 506th Regiment. His unit was in western Iraq, at a time of fierce fighting against insurgent forces and car bombs. While Barco was on patrol in November with his platoon, a car laden with explosives swerved and went airborne, erupting in flames.\u003c/p>\n\u003cfigure id=\"attachment_12034554\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-12034554\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/npr.brightspotcdn-1-copy-3-800x1076.jpg\" alt=\"\" width=\"800\" height=\"1076\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/npr.brightspotcdn-1-copy-3-800x1076.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/npr.brightspotcdn-1-copy-3-1020x1371.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/npr.brightspotcdn-1-copy-3-160x215.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/npr.brightspotcdn-1-copy-3-1143x1536.jpg 1143w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/npr.brightspotcdn-1-copy-3-1523x2048.jpg 1523w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/npr.brightspotcdn-1-copy-3.jpg 1600w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A portrait of Jose Barco when he first enlisted in 2003. \u003ccite>(Courtesy of Tia Barco)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Ryan Krebbs was the company medic. As he was treating a wounded soldier amid the dust and smoke, he spotted Barco lifting the front end of the burning car, which had two soldiers pinned underneath it. “They were unconscious when he pulled them out,” Krebbs remembered. “[Barco] was on fire after lifting the car.”\u003c/p>\n\u003cp>Barco said he remembered none of that, only being thrown against a wall.\u003c/p>\n\u003cp>“I kind of remember the impact of the explosion,” Barco told the PBS series \u003cem>Frontline\u003c/em>, which aired a story in 2010 about his unit called \u003ca href=\"https://www.pbs.org/wgbh/pages/frontline/woundedplatoon/\">\u003cem>The Wounded Platoon\u003c/em>\u003c/a>. “They told me I was just walking around. Walking around in circles or whatever, just cursing out loud. But I don’t remember that.”\u003c/p>\n\u003cp>Barco was treated for burns to his hands and thigh, as well as a lacerated lip. But \u003cem>Frontline\u003c/em> reported there was no record that he lost consciousness for several minutes or any suspicion of a possible brain injury. So Barco soon received further treatment at Brooke Army Medical Center in Texas for burns but no treatment for traumatic brain injury (TBI).\u003c/p>\n\u003cp>Months later, Barco noticed ringing in his ears, and military doctors at Fort Carson realized he had a head injury stemming from the November 2004 explosion, according to \u003cem>Frontline\u003c/em>. He could have received a medical discharge with benefits, but he wanted to go back to Iraq, telling them he was fit for duty.\u003c/p>\n\u003cp>Barco was told that his burns and hearing loss qualified him for an honorable medical retirement from the Army, which would leave him with a lifelong pension and free healthcare with the VA.\u003c/p>\n\u003cp>But Barco pressed his doctors to let him return to his unit,\u003c/p>\n\u003cp>even though he was suffering from nightmares and sleeplessness.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“I told my doctors, ‘Hey, I want, like, to go back,” Barco said in the documentary. “They were looking at me like, ‘No way, you’re crazy, you should get evaluated, psychologically. They worked with me and they lowered my profile and they dropped everything. Cause, you know, if you want to go, they’re going to let you go, unless you’re paralyzed or something like that. They need people.”\u003c/p>\n\u003cp>Barco made it back to Iraq in the fall of 2006, during the surge of forces meant to tamp down the increasing sectarian violence. A few months before this, on July 6, one of Barco’s commanding officers, Lt. Col. Michael “Hutch” Hutchinson, helped him fill out the forms to become a naturalized citizen. For noncitizens, one of the promises of joining the military is that it’s a path to U.S. citizenship.\u003c/p>\n\u003cp>“I distinctly remember Jose Barco completing and submitting his application for United States citizenship,” Hutchinson wrote in a February 2025 memo for immigration officials. “He was fully eligible and with processing timelines at USCIS at the time should have been approved by the end of calendar year 2006. … At some point the packet was lost and we have not been able to find a chain of custody document.”\u003c/p>\n\u003ch2>Criminal behavior\u003c/h2>\n\u003cp>By the time he returned home in December 2007, Barco’s TBI symptoms worsened after he was exposed to still more explosions in Iraq, telling doctors he felt dazed and had memory problems. He was prescribed a variety of drugs, from Tylenol to Buspar, a psychoactive anti-anxiety drug. Barco said the drugs didn’t help. He was discharged in 2008, when he was 23.\u003c/p>\n\u003cp>Steve Xenakis, a retired Army brigadier general and psychiatrist, said Barco’s injuries happened when the Army had yet to understand these types of hidden wounds.\u003c/p>\n\u003cp>“This was at a time when the Army was not acknowledging the significant effects of blast concussions,” Xenakis said, adding that such a head injury can aggravate PTSD. “You really can’t control your emotions. You become irrational, impulsive.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>What happened next with Barco, Xenakis said, was “not surprising at all.” His mental health problems turned into criminal behavior.\u003c/p>\n\u003cp>In April, 2008, Barco was driving past a house party in Colorado Springs, where he had earlier that night been kicked out for firing a bullet into a basement ceiling.\u003c/p>\n\u003cp>Barco pulled out a handgun and shot into a crowd of teenagers standing on a porch. A bullet struck 19-year-old Ginny Clemens, who was pregnant. It left her with a serious leg injury. Clemens declined to speak with NPR through a relative. Barco has said he has no memory of what happened.\u003c/p>\n\u003cp>Barco was eventually charged with two counts of attempted first-degree murder and one count of menacing. Fourth Judicial District Judge Larry Schwartz sentenced him to 52 years, calling the crime “stunning in its lack of compassion. It brings considerable dishonor upon the uniform you wore,” according to a story in the \u003ca href=\"https://gazette.com/news/ex-soldier-who-wounded-pregnant-woman-sentenced-to-52-years/article_32572acc-123c-529d-8e10-1e2ab5e29d85.html\">\u003cem>Colorado Springs Gazette\u003c/em>\u003c/a>.\u003c/p>\n\u003cp>Barco ended up spending 15 years in prison, where he was a model prisoner, teaching English and math. And for good behavior, his sentence was reduced. A parole board released him on his first hearing. He walked out of prison on Jan. 21, 2025, one day after President Trump was inaugurated where he vowed to crack down on crime and illegal immigration.\u003c/p>\n\u003cp>Barco planned on heading to a family reunion in Florida. Instead he saw agents from Immigration and Customs Enforcement (ICE) waiting for him. He was hustled into a van.\u003c/p>\n\u003cp>“I was shocked. I told my case manager, ‘This is a joke, right? I’m a retired veteran,'” Barco told the \u003cem>Gazette\u003c/em>.\u003c/p>\n\u003cp>Ryan Krebbs, the former Army medic, and Barco’s wife, Tia, said they hired a private lawyer and paid $400 for a consultation, then found a pro bono lawyer in Colorado to help with his case. But when Barco was transferred to Texas they searched in vain for another pro bono immigration lawyer. The ones they contacted were too busy.\u003c/p>\n\u003cp>They reached out to the American Civil Liberties Union but were told the ACLU does not take individual immigration cases.\u003c/p>\n\u003cp>Barco was ordered to be deported to Venezuela by Assistant Chief Immigration Judge Mathew Kaufman in February at Aurora, Colo. Barco said he was not interested in appealing, even though the judge asked, “Are you sure?” Barco later told his brother he was “disillusioned and tired. Send me to a country that will accept me, since my country doesn’t,” according to the \u003cem>Gazette\u003c/em>.\u003c/p>\n\u003cp>“Jose’s spirit’s just broken,” said Krebbs, the medic. “They defeated him for sure.”\u003c/p>\n\u003cp>Krebbs and the other supporters tell NPR they won’t give up. They hope he can maybe get to Mexico where he can get access to better health care and a better life. They are also hoping that Democratic Colorado Gov. Jared Polis will pardon him, opening Barco up again to possible American citizenship. NPR reached out to Polis’ office, which did not comment before publication.\u003c/p>\n\u003cp>“He’s an American and that’s how he sees himself,” Krebbs said. “He’s a disabled combat veteran who saved people that day. In my eyes he’s an American hero.”\u003c/p>\n\u003cp>Krebbs can understand how some, including Ginny Clemens and her family, could find no sympathy for Barco. “What he did was awful. He knows what he did was wrong. He served his time and should be allowed another chance,” Krebbs said.\u003c/p>\n\u003cp>Hutchinson, the Army officer, said in his February memo to immigration authorities that Barco’s “peculiar legal residence status puts him at extreme risk of personal harm if he is extradited.”\u003c/p>\n\u003cp>In an interview with NPR, Hutchinson said, “If you cherry pick the facts of his story we could call him a hero or a villain.”\u003c/p>\n\u003cp>Still, he called Barco an “upstanding person,” who did his time, adding his story is “a symbol of how the prison system is supposed to work.”\u003c/p>\n\u003cp>“It boggles the mind. How you can pin a Purple Heart on someone and not give them citizenship,” said Danitza James with the League of United Latin American Citizens. The organization is tracking some 400 veterans who have been deported or are in that process, going back to the early 1990s.\u003c/p>\n\u003cp>James is\u003cstrong> \u003c/strong>a two-tour combat veteran who served as a gunner on convoys in Iraq. She held a green card at the time, and twice had her citizenship ceremony cancelled because the Army ordered her to redeploy. When she left the military she was still not a citizen, James says, and she was later naturalized when she married another soldier.\u003c/p>\n\u003cp>“ I left the military with an expired green card,” says James.\u003c/p>\n\u003cp>James says LULAC is urging politicians in Texas and Colorado to intervene and let Barco be moved to a VA hospital for medical evaluation.\u003c/p>\n\u003cp>Tia Barco, who is American, said ICE agents earlier this week asked her husband about his citizenship application from 2006.\u003c/p>\n\u003cp>“But he didn’t ask why they were inquiring,” she said.\u003c/p>\n\u003cp>NPR reached out to ICE for comment, but they didn’t respond.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "Accused FCI Dublin Officer May Take the Stand in East Bay Prison Sex Abuse Trial",
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"content": "\u003cp>In an unexpected move by the defense, the former \u003ca href=\"https://www.kqed.org/news/tag/fci-dublin\">FCI Dublin\u003c/a> officer on trial for \u003ca href=\"https://www.kqed.org/news/12033203/defense-casts-victims-as-manipulative-in-east-bay-prison-sex-abuse-trial-with-more-ahead\">sexually abusing five women\u003c/a> at the shuttered East Bay prison may take the stand next week.\u003c/p>\n\u003cp>Attorneys for Darrell Wayne Smith, the last of eight officials at the former women’s prison being tried for sexual misconduct, told the judge on Thursday that Smith might testify to the allegations levied against him by five women formerly incarcerated at FCI Dublin. He was initially not expected to testify.\u003c/p>\n\u003cp>Smith is \u003ca href=\"https://www.kqed.org/news/12032044/in-court-women-detail-abuse-east-bay-federal-prison-officer\">accused of abusing\u003c/a> the women during his time as a correctional counselor and later as an officer at FCI Dublin. They allege that between 2017 and 2021, he stuck his fingers into their buttocks and vaginas, and forced them to show their breasts. One incarcerated woman said she was ordered to have sex with him in a supply closet.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The case against the former officer was part of a sprawling federal probe into the prison that revealed a culture of abuse, retaliation and cover-ups and has already led to the convictions of seven former officials, including the prison’s warden.\u003c/p>\n\u003cp>The defense was expected to wrap up the testimony with its final witness — former Special Investigative Services technician Ed Canales — on Thursday, following a weeklong hiatus due to his schedule. During his testimony, Canales described a different culture of retaliation to the jury: with Smith as the victim.\u003c/p>\n\u003cp>Canales, who has also been the president of the union representing most prison workers at Dublin for eight years, told the jury that he believed Smith was mistreated by upper management after reporting another employee who allegedly shared personal information about guards, like their social security numbers and medical reports, with her daughter.\u003c/p>\n\u003cfigure id=\"attachment_12031931\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12031931\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-1B-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1125\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-1B-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-1B-KQED-800x450.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-1B-KQED-1020x574.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-1B-KQED-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-1B-KQED-1536x864.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-1B-KQED-1920x1080.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">A courtroom sketch of former FCI Dublin correctional officer Darrell Wayne Smith, right, watching as a witness cries while giving testimony against him on March 18, 2025. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“It was pure retaliation,” he said. “I’ve never seen an attack on an individual as I have Mr. Smith.”\u003c/p>\n\u003cp>Canales said that Smith recorded the employee discussing the information with the child, who was not a Federal Bureau of Prisons employee, and reported the conversation as a violation of privacy. In response, the woman opened her own case against Smith, alleging that she felt threatened by the recording.\u003c/p>\n\u003cp>During the investigation, Canales said Smith was required to work in what employees called the “mop closet” — a small room near the front doors of the prison where a guard would answer phones.[aside postID=news_12031367 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/240408-FCIDublin-016-BL_qed-1020x680.jpg']“We call it a chilling effect,” Canales said. The mop closet, where a “phone monitor” worked, was “in the front entrance where everyone could see. There was rat feces, mold, there was no heating, no air conditioning.\u003c/p>\n\u003cp>“In my opinion, it was retaliation. He was in there for weeks.”\u003c/p>\n\u003cp>Smith worked a total of 38 days as a phone monitor between Nov. 2017 and March 2018 before returning to his usual gig as a correctional officer in one of the prison’s housing units.\u003c/p>\n\u003cp>Canales said that the case was dropped after the union requested a review of the case against Smith by the U.S. Special Counsel. He said the human resources manager subsequently resigned.\u003c/p>\n\u003cp>The defense also pointed to the length of an investigation into an alleged inappropriate relationship Smith had with an incarcerated woman — which ultimately led to his demotion from correctional counselor to officer, a less prestigious and lower paid job — in 2017.\u003c/p>\n\u003cp>The case spanned six years, and Smith was ultimately given a six-day suspension in 2021.\u003c/p>\n\u003cp>“The six-year investigation, putting him in the mop closet, all these other frivolous stuff they did to him [and] the accidental displacement of his [Family and Medical Leave Act] paperwork” when Smith said he submitted requests for time off to go to the doctor all pointed to mistreatment,” Canales said.\u003c/p>\n\u003cp>The prosecution argued that Smith’s ability to work in the housing units, which were desirable shifts, was proof that he was trusted and not retaliated against.\u003c/p>\n\u003cp>Assistant U.S. Attorney Andrew Paulson presented logs of Smith’s shifts that showed he worked in housing units immediately before and after his stint in the “mop closet” and throughout the inappropriate relationship investigation.\u003c/p>\n\u003cp>He said Smith wasn’t forced to work less coveted roles, like the control and mail rooms or in the lobby, and was allowed normal privileges at the time.\u003c/p>\n\u003cp>If Smith opts not to take the stand, closing statements are expected as soon as Monday. If he does, though, the case could stretch much longer since both the defense and prosecution will need time to prepare. The defense has to decide by 1 p.m. on Friday.\u003c/p>\n\u003cp>Smith faces a possible life sentence if convicted.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>In an unexpected move by the defense, the former \u003ca href=\"https://www.kqed.org/news/tag/fci-dublin\">FCI Dublin\u003c/a> officer on trial for \u003ca href=\"https://www.kqed.org/news/12033203/defense-casts-victims-as-manipulative-in-east-bay-prison-sex-abuse-trial-with-more-ahead\">sexually abusing five women\u003c/a> at the shuttered East Bay prison may take the stand next week.\u003c/p>\n\u003cp>Attorneys for Darrell Wayne Smith, the last of eight officials at the former women’s prison being tried for sexual misconduct, told the judge on Thursday that Smith might testify to the allegations levied against him by five women formerly incarcerated at FCI Dublin. He was initially not expected to testify.\u003c/p>\n\u003cp>Smith is \u003ca href=\"https://www.kqed.org/news/12032044/in-court-women-detail-abuse-east-bay-federal-prison-officer\">accused of abusing\u003c/a> the women during his time as a correctional counselor and later as an officer at FCI Dublin. They allege that between 2017 and 2021, he stuck his fingers into their buttocks and vaginas, and forced them to show their breasts. One incarcerated woman said she was ordered to have sex with him in a supply closet.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The case against the former officer was part of a sprawling federal probe into the prison that revealed a culture of abuse, retaliation and cover-ups and has already led to the convictions of seven former officials, including the prison’s warden.\u003c/p>\n\u003cp>The defense was expected to wrap up the testimony with its final witness — former Special Investigative Services technician Ed Canales — on Thursday, following a weeklong hiatus due to his schedule. During his testimony, Canales described a different culture of retaliation to the jury: with Smith as the victim.\u003c/p>\n\u003cp>Canales, who has also been the president of the union representing most prison workers at Dublin for eight years, told the jury that he believed Smith was mistreated by upper management after reporting another employee who allegedly shared personal information about guards, like their social security numbers and medical reports, with her daughter.\u003c/p>\n\u003cfigure id=\"attachment_12031931\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12031931\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-1B-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1125\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-1B-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-1B-KQED-800x450.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-1B-KQED-1020x574.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-1B-KQED-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-1B-KQED-1536x864.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-1B-KQED-1920x1080.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">A courtroom sketch of former FCI Dublin correctional officer Darrell Wayne Smith, right, watching as a witness cries while giving testimony against him on March 18, 2025. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“It was pure retaliation,” he said. “I’ve never seen an attack on an individual as I have Mr. Smith.”\u003c/p>\n\u003cp>Canales said that Smith recorded the employee discussing the information with the child, who was not a Federal Bureau of Prisons employee, and reported the conversation as a violation of privacy. In response, the woman opened her own case against Smith, alleging that she felt threatened by the recording.\u003c/p>\n\u003cp>During the investigation, Canales said Smith was required to work in what employees called the “mop closet” — a small room near the front doors of the prison where a guard would answer phones.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“We call it a chilling effect,” Canales said. The mop closet, where a “phone monitor” worked, was “in the front entrance where everyone could see. There was rat feces, mold, there was no heating, no air conditioning.\u003c/p>\n\u003cp>“In my opinion, it was retaliation. He was in there for weeks.”\u003c/p>\n\u003cp>Smith worked a total of 38 days as a phone monitor between Nov. 2017 and March 2018 before returning to his usual gig as a correctional officer in one of the prison’s housing units.\u003c/p>\n\u003cp>Canales said that the case was dropped after the union requested a review of the case against Smith by the U.S. Special Counsel. He said the human resources manager subsequently resigned.\u003c/p>\n\u003cp>The defense also pointed to the length of an investigation into an alleged inappropriate relationship Smith had with an incarcerated woman — which ultimately led to his demotion from correctional counselor to officer, a less prestigious and lower paid job — in 2017.\u003c/p>\n\u003cp>The case spanned six years, and Smith was ultimately given a six-day suspension in 2021.\u003c/p>\n\u003cp>“The six-year investigation, putting him in the mop closet, all these other frivolous stuff they did to him [and] the accidental displacement of his [Family and Medical Leave Act] paperwork” when Smith said he submitted requests for time off to go to the doctor all pointed to mistreatment,” Canales said.\u003c/p>\n\u003cp>The prosecution argued that Smith’s ability to work in the housing units, which were desirable shifts, was proof that he was trusted and not retaliated against.\u003c/p>\n\u003cp>Assistant U.S. Attorney Andrew Paulson presented logs of Smith’s shifts that showed he worked in housing units immediately before and after his stint in the “mop closet” and throughout the inappropriate relationship investigation.\u003c/p>\n\u003cp>He said Smith wasn’t forced to work less coveted roles, like the control and mail rooms or in the lobby, and was allowed normal privileges at the time.\u003c/p>\n\u003cp>If Smith opts not to take the stand, closing statements are expected as soon as Monday. If he does, though, the case could stretch much longer since both the defense and prosecution will need time to prepare. The defense has to decide by 1 p.m. on Friday.\u003c/p>\n\u003cp>Smith faces a possible life sentence if convicted.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>The arraignment of a man accused of punching an Oakland police officer in an unprovoked attack last week was called off after he refused to appear in court on Wednesday for the reading of his charges, according to the \u003ca href=\"https://www.kqed.org/news/tag/alameda-county\">Alameda County\u003c/a> district attorney’s office.\u003c/p>\n\u003cp>Lawrence Holley, 48, was arrested Friday afternoon near 104th Avenue and International Boulevard on suspicion of assaulting an Oakland police officer, who was sitting in his patrol vehicle when Holley came up to his window and began repeatedly punching him, prosecutors say. Holley was taken to Santa Rita Jail with bail set at $150,000.\u003c/p>\n\u003cp>Holley, who was on felony probation at the time of the attack, is charged with felony assault likely to cause great bodily injury, resisting a police officer and causing injury, according to Alameda County \u003ca href=\"https://www.kqed.org/news/12024318/alameda-countys-next-da-will-be-named-today-heres-what-to-know\">District Attorney Ursula Jones Dickson\u003c/a> — charges that drew praise from the Oakland police officers union. His arraignment was rescheduled for Thursday.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“If we are asking the police to protect us, then we must also protect them when they are the victim of an unprovoked assault,” Jones Dickson, who campaigned on a promise to improve public safety, said in a statement on Tuesday. “Today, we have filed felony assault charges that reflect the outrageous nature and seriousness of the case.”\u003c/p>\n\u003cp>Huy Nguyen, president of the Oakland Police Officers Association, said Jones Dickson is showing people that “there is a new district attorney in the county.”\u003c/p>\n\u003cfigure id=\"attachment_12027613\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-12027613 size-full\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/250218-AlCoDASwornIn-07.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/250218-AlCoDASwornIn-07.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/250218-AlCoDASwornIn-07-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/250218-AlCoDASwornIn-07-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/250218-AlCoDASwornIn-07-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/250218-AlCoDASwornIn-07-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/250218-AlCoDASwornIn-07-1920x1280.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Alameda County District Attorney Ursula Jones Dickson speaks during a press conference at the René C. Davidson Courthouse in Oakland on Feb. 18, 2025. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The attack reveals some of the more serious safety concerns facing law enforcement in the city, Nguyen said. The Oakland Police Department is understaffed and lacks sufficient support from city leaders, he noted, adding that the relationship between OPD and Oakland residents is strained because the city is not investing in public safety.\u003c/p>\n\u003cp>The city of Oakland is facing a $130 million budget deficit, and efforts to mitigate the shortfall have resulted in sweeping cuts to city services, including the \u003ca href=\"https://www.kqed.org/news/12017244/oaklands-budget-crisis-forcing-police-fire-cuts-more-will-be-needed\">Police Department\u003c/a>. Last year, the city announced that it would be laying off several non-sworn Police Department employees, curbing overtime spending and closing two police academies for the remainder of the fiscal year.\u003c/p>\n\u003cp>OPD has contracted from more than 800 officers a few years ago to 675, and because more than 100 officers are out on leave, the number that can actually respond to calls for service is much lower, Nguyen said.[aside postID=news_12033381 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/20250218_Oak-Mayoral_DMB_00156_qed-1020x680.jpg']“The Police Department continues to shrink, and it creates a much more challenging work environment for our officers,” he said. “We’re unable to respond to calls from community members. That’s an issue that we need to fix, especially if we want to gain their trust.”\u003c/p>\n\u003cp>When officers fail to respond to calls or respond too late, the tension between residents and officers only gets worse, Nguyen said, adding that last week’s attack suggests that people are less concerned about being held accountable for their actions.\u003c/p>\n\u003cp>The situation is dire for both residents and officers who might be targeted amid mounting frustrations, he added.\u003c/p>\n\u003cp>Oakland’s violent crime rate, which includes homicide, aggravated assault, rape and robbery, was nearly 20% lower last year than the year prior, falling from 7,900 violent crimes to 6,361, according to OPD’s \u003ca href=\"https://cityofoakland2.app.box.com/s/sjiq7usfy27gy9dfe51hp8arz5l1ixad/file/1743494392012\">end-of-year crime report\u003c/a>.\u003c/p>\n\u003cp>However, Nguyen said that comparing crime rates to record highs is not an indicator that public safety is improving. The focus instead should be on making Oakland a place where people feel safe and comfortable, and that is not the case, he said.\u003c/p>\n\u003cp>“Our community members don’t see what our officers are facing, but we also understand the challenges our community members are facing,” Nguyen said. “I understand the frustration when they call, and we don’t respond in a timely manner.”\u003c/p>\n\u003cp>\u003cem>KQED’s \u003c/em>\u003ca href=\"https://www.kqed.org/author/bkrans\">\u003cem>Brian Krans\u003c/em>\u003c/a>\u003cem> contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The arraignment of a man accused of punching an Oakland police officer in an unprovoked attack last week was called off after he refused to appear in court on Wednesday for the reading of his charges, according to the \u003ca href=\"https://www.kqed.org/news/tag/alameda-county\">Alameda County\u003c/a> district attorney’s office.\u003c/p>\n\u003cp>Lawrence Holley, 48, was arrested Friday afternoon near 104th Avenue and International Boulevard on suspicion of assaulting an Oakland police officer, who was sitting in his patrol vehicle when Holley came up to his window and began repeatedly punching him, prosecutors say. Holley was taken to Santa Rita Jail with bail set at $150,000.\u003c/p>\n\u003cp>Holley, who was on felony probation at the time of the attack, is charged with felony assault likely to cause great bodily injury, resisting a police officer and causing injury, according to Alameda County \u003ca href=\"https://www.kqed.org/news/12024318/alameda-countys-next-da-will-be-named-today-heres-what-to-know\">District Attorney Ursula Jones Dickson\u003c/a> — charges that drew praise from the Oakland police officers union. His arraignment was rescheduled for Thursday.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“If we are asking the police to protect us, then we must also protect them when they are the victim of an unprovoked assault,” Jones Dickson, who campaigned on a promise to improve public safety, said in a statement on Tuesday. “Today, we have filed felony assault charges that reflect the outrageous nature and seriousness of the case.”\u003c/p>\n\u003cp>Huy Nguyen, president of the Oakland Police Officers Association, said Jones Dickson is showing people that “there is a new district attorney in the county.”\u003c/p>\n\u003cfigure id=\"attachment_12027613\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-12027613 size-full\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/250218-AlCoDASwornIn-07.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/250218-AlCoDASwornIn-07.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/250218-AlCoDASwornIn-07-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/250218-AlCoDASwornIn-07-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/250218-AlCoDASwornIn-07-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/250218-AlCoDASwornIn-07-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/250218-AlCoDASwornIn-07-1920x1280.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Alameda County District Attorney Ursula Jones Dickson speaks during a press conference at the René C. Davidson Courthouse in Oakland on Feb. 18, 2025. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The attack reveals some of the more serious safety concerns facing law enforcement in the city, Nguyen said. The Oakland Police Department is understaffed and lacks sufficient support from city leaders, he noted, adding that the relationship between OPD and Oakland residents is strained because the city is not investing in public safety.\u003c/p>\n\u003cp>The city of Oakland is facing a $130 million budget deficit, and efforts to mitigate the shortfall have resulted in sweeping cuts to city services, including the \u003ca href=\"https://www.kqed.org/news/12017244/oaklands-budget-crisis-forcing-police-fire-cuts-more-will-be-needed\">Police Department\u003c/a>. Last year, the city announced that it would be laying off several non-sworn Police Department employees, curbing overtime spending and closing two police academies for the remainder of the fiscal year.\u003c/p>\n\u003cp>OPD has contracted from more than 800 officers a few years ago to 675, and because more than 100 officers are out on leave, the number that can actually respond to calls for service is much lower, Nguyen said.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“The Police Department continues to shrink, and it creates a much more challenging work environment for our officers,” he said. “We’re unable to respond to calls from community members. That’s an issue that we need to fix, especially if we want to gain their trust.”\u003c/p>\n\u003cp>When officers fail to respond to calls or respond too late, the tension between residents and officers only gets worse, Nguyen said, adding that last week’s attack suggests that people are less concerned about being held accountable for their actions.\u003c/p>\n\u003cp>The situation is dire for both residents and officers who might be targeted amid mounting frustrations, he added.\u003c/p>\n\u003cp>Oakland’s violent crime rate, which includes homicide, aggravated assault, rape and robbery, was nearly 20% lower last year than the year prior, falling from 7,900 violent crimes to 6,361, according to OPD’s \u003ca href=\"https://cityofoakland2.app.box.com/s/sjiq7usfy27gy9dfe51hp8arz5l1ixad/file/1743494392012\">end-of-year crime report\u003c/a>.\u003c/p>\n\u003cp>However, Nguyen said that comparing crime rates to record highs is not an indicator that public safety is improving. The focus instead should be on making Oakland a place where people feel safe and comfortable, and that is not the case, he said.\u003c/p>\n\u003cp>“Our community members don’t see what our officers are facing, but we also understand the challenges our community members are facing,” Nguyen said. “I understand the frustration when they call, and we don’t respond in a timely manner.”\u003c/p>\n\u003cp>\u003cem>KQED’s \u003c/em>\u003ca href=\"https://www.kqed.org/author/bkrans\">\u003cem>Brian Krans\u003c/em>\u003c/a>\u003cem> contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"title": "Former Contra Costa Deputy Released Early After Fatal 2018 Shooting, Sparking Outrage",
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"content": "\u003cp>A former \u003ca href=\"https://www.kqed.org/news/tag/contra-costa-county\">Contra Costa County\u003c/a> Sheriff’s deputy, sentenced to six years in prison for a fatal shooting in 2018, was released this week after serving less than half of his term.\u003c/p>\n\u003cp>Andrew Hall was \u003ca href=\"https://www.kqed.org/news/11907219/we-prayed-he-would-get-jail-time-ex-contra-costa-cop-gets-6-years-in-prison-for-killing-man-with-mental-illness\">convicted of assault\u003c/a> in 2022 for fatally shooting Laudemer Arboleda, an unarmed man who suffered from paranoia and mental health issues. Community activists and Arboleda’s family rallied outside the Contra Costa County Sheriff’s Office in Martinez Friday to protest Hall’s early release.\u003c/p>\n\u003cp>Jennifer Leong, Arboleda’s sister, said she was the only person in her family to be notified of Hall’s early parole. A spokesperson for the Contra Costa County District Attorney’s Office told KQED that the California Department of Corrections and Rehabilitation confirmed Hall was already released, which Leong said she was not aware of.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The original notice sent to Leong by CDCR’s Office of Victim and Survivor Rights and Services, which KQED reviewed, did not provide a reason for Hall’s release. CDCR said Hall completed his sentence after earning credits while incarcerated, which are awarded for good behavior and participation in rehabilitative programs.\u003c/p>\n\u003cp>“The fact that [Hall] is being released early is already really harmful to our community,” said Bella Quinto Collins, the sister of \u003ca href=\"https://www.kqed.org/news/tag/angelo-quinto\">Angelo Quinto\u003c/a>, a Navy veteran who was killed by Antioch police officers in 2020. “The fact that he is being released secretly, that he’s been released this morning — that is a huge tell that we cannot trust the system that we currently have in place.”\u003c/p>\n\u003cfigure id=\"attachment_11707357\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/11/RS33986_alt_800-e1542667208147.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11707357\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/11/RS33986_alt_800-e1542667208147.jpg\" alt=\"Jessica Leong, whose uncle Laudemer Arboleta was shot and killed by a police officer in Danville Nov. 3, speaks at a press conference announcing a legal claim filed agains the city on Nov. 19.\" width=\"1920\" height=\"974\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/11/RS33986_alt_800-e1542667208147.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/11/RS33986_alt_800-e1542667208147-160x81.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/11/RS33986_alt_800-e1542667208147-800x406.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/11/RS33986_alt_800-e1542667208147-1020x517.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/11/RS33986_alt_800-e1542667208147-1200x609.jpg 1200w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jessica Leong, whose brother, Laudemer Arboleda, was shot and killed by a police officer in Danville on Nov. 3, speaks at a press conference announcing a legal claim filed against the city on Nov. 19. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>On Nov. 3, 2018, police officers received a report of a suspicious person knocking on doors in Danville.\u003c/p>\n\u003cp>When law enforcement arrived, Arboleda led them on a nine-minute car chase toward the downtown area. Video taken of the pursuit shows Arboleda pulling over several times before driving off when officers exited their patrol vehicles.\u003c/p>\n\u003cp>Hall arrived on the scene and tried to block Arboleda’s car at an intersection of Front and Diablo streets. Police video showed Hall get out of his car and step into the path of Arboleda’s vehicle, firing into the windshield and window.\u003c/p>\n\u003cp>Arboleda, 33, was shot nine times and pronounced dead at the scene.\u003c/p>\n\u003cp>Charges for Arboleda’s death were filed against Hall in April 2021, \u003ca href=\"https://www.kqed.org/news/11870567/video-footage-of-tyrell-wilson-killing-released-as-same-danville-officer-charged-in-another-death\">a month after he fatally shot Tyrell Wilson\u003c/a>, a 32-year-old unhoused man whose family said was also suffering from depression. No charges were brought against Hall for Wilson’s death.\u003c/p>\n\u003cp>[aside postID=news_11907219 hero='https://ww2.kqed.org/app/uploads/sites/10/2022/03/BurrisArboledaHallPresser.jpg']\u003c/p>\n\u003cp>Hall, who also served as a Danville police officer, was the first officer \u003ca href=\"https://www.kqed.org/news/11905820/more-bay-area-officers-are-being-prosecuted-for-killing-people-does-this-really-signal-a-shift-in-police-accountability\">amid a wave of recent police prosecutions in the Bay Area\u003c/a> to be found guilty and sentenced. Six years was one of the longest sentences a California officer has received for an on-duty shooting.\u003c/p>\n\u003cp>Hall was originally charged with assault with a deadly weapon and voluntary manslaughter in Arboleda’s death, but a jury deadlock on the second charge led to its dismissal. Contra Costa County Superior Court Judge Terri Mockler sentenced Hall to three years for assault and an additional three years for causing great bodily injury.\u003c/p>\n\u003cp>Contra Costa County Sheriff David Livingston said his office welcomes Hall’s release and that he “never should have been in prison in the first place.” Livingston said Hall made a split-second decision to protect himself and others when he used deadly force on Arboleda.\u003c/p>\n\u003cp>“It’s time we stop feeling sympathy for dangerous criminals and start supporting law-abiding Contra Costa residents and the warriors that defend them,” Livingston, who publicly supported Hall and criticized Mockler, said in a statement to KQED.\u003c/p>\n\u003cp>Because Hall was convicted of a felony crime, he was supposed to serve 85% of his sentence before being eligible for parole. He challenged the conviction, but a \u003ca href=\"https://www.courts.ca.gov/opinions/nonpub/A165142.PDF\">three-judge panel\u003c/a> rejected his appeal last year.\u003c/p>\n\u003cp>“Hall’s release is very disappointing and re-traumatizing,” Leong said in a statement. “We are still grieving and when we found out that he was being released early we were completely devastated. These are lives we’re talking about.”\u003c/p>\n\u003cp>\u003cem>KQED’s \u003ca href=\"https://www.kqed.org/author/skennedy\">Samantha Kennedy\u003c/a> contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A former \u003ca href=\"https://www.kqed.org/news/tag/contra-costa-county\">Contra Costa County\u003c/a> Sheriff’s deputy, sentenced to six years in prison for a fatal shooting in 2018, was released this week after serving less than half of his term.\u003c/p>\n\u003cp>Andrew Hall was \u003ca href=\"https://www.kqed.org/news/11907219/we-prayed-he-would-get-jail-time-ex-contra-costa-cop-gets-6-years-in-prison-for-killing-man-with-mental-illness\">convicted of assault\u003c/a> in 2022 for fatally shooting Laudemer Arboleda, an unarmed man who suffered from paranoia and mental health issues. Community activists and Arboleda’s family rallied outside the Contra Costa County Sheriff’s Office in Martinez Friday to protest Hall’s early release.\u003c/p>\n\u003cp>Jennifer Leong, Arboleda’s sister, said she was the only person in her family to be notified of Hall’s early parole. A spokesperson for the Contra Costa County District Attorney’s Office told KQED that the California Department of Corrections and Rehabilitation confirmed Hall was already released, which Leong said she was not aware of.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The original notice sent to Leong by CDCR’s Office of Victim and Survivor Rights and Services, which KQED reviewed, did not provide a reason for Hall’s release. CDCR said Hall completed his sentence after earning credits while incarcerated, which are awarded for good behavior and participation in rehabilitative programs.\u003c/p>\n\u003cp>“The fact that [Hall] is being released early is already really harmful to our community,” said Bella Quinto Collins, the sister of \u003ca href=\"https://www.kqed.org/news/tag/angelo-quinto\">Angelo Quinto\u003c/a>, a Navy veteran who was killed by Antioch police officers in 2020. “The fact that he is being released secretly, that he’s been released this morning — that is a huge tell that we cannot trust the system that we currently have in place.”\u003c/p>\n\u003cfigure id=\"attachment_11707357\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/11/RS33986_alt_800-e1542667208147.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11707357\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/11/RS33986_alt_800-e1542667208147.jpg\" alt=\"Jessica Leong, whose uncle Laudemer Arboleta was shot and killed by a police officer in Danville Nov. 3, speaks at a press conference announcing a legal claim filed agains the city on Nov. 19.\" width=\"1920\" height=\"974\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/11/RS33986_alt_800-e1542667208147.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/11/RS33986_alt_800-e1542667208147-160x81.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/11/RS33986_alt_800-e1542667208147-800x406.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/11/RS33986_alt_800-e1542667208147-1020x517.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/11/RS33986_alt_800-e1542667208147-1200x609.jpg 1200w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jessica Leong, whose brother, Laudemer Arboleda, was shot and killed by a police officer in Danville on Nov. 3, speaks at a press conference announcing a legal claim filed against the city on Nov. 19. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>On Nov. 3, 2018, police officers received a report of a suspicious person knocking on doors in Danville.\u003c/p>\n\u003cp>When law enforcement arrived, Arboleda led them on a nine-minute car chase toward the downtown area. Video taken of the pursuit shows Arboleda pulling over several times before driving off when officers exited their patrol vehicles.\u003c/p>\n\u003cp>Hall arrived on the scene and tried to block Arboleda’s car at an intersection of Front and Diablo streets. Police video showed Hall get out of his car and step into the path of Arboleda’s vehicle, firing into the windshield and window.\u003c/p>\n\u003cp>Arboleda, 33, was shot nine times and pronounced dead at the scene.\u003c/p>\n\u003cp>Charges for Arboleda’s death were filed against Hall in April 2021, \u003ca href=\"https://www.kqed.org/news/11870567/video-footage-of-tyrell-wilson-killing-released-as-same-danville-officer-charged-in-another-death\">a month after he fatally shot Tyrell Wilson\u003c/a>, a 32-year-old unhoused man whose family said was also suffering from depression. No charges were brought against Hall for Wilson’s death.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Hall, who also served as a Danville police officer, was the first officer \u003ca href=\"https://www.kqed.org/news/11905820/more-bay-area-officers-are-being-prosecuted-for-killing-people-does-this-really-signal-a-shift-in-police-accountability\">amid a wave of recent police prosecutions in the Bay Area\u003c/a> to be found guilty and sentenced. Six years was one of the longest sentences a California officer has received for an on-duty shooting.\u003c/p>\n\u003cp>Hall was originally charged with assault with a deadly weapon and voluntary manslaughter in Arboleda’s death, but a jury deadlock on the second charge led to its dismissal. Contra Costa County Superior Court Judge Terri Mockler sentenced Hall to three years for assault and an additional three years for causing great bodily injury.\u003c/p>\n\u003cp>Contra Costa County Sheriff David Livingston said his office welcomes Hall’s release and that he “never should have been in prison in the first place.” Livingston said Hall made a split-second decision to protect himself and others when he used deadly force on Arboleda.\u003c/p>\n\u003cp>“It’s time we stop feeling sympathy for dangerous criminals and start supporting law-abiding Contra Costa residents and the warriors that defend them,” Livingston, who publicly supported Hall and criticized Mockler, said in a statement to KQED.\u003c/p>\n\u003cp>Because Hall was convicted of a felony crime, he was supposed to serve 85% of his sentence before being eligible for parole. He challenged the conviction, but a \u003ca href=\"https://www.courts.ca.gov/opinions/nonpub/A165142.PDF\">three-judge panel\u003c/a> rejected his appeal last year.\u003c/p>\n\u003cp>“Hall’s release is very disappointing and re-traumatizing,” Leong said in a statement. “We are still grieving and when we found out that he was being released early we were completely devastated. These are lives we’re talking about.”\u003c/p>\n\u003cp>\u003cem>KQED’s \u003ca href=\"https://www.kqed.org/author/skennedy\">Samantha Kennedy\u003c/a> contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"slug": "defense-casts-victims-as-manipulative-in-east-bay-prison-sex-abuse-trial-with-more-ahead",
"title": "Defense Casts Victims as ‘Manipulative’ in East Bay Prison Sex Abuse Trial, With More Ahead",
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"headTitle": "Defense Casts Victims as ‘Manipulative’ in East Bay Prison Sex Abuse Trial, With More Ahead | KQED",
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"content": "\u003cp>The final criminal trial for a former \u003ca href=\"https://www.kqed.org/news/tag/fci-dublin\">FCI Dublin\u003c/a> prison official charged with sexual abuse will take more than a weeklong break, as the defense tries to paint a \u003ca href=\"https://www.kqed.org/news/12031584/east-bay-prison-sex-abuse-trial-opens-account-guards-ultimate-control\">positive picture\u003c/a> of former correctional officer Darrell Wayne Smith.\u003c/p>\n\u003cp>On Wednesday, six witnesses testifying in defense of Smith — who faces 15 charges relating to alleged sexual misconduct — described him as “professional” and said that after the prison’s former warden was charged with abuse, they worried that false allegations could be made against officers.\u003c/p>\n\u003cp>The defense’s final witness, Ed Canales, was an inspector at the prison tasked with investigating those abuse allegations. He won’t testify until next Thursday for medical reasons, prompting a pause in the weekslong trial.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Smith is accused of \u003ca href=\"https://www.kqed.org/news/12031367/for-years-abuse-plagued-an-east-bay-prison-dubbed-the-rape-club-one-trial-remains\">sexually abusing\u003c/a> five women who were incarcerated at FCI Dublin between 2016 and 2021, while he worked as a counselor, and later, a correctional officer. He is one of \u003ca href=\"https://www.kqed.org/news/12018828/prison-sex-abuse-survivor-speaks-on-fci-dublins-cultural-rot-after-record-settlement\">eight former officials\u003c/a> who were charged with abuse amid a sprawling \u003ca href=\"https://www.kqed.org/news/11987663/us-representatives-call-for-investigation-into-abrupt-east-bay-prison-shutdown\">federal investigation\u003c/a> into the prison, which revealed a culture of sexual misconduct, retaliation and cover-ups. The other seven have been convicted.\u003c/p>\n\u003cp>The five women who are named in his suit — and a handful of others who were incarcerated around the same time — testified during the first six days of the trial that Smith made sexual comments toward them, forced them to lift up their tops in front of him and penetrated them with his fingers. One woman said he forced her to have sex with him.\u003c/p>\n\u003cp>But the defense has tried to cast doubt on the veracity of the women’s allegations.\u003c/p>\n\u003cp>Former colleagues and three other formerly incarcerated women who knew him primarily as a counselor, called to court by Smith’s attorneys, described his demeanor as fairly typical — a stark contrast to the casual, underdressed and flirty behavior described by victims.\u003c/p>\n\u003cp>[aside postID=news_12032044 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250318-FCI-DUBLIN-VB-1A-KQED-1020x574.jpg']\u003c/p>\n\u003cp>Defense attorney Joanna Sheridan also asked Rachel Reyes, who has worked at FCI Dublin for 17 years as a secretary in the housing units and occasionally covered officers’ shifts, about two of the victims’ “trustworthiness.”\u003c/p>\n\u003cp>Reyes testified that one of the women seemed “very dishonest and manipulative.”\u003c/p>\n\u003cp>Then, she described the other, whose disciplinary committee Reyes sat on after an unrelated incident, as disrespectful and said the witness didn’t seem to want to tell the truth.\u003c/p>\n\u003cp>Reyes also testified that after the prison’s former warden, Ray Garcia, was initially charged with sexually abusing incarcerated women in 2021, she was worried she could be falsely accused of similar crimes.\u003c/p>\n\u003cp>After “the case with Warden Garcia and other statements, [incarcerated women] were starting to be released and get money,” she said. “That’s when I felt we [the employees] lost control.”\u003c/p>\n\u003cp>Reyes told the jury that it felt like “anyone could say anything.”\u003c/p>\n\u003cp>The defense also repeatedly questioned two other Dublin officials about whether there was an increase in mail from lawyers soliciting abuse allegations after Garcia’s arrest.\u003c/p>\n\u003cp>Armando Sandoval, who worked in the mailroom at Dublin, first said that after Garcia was charged, the flow of legal mail “remained constant.” After further questioning, he said that the prison “would receive hundreds of solicitation mail from different law groups trying to solicit cases” around that time.\u003c/p>\n\u003cp>After Canales takes the stand next week, Judge Yvonne Gonzalez Rogers will decide whether the prosecution has grounds for a rebuttal.\u003c/p>\n\u003cp>Smith is not expected to testify.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The final criminal trial for a former \u003ca href=\"https://www.kqed.org/news/tag/fci-dublin\">FCI Dublin\u003c/a> prison official charged with sexual abuse will take more than a weeklong break, as the defense tries to paint a \u003ca href=\"https://www.kqed.org/news/12031584/east-bay-prison-sex-abuse-trial-opens-account-guards-ultimate-control\">positive picture\u003c/a> of former correctional officer Darrell Wayne Smith.\u003c/p>\n\u003cp>On Wednesday, six witnesses testifying in defense of Smith — who faces 15 charges relating to alleged sexual misconduct — described him as “professional” and said that after the prison’s former warden was charged with abuse, they worried that false allegations could be made against officers.\u003c/p>\n\u003cp>The defense’s final witness, Ed Canales, was an inspector at the prison tasked with investigating those abuse allegations. He won’t testify until next Thursday for medical reasons, prompting a pause in the weekslong trial.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Smith is accused of \u003ca href=\"https://www.kqed.org/news/12031367/for-years-abuse-plagued-an-east-bay-prison-dubbed-the-rape-club-one-trial-remains\">sexually abusing\u003c/a> five women who were incarcerated at FCI Dublin between 2016 and 2021, while he worked as a counselor, and later, a correctional officer. He is one of \u003ca href=\"https://www.kqed.org/news/12018828/prison-sex-abuse-survivor-speaks-on-fci-dublins-cultural-rot-after-record-settlement\">eight former officials\u003c/a> who were charged with abuse amid a sprawling \u003ca href=\"https://www.kqed.org/news/11987663/us-representatives-call-for-investigation-into-abrupt-east-bay-prison-shutdown\">federal investigation\u003c/a> into the prison, which revealed a culture of sexual misconduct, retaliation and cover-ups. The other seven have been convicted.\u003c/p>\n\u003cp>The five women who are named in his suit — and a handful of others who were incarcerated around the same time — testified during the first six days of the trial that Smith made sexual comments toward them, forced them to lift up their tops in front of him and penetrated them with his fingers. One woman said he forced her to have sex with him.\u003c/p>\n\u003cp>But the defense has tried to cast doubt on the veracity of the women’s allegations.\u003c/p>\n\u003cp>Former colleagues and three other formerly incarcerated women who knew him primarily as a counselor, called to court by Smith’s attorneys, described his demeanor as fairly typical — a stark contrast to the casual, underdressed and flirty behavior described by victims.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Defense attorney Joanna Sheridan also asked Rachel Reyes, who has worked at FCI Dublin for 17 years as a secretary in the housing units and occasionally covered officers’ shifts, about two of the victims’ “trustworthiness.”\u003c/p>\n\u003cp>Reyes testified that one of the women seemed “very dishonest and manipulative.”\u003c/p>\n\u003cp>Then, she described the other, whose disciplinary committee Reyes sat on after an unrelated incident, as disrespectful and said the witness didn’t seem to want to tell the truth.\u003c/p>\n\u003cp>Reyes also testified that after the prison’s former warden, Ray Garcia, was initially charged with sexually abusing incarcerated women in 2021, she was worried she could be falsely accused of similar crimes.\u003c/p>\n\u003cp>After “the case with Warden Garcia and other statements, [incarcerated women] were starting to be released and get money,” she said. “That’s when I felt we [the employees] lost control.”\u003c/p>\n\u003cp>Reyes told the jury that it felt like “anyone could say anything.”\u003c/p>\n\u003cp>The defense also repeatedly questioned two other Dublin officials about whether there was an increase in mail from lawyers soliciting abuse allegations after Garcia’s arrest.\u003c/p>\n\u003cp>Armando Sandoval, who worked in the mailroom at Dublin, first said that after Garcia was charged, the flow of legal mail “remained constant.” After further questioning, he said that the prison “would receive hundreds of solicitation mail from different law groups trying to solicit cases” around that time.\u003c/p>\n\u003cp>After Canales takes the stand next week, Judge Yvonne Gonzalez Rogers will decide whether the prosecution has grounds for a rebuttal.\u003c/p>\n\u003cp>Smith is not expected to testify.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
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"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
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"possible": {
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"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
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"radiolab": {
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},
"rightnowish": {
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"title": "Rightnowish",
"tagline": "Art is where you find it",
"info": "Rightnowish digs into life in the Bay Area right now… ish. Journalist Pendarvis Harshaw takes us to galleries painted on the sides of liquor stores in West Oakland. We'll dance in warehouses in the Bayview, make smoothies with kids in South Berkeley, and listen to classical music in a 1984 Cutlass Supreme in Richmond. Every week, Pen talks to movers and shakers about how the Bay Area shapes what they create, and how they shape the place we call home.",
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"info": "The Snap Judgment radio show and podcast mixes real stories with killer beats to produce cinematic, dramatic radio. Snap's musical brand of storytelling dares listeners to see the world through the eyes of another. This is storytelling... with a BEAT!! Snap first aired on public radio stations nationwide in July 2010. Today, Snap Judgment airs on over 450 public radio stations and is brought to the airwaves by KQED & PRX.",
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"soldout": {
"id": "soldout",
"title": "SOLD OUT: Rethinking Housing in America",
"tagline": "A new future for housing",
"info": "Sold Out: Rethinking Housing in America",
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