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"content": "\u003cp>A federal judge overturned the death penalty conviction of an incarcerated person after the California Attorney General found \u003ca href=\"https://www.kqed.org/news/tag/alameda-county\">Alameda County\u003c/a> prosecutors had barred Black residents from the jury box.\u003c/p>\n\u003cp>In 1986, Curtis Lee Ervin was allegedly hired by Robert McDonald to kill his ex-wife, Carlene McDonald. Ervin, 71, was convicted and sentenced to death in 1991. He is incarcerated at California Health Care Facility, a prison for incarcerated people with long-term health needs in Stockton. McDonald, who was also convicted for the death of Carlene McDonald, died in prison.\u003c/p>\n\u003cp>At a press conference on Wednesday, Alameda County District Attorney Pamela Price said her office has until the end of September to decide whether to refile charges or dismiss the case against Ervin.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“It is clear that the prosecution of this case was very problematic,” Price said. “There is evidence of serious prosecutorial misconduct, of misrepresentations to the court and a lack of accountability in this office at that time.”\u003c/p>\n\u003cp>According to court filings, prosecutors in Ervin’s trial removed nine out of 11 prospective jurors who identified as Black. The jury included only one Black person, with another selected as an alternate.\u003c/p>\n\u003cp>Price is in the process of reviewing all of the county’s death penalty convictions with a living defendant. Judge Vince Chhabria of the U.S. District Court of Northern California ordered the review following allegations that the Alameda County District Attorney’s office had a practice of unlawfully excluding Black and Jewish jurors from death penalty trials. Federal law prohibits the use of race or ethnicity in jury selection.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">[aside postID=news_11996494 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240717-NEWSOM-PRICE-DIPTYCH-MD-01-KQED-1020x680.jpg']\u003c/span>\u003c/p>\n\u003cp>In addition to misconduct in jury selection, the DA’s initial review found that former Alameda County prosecutor James Anderson used racist imagery and stereotypes in an opening statement to Thomas’ trial. \u003ca href=\"https://www.kqed.org/news/11975584/californias-groundbreaking-racial-justice-act-cuts-its-teeth-in-contra-costa\">California passed the Racial Justice for All Act in 2021\u003c/a>, which retroactively made racism by prosecutors and other justice system actors illegal. Anderson \u003ca href=\"https://www.eastbaytimes.com/2004/10/07/a-passionate-foe-of-killers-cedes-stage-after-34-years/\">retired\u003c/a> in 2016.\u003c/p>\n\u003cp>Last month, Price announced that she had asked the Alameda County Superior Court to \u003ca href=\"https://www.kqed.org/news/11995937/alameda-county-da-seeks-new-sentences-for-3-people-on-death-row-amid-misconduct-record-destruction-claims\">resentence three men on death row in California\u003c/a>. In two of the cases, prosecutorial misconduct is alleged. Her office filed motions requesting the resentencing hearings, and the first was on July 17. The other two were scheduled for August.\u003c/p>\n\u003cp>Price said the lead attorney involved in Ervin’s trial, James Anderson, retired in 2016. According to \u003ca href=\"https://www.eastbaytimes.com/2004/10/07/a-passionate-foe-of-killers-cedes-stage-after-34-years/\">reporting by the \u003cem>East Bay Times\u003c/em>\u003c/a>, Anderson sent 10 people tried in the county to death row. Price said she is still in the process of determining whether other staff who worked on the case remain in the office.\u003c/p>\n\u003cp>Price said Ervin would not be immediately released from prison. Before being released, Price said he would be evaluated by prison officials.\u003c/p>\n\u003cp>“Our experience is that it’s generally nine to 10 months before that happens,” Price said.\u003c/p>\n\u003cp>\u003c/p>\n",
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"excerpt": "The judge overturned the death penalty of an incarcerated individual due to racial jury bias, as District Attorney Pamela Price reviews all death penalty cases following findings of unlawful exclusion of Black jurors.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal judge overturned the death penalty conviction of an incarcerated person after the California Attorney General found \u003ca href=\"https://www.kqed.org/news/tag/alameda-county\">Alameda County\u003c/a> prosecutors had barred Black residents from the jury box.\u003c/p>\n\u003cp>In 1986, Curtis Lee Ervin was allegedly hired by Robert McDonald to kill his ex-wife, Carlene McDonald. Ervin, 71, was convicted and sentenced to death in 1991. He is incarcerated at California Health Care Facility, a prison for incarcerated people with long-term health needs in Stockton. McDonald, who was also convicted for the death of Carlene McDonald, died in prison.\u003c/p>\n\u003cp>At a press conference on Wednesday, Alameda County District Attorney Pamela Price said her office has until the end of September to decide whether to refile charges or dismiss the case against Ervin.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“It is clear that the prosecution of this case was very problematic,” Price said. “There is evidence of serious prosecutorial misconduct, of misrepresentations to the court and a lack of accountability in this office at that time.”\u003c/p>\n\u003cp>According to court filings, prosecutors in Ervin’s trial removed nine out of 11 prospective jurors who identified as Black. The jury included only one Black person, with another selected as an alternate.\u003c/p>\n\u003cp>Price is in the process of reviewing all of the county’s death penalty convictions with a living defendant. Judge Vince Chhabria of the U.S. District Court of Northern California ordered the review following allegations that the Alameda County District Attorney’s office had a practice of unlawfully excluding Black and Jewish jurors from death penalty trials. Federal law prohibits the use of race or ethnicity in jury selection.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/span>\u003c/p>\n\u003cp>In addition to misconduct in jury selection, the DA’s initial review found that former Alameda County prosecutor James Anderson used racist imagery and stereotypes in an opening statement to Thomas’ trial. \u003ca href=\"https://www.kqed.org/news/11975584/californias-groundbreaking-racial-justice-act-cuts-its-teeth-in-contra-costa\">California passed the Racial Justice for All Act in 2021\u003c/a>, which retroactively made racism by prosecutors and other justice system actors illegal. Anderson \u003ca href=\"https://www.eastbaytimes.com/2004/10/07/a-passionate-foe-of-killers-cedes-stage-after-34-years/\">retired\u003c/a> in 2016.\u003c/p>\n\u003cp>Last month, Price announced that she had asked the Alameda County Superior Court to \u003ca href=\"https://www.kqed.org/news/11995937/alameda-county-da-seeks-new-sentences-for-3-people-on-death-row-amid-misconduct-record-destruction-claims\">resentence three men on death row in California\u003c/a>. In two of the cases, prosecutorial misconduct is alleged. Her office filed motions requesting the resentencing hearings, and the first was on July 17. The other two were scheduled for August.\u003c/p>\n\u003cp>Price said the lead attorney involved in Ervin’s trial, James Anderson, retired in 2016. According to \u003ca href=\"https://www.eastbaytimes.com/2004/10/07/a-passionate-foe-of-killers-cedes-stage-after-34-years/\">reporting by the \u003cem>East Bay Times\u003c/em>\u003c/a>, Anderson sent 10 people tried in the county to death row. Price said she is still in the process of determining whether other staff who worked on the case remain in the office.\u003c/p>\n\u003cp>Price said Ervin would not be immediately released from prison. Before being released, Price said he would be evaluated by prison officials.\u003c/p>\n\u003cp>“Our experience is that it’s generally nine to 10 months before that happens,” Price said.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>The effort to \u003ca href=\"https://www.kqed.org/news/11989214/ethics-probe-hangs-over-campaign-to-recall-oakland-mayor-as-it-files-signatures\">recall Oakland Mayor Sheng Thao\u003c/a> is being funded almost entirely by one hedge fund manager, new campaign finance reports show, and he appears to live in a different city.\u003c/p>\n\u003cp>Philip Dreyfuss, a partner at San Francisco’s Farallon Capital Management, has given more than $480,000 to the recall campaign through a committee called Foundational Oakland Unites, according to a disclosure the committee filed Wednesday. That represents over 80% of the total fundraising by the Oakland United to Recall Sheng Thao campaign.\u003c/p>\n\u003cp>According to city planning documents from 2019, Dreyfuss lives with his wife in a home in Piedmont, but this week’s committee filing lists his address as Oakland.\u003c/p>\n\u003cp>Dreyfuss has not responded to multiple requests for comment.\u003c/p>\n\u003cp>Foundational Oakland Unites reported taking in over $605,000 between Jan. 1 and June 30—all of it from Dreyfuss, Wednesday’s filing shows. Most of that money went to the recall campaign, and nearly $125,000 was given to an effort to get rid of ranked-choice voting in Oakland.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The recall funding included $130,000 in direct contributions, about $337,500 in nonmonetary contributions and $13,000 in loans, according to the committee filing. The nonmonetary contributions involved paying $335,000 to the Newport Beach company that gathered signatures to get the recall effort on November’s ballot and $2,500 to the shop that printed the petitions.\u003c/p>\n\u003cp>Dreyfuss is also among the largest contributors to the effort to \u003ca href=\"https://www.kqed.org/news/11991842/prosecutors-union-votes-to-recall-alameda-county-da-pamela-price\">recall Alameda County District Attorney Pamela Price\u003c/a>, having given or lent around $600,000 to the campaign. Both recall efforts will appear on the November ballot.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The campaigns in Oakland and Alameda County follow a string of similar efforts to recall elected officials across California, funded in large part by deep-pocketed donors like Dreyfuss. In 2022, he was also a major donor to the successful campaign to recall San Francisco District Attorney Chesa Boudin.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The effort to \u003ca href=\"https://www.kqed.org/news/11989214/ethics-probe-hangs-over-campaign-to-recall-oakland-mayor-as-it-files-signatures\">recall Oakland Mayor Sheng Thao\u003c/a> is being funded almost entirely by one hedge fund manager, new campaign finance reports show, and he appears to live in a different city.\u003c/p>\n\u003cp>Philip Dreyfuss, a partner at San Francisco’s Farallon Capital Management, has given more than $480,000 to the recall campaign through a committee called Foundational Oakland Unites, according to a disclosure the committee filed Wednesday. That represents over 80% of the total fundraising by the Oakland United to Recall Sheng Thao campaign.\u003c/p>\n\u003cp>According to city planning documents from 2019, Dreyfuss lives with his wife in a home in Piedmont, but this week’s committee filing lists his address as Oakland.\u003c/p>\n\u003cp>Dreyfuss has not responded to multiple requests for comment.\u003c/p>\n\u003cp>Foundational Oakland Unites reported taking in over $605,000 between Jan. 1 and June 30—all of it from Dreyfuss, Wednesday’s filing shows. Most of that money went to the recall campaign, and nearly $125,000 was given to an effort to get rid of ranked-choice voting in Oakland.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The recall funding included $130,000 in direct contributions, about $337,500 in nonmonetary contributions and $13,000 in loans, according to the committee filing. The nonmonetary contributions involved paying $335,000 to the Newport Beach company that gathered signatures to get the recall effort on November’s ballot and $2,500 to the shop that printed the petitions.\u003c/p>\n\u003cp>Dreyfuss is also among the largest contributors to the effort to \u003ca href=\"https://www.kqed.org/news/11991842/prosecutors-union-votes-to-recall-alameda-county-da-pamela-price\">recall Alameda County District Attorney Pamela Price\u003c/a>, having given or lent around $600,000 to the campaign. Both recall efforts will appear on the November ballot.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The campaigns in Oakland and Alameda County follow a string of similar efforts to recall elected officials across California, funded in large part by deep-pocketed donors like Dreyfuss. In 2022, he was also a major donor to the successful campaign to recall San Francisco District Attorney Chesa Boudin.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "west-oakland-steel-recycler-charged-with-10-crimes-after-toxic-fire-last-summer",
"title": "West Oakland Steel Recycler Charged With 10 Crimes After Toxic Fire Last Summer",
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"content": "\u003cp>Radius Steel and two company leaders were charged with 10 environmental crimes for a \u003ca href=\"https://www.kqed.org/news/11957894/smelly-smoke-from-oakland-metal-recycler-fire-prompts-health-concerns\">fire that broke out last August\u003c/a> at the large scrap metal processing plant near the Port of Oakland, Alameda County District Attorney Pamela Price announced Tuesday.\u003c/p>\n\u003cp>The charges allege that Radius Steel, Daniel Woltman and Dane Morales recklessly managed hazardous materials and later engaged in a cover-up. The company and the two men are also charged with violating local air quality regulations and state toxic substance control laws.\u003c/p>\n\u003cp>The charges are the first ever filed by an Alameda County district attorney for environmental crimes committed by a corporation, according to Price.\u003c/p>\n\u003cp>“This administration will not allow corporate criminals to poison our community recklessly and just walk away having made a profit and get off with a slap on the wrist,” she said at a press conference.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>On Aug. 9, 2023, the fire at Radius Recycling, formerly Schnitzer Steel, sent plumes of gray, toxic smoke over the East Bay. Price announced an investigation into the Oregon-based company days later. The charges were filed at the end of June following a grand jury indictment and unsealed this week.\u003c/p>\n\u003cfigure id=\"attachment_11957857\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11957857\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230809-altenberg-port-fire-3-KQED.jpg\" alt=\"Large clouds of smoke rise from an industrial-looking space where many truck cabs are parked.\" width=\"2000\" height=\"1336\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230809-altenberg-port-fire-3-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230809-altenberg-port-fire-3-KQED-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230809-altenberg-port-fire-3-KQED-1020x681.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230809-altenberg-port-fire-3-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230809-altenberg-port-fire-3-KQED-1536x1026.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230809-altenberg-port-fire-3-KQED-1920x1283.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Smoke rises from a fire burning at Schnitzer Steel in Oakland on Aug. 10, 2023. \u003ccite>(Nik Altenberg/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>If found guilty, Radius would be liable for between $625,000 and $33 million in criminal fines, according to Price’s office. Woltmann and Morales could face up to three years in county jail, in addition to financial penalties.\u003c/p>\n\u003cp>“We believe that Radius has often shrugged off the regulations when it was convenient to them, treating minor administrative fines and civil penalties as the cost of doing business,” Price said. “There is a new day in Alameda County and we intend to hold people accountable. No one is above the law, and we will no longer have a double standard.”\u003c/p>\n\u003cp>In a statement, Aaron Dyer, an attorney for Radius, said the company does not treat or store hazardous waste, and it did not hide or destroy any evidence.\u003c/p>\n\u003cp>“We are fully confident that the company’s actions will be proven to have prioritized public safety and compliance with the law,” he said.\u003c/p>\n\u003cp>Michael Hunt, a spokesperson for the Oakland Fire Department, said the fire started in a pile of scrap metal and was likely caused by a lithium battery. The facility shreds cars and other large appliances. The size of the scrap pile prevented firefighters from reaching the source of the fire for hours, according to Hunt. County and city officials advised residents near the Port of Oakland to avoid Jack London Square and to keep windows closed.\u003c/p>\n\u003cp>“The most impacted areas were immediately downwind of the fire. So that was East Oakland, West Oakland and other areas along the I-80 corridor, which are historically overburdened communities that kind of experience a disproportionate impact and exposure to poor air pollution already,” Michael Flagg, principal air quality specialist at Bay Area Air Quality Management District told KQED in August 2023.\u003c/p>\n\u003cp>Environmental justice advocates have long called for the facility to leave the city, citing harmful smoke from frequent fires. The facility was the site of large fires in 2009, 2010, 2018 and 2020.\u003c/p>\n\u003cp>In 2020, the \u003ca href=\"https://www.kqed.org/news/11832073/as-file-suit-against-state-agency-to-regulate-steel-recycler\">Oakland A’s sued\u003c/a> to have the waste materials created by the plant reclassified as hazardous, alleging that five smaller fires had occurred at the facility since 2018. The A’s \u003ca href=\"https://www.sfchronicle.com/bayarea/article/State-Supreme-Court-rejects-Oakland-A-s-legal-17726660.php\">lost\u003c/a> the legal challenge.\u003c/p>\n\u003cp>Past investigations by the Alameda County DA and the California Department of Toxic Substances Control found that the facility released particulate matter contaminated with hazardous metals such as lead, cadmium and zinc. The investigations were cited in a 2021 \u003ca href=\"https://oag.ca.gov/news/press-releases/attorney-general-becerra-announces-41-million-settlement-schnitzer-steel\">settlement\u003c/a> between Schnitzer and the state Department of Justice over “the release of toxic air contaminants and hazardous particulates” in West Oakland and across the Oakland estuary.\u003c/p>\n\u003cp>While Price called the number of fires significant, the Oakland Fire Department said fires at the facility “are not frequent” compared to other fire sources the city responds to.\u003c/p>\n\u003cp>“Awareness and interest in fires at Schnitzer has grown over the last few years,” Hunt said, adding that frequent fires at homeless encampments, which often include burning plastics, pose a more daily source of local air pollution.\u003c/p>\n\u003cp>Margaret Gordon, the co-founder of the West Oakland Environmental Indicators Project, an environmental justice organization, said pollution from trucks, ships and fires in and around the Port of Oakland, as well as fires at nearby homeless encampments, contribute to the poor air quality in her West Oakland neighborhood.\u003c/p>\n\u003cp>“I’m glad that they saw the impact and investigated with the depth that they did,” Gordon said.\u003c/p>\n\u003cp>\u003cem>The Alameda County District Attorney’s Office is requesting anyone who was impacted by the fire to contact its consumer justice bureau by email at \u003ca href=\"mailto:askcjb-da@acgov.org\">askcjb-da@acgov.org\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n",
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"excerpt": "The charges are the first ever filed by an Alameda County district attorney for environmental crimes committed by a corporation, according to current DA Pamela Price. ",
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"title": "West Oakland Steel Recycler Charged With 10 Crimes After Toxic Fire Last Summer | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Radius Steel and two company leaders were charged with 10 environmental crimes for a \u003ca href=\"https://www.kqed.org/news/11957894/smelly-smoke-from-oakland-metal-recycler-fire-prompts-health-concerns\">fire that broke out last August\u003c/a> at the large scrap metal processing plant near the Port of Oakland, Alameda County District Attorney Pamela Price announced Tuesday.\u003c/p>\n\u003cp>The charges allege that Radius Steel, Daniel Woltman and Dane Morales recklessly managed hazardous materials and later engaged in a cover-up. The company and the two men are also charged with violating local air quality regulations and state toxic substance control laws.\u003c/p>\n\u003cp>The charges are the first ever filed by an Alameda County district attorney for environmental crimes committed by a corporation, according to Price.\u003c/p>\n\u003cp>“This administration will not allow corporate criminals to poison our community recklessly and just walk away having made a profit and get off with a slap on the wrist,” she said at a press conference.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>On Aug. 9, 2023, the fire at Radius Recycling, formerly Schnitzer Steel, sent plumes of gray, toxic smoke over the East Bay. Price announced an investigation into the Oregon-based company days later. The charges were filed at the end of June following a grand jury indictment and unsealed this week.\u003c/p>\n\u003cfigure id=\"attachment_11957857\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11957857\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230809-altenberg-port-fire-3-KQED.jpg\" alt=\"Large clouds of smoke rise from an industrial-looking space where many truck cabs are parked.\" width=\"2000\" height=\"1336\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230809-altenberg-port-fire-3-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230809-altenberg-port-fire-3-KQED-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230809-altenberg-port-fire-3-KQED-1020x681.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230809-altenberg-port-fire-3-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230809-altenberg-port-fire-3-KQED-1536x1026.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230809-altenberg-port-fire-3-KQED-1920x1283.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Smoke rises from a fire burning at Schnitzer Steel in Oakland on Aug. 10, 2023. \u003ccite>(Nik Altenberg/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>If found guilty, Radius would be liable for between $625,000 and $33 million in criminal fines, according to Price’s office. Woltmann and Morales could face up to three years in county jail, in addition to financial penalties.\u003c/p>\n\u003cp>“We believe that Radius has often shrugged off the regulations when it was convenient to them, treating minor administrative fines and civil penalties as the cost of doing business,” Price said. “There is a new day in Alameda County and we intend to hold people accountable. No one is above the law, and we will no longer have a double standard.”\u003c/p>\n\u003cp>In a statement, Aaron Dyer, an attorney for Radius, said the company does not treat or store hazardous waste, and it did not hide or destroy any evidence.\u003c/p>\n\u003cp>“We are fully confident that the company’s actions will be proven to have prioritized public safety and compliance with the law,” he said.\u003c/p>\n\u003cp>Michael Hunt, a spokesperson for the Oakland Fire Department, said the fire started in a pile of scrap metal and was likely caused by a lithium battery. The facility shreds cars and other large appliances. The size of the scrap pile prevented firefighters from reaching the source of the fire for hours, according to Hunt. County and city officials advised residents near the Port of Oakland to avoid Jack London Square and to keep windows closed.\u003c/p>\n\u003cp>“The most impacted areas were immediately downwind of the fire. So that was East Oakland, West Oakland and other areas along the I-80 corridor, which are historically overburdened communities that kind of experience a disproportionate impact and exposure to poor air pollution already,” Michael Flagg, principal air quality specialist at Bay Area Air Quality Management District told KQED in August 2023.\u003c/p>\n\u003cp>Environmental justice advocates have long called for the facility to leave the city, citing harmful smoke from frequent fires. The facility was the site of large fires in 2009, 2010, 2018 and 2020.\u003c/p>\n\u003cp>In 2020, the \u003ca href=\"https://www.kqed.org/news/11832073/as-file-suit-against-state-agency-to-regulate-steel-recycler\">Oakland A’s sued\u003c/a> to have the waste materials created by the plant reclassified as hazardous, alleging that five smaller fires had occurred at the facility since 2018. The A’s \u003ca href=\"https://www.sfchronicle.com/bayarea/article/State-Supreme-Court-rejects-Oakland-A-s-legal-17726660.php\">lost\u003c/a> the legal challenge.\u003c/p>\n\u003cp>Past investigations by the Alameda County DA and the California Department of Toxic Substances Control found that the facility released particulate matter contaminated with hazardous metals such as lead, cadmium and zinc. The investigations were cited in a 2021 \u003ca href=\"https://oag.ca.gov/news/press-releases/attorney-general-becerra-announces-41-million-settlement-schnitzer-steel\">settlement\u003c/a> between Schnitzer and the state Department of Justice over “the release of toxic air contaminants and hazardous particulates” in West Oakland and across the Oakland estuary.\u003c/p>\n\u003cp>While Price called the number of fires significant, the Oakland Fire Department said fires at the facility “are not frequent” compared to other fire sources the city responds to.\u003c/p>\n\u003cp>“Awareness and interest in fires at Schnitzer has grown over the last few years,” Hunt said, adding that frequent fires at homeless encampments, which often include burning plastics, pose a more daily source of local air pollution.\u003c/p>\n\u003cp>Margaret Gordon, the co-founder of the West Oakland Environmental Indicators Project, an environmental justice organization, said pollution from trucks, ships and fires in and around the Port of Oakland, as well as fires at nearby homeless encampments, contribute to the poor air quality in her West Oakland neighborhood.\u003c/p>\n\u003cp>“I’m glad that they saw the impact and investigated with the depth that they did,” Gordon said.\u003c/p>\n\u003cp>\u003cem>The Alameda County District Attorney’s Office is requesting anyone who was impacted by the fire to contact its consumer justice bureau by email at \u003ca href=\"mailto:askcjb-da@acgov.org\">askcjb-da@acgov.org\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"title": "Newsom Tried to Send a Prosecutor to Help Alameda County DA. Here's Why It Collapsed",
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"content": "\u003cp>Gov. Gavin Newsom is taking back state resources from local jurisdictions that don’t act on his priorities.\u003c/p>\n\u003cp>Twelve days ago, Newsom \u003ca href=\"https://www.kqed.org/news/11993611/newsom-to-quadruple-chp-deployment-in-oakland-ramping-up-states-policing-role\">rescinded an offer\u003c/a> to send a state attorney to the Alameda County District Attorney’s Office to assist with drug prosecutions, saying the offer had not been “enthusiastically embraced” by District Attorney Pamela Price.\u003c/p>\n\u003cp>Then, last week, he revoked a $10 million grant for San Diego County to build tiny homes for people experiencing homelessness because, according to \u003ca href=\"https://www.politico.com/news/2024/07/16/newsom-withdraws-10m-tiny-homes-grant-for-san-diego-00168514\">reporting\u003c/a> by Politico, officials didn’t act fast enough to build the homes.\u003c/p>\n\u003cp>Newsom, who has faced criticism from conservatives on the state’s handling of homelessness and public safety, has ratcheted up his focus on these issues in recent months. He proposed \u003ca href=\"https://www.kqed.org/news/11982070/campaign-to-roll-back-prop-47-criminal-justice-reforms-could-head-to-voters\">a plan to reform Proposition 47\u003c/a>, which decreased penalties for property crimes; deployed California Highway Patrol officers across the state to aid local law enforcement; and \u003ca href=\"https://www.politico.com/news/2024/04/18/newsom-tougher-stance-cities-combating-homelessness-00152983#:~:text=California%20Gov.,ahead%20of%20an%20announcement%20Thursday.\">announced a plan\u003c/a> to hold cities accountable if they fail to build low-income housing, among other actions.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“All of us have to step up and be accountable. It’s a serious moment, a crisis for members of the community,” Newsom said at a press conference in Oakland on July 11, adding that Alameda County wasn’t responding with urgency to address public safety challenges.\u003c/p>\n\u003cp>According to \u003ca href=\"https://openjustice.doj.ca.gov/exploration/crime-statistics/crimes-clearances\">data\u003c/a> from the state Department of Justice, violent crime has been on the rise in the county since 2021.\u003c/p>\n\u003cp>“Rather than lament about it and just spend all my time pointing fingers, we’re now working around this,” Newsom said, announcing the state attorney he’d planned to send to Price’s office is now being rerouted to work with the state Attorney General’s office on cases that originate in the county.[aside postID=news_11993611 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/07/240711-NEWSOM-CARS-AF-01-KQED-1020x680.jpg']Price, who faces a recall election in November, immediately swung back. She accused Newsom of acting rashly and said he disregarded how the negotiations played out.\u003c/p>\n\u003cp>“I hope the governor will get the facts and call us,” Price said at her own press conference on July 11.\u003c/p>\n\u003cp>Newsom first announced his plan to provide the Alameda DA’s office with extra state attorneys \u003ca href=\"https://www.kqed.org/news/11975161/newsom-to-send-state-prosecutors-to-oakland-to-help-crack-down-on-rising-crime\">in February.\u003c/a> The plan was modeled after a \u003ca href=\"https://www.sfchronicle.com/politics/article/newsom-fentanyl-drug-crisis-sf-breed-tenderloin-17911401.php\">similar partnership\u003c/a> agreement made with San Francisco’s District Attorney in 2023. The February announcement was timed to coincide with a deployment of California Highway Patrol officers to assist East Bay law enforcement.\u003c/p>\n\u003cp>The plan was seemingly simple: The three California National Guard working in San Francisco would transition to Alameda County as they finished their assignments, according to Price. Because of limits on what military personnel can work on, the attorneys would only be able to assist in drug prosecutions.\u003c/p>\n\u003cp>At the time, Price said she welcomed the assistance, but details remained hazy about who the attorneys were, when they would arrive and how long they would stay in Alameda County. Price said she was notified of Newsom’s February plan one day before the public announcement.\u003c/p>\n\u003cp>Price said there was initially confusion about how her office handles drug cases. The vast majority of drug cases follow what is called a horizontal prosecution model, which means attorneys are assigned to different parts of the court process. As a criminal case progresses, it moves from one attorney to the next. In any given case, for example, one attorney decides what charges to apply, another handles the arraignment of the defendant, another files preliminary motions and yet another manages the trial.\u003c/p>\n\u003cp>Some serious drug cases are handled by a coalition of law enforcement officers and prosecutors known as the Alameda County Narcotics Task Force. Assistant District Attorney Michael Nieto represents the DA’s office on the task force. He works in a vertical prosecution model, which means he handles cases from charging to disposition.\u003c/p>\n\u003cp>Price said Col. Mark Inaba, the Cal Guard attorney coordinating with her office, wanted the attorneys to work on serious drug cases and trials.\u003c/p>\n\u003cp>“We don’t operate like that,” Price recalled telling Inaba in an interview with KQED.\u003c/p>\n\u003cp>In 2023, alleged drug crimes made up 4% of felony arrests in Alameda County, compared to nearly 18% in San Francisco, according to data from the state Department of Justice. Price said the vast majority of the county’s drug cases are misdemeanors that often get resolved in the county’s diversion courts, not through criminal trials. Price said Inaba provided her office with a draft agreement regarding the attorneys’ work in the office and the attorneys’ resumes in early April.\u003c/p>\n\u003cfigure id=\"attachment_11991916\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11991916\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/PamelaPrice0624.jpg\" alt=\"\" width=\"1920\" height=\"1440\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/PamelaPrice0624.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/PamelaPrice0624-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/PamelaPrice0624-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/PamelaPrice0624-160x120.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/PamelaPrice0624-1536x1152.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Alameda County District Attorney Pamela Price speaks at a press conference on June 25, 2024. \u003ccite>(Annelise Finney/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Newsom’s office sent \u003ca href=\"https://drive.google.com/file/d/10yZPFwURVv0Qx4seEL4KnhQT6557Wmnu/view?pli=1\">a letter\u003c/a> to Price, dated the day before, announcing the decision to rescind his offer and outlining their efforts to facilitate the state attorney’s onboarding in Alameda County.\u003c/p>\n\u003cp>According to the letter, Cal Guard offered Price a legal advisor and judge advocate, both attorneys, who would work to support “the single person in your office assigned to handle narcotics cases.” Price said this referred to Nieto.\u003c/p>\n\u003cp>Price and Lt. Col. Brandon Hill, a spokesperson for Cal Guard, said the offer was for one attorney. Hill said the idea was to get that attorney in place in the office and then assess the need to scale up or down. Price said that the first attorney was supposed to be Maj. Frank Noey, who is serving with Cal Guard while on temporary leave from the Placer County District Attorney’s Office.\u003c/p>\n\u003cp>Price’s office interviewed Noey in May, according to Hill. That month, Price said Noey went on vacation, delaying the process. Hill said Cal Guard’s main point of contact in the DA’s office was Otis Bruce Jr., Price’s then-chief assistant district attorney.\u003c/p>\n\u003cp>Bruce stopped responding and Cal Guard didn’t hear from Price’s office again, Hill said. At the end of June, Price announced Bruce had resigned. At a press conference on June 25, Price declined to say why Bruce, who was previously \u003ca href=\"https://www.marinij.com/2023/07/10/marin-files-detail-misconduct-allegations-against-senior-prosecutor/\">accused of misconduct\u003c/a> in the Marin District Attorney’s Office, resigned.\u003c/p>\n\u003cp>Bruce and Noey did not respond to requests for comment.\u003c/p>\n\u003cp>By the time Newsom announced he was rescinding the offer to the DA’s office on July 10, five months had passed since the announcement of the plan. It took two weeks for the San Francisco District Attorney’s Office to onboard Cal Guard attorneys, Hill said.\u003c/p>\n\u003cp>“Would I have wanted it to go faster? Of course. I want everything to go fast,” Price told KQED on Wednesday, adding that it regularly takes the county months to onboard new employees. “I think that there was not enough understanding about how our office works or how the county functions. We’re not the city and County of San Francisco, and that was their expectation.”\u003c/p>\n\u003cp>Exactly how long Noey would have been in the office is a point of disagreement.\u003c/p>\n\u003cp>Price said her understanding was that Noey was available from June 1 to Aug. 12 at the latest — 48 business days. According to Cal Guard, Noey would have been available for 60 days with the possibility of extending to 90. In his work email auto-response from the Placer County DA’s office, Noey said he expects to return to the county by July 29.[aside postID=news_11995937 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2022/12/GettyImages-1322370857-1020x680.jpg']“If we’re going to bring someone on and train them and embed them in the office, I would want them to be here longer,” Price said at her July 11 press conference. “I thought that it would be more effective to have a lawyer who is actually trained and able to continue the case beyond a short period of time.”\u003c/p>\n\u003cp>Price also said there was a mismatch between the governor’s priorities and her own.\u003c/p>\n\u003cp>“He has a focus on working with CHP to address drug cases. We’re doing that already,” Price said. “Our office is focused on prosecuting serious homicides and prosecuting organized retail theft and prosecuting home invasions, burglaries and carjackings. These are the things that the residents of Alameda County, unfortunately, are experiencing.”\u003c/p>\n\u003cp>Newsom made one comment that particularly irked Price.\u003c/p>\n\u003cp>“The head of the narcotics unit actually has left,” Newsom said on July 11, referring to Nieto, who Newsom recently appointed to become a Superior Court Judge in Contra Costa County. “So now the unit has no supervisor and actually no personnel.”\u003c/p>\n\u003cp>Price said the statement was misleading. The DA’s office doesn’t have a specific narcotics unit, and Nieto hasn’t left yet because his appointment has not been confirmed. Price said the statement created the impression that her office isn’t prosecuting drug crimes.\u003c/p>\n\u003cp>“We recognize that we have a substance abuse and an addiction problem in Alameda County, and we’re using all of our tools to address it, not just one lawyer,” Price said Wednesday. “That was ridiculous to say that.”\u003c/p>\n\u003cp>Price said missing out on potentially two to three months of support from a Cal Guard attorney “is not particularly significant.”\u003c/p>\n\u003cp>“We have our priorities, as does the governor,” she said.\u003c/p>\n\u003cp>\u003cem>KQED’s \u003c/em>\u003ca href=\"https://www.kqed.org/author/ahall\">\u003cem>Alex Hall \u003c/em>\u003c/a>\u003cem>contributed to the reporting\u003c/em>\u003cem>.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "Gov. Gavin Newsom and Alameda County District Attorney Pamela Price have dueling narratives about why a plan to send a state attorney to assist in the DA's office fell through.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Gov. Gavin Newsom is taking back state resources from local jurisdictions that don’t act on his priorities.\u003c/p>\n\u003cp>Twelve days ago, Newsom \u003ca href=\"https://www.kqed.org/news/11993611/newsom-to-quadruple-chp-deployment-in-oakland-ramping-up-states-policing-role\">rescinded an offer\u003c/a> to send a state attorney to the Alameda County District Attorney’s Office to assist with drug prosecutions, saying the offer had not been “enthusiastically embraced” by District Attorney Pamela Price.\u003c/p>\n\u003cp>Then, last week, he revoked a $10 million grant for San Diego County to build tiny homes for people experiencing homelessness because, according to \u003ca href=\"https://www.politico.com/news/2024/07/16/newsom-withdraws-10m-tiny-homes-grant-for-san-diego-00168514\">reporting\u003c/a> by Politico, officials didn’t act fast enough to build the homes.\u003c/p>\n\u003cp>Newsom, who has faced criticism from conservatives on the state’s handling of homelessness and public safety, has ratcheted up his focus on these issues in recent months. He proposed \u003ca href=\"https://www.kqed.org/news/11982070/campaign-to-roll-back-prop-47-criminal-justice-reforms-could-head-to-voters\">a plan to reform Proposition 47\u003c/a>, which decreased penalties for property crimes; deployed California Highway Patrol officers across the state to aid local law enforcement; and \u003ca href=\"https://www.politico.com/news/2024/04/18/newsom-tougher-stance-cities-combating-homelessness-00152983#:~:text=California%20Gov.,ahead%20of%20an%20announcement%20Thursday.\">announced a plan\u003c/a> to hold cities accountable if they fail to build low-income housing, among other actions.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“All of us have to step up and be accountable. It’s a serious moment, a crisis for members of the community,” Newsom said at a press conference in Oakland on July 11, adding that Alameda County wasn’t responding with urgency to address public safety challenges.\u003c/p>\n\u003cp>According to \u003ca href=\"https://openjustice.doj.ca.gov/exploration/crime-statistics/crimes-clearances\">data\u003c/a> from the state Department of Justice, violent crime has been on the rise in the county since 2021.\u003c/p>\n\u003cp>“Rather than lament about it and just spend all my time pointing fingers, we’re now working around this,” Newsom said, announcing the state attorney he’d planned to send to Price’s office is now being rerouted to work with the state Attorney General’s office on cases that originate in the county.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Price, who faces a recall election in November, immediately swung back. She accused Newsom of acting rashly and said he disregarded how the negotiations played out.\u003c/p>\n\u003cp>“I hope the governor will get the facts and call us,” Price said at her own press conference on July 11.\u003c/p>\n\u003cp>Newsom first announced his plan to provide the Alameda DA’s office with extra state attorneys \u003ca href=\"https://www.kqed.org/news/11975161/newsom-to-send-state-prosecutors-to-oakland-to-help-crack-down-on-rising-crime\">in February.\u003c/a> The plan was modeled after a \u003ca href=\"https://www.sfchronicle.com/politics/article/newsom-fentanyl-drug-crisis-sf-breed-tenderloin-17911401.php\">similar partnership\u003c/a> agreement made with San Francisco’s District Attorney in 2023. The February announcement was timed to coincide with a deployment of California Highway Patrol officers to assist East Bay law enforcement.\u003c/p>\n\u003cp>The plan was seemingly simple: The three California National Guard working in San Francisco would transition to Alameda County as they finished their assignments, according to Price. Because of limits on what military personnel can work on, the attorneys would only be able to assist in drug prosecutions.\u003c/p>\n\u003cp>At the time, Price said she welcomed the assistance, but details remained hazy about who the attorneys were, when they would arrive and how long they would stay in Alameda County. Price said she was notified of Newsom’s February plan one day before the public announcement.\u003c/p>\n\u003cp>Price said there was initially confusion about how her office handles drug cases. The vast majority of drug cases follow what is called a horizontal prosecution model, which means attorneys are assigned to different parts of the court process. As a criminal case progresses, it moves from one attorney to the next. In any given case, for example, one attorney decides what charges to apply, another handles the arraignment of the defendant, another files preliminary motions and yet another manages the trial.\u003c/p>\n\u003cp>Some serious drug cases are handled by a coalition of law enforcement officers and prosecutors known as the Alameda County Narcotics Task Force. Assistant District Attorney Michael Nieto represents the DA’s office on the task force. He works in a vertical prosecution model, which means he handles cases from charging to disposition.\u003c/p>\n\u003cp>Price said Col. Mark Inaba, the Cal Guard attorney coordinating with her office, wanted the attorneys to work on serious drug cases and trials.\u003c/p>\n\u003cp>“We don’t operate like that,” Price recalled telling Inaba in an interview with KQED.\u003c/p>\n\u003cp>In 2023, alleged drug crimes made up 4% of felony arrests in Alameda County, compared to nearly 18% in San Francisco, according to data from the state Department of Justice. Price said the vast majority of the county’s drug cases are misdemeanors that often get resolved in the county’s diversion courts, not through criminal trials. Price said Inaba provided her office with a draft agreement regarding the attorneys’ work in the office and the attorneys’ resumes in early April.\u003c/p>\n\u003cfigure id=\"attachment_11991916\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11991916\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/PamelaPrice0624.jpg\" alt=\"\" width=\"1920\" height=\"1440\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/PamelaPrice0624.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/PamelaPrice0624-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/PamelaPrice0624-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/PamelaPrice0624-160x120.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/PamelaPrice0624-1536x1152.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Alameda County District Attorney Pamela Price speaks at a press conference on June 25, 2024. \u003ccite>(Annelise Finney/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Newsom’s office sent \u003ca href=\"https://drive.google.com/file/d/10yZPFwURVv0Qx4seEL4KnhQT6557Wmnu/view?pli=1\">a letter\u003c/a> to Price, dated the day before, announcing the decision to rescind his offer and outlining their efforts to facilitate the state attorney’s onboarding in Alameda County.\u003c/p>\n\u003cp>According to the letter, Cal Guard offered Price a legal advisor and judge advocate, both attorneys, who would work to support “the single person in your office assigned to handle narcotics cases.” Price said this referred to Nieto.\u003c/p>\n\u003cp>Price and Lt. Col. Brandon Hill, a spokesperson for Cal Guard, said the offer was for one attorney. Hill said the idea was to get that attorney in place in the office and then assess the need to scale up or down. Price said that the first attorney was supposed to be Maj. Frank Noey, who is serving with Cal Guard while on temporary leave from the Placer County District Attorney’s Office.\u003c/p>\n\u003cp>Price’s office interviewed Noey in May, according to Hill. That month, Price said Noey went on vacation, delaying the process. Hill said Cal Guard’s main point of contact in the DA’s office was Otis Bruce Jr., Price’s then-chief assistant district attorney.\u003c/p>\n\u003cp>Bruce stopped responding and Cal Guard didn’t hear from Price’s office again, Hill said. At the end of June, Price announced Bruce had resigned. At a press conference on June 25, Price declined to say why Bruce, who was previously \u003ca href=\"https://www.marinij.com/2023/07/10/marin-files-detail-misconduct-allegations-against-senior-prosecutor/\">accused of misconduct\u003c/a> in the Marin District Attorney’s Office, resigned.\u003c/p>\n\u003cp>Bruce and Noey did not respond to requests for comment.\u003c/p>\n\u003cp>By the time Newsom announced he was rescinding the offer to the DA’s office on July 10, five months had passed since the announcement of the plan. It took two weeks for the San Francisco District Attorney’s Office to onboard Cal Guard attorneys, Hill said.\u003c/p>\n\u003cp>“Would I have wanted it to go faster? Of course. I want everything to go fast,” Price told KQED on Wednesday, adding that it regularly takes the county months to onboard new employees. “I think that there was not enough understanding about how our office works or how the county functions. We’re not the city and County of San Francisco, and that was their expectation.”\u003c/p>\n\u003cp>Exactly how long Noey would have been in the office is a point of disagreement.\u003c/p>\n\u003cp>Price said her understanding was that Noey was available from June 1 to Aug. 12 at the latest — 48 business days. According to Cal Guard, Noey would have been available for 60 days with the possibility of extending to 90. In his work email auto-response from the Placer County DA’s office, Noey said he expects to return to the county by July 29.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“If we’re going to bring someone on and train them and embed them in the office, I would want them to be here longer,” Price said at her July 11 press conference. “I thought that it would be more effective to have a lawyer who is actually trained and able to continue the case beyond a short period of time.”\u003c/p>\n\u003cp>Price also said there was a mismatch between the governor’s priorities and her own.\u003c/p>\n\u003cp>“He has a focus on working with CHP to address drug cases. We’re doing that already,” Price said. “Our office is focused on prosecuting serious homicides and prosecuting organized retail theft and prosecuting home invasions, burglaries and carjackings. These are the things that the residents of Alameda County, unfortunately, are experiencing.”\u003c/p>\n\u003cp>Newsom made one comment that particularly irked Price.\u003c/p>\n\u003cp>“The head of the narcotics unit actually has left,” Newsom said on July 11, referring to Nieto, who Newsom recently appointed to become a Superior Court Judge in Contra Costa County. “So now the unit has no supervisor and actually no personnel.”\u003c/p>\n\u003cp>Price said the statement was misleading. The DA’s office doesn’t have a specific narcotics unit, and Nieto hasn’t left yet because his appointment has not been confirmed. Price said the statement created the impression that her office isn’t prosecuting drug crimes.\u003c/p>\n\u003cp>“We recognize that we have a substance abuse and an addiction problem in Alameda County, and we’re using all of our tools to address it, not just one lawyer,” Price said Wednesday. “That was ridiculous to say that.”\u003c/p>\n\u003cp>Price said missing out on potentially two to three months of support from a Cal Guard attorney “is not particularly significant.”\u003c/p>\n\u003cp>“We have our priorities, as does the governor,” she said.\u003c/p>\n\u003cp>\u003cem>KQED’s \u003c/em>\u003ca href=\"https://www.kqed.org/author/ahall\">\u003cem>Alex Hall \u003c/em>\u003c/a>\u003cem>contributed to the reporting\u003c/em>\u003cem>.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "Alameda County DA Seeks New Sentences for 3 People on Death Row Amid Misconduct, Record Destruction Claims",
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"content": "\u003cp>Alameda County District Attorney Pamela Price is asking the Alameda County Superior Court to resentence three men on death row in California.\u003c/p>\n\u003cp>Her office filed motions requesting the resentencing hearings, and the first one is Wednesday. The other two are scheduled for August.\u003c/p>\n\u003cp>The resentencing motions are the first results of an ongoing \u003ca href=\"https://www.kqed.org/news/11983705/allegations-of-prosecutorial-bias-spark-review-of-death-penalty-convictions-in-alameda-county\">review of death penalty cases\u003c/a> Price’s office announced in April. Judge Vince Chhabria of the U.S. District Court of Northern California ordered the review following allegations that the Alameda County District Attorney’s office had a practice of unlawfully excluding Black and Jewish jurors from death penalty trials.\u003c/p>\n\u003cp>The allegations were first \u003ca href=\"https://www.nytimes.com/2005/03/16/us/case-stirs-fight-on-jews-juries-and-execution.html\">raised\u003c/a> in 2005. In June, \u003cem>The Guardian\u003c/em> \u003ca href=\"https://www.theguardian.com/us-news/article/2024/jun/18/california-prosecutors-homophobic-slurs-jurors\">reported\u003c/a> that some defense attorneys had received files that led to the discovery of homophobic notes.\u003c/p>\n\u003cp>“We are now following the law,” Price said at a press conference on Tuesday. “We will not have an office where people are not held accountable for violating their ethics or engaging in prosecutorial misconduct.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Ernest Dykes, whose appeal of his sentence sparked the review, would be released in June 2025 and serve two years on parole if the motion is granted by the court, Price said. Dykes, 51, was convicted of killing his Oakland landlord’s 9-year-old grandson and attempting to kill the landlord during a robbery. He was sentenced to death in 1995.\u003c/p>\n\u003cp>Price has requested Keith Thomas, 51, to be resentenced to 23 years to life. He would become eligible for parole. Thomas was convicted of participating in the 1992 kidnapping, rape and murder of Francia Young, 25, as she walked home from the MacArthur BART Station in Oakland. Price said Thomas was 19 when he committed the crimes.\u003c/p>\n\u003cp>In addition to misconduct in jury selection, the DA’s initial review found that former Alameda County prosecutor James Anderson used racist imagery and stereotypes in an opening statement to Thomas’ trial. California passed the Racial Justice for All Act in 2021, which retroactively made racism by prosecutors and other justice system actors illegal. Anderson \u003ca href=\"https://www.eastbaytimes.com/2004/10/07/a-passionate-foe-of-killers-cedes-stage-after-34-years/\">retired\u003c/a> in 2016.\u003c/p>\n\u003cp>“When prosecutors or courts discriminate in jury selection, it is well settled in our laws that not only are you violating the rights of the defendants, but you are violating the rights of victims to a fair trial,” Price said. “You are violating the rights of jurors and community members to participate in our jury system.”\u003c/p>\n\u003cp>Price struck a somber note when acknowledging the impact resentencing may have on the families of victims.\u003c/p>\n\u003cp>“I want to take this moment on behalf of the Alameda County District Attorney’s office to apologize to the surviving family members of Miss Francia Young,” Price said.\u003c/p>\n\u003cp>Price said her deputies did not find misconduct in jury selection in the 1993 death penalty trial of Gregory Tate, who was convicted of killing Sarah LaChapelle. But because of the “sentencing structure” of Tate’s case, she is asking for him to be resentenced to life in prison without parole.\u003c/p>\n\u003cp>Price said the review revealed several missing files. Of the 56 Alameda trials that led to death sentences since 1978, Price said 40 are missing jury selection documents. Nancy O’Malley served as the Alameda County DA from 2009–23. Tom Orloff preceded her.\u003c/p>\n\u003cp>“This indicates once the practice was exposed of excluding Blacks and Jewish members of our community from the jurors, that there may well have been an effort to sanitize the files,” Price said. “We intend to look into that, hopefully with the assistance of the California Attorney General’s office.”\u003c/p>\n\u003cp>In a statement, the Prosecutors Alliance of California, a nonprofit organization that advocates for sentencing reform, applauded the requests for resentencing.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“When prosecutors commit misconduct, they violate their obligation to victims and survivors and undermine the integrity of cases, which puts public safety at risk and erodes trust in the criminal legal system,” Cristine Soto DeBerry, executive director of the Prosecutors Alliance, said.\u003c/p>\n\n",
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"excerpt": "Pamela Price is seeking to resentence two men after finding evidence prosecutors excluded Black and Jewish jurors from their trials. A third man is being resentenced for other reasons.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Alameda County District Attorney Pamela Price is asking the Alameda County Superior Court to resentence three men on death row in California.\u003c/p>\n\u003cp>Her office filed motions requesting the resentencing hearings, and the first one is Wednesday. The other two are scheduled for August.\u003c/p>\n\u003cp>The resentencing motions are the first results of an ongoing \u003ca href=\"https://www.kqed.org/news/11983705/allegations-of-prosecutorial-bias-spark-review-of-death-penalty-convictions-in-alameda-county\">review of death penalty cases\u003c/a> Price’s office announced in April. Judge Vince Chhabria of the U.S. District Court of Northern California ordered the review following allegations that the Alameda County District Attorney’s office had a practice of unlawfully excluding Black and Jewish jurors from death penalty trials.\u003c/p>\n\u003cp>The allegations were first \u003ca href=\"https://www.nytimes.com/2005/03/16/us/case-stirs-fight-on-jews-juries-and-execution.html\">raised\u003c/a> in 2005. In June, \u003cem>The Guardian\u003c/em> \u003ca href=\"https://www.theguardian.com/us-news/article/2024/jun/18/california-prosecutors-homophobic-slurs-jurors\">reported\u003c/a> that some defense attorneys had received files that led to the discovery of homophobic notes.\u003c/p>\n\u003cp>“We are now following the law,” Price said at a press conference on Tuesday. “We will not have an office where people are not held accountable for violating their ethics or engaging in prosecutorial misconduct.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Ernest Dykes, whose appeal of his sentence sparked the review, would be released in June 2025 and serve two years on parole if the motion is granted by the court, Price said. Dykes, 51, was convicted of killing his Oakland landlord’s 9-year-old grandson and attempting to kill the landlord during a robbery. He was sentenced to death in 1995.\u003c/p>\n\u003cp>Price has requested Keith Thomas, 51, to be resentenced to 23 years to life. He would become eligible for parole. Thomas was convicted of participating in the 1992 kidnapping, rape and murder of Francia Young, 25, as she walked home from the MacArthur BART Station in Oakland. Price said Thomas was 19 when he committed the crimes.\u003c/p>\n\u003cp>In addition to misconduct in jury selection, the DA’s initial review found that former Alameda County prosecutor James Anderson used racist imagery and stereotypes in an opening statement to Thomas’ trial. California passed the Racial Justice for All Act in 2021, which retroactively made racism by prosecutors and other justice system actors illegal. Anderson \u003ca href=\"https://www.eastbaytimes.com/2004/10/07/a-passionate-foe-of-killers-cedes-stage-after-34-years/\">retired\u003c/a> in 2016.\u003c/p>\n\u003cp>“When prosecutors or courts discriminate in jury selection, it is well settled in our laws that not only are you violating the rights of the defendants, but you are violating the rights of victims to a fair trial,” Price said. “You are violating the rights of jurors and community members to participate in our jury system.”\u003c/p>\n\u003cp>Price struck a somber note when acknowledging the impact resentencing may have on the families of victims.\u003c/p>\n\u003cp>“I want to take this moment on behalf of the Alameda County District Attorney’s office to apologize to the surviving family members of Miss Francia Young,” Price said.\u003c/p>\n\u003cp>Price said her deputies did not find misconduct in jury selection in the 1993 death penalty trial of Gregory Tate, who was convicted of killing Sarah LaChapelle. But because of the “sentencing structure” of Tate’s case, she is asking for him to be resentenced to life in prison without parole.\u003c/p>\n\u003cp>Price said the review revealed several missing files. Of the 56 Alameda trials that led to death sentences since 1978, Price said 40 are missing jury selection documents. Nancy O’Malley served as the Alameda County DA from 2009–23. Tom Orloff preceded her.\u003c/p>\n\u003cp>“This indicates once the practice was exposed of excluding Blacks and Jewish members of our community from the jurors, that there may well have been an effort to sanitize the files,” Price said. “We intend to look into that, hopefully with the assistance of the California Attorney General’s office.”\u003c/p>\n\u003cp>In a statement, the Prosecutors Alliance of California, a nonprofit organization that advocates for sentencing reform, applauded the requests for resentencing.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“When prosecutors commit misconduct, they violate their obligation to victims and survivors and undermine the integrity of cases, which puts public safety at risk and erodes trust in the criminal legal system,” Cristine Soto DeBerry, executive director of the Prosecutors Alliance, said.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "Lawsuit Claims Alameda County DA Is Biased Against Asians. How Will It Impact the Recall?",
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"content": "\u003cp>Patricia Lee, a former public information officer for Alameda County District Attorney Pamela Price, is suing the county and Price, alleging Price made anti-Asian remarks and fired her in retaliation for speaking up about violations of public transparency laws. The \u003ca href=\"https://drive.google.com/file/d/1c_nkrX_dIyAhf4HjIzvEdzF74z1c50nX/view?usp=sharing\">lawsuit was filed\u003c/a> Wednesday in Alameda County Superior Court.\u003c/p>\n\u003cp>\u003ca href=\"https://www.berkeleyscanner.com/2024/03/04/courts/pamela-price-racial-discrimination-whistleblower-retaliation-claims/\">\u003cem>The Berkeley Scanner\u003c/em>\u003c/a> first reported Lee’s allegations in March. The lawsuit builds on previous claims of anti-Asian bias in Price’s administration. Her office denies any anti-Asian bias, but the lawsuit means the narrative likely isn’t going away anytime soon. That’s bad news for Price as she faces a recall election this fall.\u003c/p>\n\u003cp>\u003cstrong>The context:\u003c/strong> Price has been criticized by some for her handling of two homicide cases with Asian victims in November 2021. Kevin Nishita, a security guard for a TV news crew, was killed during a robbery, and toddler Jasper Wu was killed by a stray bullet during an alleged gang-related shootout on Interstate 880 in Oakland. When Price took office in January 2023, her deputies removed special circumstances enhancements from both cases, eliminating the possibility of sentences of death or life without parole. The move was consistent with Price’s campaign stance. To some, the change made it seem like Asian victims were less important.\u003c/p>\n\u003cp>Claims of bias from within the office have added fuel to these fears. In a May 2023 letter of resignation, former Deputy DA Rebecca Warren claimed Price’s chief assistant made racist statements about Somoans. Warren also characterized an email from Price regarding Wu’s death as condescending to Chinese Americans.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>The opposing view:\u003c/strong> Price resubmitted charges for the three defendants in Nishita’s case in February. In a \u003ca href=\"https://www.alcoda.org/alameda-county-district-attorney-pamela-price-resubmits-charges-against-three-defendants-in-the-kevin-nishita-murder-case/\">press release\u003c/a>, her office highlighted the long sentences — 189, 151 and 78 years, respectively — the defendants would face if convicted of all counts. It was a pivot from her insistence on the campaign trail that long sentences don’t make communities safer — a stance backed by \u003ca href=\"https://perma.cc/2KJL-SAE8\">U.S. Department of Justice research\u003c/a>.\u003c/p>\n\u003cp>Later that month, Price attended a town hall in Oakland’s Chinatown to meet with residents and listen to their concerns.\u003c/p>\n\u003cp>“Even in the midst of shouting and controversy and people having signs, we’re still having a conversation,” Price said, sitting alongside Trevelyon Jones, Oakland Police Department’s interim assistant chief. “Tell us what the issues are. We’re in the midst of a crisis, and yet we are all working to find solutions.”\u003c/p>\n\u003cp>\u003cstrong>The big picture:\u003c/strong> The racial dynamics at play here are hard to ignore. There is a long history of tension between Black and Asian communities in America (and a \u003ca href=\"https://www.nytimes.com/2022/05/30/opinion/asian-black-americans-community.html\">long history of solidarity)\u003c/a>. Price is the county’s first Black district attorney, and she took office amidst a surge in anti-Asian hate crimes. Concerns the justice system wasn’t taking the anti-Asian violence seriously enough \u003ca href=\"https://www.kqed.org/news/11915634/why-high-profile-attacks-on-sfs-asian-communities-rarely-lead-to-hate-crime-charges\">contributed to District Attorney Chesa Boudin’s recall in San Francisco in 2022\u003c/a>. \u003cspan style=\"font-weight: 400\">Regardless of the outcome of Lee’s lawsuit, the larger narrative it fits into is something Price will continue to contend with.\u003c/span>\u003c/p>\n\u003cp>\u003cstrong>What’s next:\u003c/strong> The county and the DA will likely ask the court to dismiss Lee’s case, but if that doesn’t work, they’ll have to decide whether to fight or settle. Settlement would wrap the issue quickly but could imply some admission of guilt, something recall supporters would not let go quietly. Taking the case to trial would drag out the controversy for months, ensuring this narrative would haunt Price throughout her campaign against the recall.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Patricia Lee, a former public information officer for Alameda County District Attorney Pamela Price, is suing the county and Price, alleging Price made anti-Asian remarks and fired her in retaliation for speaking up about violations of public transparency laws. The \u003ca href=\"https://drive.google.com/file/d/1c_nkrX_dIyAhf4HjIzvEdzF74z1c50nX/view?usp=sharing\">lawsuit was filed\u003c/a> Wednesday in Alameda County Superior Court.\u003c/p>\n\u003cp>\u003ca href=\"https://www.berkeleyscanner.com/2024/03/04/courts/pamela-price-racial-discrimination-whistleblower-retaliation-claims/\">\u003cem>The Berkeley Scanner\u003c/em>\u003c/a> first reported Lee’s allegations in March. The lawsuit builds on previous claims of anti-Asian bias in Price’s administration. Her office denies any anti-Asian bias, but the lawsuit means the narrative likely isn’t going away anytime soon. That’s bad news for Price as she faces a recall election this fall.\u003c/p>\n\u003cp>\u003cstrong>The context:\u003c/strong> Price has been criticized by some for her handling of two homicide cases with Asian victims in November 2021. Kevin Nishita, a security guard for a TV news crew, was killed during a robbery, and toddler Jasper Wu was killed by a stray bullet during an alleged gang-related shootout on Interstate 880 in Oakland. When Price took office in January 2023, her deputies removed special circumstances enhancements from both cases, eliminating the possibility of sentences of death or life without parole. The move was consistent with Price’s campaign stance. To some, the change made it seem like Asian victims were less important.\u003c/p>\n\u003cp>Claims of bias from within the office have added fuel to these fears. In a May 2023 letter of resignation, former Deputy DA Rebecca Warren claimed Price’s chief assistant made racist statements about Somoans. Warren also characterized an email from Price regarding Wu’s death as condescending to Chinese Americans.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>The opposing view:\u003c/strong> Price resubmitted charges for the three defendants in Nishita’s case in February. In a \u003ca href=\"https://www.alcoda.org/alameda-county-district-attorney-pamela-price-resubmits-charges-against-three-defendants-in-the-kevin-nishita-murder-case/\">press release\u003c/a>, her office highlighted the long sentences — 189, 151 and 78 years, respectively — the defendants would face if convicted of all counts. It was a pivot from her insistence on the campaign trail that long sentences don’t make communities safer — a stance backed by \u003ca href=\"https://perma.cc/2KJL-SAE8\">U.S. Department of Justice research\u003c/a>.\u003c/p>\n\u003cp>Later that month, Price attended a town hall in Oakland’s Chinatown to meet with residents and listen to their concerns.\u003c/p>\n\u003cp>“Even in the midst of shouting and controversy and people having signs, we’re still having a conversation,” Price said, sitting alongside Trevelyon Jones, Oakland Police Department’s interim assistant chief. “Tell us what the issues are. We’re in the midst of a crisis, and yet we are all working to find solutions.”\u003c/p>\n\u003cp>\u003cstrong>The big picture:\u003c/strong> The racial dynamics at play here are hard to ignore. There is a long history of tension between Black and Asian communities in America (and a \u003ca href=\"https://www.nytimes.com/2022/05/30/opinion/asian-black-americans-community.html\">long history of solidarity)\u003c/a>. Price is the county’s first Black district attorney, and she took office amidst a surge in anti-Asian hate crimes. Concerns the justice system wasn’t taking the anti-Asian violence seriously enough \u003ca href=\"https://www.kqed.org/news/11915634/why-high-profile-attacks-on-sfs-asian-communities-rarely-lead-to-hate-crime-charges\">contributed to District Attorney Chesa Boudin’s recall in San Francisco in 2022\u003c/a>. \u003cspan style=\"font-weight: 400\">Regardless of the outcome of Lee’s lawsuit, the larger narrative it fits into is something Price will continue to contend with.\u003c/span>\u003c/p>\n\u003cp>\u003cstrong>What’s next:\u003c/strong> The county and the DA will likely ask the court to dismiss Lee’s case, but if that doesn’t work, they’ll have to decide whether to fight or settle. Settlement would wrap the issue quickly but could imply some admission of guilt, something recall supporters would not let go quietly. Taking the case to trial would drag out the controversy for months, ensuring this narrative would haunt Price throughout her campaign against the recall.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cem>Updated 7 p.m. Monday \u003c/em>\u003c/p>\n\u003cp>A heated dispute over the decision by the Alameda County district attorney’s office to forgo criminal charges in a stabbing case has spun out into an unusually public spat between two of the county’s top law enforcement agencies.\u003c/p>\n\u003cp>At the center of the conflict is a federal parole violation hearing set to be heard Monday morning in San Francisco. The defendant, Hayward resident Robert Barroca, 59, was convicted in 2005 for making methamphetamine and being in possession of a firearm.\u003c/p>\n\u003cp>Alameda County sheriff’s officials identified Barroca as a suspect in a January stabbing that took place in Hayward’s Meek Estate Park, the sheriff’s department said in \u003ca href=\"https://www.facebook.com/photo?fbid=854665116705613&set=a.256424806529650\">a May 30 Facebook post\u003c/a>. An Alameda County Superior Court judge issued an arrest warrant for Barroca, and on May 16, he was arrested by sheriff’s deputies, who presented the case to the district’s attorney’s office for charging, according to the post.\u003c/p>\n\u003cp>After the DA declined to charge, the sheriff’s office said deputies reported Barroca’s alleged involvement in the stabbing to Barroca’s federal parole agent.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The sheriff’s department’s Facebook post about the case garnered more than a hundred comments, many expressing support for the effort to recall District Attorney Pamela Price, whose critics have accused her of not pursuing criminal cases aggressively enough.\u003c/p>\n\u003cp>“This is not the first time we have pointed out that the DA did not charge something,” a sheriff’s spokesperson \u003ca href=\"https://www.kron4.com/news/bay-area/alameda-county-sheriff-seeks-help-from-feds-after-da-declines-to-file-charges/\">told KRON4\u003c/a>. “It’s been more consistent. This is not a war on the DA’s office; this is us being honest with the public, with our community, about what’s happening,”\u003c/p>\n\u003cp>When reached Monday morning, Haaziq Madyun, a spokesperson for the DA’s office, said he couldn’t explain the decision not to charge Barroca because Price, who could provide that information, is away from the office at least through the end of the week, following the recent death of her mother.\u003c/p>\n\u003cp>“The matter was reviewed by a veteran charging deputy attorney, who advised ACSO to present the case to our federal law enforcement partners,” he told KQED.\u003c/p>\n\u003cp>[aside label='Related Coverage' tag='pamela-price']\u003c/p>\n\u003cp>Although KRON4 reported that Madyun said the DA’s office had reached out to federal authorities, Madyun later told KQED that the statement was incorrect and clarified it.\u003c/p>\n\u003cp>In a \u003ca href=\"https://www.facebook.com/photo/?fbid=768694235446601&set=a.159982962984401\">Facebook post\u003c/a> on Friday, Price’s campaign against the recall suggested the sheriff’s office knew why the DA’s office declined to prosecute but conspicuously left that information out of its Facebook post.\u003c/p>\n\u003cp>The campaign’s post invited Alameda County Sheriff Yesenia Sanchez to call Price.\u003c/p>\n\u003cp>“A call seems like an appropriate first step from one professional Alameda County law enforcement official to another,” the post said.\u003c/p>\n\u003cp>“To be fair, if the ACSO wants to make social media posts highlighting when cases are not charged, the community should demand that the ACSO create social media posts every time the DAO does charge on cases presented by the Sheriff’s Office,” the post continued.\u003c/p>\n\u003cp>On Monday afternoon, Lt. Tya Modeste, a spokesperson for the sheriff’s office, said the office regularly posts on social media about the outcomes of department investigations.\u003c/p>\n\u003cp>During May, the sheriff’s office posted five times on its Facebook page about arrests, including the post about Barroca. Three mentioned the DA’s office charging the suspect, and the fourth, regarding a series of arrests made during an operation targeting a sideshow, didn’t mention whether charges were brought.\u003c/p>\n\u003cp>“When the DA brings charges we say that, and when they don’t we say that,” Modeste said, adding that the sheriff’s office never goes into why a case was or was not charged by the DA.\u003c/p>\n\u003cp>In Barroca’s case, Modeste said the DA declined to bring charges because the victim was not entirely certain Barroca was the person who stabbed them. On a 10-point scale, the victim ranked their certainty at an 8 or 9, according to Modeste.\u003c/p>\n\u003cp>Madyun said the dispute, and the comments on the sheriff’s Facebook post, point to a larger issue: Most of the DA’s work happens outside of public view, and when one case gets highlighted, it’s easy for the public to think that case is representative of all of the DA’s work when it might not be, he said.\u003c/p>\n\u003cp>“Decisions to charge or not charge are made everyday by DA’s across the country. Individual cases are not posted on [Facebook] everyday,” he wrote in a text message.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>According to the Alameda County District Attorney’s 2023 annual report, charging rates under Price have \u003ca href=\"https://www.kqed.org/news/11985311/alameda-county-district-attorneys-report-shows-prosecution-rates-remain-steady\">remained relatively consistent\u003c/a> with those of her predecessor, Nancy O’Malley. The office reports it took action on 11,977 cases last year.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 7 p.m. Monday \u003c/em>\u003c/p>\n\u003cp>A heated dispute over the decision by the Alameda County district attorney’s office to forgo criminal charges in a stabbing case has spun out into an unusually public spat between two of the county’s top law enforcement agencies.\u003c/p>\n\u003cp>At the center of the conflict is a federal parole violation hearing set to be heard Monday morning in San Francisco. The defendant, Hayward resident Robert Barroca, 59, was convicted in 2005 for making methamphetamine and being in possession of a firearm.\u003c/p>\n\u003cp>Alameda County sheriff’s officials identified Barroca as a suspect in a January stabbing that took place in Hayward’s Meek Estate Park, the sheriff’s department said in \u003ca href=\"https://www.facebook.com/photo?fbid=854665116705613&set=a.256424806529650\">a May 30 Facebook post\u003c/a>. An Alameda County Superior Court judge issued an arrest warrant for Barroca, and on May 16, he was arrested by sheriff’s deputies, who presented the case to the district’s attorney’s office for charging, according to the post.\u003c/p>\n\u003cp>After the DA declined to charge, the sheriff’s office said deputies reported Barroca’s alleged involvement in the stabbing to Barroca’s federal parole agent.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The sheriff’s department’s Facebook post about the case garnered more than a hundred comments, many expressing support for the effort to recall District Attorney Pamela Price, whose critics have accused her of not pursuing criminal cases aggressively enough.\u003c/p>\n\u003cp>“This is not the first time we have pointed out that the DA did not charge something,” a sheriff’s spokesperson \u003ca href=\"https://www.kron4.com/news/bay-area/alameda-county-sheriff-seeks-help-from-feds-after-da-declines-to-file-charges/\">told KRON4\u003c/a>. “It’s been more consistent. This is not a war on the DA’s office; this is us being honest with the public, with our community, about what’s happening,”\u003c/p>\n\u003cp>When reached Monday morning, Haaziq Madyun, a spokesperson for the DA’s office, said he couldn’t explain the decision not to charge Barroca because Price, who could provide that information, is away from the office at least through the end of the week, following the recent death of her mother.\u003c/p>\n\u003cp>“The matter was reviewed by a veteran charging deputy attorney, who advised ACSO to present the case to our federal law enforcement partners,” he told KQED.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Although KRON4 reported that Madyun said the DA’s office had reached out to federal authorities, Madyun later told KQED that the statement was incorrect and clarified it.\u003c/p>\n\u003cp>In a \u003ca href=\"https://www.facebook.com/photo/?fbid=768694235446601&set=a.159982962984401\">Facebook post\u003c/a> on Friday, Price’s campaign against the recall suggested the sheriff’s office knew why the DA’s office declined to prosecute but conspicuously left that information out of its Facebook post.\u003c/p>\n\u003cp>The campaign’s post invited Alameda County Sheriff Yesenia Sanchez to call Price.\u003c/p>\n\u003cp>“A call seems like an appropriate first step from one professional Alameda County law enforcement official to another,” the post said.\u003c/p>\n\u003cp>“To be fair, if the ACSO wants to make social media posts highlighting when cases are not charged, the community should demand that the ACSO create social media posts every time the DAO does charge on cases presented by the Sheriff’s Office,” the post continued.\u003c/p>\n\u003cp>On Monday afternoon, Lt. Tya Modeste, a spokesperson for the sheriff’s office, said the office regularly posts on social media about the outcomes of department investigations.\u003c/p>\n\u003cp>During May, the sheriff’s office posted five times on its Facebook page about arrests, including the post about Barroca. Three mentioned the DA’s office charging the suspect, and the fourth, regarding a series of arrests made during an operation targeting a sideshow, didn’t mention whether charges were brought.\u003c/p>\n\u003cp>“When the DA brings charges we say that, and when they don’t we say that,” Modeste said, adding that the sheriff’s office never goes into why a case was or was not charged by the DA.\u003c/p>\n\u003cp>In Barroca’s case, Modeste said the DA declined to bring charges because the victim was not entirely certain Barroca was the person who stabbed them. On a 10-point scale, the victim ranked their certainty at an 8 or 9, according to Modeste.\u003c/p>\n\u003cp>Madyun said the dispute, and the comments on the sheriff’s Facebook post, point to a larger issue: Most of the DA’s work happens outside of public view, and when one case gets highlighted, it’s easy for the public to think that case is representative of all of the DA’s work when it might not be, he said.\u003c/p>\n\u003cp>“Decisions to charge or not charge are made everyday by DA’s across the country. Individual cases are not posted on [Facebook] everyday,” he wrote in a text message.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>According to the Alameda County District Attorney’s 2023 annual report, charging rates under Price have \u003ca href=\"https://www.kqed.org/news/11985311/alameda-county-district-attorneys-report-shows-prosecution-rates-remain-steady\">remained relatively consistent\u003c/a> with those of her predecessor, Nancy O’Malley. The office reports it took action on 11,977 cases last year.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Alameda County District Attorney Pamela Price is suing several related home insurance companies, alleging they rely on an algorithm that systemically undervalues the homes they insure.\u003c/p>\n\u003cp>The complaint — filed in Alameda County Superior Court last month — said the Farmers Insurance Group uses a third-party software that generates the replacement value of homes using generalized information about the properties, like their zip code, rather than gathering individualized data. As a result, customers may end up underinsured and unable to rebuild.\u003c/p>\n\u003cp>“Insurance companies have a duty of good faith and fair dealing, and that includes providing accurate replacement costs, estimates for insured property, and charging premiums that actually reflect the value of what the homeowner is entitled to receive,” Price said at a press conference on Tuesday.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The defendants include the Farmers Group Inc., Fire Underwriters Association and Mid-Century Insurance Company Co., which cover approximately 15% of the state’s home insurance market, according to the complaint.\u003c/p>\n\u003cp>In a statement, Farmers Insurance Group said the allegations in the complaint are incorrect. “We do not seek to provide low replacement cost estimates. We intend to discuss this with the DA’s office,” said Luis Sahagun, a spokesperson for Farmers Insurance.[aside postID=news_11986400 hero='https://ww2.kqed.org/app/uploads/sites/10/2022/11/DSC06373-1020x682.jpg']Deputy District Attorney Alexandra Grayner, one of the attorneys on the case, said the rising rate of natural disasters in the state caused by climate change — and the subsequent influx of insurance claims — brought the issue to the attention of the office’s Consumer Justice Bureau.\u003c/p>\n\u003cp>The lawsuit comes on the heels of \u003ca href=\"https://www.sfchronicle.com/crime/article/pamela-price-vehicle-insurance-19453912.php\">another suit\u003c/a> from the office that makes similar allegations against auto insurers, including Progressive and the United Services Automobile Association.\u003c/p>\n\u003cp>“We know that the insurance industry — whether it’s auto or homeowners — their primary focus is to make money at the expense of homeowners and to pay out as little compensation as they can,” Price said. “Until district attorneys and other law enforcement agencies take affirmative action to address the way in which consumers are being treated by insurance companies, we will continue to have problems.”\u003c/p>\n\u003cp>In California, \u003ca href=\"https://www.kqed.org/science/1992401/homeowners-insurance-market-stretched-even-thinner-as-2-more-companies-leave-california\">some insurance companies choose not to offer homeowners insurance\u003c/a> at all, and climate change increases the likelihood that homes will be damaged or destroyed in natural disasters.\u003c/p>\n\u003cp>“We certainly don’t want to encourage anyone to leave the state of California,” Price said. “But we absolutely have a duty to protect our residents, and we do not want insurance companies in California who essentially are not willing to comply with the law or who engage in fraudulent practices.”\u003c/p>\n\u003cp>The DA is seeking damages for Alameda County residents and injunctive relief that would require the companies to change how they calculate and communicate the value of the homes they insure.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Alameda County District Attorney Pamela Price is suing several related home insurance companies, alleging they rely on an algorithm that systemically undervalues the homes they insure.\u003c/p>\n\u003cp>The complaint — filed in Alameda County Superior Court last month — said the Farmers Insurance Group uses a third-party software that generates the replacement value of homes using generalized information about the properties, like their zip code, rather than gathering individualized data. As a result, customers may end up underinsured and unable to rebuild.\u003c/p>\n\u003cp>“Insurance companies have a duty of good faith and fair dealing, and that includes providing accurate replacement costs, estimates for insured property, and charging premiums that actually reflect the value of what the homeowner is entitled to receive,” Price said at a press conference on Tuesday.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Deputy District Attorney Alexandra Grayner, one of the attorneys on the case, said the rising rate of natural disasters in the state caused by climate change — and the subsequent influx of insurance claims — brought the issue to the attention of the office’s Consumer Justice Bureau.\u003c/p>\n\u003cp>The lawsuit comes on the heels of \u003ca href=\"https://www.sfchronicle.com/crime/article/pamela-price-vehicle-insurance-19453912.php\">another suit\u003c/a> from the office that makes similar allegations against auto insurers, including Progressive and the United Services Automobile Association.\u003c/p>\n\u003cp>“We know that the insurance industry — whether it’s auto or homeowners — their primary focus is to make money at the expense of homeowners and to pay out as little compensation as they can,” Price said. “Until district attorneys and other law enforcement agencies take affirmative action to address the way in which consumers are being treated by insurance companies, we will continue to have problems.”\u003c/p>\n\u003cp>In California, \u003ca href=\"https://www.kqed.org/science/1992401/homeowners-insurance-market-stretched-even-thinner-as-2-more-companies-leave-california\">some insurance companies choose not to offer homeowners insurance\u003c/a> at all, and climate change increases the likelihood that homes will be damaged or destroyed in natural disasters.\u003c/p>\n\u003cp>“We certainly don’t want to encourage anyone to leave the state of California,” Price said. “But we absolutely have a duty to protect our residents, and we do not want insurance companies in California who essentially are not willing to comply with the law or who engage in fraudulent practices.”\u003c/p>\n\u003cp>The DA is seeking damages for Alameda County residents and injunctive relief that would require the companies to change how they calculate and communicate the value of the homes they insure.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>The Alameda County Board of Supervisors voted to consolidate the recall election of District Attorney Pamela Price with the presidential election.\u003c/p>\n\u003cp>“The people of this county have the right to elect a District Attorney. And they did,” Price said during a Wednesday press conference. “We should not have to do it again, but we will.”\u003c/p>\n\u003cp>Supervisors Keith Carson, Elisa Marquez and Board President Nate Miley voted in favor of the consolidation. Supervisors David Haubert and Lena Tam were absent.\u003c/p>\n\u003cp>\u003cstrong>Zoom out:\u003c/strong> Price is the first DA to face a recall election in county history. Each step of the recall process has been closely watched and hotly debated, but perhaps nothing has drawn interest than the scheduling of the election. The transition from using the county charter to govern recall elections to state laws led to threats of lawsuits and accusations from both sides that the county cherry-picked regulations to suit its preferences, a claim the county counsel rejected at Tuesday’s supervisors meeting.\u003c/p>\n\u003cp>“We’ve made our best effort to interpret the law, in light of the cards we were dealt, the best we could,” said Donna Zeigler, Alameda’s county counsel. “We’ve been transparent and no one has decided to take us to court so far.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>Zoom in:\u003c/strong> The supervisors were deciding between two options. They could’ve held a special election — with only the recall on the ballot — in August or September. Or they could’ve chosen Nov. 5, the date of the general election. The county registrar urged the supervisors to pick November, saying a special election would cost the county approximately $15-20 million while a consolidated election would cost approximately $4 million.\u003c/p>\n\u003cp>\u003cstrong>Inside view:\u003c/strong> According to the county administrator, the county is expecting a budget deficit of around $68 million. And the county may have to bail out the Alameda Health Service, which is anticipating a whopping $100 million deficit.\u003c/p>\n\u003cp>“Normally, the county has a deficit of about $50 million or so. That’s not too tough for us to balance,” Miley said. “But we start getting over $100 million, $150 million — that becomes more challenging.”\u003c/p>\n\u003cp>[aside label='Related Coverage' tag='pamela-price']\u003c/p>\n\u003cp>\u003cstrong>Outside view:\u003c/strong> Nearly 100 people spoke during hours of public comment on Tuesday. Price supporters said \u003ca href=\"https://www.kqed.org/news/11984353/alameda-county-district-attorney-challenges-recall-signature-count\">the registrar violated the county charter\u003c/a> in approving the recall for the ballot.\u003c/p>\n\u003cp>“I don’t understand how you can move forward with a recall that did not follow the county rules,” said Rivka Polatnick. “You need to uphold the county charter, which was in effect at the time and not move forward with this.”\u003c/p>\n\u003cp>Others said choosing November would be more democratic because general elections tend to draw a larger voter turnout than special elections.\u003c/p>\n\u003cp>“We can’t let a small number of voters with the most access to information dictate our election,” said Deanna Lui, political coordinator for the Asian Pacific islander Environmental Network.\u003c/p>\n\u003cp>Supporters of the recall wanted a special election, arguing that Price’s policies reducing the use of sentence enhancements are too lenient.\u003c/p>\n\u003cp>“We cannot afford the delay. The consequences of postponing the election are far reaching, affecting thousands of cases similar to my daughter’s case,” said Sophie Ortiz, whose 5-year-old daughter, Eliyanah Crisostomo, was \u003ca href=\"https://www.kron4.com/news/bay-area/chp-releasing-more-details-on-eliyanah-crisostomo-homicide/\">killed when her family’s car was shot at while driving on Interstate 808\u003c/a> in 2023.\u003c/p>\n\u003cp>\u003cstrong>Between the lines:\u003c/strong> Accusations of supervisors letting personal politics sway their vote were flying at the meeting. Recall supporters highlighted Carson’s $2,500 donation in February to Price’s 2028 re-election campaign.\u003c/p>\n\u003cp>“That person has been duly elected,” he said. “I think that they deserve at least a reasonable period of time in order to find out what their job entails, to understand their job and be able to carry it out.”\u003c/p>\n\u003cp>Price supporters referred to a photo of Miley posing with recall campaign leader Brenda Grisham at his annual campaign rally last weekend.\u003c/p>\n\u003cp>“I have friends on both sides of this issue,” Miley said. “Where I’m falling on this, it’s not based on politics and it’s not based on personalities. It’s based on what I think needs to happen.”\u003c/p>\n\u003cp>\u003cstrong>What’s next:\u003c/strong> Over the next five months, both sides of the recall are going to be fundraising and doing their best to draw Alameda voters to their view of the DA’s short track record. So far, the recall fundraising has far outpaced that of Price supporters.\u003c/p>\n\u003cp>“The effort to overturn the November election has never been a grassroots movement,” Price said. “It is a platinum roots movement. From the beginning, it’s been an effort bankrolled by a handful of super rich real estate investors and tech executives. The platinum roots behind the scenes, propping up the faces out front, falsely claiming that they were grassroots.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>If a recall is approved by voters in November, the DA’s office may see a series of new leaders. According to the county charter, the supervisors will be responsible for selecting an interim district attorney to take Price’s spot until the next regularly scheduled general election in 2026. Then voters would get to elect someone to fill out the rest of Price’s term, which ends in 2028. The outcome could be four different administrations before the decade is out.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Alameda County Board of Supervisors voted to consolidate the recall election of District Attorney Pamela Price with the presidential election.\u003c/p>\n\u003cp>“The people of this county have the right to elect a District Attorney. And they did,” Price said during a Wednesday press conference. “We should not have to do it again, but we will.”\u003c/p>\n\u003cp>Supervisors Keith Carson, Elisa Marquez and Board President Nate Miley voted in favor of the consolidation. Supervisors David Haubert and Lena Tam were absent.\u003c/p>\n\u003cp>\u003cstrong>Zoom out:\u003c/strong> Price is the first DA to face a recall election in county history. Each step of the recall process has been closely watched and hotly debated, but perhaps nothing has drawn interest than the scheduling of the election. The transition from using the county charter to govern recall elections to state laws led to threats of lawsuits and accusations from both sides that the county cherry-picked regulations to suit its preferences, a claim the county counsel rejected at Tuesday’s supervisors meeting.\u003c/p>\n\u003cp>“We’ve made our best effort to interpret the law, in light of the cards we were dealt, the best we could,” said Donna Zeigler, Alameda’s county counsel. “We’ve been transparent and no one has decided to take us to court so far.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Zoom in:\u003c/strong> The supervisors were deciding between two options. They could’ve held a special election — with only the recall on the ballot — in August or September. Or they could’ve chosen Nov. 5, the date of the general election. The county registrar urged the supervisors to pick November, saying a special election would cost the county approximately $15-20 million while a consolidated election would cost approximately $4 million.\u003c/p>\n\u003cp>\u003cstrong>Inside view:\u003c/strong> According to the county administrator, the county is expecting a budget deficit of around $68 million. And the county may have to bail out the Alameda Health Service, which is anticipating a whopping $100 million deficit.\u003c/p>\n\u003cp>“Normally, the county has a deficit of about $50 million or so. That’s not too tough for us to balance,” Miley said. “But we start getting over $100 million, $150 million — that becomes more challenging.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Outside view:\u003c/strong> Nearly 100 people spoke during hours of public comment on Tuesday. Price supporters said \u003ca href=\"https://www.kqed.org/news/11984353/alameda-county-district-attorney-challenges-recall-signature-count\">the registrar violated the county charter\u003c/a> in approving the recall for the ballot.\u003c/p>\n\u003cp>“I don’t understand how you can move forward with a recall that did not follow the county rules,” said Rivka Polatnick. “You need to uphold the county charter, which was in effect at the time and not move forward with this.”\u003c/p>\n\u003cp>Others said choosing November would be more democratic because general elections tend to draw a larger voter turnout than special elections.\u003c/p>\n\u003cp>“We can’t let a small number of voters with the most access to information dictate our election,” said Deanna Lui, political coordinator for the Asian Pacific islander Environmental Network.\u003c/p>\n\u003cp>Supporters of the recall wanted a special election, arguing that Price’s policies reducing the use of sentence enhancements are too lenient.\u003c/p>\n\u003cp>“We cannot afford the delay. The consequences of postponing the election are far reaching, affecting thousands of cases similar to my daughter’s case,” said Sophie Ortiz, whose 5-year-old daughter, Eliyanah Crisostomo, was \u003ca href=\"https://www.kron4.com/news/bay-area/chp-releasing-more-details-on-eliyanah-crisostomo-homicide/\">killed when her family’s car was shot at while driving on Interstate 808\u003c/a> in 2023.\u003c/p>\n\u003cp>\u003cstrong>Between the lines:\u003c/strong> Accusations of supervisors letting personal politics sway their vote were flying at the meeting. Recall supporters highlighted Carson’s $2,500 donation in February to Price’s 2028 re-election campaign.\u003c/p>\n\u003cp>“That person has been duly elected,” he said. “I think that they deserve at least a reasonable period of time in order to find out what their job entails, to understand their job and be able to carry it out.”\u003c/p>\n\u003cp>Price supporters referred to a photo of Miley posing with recall campaign leader Brenda Grisham at his annual campaign rally last weekend.\u003c/p>\n\u003cp>“I have friends on both sides of this issue,” Miley said. “Where I’m falling on this, it’s not based on politics and it’s not based on personalities. It’s based on what I think needs to happen.”\u003c/p>\n\u003cp>\u003cstrong>What’s next:\u003c/strong> Over the next five months, both sides of the recall are going to be fundraising and doing their best to draw Alameda voters to their view of the DA’s short track record. So far, the recall fundraising has far outpaced that of Price supporters.\u003c/p>\n\u003cp>“The effort to overturn the November election has never been a grassroots movement,” Price said. “It is a platinum roots movement. From the beginning, it’s been an effort bankrolled by a handful of super rich real estate investors and tech executives. The platinum roots behind the scenes, propping up the faces out front, falsely claiming that they were grassroots.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>If a recall is approved by voters in November, the DA’s office may see a series of new leaders. According to the county charter, the supervisors will be responsible for selecting an interim district attorney to take Price’s spot until the next regularly scheduled general election in 2026. Then voters would get to elect someone to fill out the rest of Price’s term, which ends in 2028. The outcome could be four different administrations before the decade is out.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Alameda County District Attorney Pamela Price released charging data on Tuesday.\u003c/p>\n\u003cp>According to the 2023 Annual Report, the DA’s office filed criminal charges related to 62.9% of incident reports brought to it by county law enforcement agencies. Between 2019-2022, the charging rate under former District Attorney Nancy O’Malley ranged from approximately 61-67%.\u003c/p>\n\u003cp>Of the nearly 12,000 reports assessed by Price’s office, 34% did not lead to charges. At a Tuesday press conference, Tara Anderson, assistant chief of administration and operations, said the top reasons to decline charges was that there was not enough evidence to prosecute, the prosecution was better suited for another jurisdiction or the case was resolved through pre-filing diversion programs.\u003c/p>\n\u003cp>The office said 2,555 cases were sent to the county’s 14 diversion courts. The largest portion went to the county’s behavioral health court. According to Anderson, the cases are separate from the total number filed because some people who entered the diversion courts in 2023 were initially charged in previous years.\u003c/p>\n\u003cp>This complication is a small window into the complexities of the office’s case management system, which Anderson said has led to delays in making the data public. The office did not respond to \u003ca href=\"https://www.sfchronicle.com/bayarea/article/pamela-price-alameda-attorney-18677716.php\">prior requests from reporters\u003c/a> for detailed data on charging practices. The information vacuum contributed to some support of the effort to recall Price, fueling speculation that her office was filing charges less frequently than her predecessor.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Price said the case management system she inherited doesn’t allow for the kind of data extraction journalists have requested. The DA’s office adopted a new system in 2019.\u003c/p>\n\u003cp>“So the kinds of questions that you all have asked, that we would like to know, [the data] doesn’t exist at this time,” Price said.\u003c/p>\n\u003cp>When the office went remote because of the pandemic in March 2020, Price said lawyers were just getting used to the new system.\u003c/p>\n\u003cp>“There was not enough experience for them to even understand how to best utilize it, even as a case management system, and there was no way to use it as a tracking mechanism,” she said.\u003c/p>\n\u003cp>Over the last year, Price said the office has been working to build a system that allows it to extract data about charging and case outcomes, as well as defendant and victim demographics.\u003c/p>\n\u003cp>Anderson is tasked with overseeing the office’s efforts to improve its data transparency. The work is happening with the assistance of outside organizations. In the last year, the office formalized data-sharing agreements with the California Policy Lab and the county’s behavioral health services to improve case tracking and data extraction. The office has also hired its first data analyst.\u003c/p>\n\u003cp>“We are opening the black box of prosecution to provide a view into this consequential work,” said Anderson, who added the office is collaborating with researchers at four universities across the country to develop indicators to track prosecutor performance in more nuanced ways than simply counting convictions.\u003c/p>\n\u003cp>Price said she aims to launch an online dashboard in January so the public can view real-time information about how the office is handling the cases brought to it by police. She said the office plans to hold meetings later this year to gather public input on the design.\u003c/p>\n\u003cp>The Santa Clara County District Attorney \u003ca href=\"https://data.dacalifornia.org/santa-clara/\">launched a dashboard last month.\u003c/a> It’s one of the few in the state.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“There are only three counties that have public data dashboards,” Price said. “We are rushing to become one of them.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Alameda County District Attorney Pamela Price released charging data on Tuesday.\u003c/p>\n\u003cp>According to the 2023 Annual Report, the DA’s office filed criminal charges related to 62.9% of incident reports brought to it by county law enforcement agencies. Between 2019-2022, the charging rate under former District Attorney Nancy O’Malley ranged from approximately 61-67%.\u003c/p>\n\u003cp>Of the nearly 12,000 reports assessed by Price’s office, 34% did not lead to charges. At a Tuesday press conference, Tara Anderson, assistant chief of administration and operations, said the top reasons to decline charges was that there was not enough evidence to prosecute, the prosecution was better suited for another jurisdiction or the case was resolved through pre-filing diversion programs.\u003c/p>\n\u003cp>The office said 2,555 cases were sent to the county’s 14 diversion courts. The largest portion went to the county’s behavioral health court. According to Anderson, the cases are separate from the total number filed because some people who entered the diversion courts in 2023 were initially charged in previous years.\u003c/p>\n\u003cp>This complication is a small window into the complexities of the office’s case management system, which Anderson said has led to delays in making the data public. The office did not respond to \u003ca href=\"https://www.sfchronicle.com/bayarea/article/pamela-price-alameda-attorney-18677716.php\">prior requests from reporters\u003c/a> for detailed data on charging practices. The information vacuum contributed to some support of the effort to recall Price, fueling speculation that her office was filing charges less frequently than her predecessor.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Price said the case management system she inherited doesn’t allow for the kind of data extraction journalists have requested. The DA’s office adopted a new system in 2019.\u003c/p>\n\u003cp>“So the kinds of questions that you all have asked, that we would like to know, [the data] doesn’t exist at this time,” Price said.\u003c/p>\n\u003cp>When the office went remote because of the pandemic in March 2020, Price said lawyers were just getting used to the new system.\u003c/p>\n\u003cp>“There was not enough experience for them to even understand how to best utilize it, even as a case management system, and there was no way to use it as a tracking mechanism,” she said.\u003c/p>\n\u003cp>Over the last year, Price said the office has been working to build a system that allows it to extract data about charging and case outcomes, as well as defendant and victim demographics.\u003c/p>\n\u003cp>Anderson is tasked with overseeing the office’s efforts to improve its data transparency. The work is happening with the assistance of outside organizations. In the last year, the office formalized data-sharing agreements with the California Policy Lab and the county’s behavioral health services to improve case tracking and data extraction. The office has also hired its first data analyst.\u003c/p>\n\u003cp>“We are opening the black box of prosecution to provide a view into this consequential work,” said Anderson, who added the office is collaborating with researchers at four universities across the country to develop indicators to track prosecutor performance in more nuanced ways than simply counting convictions.\u003c/p>\n\u003cp>Price said she aims to launch an online dashboard in January so the public can view real-time information about how the office is handling the cases brought to it by police. She said the office plans to hold meetings later this year to gather public input on the design.\u003c/p>\n\u003cp>The Santa Clara County District Attorney \u003ca href=\"https://data.dacalifornia.org/santa-clara/\">launched a dashboard last month.\u003c/a> It’s one of the few in the state.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“There are only three counties that have public data dashboards,” Price said. “We are rushing to become one of them.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Alameda County District Attorney Pamela Price told KQED she plans to ask the Board of Supervisors to declare the recall signature count illegal at its meeting on Tuesday.\u003c/p>\n\u003cp>Save Alameda For Everyone, or SAFE, launched an effort to recall Price less than a year into her term. The group is critical of her progressive policies. On April 15, the Alameda County Registrar of Voters announced the campaign had \u003ca href=\"https://www.kqed.org/news/11983091/recall-of-alameda-county-district-attorney-pamela-price-qualifies-for-a-vote\">submitted enough valid signatures to trigger a recall election\u003c/a>.\u003c/p>\n\u003cp>[aside postID=\"news_11983091,news_11978242,news_11966518\" label=\"Related Stories\"]The supervisors are expected to officially receive the registrar’s final count at Tuesday’s meeting, initiating a \u003ca href=\"https://elections.cdn.sos.ca.gov/recalls/recall-procedures-guide.pdf\">state-mandated 14-day period\u003c/a> to set a date for the recall election. If the supervisors don’t set a date, the responsibility will fall to the registrar who would have five days to set a date.\u003c/p>\n\u003cp>Price’s request will add to an already confusing recall process that’s had both supporters and opponents accusing the registrar of foul play. The central debate is whether county or state recall rules should govern the recall.\u003c/p>\n\u003cp>In March, \u003ca href=\"https://www.kqed.org/news/11978242/measure-b-to-change-alameda-county-recall-rules-leads-by-large-margin-in-early-returns\">voters approved Measure B\u003c/a>, erasing \u003ca href=\"https://www.acgov.org/hrs/documents/charterprintable.pdf\">the county’s recall rules\u003c/a> and replacing them with \u003ca href=\"https://elections.cdn.sos.ca.gov/recalls/recall-procedures-guide.pdf\">state rules\u003c/a>. The Secretary of State certified the results on April 12, and the Board of Supervisors adopted the new rules at its meeting four days later.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Even before the new rules were adopted, the county used a hodgepodge of state and county rules to govern different aspects of the recall.\u003c/p>\n\u003cp>In July, the registrar used county rules to determine how many signatures SAFE needed to gather. After SAFE submitted signatures on March 4, the registrar failed to complete its count by the county charter-mandated deadline of 10 days. The registrar then applied state rules to set a new 30-day deadline for completing the count.\u003c/p>\n\u003cp>While tabulating the signatures between March 4 and April 15, Protect the Win, a committee formed to support Price, argues that the registrar appears to have ignored a portion of the county charter that required all signature gatherers to be registered voters in Alameda County. Price’s attorney said the recall count was illegal.\u003c/p>\n\u003cp>“We’re going to ask the board of supervisors to do the right thing,” said James Sutton, an attorney for Protect the Win. “Either don’t put it on the ballot because it’s illegal, or at the very least, have the county go to court to have a judge answer these questions.”\u003c/p>\n\u003cp>Sutton said he asked the registrar how many signatures were collected by people who were not registered as voters in Alameda County but hasn’t received a response.\u003c/p>\n\u003cp>The registrar and the county counsel have not responded to KQED’s requests for comment. But in a letter to the board in November, Donna Ziegler, the county counsel, called the requirement that signature gatherers be registered county voters “unconstitutional,” citing U.S. Supreme Court decisions that found similar requirements for circulating initiative petitions invalid.\u003c/p>\n\u003cp>Sutton said the county doesn’t get to decide whether or not to follow a rule that’s still on the books — even if that rule might lose in a court battle. He said the county should have gone to a judge to get an opinion on whether it should enforce the rule. The legal determination, which resolves uncertainty for litigants, is known as declaratory relief.\u003c/p>\n\u003cp>David Levine, a UC Law SF professor and civil procedure expert, told KQED that the registrar’s decision to follow its counsel’s opinion was not necessarily wrong.\u003c/p>\n\u003cp>“Counties make decisions all the time, saying, ‘Well, we think this is the right way to go.’ But, of course, somebody might disagree,” Levine said. “They might sue, and declaratory relief could have been an option at that point, but I don’t see it as being required.”\u003c/p>\n\u003cp>Levine said the county was likely trying to maneuver out of a tough spot.\u003c/p>\n\u003cp>“My guess? They’re trying to follow the stricter rule first,” he said. “And when they couldn’t comply with the stricter rule, they said, ‘Well, we at least have an argument for the looser state rule, so let’s go with the looser rule.’”\u003c/p>\n\u003cp>SAFE has been inconsistent about which rules it thinks should apply to recall procedures.\u003c/p>\n\u003cp>In a letter to the Board of Supervisors on April 22, SAFE asked the supervisors to follow the county’s mandate that an election be scheduled between 35 and 40 days from receiving notice from the registrar that the signatures qualified for a recall election. In the same letter, SAFE requested Supervisor Nate Miley add an agenda item for Tuesday’s meeting instructing the board to set an election date using the state’s scheduling timeline of 88 and 125 days.\u003c/p>\n\u003cp>At a press conference on April 16, Carl Chan of SAFE alleged that the registrar’s rejection of 39% of the recall signatures was in part due to the registrar improperly imposing a county rule requiring signers to include their occupation with their signature. Chan said the county should have followed the state rules, which don’t require an occupation.\u003c/p>\n\u003cp>SAFE’s Brenda Grisham said an election should be scheduled without delay following the certification of recall signatures, citing the county charter. She said the county has never clearly laid out what recall rules it would follow and how the passage of Measure B might change them.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“They just wanted to toggle between the two,” she said. “And so we’re going to toggle with them, whichever one is best for us.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Alameda County District Attorney Pamela Price told KQED she plans to ask the Board of Supervisors to declare the recall signature count illegal at its meeting on Tuesday.\u003c/p>\n\u003cp>Save Alameda For Everyone, or SAFE, launched an effort to recall Price less than a year into her term. The group is critical of her progressive policies. On April 15, the Alameda County Registrar of Voters announced the campaign had \u003ca href=\"https://www.kqed.org/news/11983091/recall-of-alameda-county-district-attorney-pamela-price-qualifies-for-a-vote\">submitted enough valid signatures to trigger a recall election\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The supervisors are expected to officially receive the registrar’s final count at Tuesday’s meeting, initiating a \u003ca href=\"https://elections.cdn.sos.ca.gov/recalls/recall-procedures-guide.pdf\">state-mandated 14-day period\u003c/a> to set a date for the recall election. If the supervisors don’t set a date, the responsibility will fall to the registrar who would have five days to set a date.\u003c/p>\n\u003cp>Price’s request will add to an already confusing recall process that’s had both supporters and opponents accusing the registrar of foul play. The central debate is whether county or state recall rules should govern the recall.\u003c/p>\n\u003cp>In March, \u003ca href=\"https://www.kqed.org/news/11978242/measure-b-to-change-alameda-county-recall-rules-leads-by-large-margin-in-early-returns\">voters approved Measure B\u003c/a>, erasing \u003ca href=\"https://www.acgov.org/hrs/documents/charterprintable.pdf\">the county’s recall rules\u003c/a> and replacing them with \u003ca href=\"https://elections.cdn.sos.ca.gov/recalls/recall-procedures-guide.pdf\">state rules\u003c/a>. The Secretary of State certified the results on April 12, and the Board of Supervisors adopted the new rules at its meeting four days later.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Even before the new rules were adopted, the county used a hodgepodge of state and county rules to govern different aspects of the recall.\u003c/p>\n\u003cp>In July, the registrar used county rules to determine how many signatures SAFE needed to gather. After SAFE submitted signatures on March 4, the registrar failed to complete its count by the county charter-mandated deadline of 10 days. The registrar then applied state rules to set a new 30-day deadline for completing the count.\u003c/p>\n\u003cp>While tabulating the signatures between March 4 and April 15, Protect the Win, a committee formed to support Price, argues that the registrar appears to have ignored a portion of the county charter that required all signature gatherers to be registered voters in Alameda County. Price’s attorney said the recall count was illegal.\u003c/p>\n\u003cp>“We’re going to ask the board of supervisors to do the right thing,” said James Sutton, an attorney for Protect the Win. “Either don’t put it on the ballot because it’s illegal, or at the very least, have the county go to court to have a judge answer these questions.”\u003c/p>\n\u003cp>Sutton said he asked the registrar how many signatures were collected by people who were not registered as voters in Alameda County but hasn’t received a response.\u003c/p>\n\u003cp>The registrar and the county counsel have not responded to KQED’s requests for comment. But in a letter to the board in November, Donna Ziegler, the county counsel, called the requirement that signature gatherers be registered county voters “unconstitutional,” citing U.S. Supreme Court decisions that found similar requirements for circulating initiative petitions invalid.\u003c/p>\n\u003cp>Sutton said the county doesn’t get to decide whether or not to follow a rule that’s still on the books — even if that rule might lose in a court battle. He said the county should have gone to a judge to get an opinion on whether it should enforce the rule. The legal determination, which resolves uncertainty for litigants, is known as declaratory relief.\u003c/p>\n\u003cp>David Levine, a UC Law SF professor and civil procedure expert, told KQED that the registrar’s decision to follow its counsel’s opinion was not necessarily wrong.\u003c/p>\n\u003cp>“Counties make decisions all the time, saying, ‘Well, we think this is the right way to go.’ But, of course, somebody might disagree,” Levine said. “They might sue, and declaratory relief could have been an option at that point, but I don’t see it as being required.”\u003c/p>\n\u003cp>Levine said the county was likely trying to maneuver out of a tough spot.\u003c/p>\n\u003cp>“My guess? They’re trying to follow the stricter rule first,” he said. “And when they couldn’t comply with the stricter rule, they said, ‘Well, we at least have an argument for the looser state rule, so let’s go with the looser rule.’”\u003c/p>\n\u003cp>SAFE has been inconsistent about which rules it thinks should apply to recall procedures.\u003c/p>\n\u003cp>In a letter to the Board of Supervisors on April 22, SAFE asked the supervisors to follow the county’s mandate that an election be scheduled between 35 and 40 days from receiving notice from the registrar that the signatures qualified for a recall election. In the same letter, SAFE requested Supervisor Nate Miley add an agenda item for Tuesday’s meeting instructing the board to set an election date using the state’s scheduling timeline of 88 and 125 days.\u003c/p>\n\u003cp>At a press conference on April 16, Carl Chan of SAFE alleged that the registrar’s rejection of 39% of the recall signatures was in part due to the registrar improperly imposing a county rule requiring signers to include their occupation with their signature. Chan said the county should have followed the state rules, which don’t require an occupation.\u003c/p>\n\u003cp>SAFE’s Brenda Grisham said an election should be scheduled without delay following the certification of recall signatures, citing the county charter. She said the county has never clearly laid out what recall rules it would follow and how the passage of Measure B might change them.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“They just wanted to toggle between the two,” she said. “And so we’re going to toggle with them, whichever one is best for us.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Alameda County District Attorney Pamela Price announced Monday that a federal judge has directed her office to review all death penalty convictions for signs of prosecutorial misconduct.\u003c/p>\n\u003cp>The directive from Judge Vince Chhabria of the U.S. District Court of Northern California comes after evidence indicating Alameda County prosecutors may have excluded Black and Jewish jurors was found in the case of Ernest Dykes, who sits on death row.\u003c/p>\n\u003cp>The discovery of notes highlighting the race and ethnicity of potential jurors in Dykes’ case has led to the latest allegation that prosecutors systematically prevented Black and Jewish residents from serving on death penalty juries in the 1980s and 1990s. The rejection was based on the belief that Black and Jewish jurors were more likely to oppose the death penalty.\u003c/p>\n\u003cp>“These notes — especially when considered in conjunction with evidence presented in other cases — constitutes strong evidence that, in prior decades, prosecutors from the [Alameda County District Attorney’s office] were engaged in a pattern of serious misconduct, automatically excluding Jewish and African American jurors in death penalty cases,” Judge Chhabria, who will oversee Alameda County’s review, wrote in a Monday court order.\u003c/p>\n\u003cp>The misconduct allegations in the county were the subject of a state Supreme Court hearing in 2005. State and federal law bars prosecutors from removing jurors based on race or ethnicity.\u003c/p>\n\u003cfigure id=\"attachment_11983717\" class=\"wp-caption aligncenter\" style=\"max-width: 600px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/image-4-1.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11983717\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/image-4-1.png\" alt=\"A screenshot of a court document.\" width=\"600\" height=\"545\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/image-4-1.png 600w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/image-4-1-160x145.png 160w\" sizes=\"(max-width: 600px) 100vw, 600px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">U.S. District Court Judge Vince Chhabria lifted his order barring the Alameda County District Attorney’s Office from disclosing records of alleged prosecutorial misconduct in death penalty cases on April 22. \u003ccite>(Courtesy of the U.S. District Court of Northern California)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Judge Chhabria is very much aware the District Court has reversed a number of convictions based on similar evidence,” Price said. “For too long, prosecutors have not been held to a high standard and have not had accountability.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Dykes was convicted in 1995 for the murder of 9-year-old Lance Clark and the attempted murder of his grandmother, Bernice Clark, during a robbery at an East Oakland apartment complex. An appeal of his sentence is currently before Judge Chhabria.\u003c/p>\n\u003cp>According to data from the California Department of Corrections and Rehabilitation, there are currently 37 people on death row who were convicted in Alameda County, including Dykes. Price’s office told KQED it is reviewing 35 cases. The review could lead to resentencing or retrials.\u003c/p>\n\u003cfigure id=\"attachment_11983714\" class=\"wp-caption aligncenter\" style=\"max-width: 873px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.55.58-PM-e1713819445665.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11983714 size-full\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.55.58-PM-e1713820027956.png\" alt=\"A screenshot image of a handwritten note.\" width=\"873\" height=\"522\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.55.58-PM-e1713820027956.png 873w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.55.58-PM-e1713820027956-800x478.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.55.58-PM-e1713820027956-160x96.png 160w\" sizes=\"(max-width: 873px) 100vw, 873px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Alameda County District Attorney says the recently discovered 1995 prosecutor’s voir dire notes show a disdain for Black women and a belief they won’t vote for a death sentence. No Black women were selected as jurors in the 1995 trial. \u003ccite>(Courtesy of Alameda County District Attorney)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Price said one of her deputies found handwritten notes about potential jurors while reviewing Dykes’ case file at the request of Judge Chhabria. Price’s office shared some of these notes with KQED.\u003c/p>\n\u003cp>In one example concerning a Black female juror, an unnamed prosecutor wrote, “Says race is no issue, but I don’t believe her.” Another note described a different Black female juror as “short, fat, troll,” and that she “seemed put out my Q’s about the D/P — tried to avoid giving direct answer [sic] a lot of ‘I don’t knows’ — don’t believe she could vote D/P.” The unnamed prosecutor, apparently, used “Q’s” as an abbreviation for questions and “D/P” for the death penalty.\u003c/p>\n\u003cfigure id=\"attachment_11983715\" class=\"wp-caption aligncenter\" style=\"max-width: 684px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.56.13-PM.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11983715\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.56.13-PM.png\" alt=\"\" width=\"684\" height=\"510\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.56.13-PM.png 684w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.56.13-PM-160x119.png 160w\" sizes=\"(max-width: 684px) 100vw, 684px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A deputy district attorney in Alameda County found notes from a 1995 trial that show prosecutors highlighting a prospective juror’s Jewish identity. No Jewish jurors were selected to serve as jurors in the trial. \u003ccite>(Courtesy of Alameda County District Attorney)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Other notes appear to document whether the author believed prospective jurors were Jewish, writing at the top of a juror questionnaire, “Jew? Yes.” In notes about another juror, “Banker. Jew?” is followed by “Nice guy — thoughtful but never a strong DP leader — Jewish background.”\u003c/p>\n\u003cp>Colton Carmine, a former deputy district attorney, was the lead prosecutor in Dykes’ trial. Carmine was assisted in jury selection by former Deputy District Attorney Morris Jacobson, now an Alameda County Superior Court judge. According to Price, it is not clear if the handwriting in the case file belongs to Carmine, Jacobson or someone else.\u003c/p>\n\u003cp>No Black or Jewish jurors heard Dykes’ case.\u003c/p>\n\u003cp>Carmine could not be reached for comment. Jacobson did not immediately respond to KQED’s request for comment.\u003c/p>\n\u003cp>“The notes appear to indicate a disdain for Black women,” Price said. “The fact that they were singled out in the way in which they are in the notes, and ways that other jurors were not, is very telling.”\u003c/p>\n\u003cp>Defense attorneys for Dykes, who is at the California Health Care Facility, a state prison for incarcerated patients with protracted medical needs, hope the review creates an opportunity to unearth and address a decadeslong problem.[aside postID=\"news_11980987,news_11983091\" label=\"Related Stories\"]\u003c/p>\n\u003cp>“This has been there for 20 years, and it keeps coming up in cases,” said Brian Pomerantz, who represents Dykes as well as two other people on death row after being convicted in Alameda County.\u003c/p>\n\u003cp>A review of 26 juries conducted by defense attorney Lawrence Gibbs, in conjunction with attorneys for Habeas Corpus Resource Center, found that in death penalty cases between 1984 and 1994, Alameda prosecutors removed every single juror who identified themselves as Jewish and nearly 90% of jurors with apparent Jewish surnames as long as they still had peremptory strikes available to them.\u003c/p>\n\u003cp>Evidence of systematic removal of Black female and Jewish jurors has led to at least three people convicted in Alameda County being resentenced and is at issue in at least three pending Alameda death penalty appeals, including Dykes’. The allegation was the focus of a \u003ca href=\"https://www.latimes.com/archives/la-xpm-2006-may-19-me-jewish19-story.html\">2005 state Supreme Court hearing\u003c/a> in which Carmine testified that prosecutors were trained to exclude Jewish jurors. The Supreme Court rejected misconduct claims.\u003c/p>\n\u003cp>“This should not be the legacy of this office,” Price told KQED. “The prosecutors who participated in this practice — if we determine that they did, in fact, have this practice — undermined the conviction integrity of every one of these cases, and now the victims, the witnesses, and the defendants have to bear the brunt of it.”\u003c/p>\n\u003cp>The review began a month ago. Price said her office has begun outreach to the survivors and victims of crimes that resulted in death penalty sentences. Her office also created a hotline for people with questions about the review.\u003c/p>\n\u003cp>“It’s outrageous. When you have this kind of misconduct, it impacts them first and foremost because they have been misled,” Price said. “We have to be mindful of the impact that this has on them, and address their needs as well as balancing the right of every defendant to a fair trial.”\u003c/p>\n\u003cp>In 2019, Gov. Gavin Newsom declared a moratorium on death sentences. Earlier this month, Santa Clara District Attorney Jeff Rosen announced he would \u003ca href=\"https://www.latimes.com/california/story/2024-04-04/santa-clara-county-da-death-penalty-cases\">resentence all 15 people with death row convictions in the county\u003c/a>.\u003c/p>\n\u003cp>In statewide referendums in 2012 and 2016, approximately 60% of Alameda County residents voted in favor of ending the state’s death penalty. The propositions failed.\u003c/p>\n\u003cp>Earlier this month, a group of legal advocates led by the Office of the State Public Defender \u003ca href=\"https://www.sfchronicle.com/politics/article/california-death-penalty-lawsuit-19392576.php\">asked the state Supreme Court\u003c/a> to “bar the prosecution, imposition and execution of death sentences” because the death penalty is disproportionately applied to people of color in California. According to \u003ca href=\"https://statecourtreport.org/sites/default/files/2024-04/california-state-public-defender-petition-for-stays-of-execution.pdf\">their court filings\u003c/a>, Black defendants are roughly nine times more likely to be sentenced to death than defendants of all other races, in part because of the exclusion of people of color from juries, they argued.\u003c/p>\n\u003cp>A \u003ca href=\"http://www.clrc.ca.gov/CRPC/Pub/Reports/CRPC_DPR.pdf\">2021 report\u003c/a> by the Committee on the Revision of the Penal Code found that between 2010-2020 Alameda juries sent three people to death row. All three are Black.\u003c/p>\n\u003cp>Price said her office plans to review each case separately. The review may be expanded to include other types of convictions.\u003c/p>\n\u003cp>“We will follow the string or the trail wherever it leads,” Price told KQED. “We will not cover this up.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ci>The Alameda County District Attorney created a hotline for victims and survivors impacted by death penalty cases. The office can be reached by phone at 510-208-9555 or by email at shawn.mitchell@acgov.org.\u003c/i>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Alameda County District Attorney Pamela Price announced Monday that a federal judge has directed her office to review all death penalty convictions for signs of prosecutorial misconduct.\u003c/p>\n\u003cp>The directive from Judge Vince Chhabria of the U.S. District Court of Northern California comes after evidence indicating Alameda County prosecutors may have excluded Black and Jewish jurors was found in the case of Ernest Dykes, who sits on death row.\u003c/p>\n\u003cp>The discovery of notes highlighting the race and ethnicity of potential jurors in Dykes’ case has led to the latest allegation that prosecutors systematically prevented Black and Jewish residents from serving on death penalty juries in the 1980s and 1990s. The rejection was based on the belief that Black and Jewish jurors were more likely to oppose the death penalty.\u003c/p>\n\u003cp>“These notes — especially when considered in conjunction with evidence presented in other cases — constitutes strong evidence that, in prior decades, prosecutors from the [Alameda County District Attorney’s office] were engaged in a pattern of serious misconduct, automatically excluding Jewish and African American jurors in death penalty cases,” Judge Chhabria, who will oversee Alameda County’s review, wrote in a Monday court order.\u003c/p>\n\u003cp>The misconduct allegations in the county were the subject of a state Supreme Court hearing in 2005. State and federal law bars prosecutors from removing jurors based on race or ethnicity.\u003c/p>\n\u003cfigure id=\"attachment_11983717\" class=\"wp-caption aligncenter\" style=\"max-width: 600px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/image-4-1.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11983717\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/image-4-1.png\" alt=\"A screenshot of a court document.\" width=\"600\" height=\"545\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/image-4-1.png 600w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/image-4-1-160x145.png 160w\" sizes=\"(max-width: 600px) 100vw, 600px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">U.S. District Court Judge Vince Chhabria lifted his order barring the Alameda County District Attorney’s Office from disclosing records of alleged prosecutorial misconduct in death penalty cases on April 22. \u003ccite>(Courtesy of the U.S. District Court of Northern California)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Judge Chhabria is very much aware the District Court has reversed a number of convictions based on similar evidence,” Price said. “For too long, prosecutors have not been held to a high standard and have not had accountability.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Dykes was convicted in 1995 for the murder of 9-year-old Lance Clark and the attempted murder of his grandmother, Bernice Clark, during a robbery at an East Oakland apartment complex. An appeal of his sentence is currently before Judge Chhabria.\u003c/p>\n\u003cp>According to data from the California Department of Corrections and Rehabilitation, there are currently 37 people on death row who were convicted in Alameda County, including Dykes. Price’s office told KQED it is reviewing 35 cases. The review could lead to resentencing or retrials.\u003c/p>\n\u003cfigure id=\"attachment_11983714\" class=\"wp-caption aligncenter\" style=\"max-width: 873px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.55.58-PM-e1713819445665.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11983714 size-full\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.55.58-PM-e1713820027956.png\" alt=\"A screenshot image of a handwritten note.\" width=\"873\" height=\"522\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.55.58-PM-e1713820027956.png 873w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.55.58-PM-e1713820027956-800x478.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.55.58-PM-e1713820027956-160x96.png 160w\" sizes=\"(max-width: 873px) 100vw, 873px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Alameda County District Attorney says the recently discovered 1995 prosecutor’s voir dire notes show a disdain for Black women and a belief they won’t vote for a death sentence. No Black women were selected as jurors in the 1995 trial. \u003ccite>(Courtesy of Alameda County District Attorney)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Price said one of her deputies found handwritten notes about potential jurors while reviewing Dykes’ case file at the request of Judge Chhabria. Price’s office shared some of these notes with KQED.\u003c/p>\n\u003cp>In one example concerning a Black female juror, an unnamed prosecutor wrote, “Says race is no issue, but I don’t believe her.” Another note described a different Black female juror as “short, fat, troll,” and that she “seemed put out my Q’s about the D/P — tried to avoid giving direct answer [sic] a lot of ‘I don’t knows’ — don’t believe she could vote D/P.” The unnamed prosecutor, apparently, used “Q’s” as an abbreviation for questions and “D/P” for the death penalty.\u003c/p>\n\u003cfigure id=\"attachment_11983715\" class=\"wp-caption aligncenter\" style=\"max-width: 684px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.56.13-PM.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11983715\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.56.13-PM.png\" alt=\"\" width=\"684\" height=\"510\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.56.13-PM.png 684w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.56.13-PM-160x119.png 160w\" sizes=\"(max-width: 684px) 100vw, 684px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A deputy district attorney in Alameda County found notes from a 1995 trial that show prosecutors highlighting a prospective juror’s Jewish identity. No Jewish jurors were selected to serve as jurors in the trial. \u003ccite>(Courtesy of Alameda County District Attorney)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Other notes appear to document whether the author believed prospective jurors were Jewish, writing at the top of a juror questionnaire, “Jew? Yes.” In notes about another juror, “Banker. Jew?” is followed by “Nice guy — thoughtful but never a strong DP leader — Jewish background.”\u003c/p>\n\u003cp>Colton Carmine, a former deputy district attorney, was the lead prosecutor in Dykes’ trial. Carmine was assisted in jury selection by former Deputy District Attorney Morris Jacobson, now an Alameda County Superior Court judge. According to Price, it is not clear if the handwriting in the case file belongs to Carmine, Jacobson or someone else.\u003c/p>\n\u003cp>No Black or Jewish jurors heard Dykes’ case.\u003c/p>\n\u003cp>Carmine could not be reached for comment. Jacobson did not immediately respond to KQED’s request for comment.\u003c/p>\n\u003cp>“The notes appear to indicate a disdain for Black women,” Price said. “The fact that they were singled out in the way in which they are in the notes, and ways that other jurors were not, is very telling.”\u003c/p>\n\u003cp>Defense attorneys for Dykes, who is at the California Health Care Facility, a state prison for incarcerated patients with protracted medical needs, hope the review creates an opportunity to unearth and address a decadeslong problem.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“This has been there for 20 years, and it keeps coming up in cases,” said Brian Pomerantz, who represents Dykes as well as two other people on death row after being convicted in Alameda County.\u003c/p>\n\u003cp>A review of 26 juries conducted by defense attorney Lawrence Gibbs, in conjunction with attorneys for Habeas Corpus Resource Center, found that in death penalty cases between 1984 and 1994, Alameda prosecutors removed every single juror who identified themselves as Jewish and nearly 90% of jurors with apparent Jewish surnames as long as they still had peremptory strikes available to them.\u003c/p>\n\u003cp>Evidence of systematic removal of Black female and Jewish jurors has led to at least three people convicted in Alameda County being resentenced and is at issue in at least three pending Alameda death penalty appeals, including Dykes’. The allegation was the focus of a \u003ca href=\"https://www.latimes.com/archives/la-xpm-2006-may-19-me-jewish19-story.html\">2005 state Supreme Court hearing\u003c/a> in which Carmine testified that prosecutors were trained to exclude Jewish jurors. The Supreme Court rejected misconduct claims.\u003c/p>\n\u003cp>“This should not be the legacy of this office,” Price told KQED. “The prosecutors who participated in this practice — if we determine that they did, in fact, have this practice — undermined the conviction integrity of every one of these cases, and now the victims, the witnesses, and the defendants have to bear the brunt of it.”\u003c/p>\n\u003cp>The review began a month ago. Price said her office has begun outreach to the survivors and victims of crimes that resulted in death penalty sentences. Her office also created a hotline for people with questions about the review.\u003c/p>\n\u003cp>“It’s outrageous. When you have this kind of misconduct, it impacts them first and foremost because they have been misled,” Price said. “We have to be mindful of the impact that this has on them, and address their needs as well as balancing the right of every defendant to a fair trial.”\u003c/p>\n\u003cp>In 2019, Gov. Gavin Newsom declared a moratorium on death sentences. Earlier this month, Santa Clara District Attorney Jeff Rosen announced he would \u003ca href=\"https://www.latimes.com/california/story/2024-04-04/santa-clara-county-da-death-penalty-cases\">resentence all 15 people with death row convictions in the county\u003c/a>.\u003c/p>\n\u003cp>In statewide referendums in 2012 and 2016, approximately 60% of Alameda County residents voted in favor of ending the state’s death penalty. The propositions failed.\u003c/p>\n\u003cp>Earlier this month, a group of legal advocates led by the Office of the State Public Defender \u003ca href=\"https://www.sfchronicle.com/politics/article/california-death-penalty-lawsuit-19392576.php\">asked the state Supreme Court\u003c/a> to “bar the prosecution, imposition and execution of death sentences” because the death penalty is disproportionately applied to people of color in California. According to \u003ca href=\"https://statecourtreport.org/sites/default/files/2024-04/california-state-public-defender-petition-for-stays-of-execution.pdf\">their court filings\u003c/a>, Black defendants are roughly nine times more likely to be sentenced to death than defendants of all other races, in part because of the exclusion of people of color from juries, they argued.\u003c/p>\n\u003cp>A \u003ca href=\"http://www.clrc.ca.gov/CRPC/Pub/Reports/CRPC_DPR.pdf\">2021 report\u003c/a> by the Committee on the Revision of the Penal Code found that between 2010-2020 Alameda juries sent three people to death row. All three are Black.\u003c/p>\n\u003cp>Price said her office plans to review each case separately. The review may be expanded to include other types of convictions.\u003c/p>\n\u003cp>“We will follow the string or the trail wherever it leads,” Price told KQED. “We will not cover this up.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ci>The Alameda County District Attorney created a hotline for victims and survivors impacted by death penalty cases. The office can be reached by phone at 510-208-9555 or by email at shawn.mitchell@acgov.org.\u003c/i>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"tagline": "Where conversation and cultura meet",
"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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"marketplace": {
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"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
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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": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
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"planet-money": {
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"politicalbreakdown": {
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"title": "Political Breakdown",
"tagline": "Politics from a personal perspective",
"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.",
"airtime": "THU 6:30pm-7pm",
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"possible": {
"id": "possible",
"title": "Possible",
"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.",
"airtime": "SUN 2pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg",
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"pri-the-world": {
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"title": "PRI's The World: Latest Edition",
"info": "Each weekday, host Marco Werman and his team of producers bring you the world's most interesting stories in an hour of radio that reminds us just how small our planet really is.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-World-Podcast-Tile-360x360-1.jpg",
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},
"radiolab": {
"id": "radiolab",
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"info": "A two-time Peabody Award-winner, Radiolab is an investigation told through sounds and stories, and centered around one big idea. In the Radiolab world, information sounds like music and science and culture collide. Hosted by Jad Abumrad and Robert Krulwich, the show is designed for listeners who demand skepticism, but appreciate wonder. WNYC Studios is the producer of other leading podcasts including Freakonomics Radio, Death, Sex & Money, On the Media and many more.",
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"reveal": {
"id": "reveal",
"title": "Reveal",
"info": "Created by The Center for Investigative Reporting and PRX, Reveal is public radios first one-hour weekly radio show and podcast dedicated to investigative reporting. Credible, fact based and without a partisan agenda, Reveal combines the power and artistry of driveway moment storytelling with data-rich reporting on critically important issues. The result is stories that inform and inspire, arming our listeners with information to right injustices, hold the powerful accountable and improve lives.Reveal is hosted by Al Letson and showcases the award-winning work of CIR and newsrooms large and small across the nation. In a radio and podcast market crowded with choices, Reveal focuses on important and often surprising stories that illuminate the world for our listeners.",
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"officialWebsiteLink": "https://www.revealnews.org/episodes/",
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},
"rightnowish": {
"id": "rightnowish",
"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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"order": 16
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},
"science-friday": {
"id": "science-friday",
"title": "Science Friday",
"info": "Science Friday is a weekly science talk show, broadcast live over public radio stations nationwide. Each week, the show focuses on science topics that are in the news and tries to bring an educated, balanced discussion to bear on the scientific issues at hand. Panels of expert guests join host Ira Flatow, a veteran science journalist, to discuss science and to take questions from listeners during the call-in portion of the program.",
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},
"snap-judgment": {
"id": "snap-judgment",
"title": "Snap Judgment",
"tagline": "Real stories with killer beats",
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