Contra Costa Herald

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

Contra Costa DA’s Office, U.S. Department of Labor announce partnership to combat wage theft

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By Ted Asregadoo, Public Information Officer, Contra Costa District Attorney’s Office

On June 17th, 2022, Contra Costa District Attorney Diana Becton and U.S. Department of Labor Assistant District Director for San Jose Alberto Raymond formalize a partnership to combat wage theft and protect workers’ rights.

Both agencies commemorate the agreement by signing a Memorandum of Understanding (MOU) at the District Attorney’s Office in Martinez. The MOU means the DA’s Office will be devoting resources to prosecute criminal wage theft cases to curtail labor trafficking, unfair business practices, payroll tax evasion, and wage and hour violations. To do this, District Attorney Becton will create a Workplace Justice Unit that’s committed to a fair and equitable workplace.

Becton noted, “While the DA’s Office and the Department of Labor have had an informal relationship on human labor trafficking and wage theft cases since 2014, this Memorandum of Understanding marks the start of a formal five-year partnership to continue our efforts to seek justice for victims of crime.”

Wage theft affects victims in various ways – and at all income levels. Some workers are denied overtime or are paid less than the minimum wage per hour. Some employers also refuse to pay bonuses, vacation pay, or reimbursement of business expenses. According to investigations by the DOL’s Wage and Hour Division in 2021, U.S. workers were denied over 230-million dollars in back pay.1

“Cooperation between federal and local agencies is critical in the fight against all forms of wage theft here in Contra Costa County and elsewhere in the country,” Assistant District Director Raymond said. “The formal renewal of this longstanding partnership highlights our determination and commitment to combat wage theft and to hold their perpetrators accountable to the fullest extent of the law.”

Wage theft is a felony punishable by up to three years in jail. Employers caught stealing from their employees may be personally liable for unpaid wages and face criminal asset forfeiture actions.2

In addition to investigating and prosecuting cases, both agencies will conduct community outreach programs to inform the public about reporting wage theft — as well as provide resources for employers to help them follow labor and payroll tax laws.

If you are a victim of wage theft, call 1-866-4-USWAGE or contact the Contra Costa County District Attorney’s Office at: DA-ReportFraud@contracostada.org.

1 U.S. Department of Labor Wage and Labor Division (FY 2021) data found a total of $234,280,603.96 in back pay was owed to workers.

2 Pursuant to PC section 186.11

Contra Costa voters re-elect Sheriff Livingston, DA Becton, Assessor Kramer

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Results for the Contra Costa DA and Sheriff’s races as of early Wednesday, June 8, 2022, showing Becton and Livingston winning. Source: CoCoVote.us

One billionaire Soros-backed progressive DA wins, two other progressive DA’s lose in the state Tuesday night; in County Clerk’s race it’s Connelly vs. Gordon; Pleasant Hill Councilman Carlson, BART Director Allen leading in 4th Supe District race; only 18% turnout; ballots mailed by election day can still be received until next Tuesday

Sheriff Livingston checks the voting results at the DSA Election Night Watch Party Tuesday, June 7, 2022. Photo: Allen D. Payton

By Allen D. Payton

Following an election season filled with attacks, accusations and over $1 million spent in the Contra Costa District Attorney’s race, the incumbents, Sheriff David Livingston and DA Diana Becton, along with County Assessor Gus Kramer were each re-elected by wide margins, Tuesday night. They were the only countywide incumbents facing challengers, this year in an election that only saw a 17.95% voter turnout, so far. Incumbent county Treasurer-Tax Collector Russell Watts, Auditor-Controller Robert Campbell and County Superintendent of Schools Lynn Mackey were re-elected without facing opposition.

In the only other contested countywide race, for County Clerk-Recorder, Kristin Connelly will face former Community College Board Trustee Vicki Gordon in a November run-off. In the races for county supervisor, District 1 incumbent, John Gioia was re-elected easily beating his opponent, Hulan Barnett, Jr. 15,018 votes to 2,800, and in District 4, Pleasant Hill Councilman Ken Carlson who and BART Board Director Debora Allen are leading. Allen was trailing Concord Councilwoman Carlyn Obringer by 211 votes until late in the evening, when she pulled into second place by 389 votes. Carlson is leading Allen by 569 votes. The top two candidates will face off in the November run-off.

When reached for comment Allen said, “I’m not declaring victory at this point because there are still ballots to count.”

In a prepared statement she later added, “All the candidates for District 4 supervisor should be congratulated for clearly articulating their positions to voters and running strong campaigns. It was a diverse field of candidates, and I am truly honored for the support I received from the voters.

At this time, I am among the top two vote-earners, but the count has not been finalized and my lead over the third-place candidate is narrow. While it seems likely I will remain in the top two and will move on to the November runoff, I am reserving any further announcements until final votes are confirmed by the County Elections office.

I look forward to a fall election focused on solutions to the most prevailing issues facing our communities, which include public safety, affordable housing, and effective, mental health services.”

In the biggest battle in the county, Becton was re-elected to her second, full, four-year term beating Deputy District Attorney Mary Knox, a 37-year prosecutor, by 56% to 44% with 63,147 votes against 49,599 for Knox.

Sheriff Livingston and Deputy District Attorney Mary Knox with former Martinez Councilman Mike Menesini and another supporter at the DSA Election Night Watch Party, Tuesday, June 7, 2022. Photo: Allen D. Payton

The same night a Soros-backed, progressive district attorney was re-elected in Contra Costa, another progressive D.A. in San Francisco, Chesa Boudin was recalled by voters in that city and county who had enough with his policies. Becton and Boudin have been part of the Prosecutors Alliance of California, along with L.A. County D.A. George Gascon who is also facing a possible recall, and San Joaquin County D.A. Tori Verber Salazar, who was losing for re-election according to the San Joaquin County Registrar of Voters website as of Wednesday.

In the other hard fought countywide race, Livingston was re-elected to his fourth term as sheriff beating Richmond Police Officer Ben Therriault by an even wider margin, 61.2% to 38.8% with 67,906 votes to 43,125 for the challenger.

Attempts to reach Livingston and Becton for comment about their victories were unsuccessful prior to publication time.

County Assessor Kramer eased to another victory for his eighth term, beating his only opponent Floy Andrews by 57.6% to 42.4% with 63,164 votes to 46,456 for the challenger.

When reached for comment Kramer said, “I am on bended knee thanking the voters for seeing through the garbage in the East Bay Times, having faith in me and re-electing me for another four years. The citizens have spoken, the people for whom I serve. This is not a victory for me but for the property owners in the county.”

Livingston, Knox and Kramer attended the Election Night Watch Party at the Deputy Sheriffs’ Association Hall in Martinez, waiting for the updates and speaking with their supporters.

In the Clerk-Recorder’s race, Connelly is in first place with 34,049 votes, Gordon is in second with 24,152 votes and is ahead of Pinole Councilman Devin Murphy by 3,781 votes.

Contra Costa County Assessor Gus Kramer celebrates his re-election with supporters at the DSA Election Night Watch Party, Tuesday, June 7, 2022. Photo: Allen D. Payton

Asked for a comment on the election results Gordon said, “The first thing I want to say is to thank all my supporters, people who donated and walked. I want to thank everyone for their support, it was grassroots effort. My husband and family were also amazing.”

“I am honored to move on to November,” she added.

The countywide Measure G which continues the $2 per car fee to pay for picking up abandoned vehicles and required a two-thirds vote is passing with 68.7% of the vote, with 79,126 in favor to 35,978 opposed.

The only other measure on the ballot was in Martinez. Measure F, also requiring a two-thirds vote to pass, is barely failing with 65.9%. If passed, the measure would add a $79 annual parcel tax for the next 30 years to preserve open space and a ridgeline, allowing the City of Martinez to purchase the 297-acre Alhambra Highlands.

The Contra Costa Elections Division can still receive ballots that were mailed by Tuesday for up to seven days after the election, according to executive secretary, Melissa Hickok, who said she read it straight from the Secretary of State’s website. They have up to 28 days to certify the election.

This year, voters who went to the polls didn’t put their own ballots into the counting machines, as has been done in the past.

“Contra Costa County has returned to a central count, instead of having hundreds of counters at all the polling places, we bring all the ballots back and run them through the high-speed scanners at the Elections Office,” Hickok explained.

That resulted in updates of the results on election night to take longer than in the past.

The next update is expected this Friday, June 10 at 5:00 p.m. For more information visit CoCoVote.us.

Billionaire Soros, special interests dump $1 million into Contra Costa DA’s race to support Becton, defeat Knox

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From pages 1 and 3 of the CA Justice & Public Safety PAC 496 report dated May 28, 2022, showing the $489,200 spent against Knox and $652,000 contributed by Soros. Source: Netfile.com

Including $510,000 more in attack ads against Knox; Soros contributes $652,000

“This money will not drown out the voices of the hundreds of volunteers and thousands of local donors who have worked tirelessly side-by-side with me over the past 11 months to spread our campaign’s message…” – Deputy D.A. Mary Knox

By Allen D. Payton

The Washington, D.C.-based PAC funded by billionaire George Soros has received another $1 million more to help re-elect incumbent Contra Costa D.A. Diana Becton and defeat her challenger, Deputy D.A. Mary Knox. According to two campaign finance reports on Netfile.com submitted by the California Justice & Public Safety PAC date May 28, Soros contributed $652,000, the Smart Justice California Action Fund contributed $300,000 and M. Quinn Delaney of Piedmont contributed $50,000.

According to their website, Smart Justice California is “an alliance of donors and funders…helping to change the belief that prosecutors must be incarceration-driven by engaging voters and establishing a statewide candidate pipeline of justice reform champions.”

The report lists Delaney as retired. But according to the organization’s website, she “is the Founder and Board Chair of Akonadi Foundation, which supports the development of powerful social change movements to eliminate structural racism and create a racially just society. The Foundation funds primarily in Oakland with a focus on ending the criminalization of people of color.”

6/2/22 UPDATE & CORRECTION: That brings the total received by the PAC to $1,002,000 in the race, so far. (See related article)

It was previously reported that the $1 million in contributions was in addition to over $400,000 previously spent according to the PAC’s Form 496 reports dated May 14 for a total of more than $1.4 million in contributions. However, according to Alex Navarro-Mckay of New York-based Berlin Rosen campaigns said, “when the $400,000 was spent the PAC was incurring liabilities.” Asked when the ads started running, he responded, “right around there. May 13 or 14.”

That means the PAC spent over $400,000 on negative, digital attack ads against Knox before the funds were received on May 17, 26 and 27. Most media companies require political campaigns to pay in advance.

Of the latest amount received, almost $500,000 was spent on negative attack ads against Knox and another $10,050 was spent for digital ads against her. The PAC only spent $34,900 on digital ads to support Becton.

In response to those contributions and expenditures to defeat her, Knox released the following statement:

“An out-of-state billionaire along with special interest groups have now dropped an unprecedented $1M to defeat my campaign and influence voters for District Attorney in this local election.  Contra Costa voters will determine the outcome of this election and the future of public safety in Contra Costa County. This money will not drown out the voices of the hundreds of volunteers and thousands of local donors who have worked tirelessly side-by-side with me over the past 11 months to spread our campaign’s message”, said Knox. “I have served this community for 37 years as a prosecutor. The bottom line is this. People in our community want to feel safe in their neighborhoods. Every day I talk to voters who are frustrated with D.A. Becton and want to see their District Attorney focused on public safety and crime reduction.”

As previously reported, Becton was 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, but she did not respond. Becton was also the beneficiary of spending by Soros during her first election campaign in 2018. (See related article)

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.

Knox and Becton are the only candidates running for election as DA.  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.

Ordained Baptist minister, DA Becton rallies for abortion rights, touts Planned Parenthood endorsement

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Becton speaking at pro-Roe v Wade rally on the county courthouse steps on Saturday, May 14, 2022. Source: Becton’s campaign Facebook page.

County school board member Avila Farias calls Herald readers “white supremacist cult followers”

By Allen D. Payton

DA Becton with Assemblymember Rebecca Bauer-Kahan and two other attendees at the May 14 rally. Source: Becton campaign Facebook page.

District Attorney Diana Becton spoke at a rally on the county courthouse steps on last week in support of the U.S. Supreme Court’s Roe v. Wade decision legalizing abortions nationwide and touted her endorsement by Planned Parenthood.

In a post on her campaign Facebook page that day Becton wrote, “It was an honor to speak at the rally to kick off the day. Access to safe abortions is a public safety issue. I will always, proudly, stand by our right to privacy and our right to choose!

This morning we gathered at the Martinez Courthouse steps to rally in support of Roe vs Wade. Over 100 Contra Costan’s rallied and then got on buses to go rally in Sacramento or walk out neighborhoods in support of pro-choice candidates.

Assemblymember Rebecca Bauer-Kahan said it best today, if we are going to protect our right to choose we have to elect pro choice candidates up and down the ballot. I’m proud to be the only candidate running for Contra Costa District Attorney that is endorsed by Planned Parenthood.”

Becton, an ordained Baptist minister who preaches in her and her husband’s church and has the title of “reverend”, was asked the following questions about her position on abortion and endorsement by Planned Parenthood:

“As a Baptist minister, someone who claims to be a Christian and as an African American how can you support abortion and Planned Parenthood, which was both founded in racist eugenics and continues to target Black and Hispanic communities, today by locating most of their facilities in their neighborhoods and aborting more of their unborn babies combined, than white babies, following the original mission of Margaret Sanger to keep their populations down? Why would you want the endorsement of an organization like that?”

In addition, she was asked, “how can you justify your position with what is written in the Bible in both Jeremiah 1, ‘Before I formed you in the womb I knew you, before you were born I set you apart’ and in Psalm 139, ‘For you formed my inward parts; you knitted me together in my mother’s womb’?”

Instead of responding to the emailed questions, on Friday, May 20 Becton posted the following on her campaign’s Facebook page and Twitter feed:

“In the spirit of transparency, I am sharing the questions I received today from the so-called ‘press’ outlet @antiochheraldca & @cocoherald.

For the record, I’m proud to be the ONLY candidate running for Contra Costa District Attorney that is endorsed by @PPact.

A woman’s right to choose is fundamental. It is non negotiable. A woman’s power — her constitutional right to make choices about her personal health care —  is a matter of public safety every day and every hour, and it must be protected. #BansOffOurBodies”.

Anamarie Avila Farias’ comment on Becton’s campaign Facebook page.

County School Board Trustee Avila Farias calls Herald readers “white supremacist cult followers”

In a comment on the post on Becton’s campaign Facebook page, Contra Costa County Board of education Trustee for Area 3, Anamarie Avila Farias

She wrote, “Pro Choice -Catholic Mexican Mama here, the hope I have for my daughter, and all of our children, is that they grow up with the freedom to determine their own course in life and that starts with their own reproductive freedom. Thank you DA Becton of occupying various spaces of justice!”

Avila Farias then took a nasty, baseless swipe at this reporter and the readers of the Herald writing, “Allen Payton and all his white supremacist cult followers spew nothing but discrimination, machismo, and cultural stereotypes which are largely responsible for the barriers Latinas and people of color face in accessing proper healthcare, especially around reproductive rights.

We all know what to do Co Co County – Re- Elect Diana Becton! The Prosecutor office must reflect the communities they serve and the changing demographics!”

The election is June 7 in which Becton is facing a challenge from Deputy District Attorney Mary Knox.

DA candidate Knox challenged Becton’s failure to act on Antioch mayor’s DUI one day before press release issued about April 1 charges

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Deputy D.A. Mary Knox, Antioch Mayor Lamar Thorpe and D.A. Diana Becton.

Antioch Mayor Lamar Thorpe has endorsed D.A. Diana Becton in her re-election campaign; she contributed to his anti-recall campaign

Becton’s campaign shoots back accusing Knox of asking for leniency on friend’s 2017 DUI charges; Knox’s campaign responds to accusation

By Allen D. Payton

On May 19, the Mary Knox for District Attorney campaign released a statement calling for action from District Attorney Diana Becton after more than 60 days had passed with no action on a DUI case involving a Becton campaign endorser, Antioch Mayor Lamar Thorpe. The Herald was not made aware of Knox’s campaign press release until after receiving the press release from the DA’s office on Friday, May 20 announcing charges had been filed against Thorpe on April 1. (See related article)

In addition, on May 8 a Public Records Act request was submitted by Walnut Creek resident Scott Buckley asking for “details related to the recent DUI arrest of Antioch Mayor Lamar Thorpe and any correspondence details related to this case or prosecution of the case.” In a May 17 response to Buckley, Deputy District Attorney Sophea Nop denied the request for documents claiming they’re exempt, but also wrote, “Additionally, I have determined that there are no documents in either the physical or electronic file which constitutes correspondence between Lamar Thorpe and the District Attorney’s Office regarding this case.”

CCDA response to Buckley PRA. Source: Knox campaign (redacted by the Herald)

The Knox press release reads as follows:

“The Contra Costa Herald previously reported that District Attorney Diana Becton held a private meeting with Mayor Thorpe just three days following the incident.

‘It has now been more than 60 days since it was reported that Mayor Lamar Thorpe was arrested for a DUI and yet we have seen no action come from the D.A.’s office,’ said Jamie Patton, spokeswoman for Deputy District Attorney Mary Knox, candidate for District Attorney, on Thursday, May 19. ‘Contra Costa residents deserve safety from drivers who recklessly drive under the influence of alcohol. Everyone wants to see their District Attorney act with integrity and fairness, regardless of a person’s position of power or influence, yet D.A. Diana Becton met with Lamar Thorpe personally following the incident and we continue to see no action to prosecute. We believe D.A. Diana Becton must address this glaring dereliction of duty and take action on this rapidly-aging case.’

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.

March 2022: Antioch Mayor Lamar Thorpe Was Arrested For Driving Under The Influence. “On Saturday, Antioch Mayor Lamar Thorpe confirmed in a video that he was arrested by the California Highway Patrol for a DUI. CHP later released a statement confirming the incident just before 11:00 am.” [East County Today, 3/19/22]

Becton Had “Private Meeting” With Thorpe Three Days After His Arrest, As District Attorney’s Office Was Investigating Incident. “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.” [Contra Costa Herald, 3/30/22]

Thorpe Later Confirmed He Had Met With Becton, Said She Had Requested “Cooperation In The Investigation.” “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… 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’.” [Contra Costa Herald, 4/4/22]

As of May 2022, a search of Contra Costa County’s online case portal did not show any pending cases involving Thorpe. [cc-courts.org]

We mailed a criminal records search request regarding Thorpe to the Contra Costa County Superior court on May 11, 2022 and are awaiting a response.

Thorpe is listed as a campaign endorser on Becton’s campaign website.”

——————-

Source: Becton campaign.

Becton’s Campaign Manager Fires Back at Knox

The following was posted on Becton’s campaign Facebook page on Saturday, May 21 about Knox, in 2017, asking for leniency for a friend who was arrested for DUI:

“An important message from DA Becton’s Campaign Manager, Champagne Brown:

In her latest baseless attack against District Attorney Becton, Mary Knox claims to want accountability for ‘drivers who drive recklessly under the influence of alcohol.’ And yet, in 2017, Knox pled with a judge for leniency—and no accountability—for a colleague from the DA’s Office who drove under the influence of alcohol, crashing head on into another car and critically injuring the driver.

That person was George Driscoll, now the manager of the independent expenditure that has funneled nearly $250,000 from police associations to elect Mary Knox.

Source: Becton campaign.

DUI is the most common offense among California police officers (eastbaytimes.com)

Despite Knox’s letter to the judge pleading for leniency, George Driscoll was nevertheless convicted of a felony and removed from his duties as a law enforcement officer.

This is yet another example of Mary Knox’s hypocrisy and corruption—she is for ‘law and order,’ except when it comes to her well-connected friends and donors.

Source: Becton campaign.

She cannot be trusted to hold people she owes—including police associations—accountable.

Contra Costa County deserves a District Attorney who is courageous enough to ensure the justice system works for everyone, not just the well connected.”

Knox Campaign Responds

In response to the accusation from Becton’s campaign, Knox’s campaign spokeswoman Upton wrote, “Ms. Becton’s latest attack on Mary Knox once again demonstrates her failure to acknowledge her conflict of interest inherent in the prosecution of Mayor Lamar Thorpe.  Mayor Thorpe has endorsed Ms. Becton’s political campaign, donated to Mayor Thorpe’s effort to stave off the recall campaign launched against him and met with Mayor Thorpe in her office just days after he was arrested, Ms. Becton should have recused herself from this prosecution following Mayor Thorpe’s arrest.

Mary Knox acted ethically in writing a letter to the judge presiding over the sentencing of a case that qualified for Veterans Court in Lassen County. A judge is required by law to consider whether a veteran’s military service contributed to the commission of the criminal offense, such as Post Traumatic Stress Disorder, as well as standard factors in mitigation in sentencing. In her letter, Ms. Knox described for the judge this veteran’s service to his country that resulted in awards, including a Bronze Star for his service in Iraq, by President Obama and President Bush in a service career that spanned three decades with tremendous personal sacrifice.  Mary Knox properly provided the sentencing judge with information that he was required by law to consider in sentencing.”

Antioch Mayor Thorpe charged by DA with DUI on April 1, announced May 20

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“Most DUI cases…take around 60 days” – Ted Asregadoo, PIO, CCCDA’s Office

By Allen D. Payton

Two months after Antioch Mayor Thorpe was arrested for DUI on March 19, the Contra Costa District Attorney’s office announced on Friday, May 20, 2022, that was charged on April 1. Thorpe was charged with two offenses including “Driving under the influence of an alcoholic beverage VC 23152 (a)” and “Driving with a .08% blood alcohol content VC 23152 (b)”. See related articles here, here and here.

Following is the press release from Ted Asregadoo, Public Information Officer for the DA’s office:

Antioch Mayor Lamar Thorpe was charged with two Misdemeanor counts of Driving Under the Influence (DUI) of alcohol on April 1, 2022.

The Office of the District Attorney of Contra Costa County received a referral from the California Highway Patrol on March 23, 2022, on two violations of California Vehicle Code 23152 (a) and 23152 (b) that occurred on March 19, 2022, in Pleasant Hill.

After an evaluation, a charging decision was made on the following counts:

Count 1 – Driving under the influence of an alcoholic beverage VC 23152 (a)

Count 2 – Driving with a .08% blood alcohol content VC 23152 (b)

The case has been submitted to the Superior Court of Contra Costa County and a Notice to Appear will be issued by the Court.

DA’s Office Responds to Questions About Timing of Press Release and Charges

The following questions were sent Saturday morning to District Attorney Diana Becton’s personal email and through Asregadoo:

“Why, if Mayor Thorpe was charged on April 1, did you just send out the press release about it, yesterday? Was it favoritism for a political ally? Did he ask you to hold it until after the May 11 deadline for submitting his recall signature petitions? Did you choose to hold it for that reason without his request? Or does the process usually take that long in a DUI case? Are elected officials, either political allies or not, treated like any other person your office prosecutes?”

Asregadoo responded, “To inform the public that misdemeanor charges were issued against Mr. Thorpe April 1, 2022. Last week, some media outlets echoed false claims the DA’s Office was not filing charges. The Contra Costa County District Attorney’s Office fairly, ethically, aggressively, and efficiently prosecutes those who violate the law. Most DUI cases (from arrest to issuance of charges) take around 60 days. Sometimes less, sometimes more. It depends on how many DUI cases a Deputy DA is managing. The mission of the Contra Costa County District Attorney’s Office is to seek justice and enhance public safety for all our residents by fairly, ethically, aggressively, and efficiently prosecuting those who violate the law, and by working to prevent crime.”

Regarding the charges they were asked, “how does your office know Mr. Thorpe only consumed ‘an alcoholic beverage’ that night? Do you have witness testimony from whom he claimed to be having dinner, and/or the server or bartender at the establishment who served them? Do you know for sure that he wasn’t at any other establishment(s) consuming alcoholic beverages with others? Is the second charge a standard charge for a BAC of .08% or higher? Or is that the exact level that the CHP measured in his chemical test they administered to him, that night?”

Asregadoo responded simply, “We don’t comment on evidence related to an active court case.”

Questions for Thorpe Go Unanswered

The following questions were sent Saturday morning to Thorpe via email giving him or his attorney until 3:00 p.m. to respond:

Do you have any comments you would like to include from either you or your attorney?

Also, what was your blood alcohol content that the CHP measured in your chemical test they administered? Was it only .08% as stated in the DA’s press release or was it higher and if so, what was the level?

Why if you were charged on April 1 was this just released by the DA’s office, yesterday? Did you ask them to hold it until after the May 11 recall signature gathering deadline?”

Thorpe was asked additional questions that he had previously been asked but have to date gone unanswered:

“Did you have more than one drink that night? With whom did you have dinner and a drink Friday night/Saturday morning? Is that friend willing to corroborate your claim of you only having one alcoholic beverage?

Where did you eat dinner and have a drink? Will the server or bartender corroborate your story?

How long were you at the establishment? Did you go to more than one restaurant or bar that night? Did you or the person you had dinner with pay with cash or by credit/debit card? Did either one of you keep the receipt(s) from your dinner and drink?

Are you willing to provide copies of the receipt(s) for the public to see to support your claim of only having one drink? At what time do you remember having the drink and finishing it?

Did you consume any alcoholic beverages at those or any restaurants or bars, either in Antioch or anywhere else on Friday, prior to leaving Antioch and East County and arriving at the location where you claim you had dinner with a friend and ‘the drink’?

Who drove you home from the CHP office in Martinez? Were you still inebriated at that time? Have you ever been stopped before for driving under the influence? Have you ever claimed to be inebriated at the time you were accused of another crime?”

No responses were received from Thorpe as of 1:30 PM on Tuesday, May 24, 2022.

Please check back later for any updates to this report.

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