Contra Costa Herald

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

Contra Costa DA creates office’s first ever standalone conviction integrity unit

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District Attorney Diana Becton announced recently that she has created the first ever standalone Conviction Integrity Unit for the Contra Costa County District Attorney’s Office. The unit will investigate wrongful conviction claims of actual innocence based on new evidence and information, and cases where there is evidence involving significant integrity issues. Interested parties can submit a claim using the forms on the district attorney’s website to the Conviction Integrity Unit through the District Attorney’s Office.

“Our Office is ethically bound to consider any legal wrongs committed during a prosecution of an individual. With this new unit, the public can be assured we have resources now at our disposal to investigate prior convictions and seek justice for the wrongly convicted. We have a duty as prosecutors to uphold the law and administer fair justice for all. Our Office now joins over 30 jurisdictions across the country in a growing movement to establish Conviction Integrity Units,” said Becton.

The Conviction Integrity Unit will also assist in reviewing and developing practices and policies related to training, case assessment, investigations, and disclosure obligations with the goal of preventing wrongful convictions in the first place. The unit is supervised by Deputy District Attorney Brian Feinberg and overseen by Assistant District Attorney Venus D. Johnson.

Multiple national and local criminal justice organizations such as the Innocence Project, Fair and Just Prosecution, and Immigration Legal Resource Center support DA Becton’s move to create the Conviction Integrity Unit.

In a support letter, Fair and Just Prosecution’s Miriam Aroni Krinsky wrote: “Having a process for review of convictions through a CIU is a recognized best practice around the nation. Establishing these protocols in Contra Costa County will protect the integrity of the criminal justice process and promote public safety by bolstering trust and confidence in local law enforcement and the justice system as a whole.”

Rose Cahn, a Criminal and Immigrant Justice Attorney with the Immigrant Legal Resource Center’s said: “We applaud the CCCDA’s leadership and its commitment to ensuring that innocent people do not face continued punishment, from inside or outside the criminal justice system.”

Northern California Innocence Project’s Executive Director, Linda Starr, also supports the creation of a standalone Conviction Integrity Unit as our Office’s new unit “includes all of the best practices — neutral, expansive, and collaborative review — which will lead to just results.”

DA Becton updates immigration policy to avoid deportation of defendants to comply with state law

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By Allen Payton

Contra Costa County District Attorney Diana Becton issued a new policy for the DA’s Office focused on immigration. In order to comply with state and federal laws, the office has updated its immigration policy.

“It is important to have a standardized process in place to ensure we meet our obligations under the law. I am confident that with this new policy we can fairly review all options for a disposition while at the same time ensuring we meet the demands to protect the public and victims,” said DA Becton. “Moving forward, cases will be evaluated by our state legislative mandate to ‘consider the avoidance of adverse immigration consequences in the plea negotiation process as one factor in an effort to reach a just resolution.’”

Last July, for the first time ever, the entire DA’s office staff received an in-depth immigration training which focused on the role of prosecutors in considering adverse immigration consequences, i.e. deportation.

The law was changed in California in 2016 and now Penal Code Section 1016.3(b) mandates, “the prosecution … consider the avoidance of adverse immigration consequences in the plea negotiation process as one factor in an effort to reach a just resolution.”

The legislature enacted the law after finding “the immigration consequences of criminal convictions have a particularly strong impact in California. One out of every four persons living in the state is foreign-born. One out of every two children lives in a household headed by at least one foreign-born person. The majority of these children are United States citizens. It is estimated that 50,000 parents of California United States citizen children were deported in a little over two years. Once a person is deported, especially after a criminal conviction, it is extremely unlikely that he or she ever is permitted to return.” (Cal. Penal Code Section 1016.2(g)).

Following are aspects of Becton’s updated policy, under governing law, “consideration of immigration consequences during the plea negotiation process is mandatory” and “victim’s rights must also be included and considered in the plea negotiation process.”

The policy notes that “These internal guidelines are not intended to create any new procedural rights in favor of criminal defendants or to be enforceable in a court of law. Nor shall these guidelines be construed to create any presumptions that a previously sentenced defendant would have received any offer other than that which has already been extended and accepted.

The policy further states, “Prosecutors do not have an obligation to independently research or investigate the adverse immigration consequences that may result from a plea or criminal conviction.” But, they “shall consider adverse immigration consequences presented by the defense.”

In addition, the new policy requires that “the supervising prosecutor…determine based upon the totality of the circumstances if an appropriate disposition can be reached that neither jeopardizes public safety nor leads to disproportionate immigration consequences based on the information provided by the defense.”

According to the new policy, alternative considerations include, “Devising an alternative plea agreement that is factually honest and of a similar nature and consequence to the originally charged offense, but minimizes the defendant’s exposure to adverse immigration consequences;” and “Allowing language to be stricken from a charging document or plea colloquy while maintaining the truthfulness of the remaining charging language.”

Scott Alonso, Public Information Officer, Office of the Contra Costa County District Attorney contributed to this report.

Pittsburg man found guilty on 14 counts of molesting two underage victims

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Faces a sentence of over 100 years to life in state prison.

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

On April 15, a Contra Costa County jury found defendant Abel Peña-Catalan of Pittsburg guilty of 14 felonies, including the molestation of two underage victims and the attempted rape of one of the victims. The criminal conduct by Peña-Catalan also included forcible oral copulation against Jane Doe #1 who was under the age of 18. The District Attorney’s Office does not disclose the age or victim’s name in a sexual assault case to protect the confidentiality of the victims.

Fortunately, a witness encouraged the victims to report the sexual abuse to authorities. In turn, the victims disclosed the molestation to a mandated reporting agency and an investigation ensued. Overall, the Pittsburg Police Department and Alameda County Sheriff’s Office were involved in the investigations for both victims. Peña-Catalan at one time, lived in Alameda County where the abuse started against one of the victims. He then continued his violent and threatening assaults in Pittsburg against the minors.

“Crimes against children often involve secrecy and deception. In this case, the defendant repeatedly threatened these victims and committed horrible sexual assaults against them. The Jane Does in this case were incredibly brave for ensuring the defendant is held accountable for his crimes,” DDA Weiss said.

Peña-Catalan now faces a sentence of over 100 years to life in state prison. Sentencing will occur on May 10, 2019 in front of the Honorable Christopher Bowen – Department 40 of the Contra Costa County Superior Court in Martinez. Contra Costa County Deputy District Attorney Diana Weiss prosecuted the case on behalf of the People. The case originated in the Office’s Sexual Assault Unit.

The felony counts against Peña-Catalan for his verdict:

  • Count 1, Attempted Forcible Rape-Child Victim Over 14 Years
  • Count 2, Attempted Forcible Rape-Child Victim Over 14 Years
  • Count 3, Forcible Oral Copulation-Minor Victim Over 14 Years
    • Enhancement 1, Special Allegation, Sex Crimes – Aggravated Circumstances
  • Count 4, Lewd Act Upon a Child
  • Count 5, Lewd Act Upon a Child
  • Count 6, Lewd Act Upon a Child
  • Count 7, Lewd Act Upon a Child
    • Enhancement 1, Special Allegation, Sex Crimes – Aggravated Circumstances
  • Count 8, Lewd Act Upon a Child
    • Enhancement 1, Special Allegation, Sex Crimes – Aggravated Circumstances
  • Count 9, Lewd Act Upon a Child
    • Enhancement 1, Special Allegation, Sex Crimes – Aggravated Circumstances
  • Count 10, Forcible Lewd Act Upon a Child
    • Enhancement 1, Special Allegation, Sex Crimes – Aggravated Circumstances
  • Count 11, Forcible Lewd Act Upon a Child
    • Enhancement 1, Special Allegation, Sex Crimes – Aggravated Circumstances
  • Count 12, Forcible Lewd Act Upon a Child
    • Enhancement 1, Special Allegation, Sex Crimes – Aggravated Circumstances
  • Count 13, Forcible Lewd Act Upon a Child
    • Enhancement 1, Special Allegation, Sex Crimes – Aggravated Circumstances
  • Count 14, Forcible Lewd Act Upon a Child

Case information: People v. Abel Pena-Catalan, Docket Number 05-180571-2

Defendant sentenced to 135 years to life for 4 counts of murder from 2017 fatal DUI collision in San Pablo

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Screenshots of CBS13 Sacramento new report, Nov. 26, 2017.

Had five prior DUI convictions

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

On April 12, 2019, 48-year-old Sacramento resident Fred Lowe was sentenced to 135 years to life in state prison by the Honorable John W. Kennedy. Lowe was convicted of seven felonies by a Contra Costa County jury, including the murder of four victims from a collision caused by Lowe in November 2017. Lowe was driving under the influence of alcohol at the time of the crash and he had five prior DUI convictions. (See related article).

The four deceased victims are Joseph Horn, his father Daryl, Baden Biddle and his father Troy Biddle. Joe Horn’s older brother Jared was the driver of the Nissan Rogue and was only slightly injured. The Biddle Family were relatives of the Horn’s visiting from out of state over the Thanksgiving weekend.

According to Mothers Against Drunk Driving (MADD), drunk driving remains the number one killer on the roadways in the United States. Tragically, almost 11,000 people are killed each year in drunk driving crashes. Two in three people will be involved in a drunk driving crash in their lifetime.

“MADD commends Prosecutor Derek Butts and the court system for ensuring justice in this case,” said MADD National Board Member Carol Leister who attended the sentencing hearing. “The Horn and Biddle family suffered the ultimate consequences of drunk driving and MADD will always be here for them and other families who’ve been impacted by this 100 percent preventable crime.”

Case information: People v. Fred Douglas Lowe, Docket Number 05-181540-6

Richmond man sentenced to 16 years in prison for sex trafficking two girls from jail

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Corell Olajuwon Hackett. Photo by Richmond P.D.

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

On April 12, 2019 Contra Costa Superior Court Judge Clare Maier sentenced Corell Olajuwon Hackett to 16 years and eight months in state prison for sex trafficking two young women from 2016 to 2018. The 21-year-old Richmond resident received concurrent sentences for criminal convictions in several other criminal cases as well. Judge Maier also imposed criminal court protective orders barring Hackett from having contact with any of the victims for a period of 10 years and ordered him to register as a sex offender for the rest of his life.

Human Trafficking Unit Supervisor Dana Filkowski praised the work of police investigators in this complex case, particularly the Richmond Police Department Bravo Team working to suppress trafficking along the 23rd Street corridor of Richmond and Richmond Police Department Family Violence Detectives Bureau.

“The fact that an exploiter is also in a dating or intimate relationship with the victim is no defense to human trafficking,” said Deputy District Attorney Filkowski. “In fact, love and affection are often tools of manipulation and control used to keep the victim engaged in prostitution to benefit the trafficker and deter the victim from cooperating with law enforcement.”

Filkowski also emphasized that under the law, a minor’s consent is never a defense to sex trafficking.

In 2016, 17-year-old Jane Doe 2 gave birth to defendant’s baby. Within weeks of the birth, defendant pressured her to go out and make money for him by working as a prostitute. She disclosed to a Richmond Detective working out of the Family Justice Center that Hackett took her from Richmond to San Francisco so that she could prostitute on five separate occasions and that she gave him all the money she earned. Not long thereafter, Hackett began a relationship with Jane Doe 1. He started trafficking this victim when she was 17-years-old by putting her on the “blade” in Richmond – the area around 23rd St. known for street prostitution.

The defendant was arrested in the fall of 2018 for a domestic violence incident against Jane Doe 1. Investigators later learned that defendant was using the recorded jail phone to continue to have contact with Jane Doe 1, in violation of the court order. In more than 100 separate phone calls between November 2018 and February 2019, Hackett used threats, coercion, menace and manipulation of Jane Doe 1’s love for him to keep the 18-year-old Jane Doe prostituting so that she could put money on his jail account.

The 16-year, 8-month prison sentence was handed down by Judge Maier after Hackett pleaded guilty to the following charges from the four dockets:

  • Human Trafficking of a Minor for a Sex Act
  • Dissuading a Witness by Force or Threat
  • Human Trafficking to Commit Another Crime
  • Conspiracy to Dissuade Witnesses
  • Contempt of Court
  • Contempt of Court
  • Contempt of Court
  • Contempt of Court
  • Leaving the Scene of an Accident
  • Robbery
  • Grand Theft from Person
  • Domestic Violence

The sex trafficking and domestic violence cases (Dockets 02-329276-0 & 02-328628-3) were prosecuted by Deputy District Attorney Dana Filkowski. The robbery and hit & run cases (dockets 05-180928-8 and 05-182443-2) were prosecuted by Deputy District Attorney Christina Stevens and Deputy District Attorney Sarah Barkley.

If you or someone you know are being pressured to engage in prostitution to benefit or help support another person, help is only a phone call away. Contact Community Violence Solutions at 800-670-7273 to speak to a confidential counselor. Or visit the Contra Costa Family Justice Centers in Richmond or Concord to talk to a Navigator about a variety of services and support available right here in Contra Costa County. The Family Justice Centers are a family-friendly one-stop center serving victims of all human trafficking, domestic violence and other types of interpersonal violence. No appointment is needed, and the centers are located at 256 24th Street in Richmond or 2151 Salvio St., Suite 201 in Concord.

To learn more about human trafficking in Contra Costa County, contact the Contra Costa Human Trafficking Coalition at www.contracostacoalition.org.

 

El Cerrito woman identified as inmate who died at Martinez Detention Facility Saturday

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Arrested for domestic violence by El Cerrito Police Friday night

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

The investigation into yesterday’s in custody death is ongoing. Per the in custody fatal incident protocol, the investigation is being conducted by the Contra Costa County District Attorney’s Office and the Office of the Sheriff.

The inmate is identified as 36-year old Maria Barraza of El Cerrito. She was arrested by the El Cerrito Police Department for domestic violence and booked into the Martinez Detention Facility at about 10:39 PM on April 12, 2019.

The next morning at about 3:31 A.M., Deputy Sheriffs responded to the women’s holding area in Intake and found that a female inmate, later identified as Barraza, had apparently hanged herself inside the bathroom

Medical staff at the jail responded immediately and began life saving measures. The fire department and an ambulance also responded. Barraza was pronounced deceased at the scene.

An autopsy is planned for tomorrow, Monday, April 15.

DA’s office, Supervisors celebrate National Crime Victims’ Rights Week, April 7-13

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The Contra Costa County District Attorney’s Office, in commemoration of National Crime Victims’ Rights Week (NCVRW), April 7-13, 2019, is raising awareness about crime victims’ issues and rights and introducing the community to the important resources and services available. On Tuesday the Contra Costa County Board of Supervisors presented a proclamation in recognition of National Crime Victims’ Rights Week. The DA’s Office then hosted a recognition ceremony to honor the awardees of National Crime Victims’ Rights Week.

The awardees for this year’s recognition are as follows:

  • Special Courage: Juliann Marlang
  • Making a Difference: Sarah Alpert
  • Above and Beyond: Jesse Gregory
  • Victim Advocate: Sandra Guiterrez-Banales
  • Support Staff: Laura Muro
  • DA Investigations: Senior Inspector Rick Rivera
  • Attorney: Deputy District Attorney Alison Chandler
  • Law Enforcement: Detective Joseph Nunemaker
  • Probation Officer: Nancy Kenoyer

During the week, the District Attorney’s Office is honoring champions in advocating for expanded support and services to communities affected by crime.

  • Thursday, April 11, 6:30 p.m. vigils in two locations: 2151 Salvio Street, Concord (Family Justice Center) and 65 Civic Ave, Pittsburg (Pittsburg City Hall)
  • Saturday, April 13, 5:30 p.m. Survivors Speak National Healing Vigil, 2621 Shane Drive, Richmond (Sojourner Truth Church)

This year’s theme – Honoring Our Past. Creating Hope for the Future. – encourages commemoration, honor, and respect toward the crime victim advocates, allied professionals, and selfless volunteers who have courageously worked for increased rights for crime victims. The theme also invites us to look toward a future of inclusive, accessible, and innovative resources and services for survivors.

For additional information about this year’s National Crime Victims’ Rights Week and how to assist victims in your community, please contact our office at 925-957-8650 or visit www.contracostada.org.

For additional ideas on how to support victims of crime, visit OVC’s website at www.ovc.gov.

Retired fire captain arrested for committing multiple lewd acts upon a child

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Occurred in Contra Costa County years ago. Out on $1 million bail Wednesday morning.

By Allen Payton

According to a Facebook post by the Placer County Sheriff, “Tuesday afternoon, detectives with the Placer County Sheriff’s Crimes Against Persons Unit arrested Gerald Norman Fogel, 57, of Foresthill at his residence. Fogel was arrested for ten counts of Committing a Lewd Act Upon a Child Under 14-years old.

Sheriff investigators learned of the abuse which occurred numerous years ago in Contra Costa County. Working with the Contra Costa County District Attorney’s Office, detectives obtained an arrest warrant from Contra Costa County and a Placer County search warrant.

Fogel was booked into the Contra Costa County Jail with a bail of $1,000,000. He is a former Fremont firefighter and former volunteer Fire Captain for the Foresthill Fire Protection District.

As of Wednesday, Fogel was able to bail out and a concerned resident contacted the Herald stating that Fogel is living in Concord within a short distance of three elementary schools and a child care center.

Please check back later for updates to this report.

DA Becton announces end of backlog of untested sexual assault kits

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

On Tuesday, March 12, 2019, District Attorney Diana Becton and staff attended an event in New York City to announce the end of the backlog of untested sexual assault kits in Contra Costa County. These results come from the Contra Costa County District Attorney’s Office participation in the Manhattan District Attorney’s Sexual Assault Kit Backlog Elimination Grant Program, a three-year grant program to test sexual assault kits.

Our Office was one of 32 grantees funded, totaling $1,841,535 to test 1,246 kits since 2015. The testing of these kits allowed for DNA evidence to be uploaded to the national DNA databank to assist in investigations and identify offenders.

“We partnered with 24 law enforcement agencies in our community to erase the backlog of sexual assault kits in Contra Costa County,” said Becton. “I want to express my gratitude for our partners working with our office to end the backlog. Testing these kits can help bring closure and justice to sexual assault victims. We are going to continue working on this issue to ensure we never have a backlog in our community again.”

To ease the burden of testing these kits, through this grant our Office collected the untested kits from participating agencies and sent the kits to Sorenson Forensics in Utah. The collaboration between Sorenson Forensics, the Contra Costa County Sheriff’s Crime Lab and our Office allowed for a more efficient process of testing these kits.

Due to state law in California, law enforcement agencies have mandated reporting timeframes to test these kits. If an agency chooses not to test, they have to substantiate their reasons to the California Department of Justice. Our Office will continue to monitor the progress of all agencies in Contra Costa County to ensure state law is followed and no kits remain untested.

Overall, the Manhattan District Attorney’s program tested 55,242 kits and resulted in 18,803 DNA profiles uploaded into the Federal Bureau of Investigation’s Combined DNA Index System (CODIS). Locally, the results here for our kits were:

  • 1,246 kits DNA tested (1978 to 2016)
  • 182 DNA profiles entered into CODIS
  • 122 Confirmatory hits
  • 51 Offender hits
  • 8 Cases reopened for further review by law enforcement agencies
  • Full compliance of all participating agencies

Charges filed against El Sobrante murder suspect

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

The Contra Costa District Attorney’s Office has filed formal charges against Jorge Ortega Campos in connection with the killing of Michael Bagwell in El Sobrante in January. (See related article).

On January 26, 2019, at about 12:22 PM, Deputy Sheriffs were dispatched to a report of shots fired with a man down in the intersection of Jasmine Court and Jasmine Way in El Sobrante. Deputies arrived on scene and found a man deceased at that location. He suffered from gunshot wounds. The victim was identified as 52-year-old Michael Bagwell of Richmond.

Homicide Detectives from the Office of the Sheriff identified 38-year-old Campos of Richmond/Pinole as the suspect in the killing. Detectives later that day discovered Campos was being held in the Martinez Detention Facility (MDF) on unrelated charges. Apparently, an alert resident called police when he saw Campos acting suspiciously on Mountbatten Court in Concord. That resident was able to detain him until police arrived. At the time, Campos was booked into the MDF on numerous charges including drug possession and parole violation.

Campos is still being held at MDF. His charges now include murder and carjacking in connection with the killing of Bagwell. He is being held without bail.

The investigation into this case is ongoing. Anyone with any information on this case is asked to contact the Investigation Division at (925) 313-2600. For any tips, call 866-846-3592 to leave an anonymous voice message or email: tips@so.cccounty.us.