Contra Costa Herald

News Of By and For The People of Contra Costa County, California

Contra Costa DA candidate Knox challenges out-of-state funds from billionaire George Soros supporting incumbent, again

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The first Form 496 finance report by California Justice & Public Safety PAC submitted on May 14, 2022, showing over $200,000 in support for Diana Becton. Source: Netfile.com

D.C.-based California Justice & Public Safety PAC with major funding from Soros has reported more than $400,000 in spending to influence voters in the 2022 Contra Costa DA Race

Knox also benefits from out-of-county funds, but most are from within Contra Costa including $170,000 from Deputy Sheriff’s Association PAC

George Soros at the 47th Munich Security Conference 2011 crop (link) by Harald Dettenborn is licensed by creativecommons.org 3.0 de (link). Source: InfluenceWatch.org

By Allen D. Payton

Over $400,000 has been spent by the California Justice & Public Safety Political Action Committee based in Washington, D.C. to support Contra Costa County District Attorney Diana Becton’s re-election campaign. According to a Form 496 report filed on May 14 by the committee on the Netfile.com website, $206,700 in expenditures were made for “Digital Advertisement Production Supporting Diana Becton”. An additional $201,387.03 was spent by the independent expenditure committee according to another Form 496 report filed on May 14 on “Digital Advertisement Production Opposing Mary Knox”.  California Justice & Public Safety PAC Form 496 051422 #1   California Justice & Public Safety PAC Form 496 051422 #2

According to influencewatch.org, “California Justice & Public Safety PAC is a left-of-center PAC that was created in 2018 to fund the campaigns of progressive Democratic candidates for district attorney in several cities in California. The organization is the California branch of the vast ‘Safety and Justice’ network, a project of left-leaning billionaire George Soros that used a network of similarly named state-level PACs to finance the campaigns of progressive Democratic candidates for district attorney in more than a dozen of America’s cities.”

Contra Costa District Attorney Diana Becton from her 2022 re-election campaign website.

According to the Justice & Public Safety PAC website, the Soros-backed effort has been “winning races in 14 states over the last 6 years.” Also according to influencewatch.org, “Justice and Public Safety PAC is a left-of-center PAC that focuses on supporting the campaigns of progressive district attorneys in the Commonwealth of Virginia. [1] The PAC receives most of its funding from left-leaning billionaire George Soros and Democracy PAC, which also receives much of its funding from Soros. [2] It is one of several similarly-named PACs that receive substantial funding from Soros and contribute to the campaigns of progressive district attorneys across the U.S.”[3]

They include Becton both during her 2018 campaign, and now, this year’s. The progressive Democrat DA’s also include San Francisco’s Chesa Boudin and Los Angeles County’s George Gascon, both of whom are facing possible recalls. Becton formed a statewide organization with them and San Joaquin County DA Tori Verber Salazar, entitled Prosecutors Alliance of California.

Pages 1 and 2 of the second Form 496 finance report by California Justice & Public Safety PAC submitted on May 14, 2022, showing over $200,000 opposing Mary Knox. Source: Netfile.com

Knox’s Campaign Also Benefits from Out-of-County PAC Funds, But Most to Independent Committee from Within Contra Costa

Knox’s campaign was also the beneficiary of out-of-county political action committee funds, including $10,000 from the Oakland Police Officer’s Association PAC on May 5. According to the Netfile.com website a Form 496 was filed by the Contra Costans for Progress and Justice, a coalition of business, labor and people that care about public safety in support of Mary Knox for District Attorney 2022 showing $50,096 was spent on a “Mailer (Estimated Costs)” and showing the “Cumulative to date total $70,684.75” which the Oakland POA’s PAC helped pay for.  Contra Costans for Progress & Justice PAC Form 496 050322    Contra Costans for Progress & Justice PAC Form 496 050522 Contra Costans for Progress & Justice PAC Form 496 051922

Contra Costans for Progress & Justice PAC Form 496 p.3 submitted May 3, 20222 showing $130,000 in contributions to support Mary Knox’s campaign. Source: Netfile.com

However, according to a separate Form 496 report filed on May 3 by the independent expenditure committee most of their funds spent were from within Contra Costa County, including $170,000 from the Contra Costa County Deputy Sheriff’s Association Independent Expenditure PAC, $7,500 from Alves Ranch Property Holdings, LLC in Alamo, $10,000 from the Concord Police Association PAC, $3,000 from the Brentwood Police Officers Association PAC and $2,500 from the Walnut Creek Police Association PAC (WCPA PAC). Contributions of $500 each were received from the Moraga and Pleasant Hill Police Officers Associations PACS. A total of $3,600 in contributions included in that report were received from sources outside of the county. The report shows $20,588.75 was spent on digital ads to support Knox’s campaign.

The most recent Form 496 report filed on May 19 by the Contra Costans for Progress and Justice committee shows an additional $20,000 contribution from the Contra Costa Deputy Sheriff’s Association PAC, $20,000 from the Peace Officers Research Association of California PAC (PORAC PAC) Small Contributor Committee based in Sacramento and an additional $2,500 from two Contra Costa County residents. The report also shows an additional $29,316 was spent on a mailer and shows cumulative to date total expenditures of $100,000.70.

Contra Costans for Progress & Justice PAC Form 496 p.2 submitted May 3, 20222 showing $50,000 in contributions to support Mary Knox’s campaign. Source: Netfile.com

Questions for Becton Go Unanswered

Becton was asked for comment about the spending by the PAC and funds from Soros via email Friday morning, May 20. She was also asked if it is good to have so much out-of-county and out-of-state funds spent to influence an election in Contra Costa County. Becton did not respond.

Knox Issues Statement

Knox’s campaign issued the following this week:

In light of recently reported contributions from an out-of-state PAC funded by George Soros, Mary Knox, candidate for Contra Costa District Attorney released the following statement:

“An out-of-state billionaire is now spending hundreds of thousands of dollars in an attempt to influence voters and drown out the voices of local donors in the District Attorney’s race,” said Deputy District Attorney Knox. “Our grassroots campaign has deeply resonated with Contra Costa voters who want to see our DA focused on restoring safety and reducing crime. It’s clear that my campaign has made an impact that is now driving out-of-state spending in this race. I remain focused on ensuring our message reaches voters across our county.”

Knox has served as a prosecutor in the Contra Costa District Attorney’s office for 37 years and has extensive trial experience. Knox has earned the endorsement of every law enforcement agency in the County, as well as state and local organizations such as the California Correctional Peace Officers Association, PORAC, the California Narcotics Officers Association and the California Gang Investigators Association. Mary has advanced social justice while preventing crime in Contra Costa County. She brought anti-bias training to the District Attorney’s Office and has fought to end discrimination against women in the Contra Costa County’s District Attorney’s Office.

Mary Knox and the incumbent are the only candidates running for election as District Attorney. Since this election will be won by a simple majority, the election of the next District Attorney of Contra Costa County will be determined by the votes cast on June 7, 2022.

Deputy District Attorney Mary Knox. From her campaign Facebook page

About Mary Knox

Mary Knox has dedicated her life to making Contra Costa County safer. For more than 37 years, Mary has served as an experienced prosecutor and advocate for crime victims. As a lead prosecutor in the District Attorney’s office, Mary has won high profile cases against some of the most notorious criminals in Contra Costa County history. She worked to dismantle the criminal gangs who have preyed upon our most disadvantaged communities, and she has engaged in meaningful violence reduction by instituting effective strategies to reduce crime and prosecute violent criminals. To discourage freeway shootings, she secured $3.5 million for freeway security cameras. She brought in $3.5 million in federal funding to combat sex trafficking. And, after recent smash and grab robberies, Mary developed a three-point plan to hold organized crime syndicates accountable and prevent future crimes.

Born and raised in Walnut Creek, Mary Knox attended UCLA and then Pepperdine Law School.

During law school, Mary worked as a law clerk in the Los Angeles County District Attorney’s Office in the Sexual Assault Unit and in a second clerkship in the Juvenile Unit. Once Mary graduated from law school, she came home and has worked as a prosecutor in the Contra Costa County District Attorney’s for the past 37 years while raising her son, Darien, as a single mother.

Key Endorsements (for a complete list visit maryknox4da.com):

  • Crime Victims United
  • Police Officer Research Association of California (PORAC)
  • California Narcotic Officers’ Association (CNOA)
  • California Correctional Peace Officers Association
  • Central Coast Gang Investigators Association
  • National Latino Police Officer Association – Contra Costa County NLPOA Advocacy Chapter
  • Chinese American Political Association (CAPA) PAC
  • Contra Costa County Sheriff, David Livingston
  • Mitchell Celaya III, Calistoga Police Chief
  • Douglas Krathwal, Retired San Pablo Police Chief
  • Joseph Aida, Retired San Pablo Police Chief
  • Walt Schuld, Retired San Pablo Police Chief
  • John Moore, Retired Pleasant Hill Police Chief
  • Dan Lawrence, Retired Clayton Police Chief
  • Tom Holt, Former Police Lieutenant from the Contra Costa Community College District
  • Contra Costa County Deputy Sheriffs’ Association
  • Contra Costa District Attorney Investigators Association
  • El Cerrito Police Officer Association
  • Hercules Police Officer Association
  • Martinez Police Officer Association
  • Oakley Police Officer Association
  • Pinole Police Officer Association
  • Pittsburg Police Officer Association
  • Pleasant Hill Police Officer Association
  • San Ramon Police Officer Association
  • Antioch Police Officer Association
  • BART Police Officer Association
  • Brentwood Police Officer Association
  • Richmond Police Officer Association
  • San Pablo Police Employees’ Association
  • Clayton Police Officer Association
  • Concord Police Officer Association
  • East Bay Regional Parks Police Officer Association
  • Walnut Creek Police Officer Association

To learn more about incumbent DA Becton’s campaign, click here. The election is June 7.

DA files murder charge against homeless Concord man

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By Ted Asregadoo, PIO, Contra Costa County Office of the District Attorney

Martinez, CA – The Contra Costa District Attorney’s Office files a murder charge against a homeless man in Concord — plus an enhancement for intentionally firing a handgun that killed a Walnut Creek resident.

29-year-old Guadalupe Jose Robles is currently in the Martinez Detention Facility for the murder of 25-year-old Shafi Kevin Qasimi. Mr. Robles was unhoused and camped in a creek area near Diamond Boulevard and Willow Pass Road in Concord when the incident occurred.

On May 5th, 2022, Robles got into an altercation with Qasimi — who went by the nickname, “Active.” Robles believed that Qasimi used Bear spray on Robles’ friend earlier that day and threatened to do the same to Robles during the argument. At one point, Qasimi walked away from Robles’s campsite, while Robles and two others followed him.

Robles was handed a small handgun — which has not been recovered — and he fired one shot that hit Qasimi in the head, killing him. Robles and others used a stolen vehicle to move Qasimi’s body from Concord to Oakland in the Grizzly Peak area — where it was eventually found by Oakland Police on May 12th after receiving a 911 call from an individual who was sightseeing with his family.

Robles was arraigned yesterday in Martinez. Docket Number: 01-22-00577.

According to localcrimenews.com, Robles has a list of arrests dating back to 2015.

Allen D. Payton contributed to this report.

Defrocked Oakland priest charged in fatal crash that killed Rossmoor man

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Also injured man’s wife

By Ted Asregadoo, Public Information Officer, Contra Costa County District Attorney

Martinez, Calif. – A defrocked Catholic priest who has been residing in Rossmoor since 2010 has been charged by the Contra Costa District Attorney on counts of gross vehicular manslaughter while intoxicated, driving under the influence of alcohol, and special allegations for prior felonies.

Walnut Creek Police say 75-year-old Stephen Miller Kiesle [KEEZ-lee] was driving in Rossmoor on the night of April 16, 2022, when he struck 64-year-old Curtis Gunn and his wife Laurelyn on a sidewalk. The couple was walking near their home on Tice Creek Drive near Fairlawn Court around 9:15 pm when Mrs. Gunn said a vehicle veered onto the sidewalk, striking her husband while sideswiping her. Mr. Gunn was later pronounced dead later at John Muir Medical Center in Walnut Creek. Mrs. Gunn suffered minor injuries.

Kiesle, who has a lengthy criminal history, is being held in the Martinez Detention Facility on a $600,000 bail. He was at the center of sexual abuse allegations when he was an Oakland Diocese priest in the 1970s and ‘80s and was removed as a member of the clergy in 1987 by Cardinal Joseph Ratzinger — who later became Pope Benedict XVI.

In 2002, the Contra Costa District Attorney’s Office charged Kiesle with 13 counts of child molestation from the ‘70s. In 2004, he was sentenced to six years for molestation charges involving a girl in Truckee, CA. He registered as a sex offender after serving prison time and moved to Rossmoor in 2010.

Kiesle was arraigned on April 21, 2022, at 1:35 pm in Martinez.

Court Docket Number: 202204200007

Full list of charges: PC191.5(a) – Gross Vehicular Manslaughter While Intoxicated; VC23153(a) – Driving Under The Influence Of An Alcoholic Beverage Causing Injury PC12022.7(a) – Special Allegation-Great Bodily Injury; VC23153(b) – Driving With A .08% Blood Alcohol Content Causing Injury PC12022.7(a) – Special Allegation-Great Bodily Injury; PC1170.12 – Special Allegation – Serious or Violent Felony Prior (STRIKE Prior) – ONE PRIOR PER ALLEGATION PC667(a)(1) – Special Allegation-Cal Prior-Serious Felony (Form 2) ONE ALLEGATION PER SEPARATE PRIOR

San Pablo dental assistant arrested, charged with sexual acts on a child under 10

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By Ted Asregadoo, PIO, Office of the District Attorney, Contra Costa County

Martinez, Calif. – San Pablo Police have arrested, and the Contra Costa District Attorney’s Office charged, a dental assistant with four counts of sexual acts with a child under 10-years-old.

The suspect is 22-year-old Bonerge Maldonado-Zaldana from Richmond. He worked at the San Pablo Towne Centre Dental Office where the action with a minor allegedly took place on April 5, 2022. Investigators collected evidence and took statements from the victim’s mother, dental office staff, and the suspect on April 6th and determined there was probable cause to arrest Maldonado-Zaldana on April 8th.

The Contra Costa District Attorney’s Office filed charged against the suspect April 8th, who is currently in the Martinez Detention Facility. His arraignment is Monday, April 11, 2022, at 1:30 pm in Martinez.

In addition to working at the San Pablo Towne Centre Dental Office Maldonado-Zaldana was formerly employed with Western Dental in El Cerrito. If anyone has further information relating to this investigation, please call Detective Ricky Vasquez at San Pablo Police Department (510) 215-3286.

Court Docket Number: 02-22-00057

Female Richmond biology teacher charged with molesting 7 boys

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By Ted Asregadoo, PIO, Office of the District Attorney, Contra Costa County

Anessa Paige Gower. Photo: Richmond PD

Martinez, Calif. – A former Richmond school teacher is facing multiple charges of child molestation. The Contra Costa District Attorney’s Office filed 29 counts against Anessa Paige Gower on April 8, 2022, in Contra Costa County Superior Court. Gower was a biology teacher at Making Waves Academy in Richmond and allegedly engaged in numerous acts of a sexual nature with minors between 2021-2022.

Richmond Police, with assistance from the Sacramento County Sheriff’s Office, arrested Gower at Sacramento International Airport on April 6, 2022, as she was returning to California from Hawaii. She is currently in custody in Richmond.

The case involves seven minors, so their identities are being withheld.

Investigators took statements from the victims and witnesses about a number of incidents involving sex acts with minors, inappropriate touching, and sharing sexually graphic photos over online platforms.

The Richmond Police Department posted the following message on their Facebook page Friday evening:

“Today, the Contra Costa County District Attorney’s Office formally charged a Richmond teacher with 29 counts of sex crimes against minors. This was an excellent collaborative effort by multiple agencies, including extensive follow-up by Richmond PD officers and detectives, our allied agencies, and our prosecutors’ office.

We are grateful for our ongoing partnership, working together to prevent further victimization of our community’s most vulnerable population – our children.”

Court Docket Number: 202204080002

Antioch Mayor Thorpe admits to private meeting with DA Becton, interim city manager

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Antioch Mayor Thorpe and Contra Costa County District Attorney Diana Becton.

Three days after Thorpe’s DUI arrest and while under investigation by DA’s office

Says Becton asked them to cooperate with investigation of APD, won’t say how he’s helping

By Allen D. Payton

During a press conference, Wednesday morning, April 4, 2022 on Antioch Police Department staffing, hiring incentives and the investigation of officers by the FBI and Contra Costa D.A.’s office, Mayor Lamar Thorpe confirmed what had been previously reported, of a private meeting that he had with Contra Costa District Attorney Diana Becton on Tuesday, March 22, the day before the investigation occurred. He said Interim Antioch City Manager Con Johnson was also in attendance. The meeting was held just three days following Thorpe’s arrest for DUI and while he was under investigation by her department. (See related article)

Thorpe said the meeting was held by Becton to request his and Johnson’s cooperation in the investigation and they were to “keep confidentiality as this was an ongoing investigation”. Asked if the information he had received as one of the five council members was shared with all of the other four, Thorpe replied, “no, because the district attorney said to keep this confidential between myself and the city manager, because they were soliciting our help in the investigation.” (See related article)

Asked how he as a civilian was helping the investigation, Thorpe replied, “I’m not going to get into that.” He later said, “Let me just clarify something. I was asked to be down there as the mayor of Antioch. So, beyond that I’m not going to answer how or what.”

Two North Richmond “Swerve Team” gang members found guilty of murders, other violent crimes

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Marrico Williams (left) and Torion Young. Photos by Richmond PD

Third defendant guilty of lesser crime

By Ted Asregadoo, Public Information Officer, Contra Costa County Distict Attorney

On Wednesday, March 30, 2022, a Contra Costa County jury found defendants 24-year-old Marrico Williams and 23-year-old Torion Young, guilty of multiple charges for their roles in a prolific crime spree committed by members of the North Richmond criminal street gang known as the “Swerve Team.”

Williams was found guilty of two counts of murder, conspiracy to commit murder, three attempted murders, three assaults with a firearm, nine robberies, three burglaries, two carjackings, along with various firearm and injury enhancements.

Young was found guilty of two counts of murder, conspiracy to commit murder, four attempted, one assault with a firearm, one residential burglary, along with various enhancements.

The jury convicted 26-year-old defendant Cardell Waters of conspiracy to possess an illegal firearm — but was unable to reach a verdict on the remaining counts.

In 2016, over a six-month period, members of the Swerve Team committed a string of violent crimes against rival gang members and innocent community members throughout Contra Costa County. The crime spree ended on September 30, 2016, when Williams and fellow Swerve Team gang members were arrested following a high-speed chase through multiple cities, which ended in San Pablo.

Police searched the vehicle driven by Williams and found evidence from cell phones and camera images. Williams, Young, Waters, and five other Swerve Team gang members were indicted in 2017 by a grand jury following a massive federal and state investigation centering on multiple shootings, including three homicides. The trial against the defendants was based on ballistic evidence, cellular records, and forensic evidence, along with the testimony of 185 witnesses.

The sentencing will be heard later this year before the Honorable Judge Charles “Ben” Burch in Martinez. Williams and Young face multiple 25 to life prison sentences. The remaining case against Waters is scheduled for a future court date. A determination has yet to be made as to whether Waters will be retried.

This case was investigated by numerous law enforcement agencies throughout the county including Police Departments in Richmond, Antioch, Brentwood, Pittsburg, Danville, Pinole, San Pablo, Contra Costa County Sheriff’s Department, along with several out of county agencies. The Contra Costa County FBI Safe Streets Task Force also participated in the wire investigation into the Swerve Team in September of 2016. Deputy District Attorney Chad Mahalich prosecuted this case on behalf of the People.

This extensive jury trial lasted approximately 8 months, beginning in August of 2021, and ended on March 30, 2022.

Case information: People v. B. Williams, M. Williams, T. Brown, J. Hicks Jr., T. Young, R. Fluker, T. Woods, and C. Waters: 5-181436-7.

Contra Costa DA Becton holds private meeting in her office with Antioch Mayor Thorpe three days after his DUI arrest

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Contra Costa County District Attorney Diana Becton and Antioch Mayor Thorpe.

While DA’s office investigating incident; city attorney or interim city manager may have been present; topic of discussion not revealed

By Allen D. Payton

Three days after Antioch Mayor Lamar Thorpe was arrested for DUI and while the Contra Costa District Attorney’s Office was investigating the incident, on Tuesday, March 22, 2022, he held a private meeting with D.A. Diana Becton in her office in Martinez, according to reports of what was seen on her visitor sign-in log. Neither Becton, her staff nor Thorpe will say what the meeting was about or if anyone else, such as the city attorney or interim city manager, was in the room with them. Becton is running for re-election in the June Primary and Thorpe is facing possible recall. (See related article)

A Public Records Act request for a copy of the visitor sign-in log for Becton’s office for that day was emailed on Friday, March 25 at 3:55 p.m. to Assistant D.A. Simon O’Connell and Becton’s Executive Assistant Bobbi Mauler.

Questions for Becton About Meeting Go Unanswered

In addition, questions for Becton about the meeting were included in that email asking, “What was the purpose of that meeting? What was discussed? Did it have anything to do with Thorpe’s arrest for DUI by the CHP last Saturday morning? Was anyone else in the meeting with you two?”

It was then shared with Becton and her staff, “according to the CHP PIO you will not allow that department to release Thorpe’s complete arrest report showing the reason the officer pulled him over or what his blood alcohol content was when he was tested at the CHP office in Martinez.”

She was then asked, “was it appropriate for you to have such a meeting – even if his arrest was not a topic of conversation – when his arrest is under investigation by your department?”

At 4:09 p.m., that day O’Connell issued a press release about the investigation of the Antioch and Pittsburg Police Departments for possible “crimes of moral turpitude”. (See related article)

Questions for Thorpe Go Unanswered

In an email on Friday, March 25, Thorpe was asked, “What was the purpose of that meeting? When did you first schedule the meeting with the DA? What was discussed?  Did it have anything to do with your arrest for DUI by the CHP last Saturday morning? Was anyone else in the meeting with you two?”

He was then told, “according to the CHP PIO the DA’s office will not allow the CHP to release your complete arrest report showing the reason the officer pulled you over or what your blood alcohol content was when you were tested at the CHP office in Martinez.”

Thorpe was also asked, “was it appropriate for you to have such a meeting – even if your arrest was not a topic of conversation – while your arrest is under investigation by the Contra Costa District Attorney’s office? Were you seeking favorable treatment from the DA in dealing with your arrest? Might it give the appearance that you were seeking a favor from the DA who is up for election, this year and while you are facing possible recall?”

He was then asked if instead, was the meeting in regard to the press release issued by the DA’s office received, that day and if he had filed a complaint about that the allegations against the Antioch Police officers with the DA’s office during that meeting.

Thorpe did not respond as of Wednesday, March 30 at 5:00 p.m.

DA Refuses to Confirm Meeting, Claims Privilege in Not Releasing Visitor Log, Won’t Reveal Topic of Discussion or If Anyone else Present

In response to the PRA request to the D.A.’s office for a copy of the visitor log, Assistant D.A. Simon O’Connell wrote in a letter on Tuesday, March 29, “Records that contain information protected by the deliberative process privilege and the official information privilege, are exempt from disclosure. (Gov. Code, section 6254(a), (k); Evid Code, section 1040; Rogers v. Superior Court (1993) 19 Cal.App.4th 469.) In accordance case precedent, the release of visitor logs would inihibit the free and candid exchange of ideas necessary to the decision-making process. (Times Mirror Co (1988) 53 Cal.3. 1325.) There is a compelling public interest in enabling public agencies to evaluate and candidly communicate in confidence. Public disclosure of such information interferes with the District Attorney’s Office ability to meaningfully deliberate and perform core functions. For these reasons, the public interest in nondisclosure of this information clearly outweighs the public interest in disclosure.”

In response, additional questions were sent Tuesday afternoon to both O’Connell and Mauler, including, “Confirming that a meeting was held by the DA in her office with an elected official who is currently under investigation for a DUI arrest just three days prior is not of public interest? Is the visitor log a public document? If not, what’s the purpose of having one? Can you please at least confirm if a meeting was held by DA Becton in her office with Antioch Mayor Lamar Thorpe and if anyone else was in the meeting with them, and if so, who that was?”

No response was received as of Wednesday, March 30 at 5:00 p.m.

Mayor Pro Tem Barbanica Says He Should Have Been in Meeting Instead of Thorpe

When reached for comment about the meeting, Antioch Mayor Pro Tem Mike Barbanica said, “I don’t know anything about the meeting. But if there was one and if it was regarding the investigation of the Antioch Police Department and the mayor had asked for me to go in his place, I would have and I should have been there instead. I did not receive any calls about it.”

Please check back later for any updates to this report.

Contra Costa Public Defender wants names of Pittsburg, Antioch officers under investigation by DA

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McDonnell issues statement about investigation, wants to conduct own review of cases; Becton hasn’t responded

By Allen D. Payton

In a letter to Contra Costa District Attorney Diana Becton on Monday, Contra Costa Public Defender Ellen McDonnell asked for the names of the Antioch and Pittsburg Police officers who are the subjects of an investigation into possible crimes of moral turpitude. The DA’s office announced last Friday the investigation which began last Wednesday and “a review of both active and closed cases involving these officers…to evaluate whether those cases are now compromised.” (See related article)

McDonnell is also asking for all the current, pending cases the involving the officers so her office can conduct a separate review. As of 5:00 p.m. Tuesday, McDonnell said she had not received a response from Becton.

“To date, I have not been provided with any information about what this investigation of the officers is about,” McDonnell later shared.

Following is the letter:

“March 28, 2022

Diana Becton

Office of the District Attorney

900 Ward Street

Martinez, CA 94553

Dear Diana,

In light of the recent media disclosures regarding conduct involving moral turpitude on the part of officers from Pittsburg and Antioch Police Departments, I am requesting that you identify all officers from those departments currently under investigation by your office. We believe that such a disclosure is mandated by the United States Constitution, XIVth Amendment, Brady v. Maryland (1963) 373 U.S. 83 & progeny, and California case law.

I am also asking that you identify all cases currently pending that include any of the involved officers, as well as all previous cases involving those officers. Please provide us with a list of such cases in which the client is or was represented by the Office of the Public Defender or the Office of the Alternate Defender.

While we understand from your press release that you intend to conduct an internal review of affected cases, we respectfully request that you identify those officers so that we can conduct our own review according to our own practices.

Thank you in advance for your assistance and cooperation with this matter. If you have any questions about this request, please let me know.

Sincerely,

Ellen McDonnell

Public Defender Contra Costa County”

————————–

According to supreme.justia.com, in the case McDonnell cited, the court found, “The government’s withholding of evidence that is material to the determination of either guilt or punishment of a criminal defendant violates the defendant’s constitutional right to due process.”

McDonnell Issues Statement About Investigation

The Public Defender issued the following statement Tuesday evening:

“I am deeply concerned about these revelations.  Our office first heard about this investigation when the District Attorney’s Office issued a press release on March 25th.  We immediately requested that the names of any involved officers be released to our office so that we could begin the process of reviewing impacted cases and determining what role these officers played in any arrests or convictions.  Timely transparency is necessary to ensure due process of law and the fair administration of justice for our community and for those impacted by our criminal legal system, some of whom may be currently incarcerated based on the word of these officers.

This investigation into the conduct of officers from both the Pittsburg and Antioch Police Departments will potentially impact many hundreds of cases.  This includes not only current cases where these officers are witnesses, but also previous arrests and convictions involving these officers.  It is important to determine whether these officers were under investigation and suspected of committing crimes of moral turpitude while they continued to remain on the force and continued to arrest individuals, to author police reports, and to testify as witnesses in criminal court.”

FBI, Contra Costa DA’s Office investigating possible “crimes of moral turpitude” in Pittsburg, Antioch Police Departments

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“conduct that shocks the public conscience, or which does not fall within the moral standards held by the community” – LegalDictionary.com

Will evaluate if cases involving officers are now compromised

UPDATE: Pittsburg PD issues statement, 3 officers placed on paid leave

By Allen D. Payton

Late Friday afternoon, the Contra Costa County District Attorney’s Office announced that on Wednesday, March 23, 2022, the FBI and the DA’s Office conducted court-authorized law enforcement activity at multiple locations. The criminal investigation pertains to sworn law enforcement officers from the Antioch Police Department and Pittsburg Police Department.

The broad range of offenses under investigation involve crimes of moral turpitude. A review of both active and closed cases involving these officers will be necessary to evaluate whether those cases are now compromised. Due to the ongoing nature of the investigation, no additional details will be released at this time.

The involved police departments and cities have cooperated with the investigation to ensure minimal disruption to their respective communities. The District Attorney’s Office will continue to work in conjunction with federal authorities along with the cities of Antioch and Pittsburg to ensure public trust and public safety.

According to LegalDictionary.com moral turpitude means, “Conduct that is believed to be contrary to community standards of honesty, good morals, or justice.” In addition, that website reads, “Moral turpitude is a legal concept that refers to any conduct that is believed to be contrary to the community standards of honesty, justice, or good moral values. While there is no one exact definition of acts that are considered under moral turpitude, they are typically described as any acts of vileness or depravity, or of sexual immorality, whether in a private or social context.  The word turpitude is defined as a shameful, vile, or corrupt character or acts. Moral turpitude refers to conduct that shocks the public conscience, or which does not fall within the moral standards held by the community. The law concerning moral turpitude is constantly changing and evolving, as the moral standards of society in general change.”

UPDATE: Pittsburg PD Places 3 Officers on Paid Leave

The Pittsburg PD issued the following statement on their social media accounts early Friday evening:

“The Pittsburg Police Department is aware of a joint criminal investigation being conducted by the Contra Costa County District Attorney’s Office along with the FBI. The investigation involves several local police officers, including three current Pittsburg Police Officers. Anytime there is any allegation of criminal misconduct, that is something our organization takes extremely seriously.

In September of 2021, the department received information that a Pittsburg Officer was involved in illegal activity. The tip also indicated that other law enforcement officers were involved, but did not go into further details. When we learned of the allegations, we immediately contacted the District Attorney’s Office and asked them to conduct an independent criminal investigation.

This past Wednesday, the FBI and the District Attorney’s Office met with three current Pittsburg Police Officers as part of this investigation. After the meetings, all three Pittsburg Police Officers were placed on paid administrative leave. This is still an active criminal investigation being conducted by two outside law enforcement agencies, so we do not have further details into the alleged misconduct. The Pittsburg Police Department will continue to cooperate with the DA’s Office and the FBI. We will also be conducting our own internal investigation that will be completed by an independent, outside investigator.

Please know that the women and men at our Department remain committed to serving our community. Any officer who has violated their oath of office by engaging in illegal or unethical conduct will be held accountable.”

No Response from City of Antioch, Yet

A copy of the DA’s release was sent, Friday at 4:36 p.m., to Interim Antioch Police Chief Tony Morefield, copying Captain Trevor Schnitzius asking if they can provide any information about the investigation. Morefield said any inquiries about the matter must be made to the City of Antioch public information officer (PIO).

An email was then sent to Antioch’s PIO Rolando Bonilla after business hours on Friday asking for the response from the city.

A question was also sent to Assistant DA Simon O’Connell after hours Friday asking for his office’s legal definition of “crimes of moral turpitude”.

Please check back later for any updates to this report.