Contra Costa Herald

Screenshot from Facebook video of press conference with attorneys Mark Meuser and Harmeet Dhillon, Tuesday, Oct. 1, 2019

Representing legal immigrants in effort to verify voters’ citizenship status

By Allen Payton

Elections law attorney and Clayton resident, Mark Meuser, along with attorneys Harmeet Dhillon and Gregory Michael of the Dhillon Law Group in San Francisco, sued California Secretary of State Alex Padilla on Tuesday, claiming the state is not ensuring only citizens are on the voter rolls. Meuser was Padilla’s opponent in last November’s election.

The suit was filed on behalf of three California voters, two of whom are legal immigrants “who earned the privilege to vote by becoming citizens of the United States,” Meuser said.

Meuser and Dhillon were also part of the legal team that was successful in court on Tuesday, when a federal judge barred California from requiring presidential candidates provide their tax returns in order to appear on the March 2020 Primary Election Ballot. It mainly targeted President Trump who has refused to release his tax returns.

Legal Immigrants Sue California For Failure To Verify Voters’ Citizenship Status.

In addition to suing Padilla, the lawsuit by the plaintiffs, Roxanne Hoge, Ali Mazarei, and Corrin Rankin, was also filed against Steve Gordon, director of California’s Department of Motor Vehicles for violations of the National Voter Registration Act. That was passed by Congress and signed into law by President Bill Clinton in 1993. Both Hoge and Mazarei are the legal immigrants who became citizens.

“Federal law says that a state is to ensure that only citizens are on the voting rolls” Meuser said. “California has admitted that they are doing nothing to verify citizenship prior to placing applicants on the voter rolls.”

“The National Voter Registration Act says three things,” he stated in an interview with the California Globe. “Number 1, is that the state shall determine eligibility. Eligibility and citizenship go hand in hand. All they are doing is looking at state records for felons or duplicate registrations.”

To see the entire complaint, visit Publius Lex.

“I am grateful that Publius Lex has agreed to assist in funding this important litigation,” Meuser shared. “Publius Lex is a 501c3 organization that assists in the funding of important civil rights litigation.”

Meuser is asking those interested in supporting the legal effort to please visit the website to make a tax-deductible donation.

Federal Judge Stops California from Keeping President Trump Off of California’s Presidential Primary Ballot

Senate Bill 27  was passed by the Legislature and signed into law by Governor Gavin Newsom in July, in an attempt to force President Trump to release five years of his tax returns. But the judge ruled the law unconstitutional, as it adds to the requirements to be president. The team of lawyers represented the National Republican Party, California Republican Party, and several California voters who sued the State of California and won.

Tuesday, United States District Judge Morrison C. England, Jr. issued an injunction prohibiting California from enforcing the law before they could be placed on the ballot. The judge ruled the law was unconstitutional because:

1. The qualifications to serve as President are in the Constitution and California cannot add to the Constitution;
2. The Republican Party has the right to determine who its standard bearer will be and California cannot interfere with the Republican primary process;
3. Californians have the right to vote for the qualified presidential candidate of their choice and the state cannot tip the scales by pushing voters towards certain candidates by not placing candidates on the ballot;
4. Under Equal Protection, California cannot treat independent candidates one way and candidates for the major parties a different way. This law did not require independent candidates to show their tax returns; and
5. Federal law already mandated financial disclosures of presidential candidates and as such, the state was preempted from passing laws when Congress has already acted.

“Judge England’s opinion makes clear that California’s SB 27 was fatally unconstitutional in multiple respects: qualifications clause, First Amendment, Equal Protection, and also pre-empted by the federal statutes,” Dhillon said. “This order is a victory for the First Amendment, the rule of law, and for all citizens who want to cast their vote for the qualified presidential candidate of their choice without California’s interference. We hope that in light of this decisive, multi-layered opinion, California drops this biased effort to disenfranchise Republican voters, and moves on to more productive efforts designed to address California’s many substantive challenges that affect all California residents.”

“The Judge was very clear that SB 27 was unconstitutional and that the State has no authority to interfere with a qualified candidate appearing on the California Presidential Primary ballot,” Meuser added. “California cannot pass a law that interferes with the Republican Party selecting the standard bearer of its choosing.”

The judge’s decision can be read, here.

By Scott Alonso, Public Information Officer, Contra Costa District Attorney

Earlier this month, the Contra Costa County District Attorney’s Office charged defendant Rodney Brown, a 62-year-old resident of Camino, California with eight felonies, including the alleged sexual abuse of three minors. The victims, listed as Jane Does 1-3 in the criminal complaint, were under 14 years old at the time of the alleged assaults.

Two of the alleged sexual assaults occurred against the victims in El Dorado County in 1995. One victim lives in Contra Costa County and that victim was allegedly assaulted in 2014. The case locally is under investigation by our Office and the Contra Costa County Sheriff’s Office.

Brown pleaded not guilty to each of the felonies alleged in the complaint. Brown is in custody at the Martinez Detention Facility and his bail is set at $8.8 million. His next court date in Pittsburg is on November 20 at 1:30 p.m.

Our Office does not release how a victim may know a defendant in a sexual assault case as well as the age or name of a victim to protect their confidentiality.

The investigation is ongoing and active. Brown is believed to have lived in Bethel Island, Brentwood, as well as El Dorado County. Members of the public with information about the case should call Sgt. Garrett Schiro with the Sheriff’s Office at 925-313-2620.

The case is assigned to Deputy District Attorney Jay Melaas with our Office’s Sexual Assault Unit.

Case information: People v. Rodney Leroy Brown, Docket Number 04-197692-7

Jonathan Jackson and his victim, Sun Kwo. Photos by Richmond Police.

Faces life in prison without the possibility of parole; Richmond PD Detectives solve case

By Allen Payton

On September 26, a Contra Costa County jury found defendant Jonathan Jackson (37 years old) of Richmond, California guilty of four felonies, including the murder of Sun Kwo, an elderly woman. The jury also found Jackson guilty of kidnapping Kwo to commit rape, forcible rape and sexual penetration by foreign object.

On January 28, 2012 in the early morning hours, Kwo was found nearly lifeless at the Big O Tires along San Pablo Avenue in Richmond. Jackson committed the heinous attack against her at that business in an alcove. This alcove was recessed from the storefront and hid the victim from the view of any passerby. According to an ABC7 News report, “when officers arrived, they found 82-year-old Sun Kwon of Richmond barely conscious, bloodied and lying next to a pile of discarded tires. Kwon, a grandmother of six, was sexually assaulted, beaten and suffered major head injuries.”

Six months later she unfortunately succumbed to her injuries inflicted on her by the defendant. The Richmond Police Department investigated the case.

According to a post on the Richmond Police Department’s Facebook page, “This was strong collaborative work by the detectives at the Richmond Police Department and the team at Pittsburg Police Department, Pittsburg, CA. Huge shout out to our detectives and their ongoing effort to keep Richmond safe.”

Initially, no suspect was identified at the time of the brutal attack. In 2016, Jackson was arrested for a felony offense by the Pittsburg Police Department triggering the collection of a DNA sample from him. Jackson’s DNA profile was entered into CODIS, the Combined DNA Index System which is a database that has been pivotal in solving countless criminal cases. Jackson’s profile matched a profile submitted by the Richmond Police Department from evidence they collected at the time of the crime. Richmond Police detectives resumed their investigation and solved the case.

“This day has been a long time coming; justice was finally served in this case thanks to the hard work of the Richmond Police Department, the patience of the victim’s family and the thoughtfulness of the jury who listened to all of the evidence,” Deputy District Attorney Aron DeFerrari stated. “In the end, the justice system is about shining a light on the truth, today that happened, and that is a good thing.”

Jackson now faces a maximum sentence life without the possibility of parole in state prison. Sentencing will occur on December 13, 2019 in front of the Honorable Rebecca Hardie – Department 5 of the Contra Costa County Superior Court in Martinez.

The District Attorney’s office will not release how a victim may know a defendant in a sexual assault case. They don’t release the name of a victim to protect their confidentiality. However, previous news reports did release her name and photo.

Case information: People v. Jonathan Jackson, Docket Number 05-170598-7

Scott Alonso, Public Information Officer, Contra Costa District Attorney was the primary contributor to this report.

The Budweiser Clydesdale team made an appearance pulling the beer wagon with Bob and daughter Laura Markstein along for the ride. Photos by Allen Payton

Included an appearance by the Budweiser Clydesdales

By Allen Payton

On Saturday, Markstein Sales Company of Antioch celebrated their 100th anniversary with a big party for 500 of their employees, customers, friends and local government, fire and safety officials.  It included an appearance by the world-famous Budweiser Clydesdale team and featured multiple tasting stations with decorated themes, plus a variety of food vendors.

Laura Markstein offers thanks to have helped the company’s success.

Laura Markstein, the fourth-generation owner of the beer distributor, presided over the event and thanked all those who helped the company achieve success and its longevity.

Markstein was founded in 1919 with a horse, a wagon and six cases of beer just before the 13 years of prohibition hit. The company made it through that challenge, as well as many others, and Markstein Sales Co. now delivers over 4 million cases of world-class beers to 1,500 retailers in the Bay Area.  The company employs more than 160 people in the East Bay, supports numerous not-profit organizations and serves as a great example of success for a woman-led company in a typically male-dominated industry.

Laura acknowledged her father, Bob, who was also in attendance and joined him for a ride on the beer wagon pulled by the Clydesdale team.

The company relocated to Antioch 11 years ago, as pointed out by Mayor Sean Wright during his presentation to Laura.

“Antioch truly benefited 11 years ago when Markstein chose to expand,” he said. “Laura, congratulations on 100 years and thank so much for what you do for our community.”

The company is regularly listed as one of the top woman-owned businesses in the Bay Area. The company’s offices are located at 1645 Drive In Way in Antioch. For more information visit www.marksteinsalescompany.com.

See more photos on the Antioch Herald Facebook page.

By CHP – Contra Costa

Early this morning, at approximately 1:59 a.m., Contra Costa CHP was advised of a two-vehicle collision on I-680 southbound, just north of Treat Blvd in Walnut Creek. Upon emergency personnel and CHP arrival, it was determined a Nissan Sentra had collided with a dump truck, then subsequently rolled, collided with the concrete center wall, and sustained major damage.

Tragically the solo male driver of the Nissan (43 years old from Hayward) was pronounced deceased at the scene. The solo adult male driver of the dump truck was not injured. The Contra Costa County Sheriff’s Coroner’s Office will be handling the release of identity of the deceased male.
Our preliminary investigation indicates that the driver of the Nissan was traveling southbound on I-680 and for unknown reasons veered across the lanes (from right to left) and collided into the back of the dump truck. Then due to the impact, the Nissan rolled and collided into the concrete center wall and sustained major damage, partially trapping the driver inside. Once the Fire Department and emergency personnel arrived, the driver was extricated from the Nissan but unfortunately pronounced deceased on scene.

Through the investigation on scene, it appeared that the driver was not wearing his seatbelt. The solo male driver of the dump truck was not injured and remained on scene during the investigation.

Although alcohol bottles were located in the Nissan, it is unknown at this time if alcohol and/or drugs are a factor in this collision as it is still under investigation. If anyone witnessed this collision or the Nissan on I-680 prior to this crash, please contact Contra Costa CHP at (925) 646-4980. Thank you.

Screenshot of an ABC7 News report shows the suspect’s vehicle following the collision which resulted in his death in San Pablo, Tuesday, Nov. 27, 2018.

Narayan Sanwal from the website for the foundation named in his honor.

By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

Sheriff-Coroner David O. Livingston announces that a Coroner’s Jury has reached a finding in the November 27, 2018 death of 29-year-old Narayan Raymond Sanwal of El Sobrante. The finding of the jury is that the death is an accident.

The Coroner’s Jury reached a 12-0 verdict after hearing the testimony of witnesses called by the hearing officer, Matthew Guichard.

Sanwal fled from police and crashed his car in San Pablo following a pursuit. (See related article)

A Coroner’s Inquest, which Sheriff-Coroner Livingston convenes in all fatal incidents involving police officers, is a public hearing, during which a jury rules on the manner of a person’s death. Jury members can choose from the following four options when making their finding: accident, suicide, natural causes or at the hands of another person, other than by accident.

The month following his death, Sanwal’s family formed “The Narayan R. Sanwal Charitable Giving Fund which will be making charitable contributions to organizations who help young people in under-served communities in the areas of sports, fitness and educational programs in the Bay Area and beyond.”

Allen Payton contributed to this report.

The Contra Costa County Board of Supervisors honored gardener Victor Celis for 25 years of dedicated service with an award on Tuesday. Celis is a landscaper who is widely known for his professional work at the Lafayette library and in the Alamo area. He has been a lead gardener with the county Public Works Department since 1999. “I’m so humbled and so grateful,“ said Celis. “ I enjoy working for the county. Thank you so much” At the award presentation were from left, Contra Costa County Public Works Director Brian Balbas, Supervisor Federal Glover of Pittsburg, Board Chairperson John Gioia of Richmond, Victor Celis,, Supervisor Karen Mitchoff of Pleasant Hill, wife Alma Celis, daughter Alia Celis, Supervisor Diane Burgis of Brentwood and Vice Chairperson Candace Andersen of Danville. Photo by Daniel Borsuk

Andersen elected Board Chair for 2020

By Daniel Borsuk

Without any citizen opposition, the Contra Costa County Board of Supervisors voted 5-0 on Tuesday to approve an ordinance that will prohibit food vendors from using polystyrene food service ware (Styrofoam) and require vendors to use environmentally-friendly food service products.

The ordinance goes into effect on May 1, 2020. The Contra Costa County Department of Public Works will enforce the law.

The ordinance includes a procedure where a food vendor can file for a one-year hardship exemption from the county. The exemption is renewable.

Concerning the exemption, the ordinance states:

“Application for hardship exemption. A food vendor may request a hardship exemption from the requirements of this chapter by submitting a written request to the Public Works Director. The food vendor must establish to the satisfaction of the Public Works Director that use of polystyrene food service ware will cause an undue hardship to the vendor, or that no suitable alternative polystyrene food service ware is available in the form of environmentally-friendly food service ware. The Public Works Director may require the food vendor to provide additional information in support of its request for a hardship exemption, including, but not limited to a list of available alternative packaging materials and the reasons why those materials cannot be used without causing a hardship to the food vendor. A hardship does not exist solely on the basis that an environmentally-friendly food service ware product costs more than a similar polystyrene food service ware product.”

Howdy Goudey, chair of the Contra Costa Sustainability Commission, told supervisors on Tuesday that he welcomes the county’s ordinance banning polystyrene foodware. Photo by Daniel Howdy Goudey

Exempt from the ordinance are raw meat trays, polystyrene-based ice chests and coolers intended to be reused, and prepackaged food products that use polystyrene-based packaging materials.

“This is great” declared Supervisor Diane Burgis of Brentwood, who briefly talked about her environmental work removing polystyrene dissolved pellets from polluted creeks in the county. “Reusable is the way to go.”

“I welcome the ban of polystyrene foodware in the proposed ordinance,” Howdy Goudey of El Cerrito, who also chairs the Contra Costa Sustainability Commission and wrote in a letter to the supervisors. Goudey also appeared at the board meeting.

“The Contra Costa County ordinance does not go far enough,” said Goudey. “It is inappropriate to exclude compostable foodware products from the definition of environmentally friendly food service ware. “

The county ordinance defines environmentally friendly food packaging as:

“(1) Single-use, disposable containers and other products made from recyclable materials and used for selling, vending, or serving food or beverages, including, but not limited to cups, bowls, plates, and hinged or lidded containers (clamshells).

“(2) Products that can be used more than once in their current form to serve or transport prepared, ready-to-consume food or beverages, including, but not limited to cups, bowls, plates, and containers made from ceramic, glass, porcelain, metal, or other composite or product intended to be reused.”

Andersen Elected Board 2020 Chair, Burgis Vice Chair

Supervisors have broken tradition on the way it elects Board Chairperson and Vice Chairperson by electing the new incoming chairperson and vice chairperson in late September instead of on the first regular board meeting held in January.

The supervisors elected Vice Chair Candace Andersen of Danville as Chairperson and Supervisor Burgis of Brentwood as Vice Chair after unanimously adopting new rules on election of new year officers.

Supervisors switched the election of Board officers from January to September because the reorganization “requires many weeks of advance planning.” In addition, “The early selection of officers of the Board of Supervisors would facilitate a seamless transition of leadership at the time of reorganization,” the board’s ordinance states.

Also, supervisors inserted a teleconference provision so supervisors who are absent or are attending a meeting elsewhere can attend or vote on crucial business items via teleconference.

In addition, supervisors modified their Disruption of Meeting Rule to read: “For the purpose of insure the orderly conduct of the Board of Supervisors meeting, no whistles, horns, drums, noise makers, megaphones, air horns, bullhorns, or other amplified devices are allowed inside the County Administration Building while the meeting is in session. If any meeting is willfully interrupted by a group or groups so that the orderly conduct of the meeting becomes infeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the Chair may order the meeting room cleared, as authorized by law (Gov. Code, 54957.9), recess the meeting, adjourn the meeting.”

There were no public comments for or against Ralph M. Brown Act changes proposed by the supervisors.

Approve 35-Home Alamo Subdivision

Seven years in the making, developers got the green light from supervisors to begin construction of the environmentally sensitive Ball Estates subdivision development in the Alamo area. Supervisors approved the development’s ordinance on a 5-0 vote.

The development on a former orchard of which 735 trees of 3,489 total trees are on the project site will have to be removed, to clear ground for the gated subdivision’s 35, single family custom houses.

There was no public comment concerning the development that had previously earned environmental impact report certification from the Contra Costa County Department Conservation and Development.

Approve $25 Million in Housing Bonds for Walnut Creek Development

Supervisors approved the issuance of $25 million in revenue bonds to the nonprofit affordable housing developer Bridge Housing to finance the acquisition, construction and rehabilitation of Coggins Square Apartments in Walnut Creek. Located at 1316 Las Juntas Way in an unincorporated area nearby Walnut Creek, the development consists of 87 multifamily rental housing units.

Bridge Housing is a participant in the county’s multi-family mortgage revenue bond financing program.