Contra Costa Herald

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

Antioch police arrest “prime suspect” in 37-year-old Bombardier murder case Monday

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Mitchell Lee Bacom, now and as he looked in the 1980’s. Photos courtesy of APD

“Justice for Suzanne” means “Antioch is safer, tonight”

Suzanne Bombardier. Herald file photo

By Allen Payton

At around 5:00 p.m. Monday evening, the family of Suzanne Bombardier whose kidnapping, rape and murder had gone unsolved for 37 years, finally had closure when Antioch police arrested 63-year-old Mitchell Lynn Bacom at his home in Antioch. During a press conference Monday night, Antioch Police Chief Tammany Brooks announced the arrest saying he was “ecstatic” and credited retired Captain Leonard Orman, DNA testing by the San Mateo County Sheriff’s Office Forensic Lab and the Contra Costa District Attorney’s Office.

Bacom, an Antioch resident, was arrested without incident in front of his house in the 300 block of West Madill.

“This closes the oldest, open cold case homicide on record with the Antioch Police Department,” Brooks stated, and then thanked “Suzanne Bombardier’s family for not giving up hope,” although “it would not bring Suzanne back.” He further said it was solved through “patience and persistence.”

Orman was brought back to work on the case, earlier this year after the DNA was sent to the crime lab two years ago and got a hit by CODIS, the FBI’s Combined DNA Index System, in May. Interim DA Diana Becton gave credit to Paul Holes, her office’s Cold Case Investigator and Chief of Forensic and the Safe Streets Task Force.

“Justice may not have come as swiftly as we would like,” she stated, and said her office will be filing charges against Bacom tomorrow of “murder with use of a deadly weapon and additional charges, as well.”

Bombardier was taken in the middle of the night from her sister’s home at 3421 Hudson Court in Antioch while babysitting. She was missing for approximately five days and eventually found deceased in the San Joaquin River near the Antioch Bridge. Her cause of death was determined to be one stab wound to the chest which penetrated her heart. Evidence at the time indicated she had been sexually assaulted.

Numerous suspects and persons of interest were developed and investigated over the years. Some were eliminated while others remained unresolved until recently. Bacom was one of the original suspects in the case, “the prime suspect” according to former Antioch Detective Greg Glod who worked the case, along with retired Detective Ron Rackley who first took the report that initiated the investigation in 1980.

Two years ago, during the 35th anniversary of the murder, they and retired Antioch Sgt. Larry Hopwood asked then Chief Allan Cantando to reopen the case and offered to serve as a volunteer cold case squad. They launched a media campaign to raise awareness of the cold case. (See related article). Later that year the DNA was sent to the crime lab for testing.

Through that DNA testing, one of the suspects, 63-year-old Mitchell Lynn Bacom of Antioch, has been determined to be responsible for these heinous crimes. He is currently being held on the charges of murder, kidnapping, rape and oral copulation.

“He was never off the suspect list,” Brooks stated, and that “he was known to Suzanne and the family.”

“That’s who we always suspected,” Rackley stated, when reached for comment following the press conference. “We can finally sleep again.”

“I knew this all along,” Glod said when reached at his home in the Washington, D.C. area, where he now works for the U.S. Secret Service as an instructor at their academy. “He was clearly the prime suspect, clearly in my mind, from the beginning.”

Suspect Had History of Violent Crime

Antioch Police Chief Tammany Brooks was joined by (L-R) Antioch Police Captain Diane Aguinaga and retired Captain Leonard Orman, as well as Paul Holes, the Contra Costa District Attorney’s Office Cold Case Investigator and Chief of Forensics, and Interim Contra Costa DA Diana Becton.

In 1973, Bacom was arrested in Mountain View, Ca. for rape, robbery, assault with intent to commit murder and oral copulation. As a result of that investigation, he was convicted in 1974 of first and second-degree burglary, assault with intent to murder and sodomy. He was sentenced to five years to life.

In February of 1981, Bacom was arrested for robbery and rape in Isleton, California. As a result of that case, he was convicted of first degree burglary, robbery, rape and sodomy. He was sentenced to 24 years in prison.

In 2002, Bacom was convicted in Contra Costa County of failing to properly register as a sex offender and sentenced to four years in prison. This conviction was the result of a Pittsburg PD investigation.

When the biological evidence was originally collected in this case, DNA testing did not exist as a method of determining guilt in our justice system. Over the years, the Antioch Police Department and the Contra Costa County District Attorney’s Office have monitored developments in DNA testing in the hopes that advancements would be made allowing this evidence to be processed and a DNA profile developed. In 2015, the decision was made to submit the biological evidence to the San Mateo County Sheriff’s Office Forensic Laboratory in an effort to develop a DNA profile. This lab was equipped to conduct some of the most advanced available DNA testing. In early 2017, the department was notified that a CODIS hit was made tentatively identifying Mitchell Lynn Bacom as the perpetrator. Additional testing was required in order to confirm the identification.

Glod spoke about Bacom’s history of crime, saying, “I’m amazed how he got out of prison on the first one” and that “he was on parole when this took place,” referring to the Bombardier murder.

Media from throughout the Bay Area was in attendance for the Tammany Brooks’ first press conference as Antioch Police Chief.

He gave credit to former Antioch Detective Guy Worth, who is currently battling cancer, and “is probably dancing, right now. He was instrumental…he did all he could to keep this case alive, in spite of all he’s going through.”

Glod also thanked the media for their articles and TV news segments in 2015 and 2016.

“I appreciate people like you (referring to the Herald), Henry Lee from KTVU, the Contra Costa Times and Jennifer Gibbbons, the author who wouldn’t let this go,” he stated.

“Although we are ecstatic an arrest has been made in this case it will not bring Suzanne back into her family’s lives,” Brooks said. “Our thoughts and prayers are with Suzanne Bombardier’s family and we hope this mystery being solved offers some level of comfort for them.”

“Although in recent years there was some question relative to our commitment regarding this investigation, we never gave up on bringing this case to a resolution,” he shared. “The reality was that science had to make advances in order for a positive identification of the killer to be made. It was through patience, persistence, networking, modern investigative techniques and scientific advances that this case was solved.”

“I’m glad that people didn’t forget, the Antioch Police Department and District Attorney’s Office,” Glod said. “They were instrumental in solving this. It’s a good day for Antioch. Antioch did not forget their citizen. It’s great news for the family and all the friends who have been traumatized by this. We finally got some justice for Suzanne Bombardier.”

“It’s bringing some closure for me in my life,” he added. “This is a great moment for me. I’m glad to see it was him they arrested. This is big news.”

More Work Still To Be Done

When reached for comment, Orman said, “It was good to see it to this point,” knowing that there is still more work to be done following the arrest. “Antioch is safer tonight and that’s what matters,” he added.

“This does not constitute the end,” Brooks confirmed during his first press conference since becoming Chief in May, stating that the department needed to determine if Bacom has been involved in any other crimes.

As such, the Antioch Police Department will be networking with other law enforcement agencies in an effort to determine if Mitchell Lynn Bacom has been involved in other murders and/or sexual assaults. We encourage anyone with information regarding this case to contact the Antioch Police Department. Additionally, we are hoping to hear from any of Mitchell Lynn Bacom’s past victims, including those who may have never made reports to law enforcement.

Anyone wanting to provide information relative to Mitchell Lynn Bacom’s criminal conduct may contact Detective Leonard Orman at (925) 779-6918. You may also text a tip to 274637 (CRIMES) using key word ANTIOCH

Interim Contra Costa District Attorney Becton announces she will run in next year’s election

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Board of Supervisors Chairman Federal Glover with Interim D.A. Diana Becton following her oath of office ceremony on Sept. 18, 2017. Photo by David Fraser, Office of Supervisor Federal Glover

Today, Wednesday, December 6, 2017, District Attorney Diana Becton issued the following statement:

“It’s official: today, I filed my papers to run for District Attorney of Contra Costa County.

“I was selected as District Attorney by the Board of Supervisors to restore faith and trust in the District Attorney’s Office in the wake of scandal. I have rolled up my sleeves and I am hard at work. I am committing to restoring integrity to the office. I am confident that I will succeed. I am a collaborative leader who knows how to get things done.

“We cannot continue to look at the criminal justice system in a vacuum. We need a broad, universal approach to how we prevent crime, make our communities safe, and treat everyone fairly.

“As a longtime judge of the Superior Court in Contra Costa County, I am proud of my reputation for hard work, fairness, and integrity. I will bring these qualities to the campaign trail – and to the job.”

In September, Becton was appointed by the Board of Supervisors to fill the position made vacant by the resignation of Mark Peterson. She joins Contra Costa County Senior Assistant District Attorney Paul Graves and Santa Clara County Supervising Deputy District Attorney Patrick Vanier who announced their campaigns and entered the race prior to Peterson’s resignation. The Primary Election will be held June 4, 2018. If no candidate receives a majority of vote, the top two candidates will face off in the General Election in November.

Allen Payton contributed to this report.

Lafayette man, a former Oakland Fire Captain pleads guilty to child porn possession

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Richard Chew from his now deleted LinkedIn profile. Herald file photo.

On Tuesday December 5, 2017, Richard Chew, a 58-year-old resident of Lafayette, pleaded guilty to one count of possession of child pornography.  As a result of his guilty plea, Chew was sentenced to 150 days in jail, three years of probation and was ordered to register as a sex offender.  Chew has been out on bail since his arrest and was ordered to surrender at a later date to begin serving his sentence.

On August 19, 2017, the Contra Costa Internet Crimes Against Children (ICAC) Task Force launched an investigation into Chew. Agencies involved in this investigation include the Office of the Sheriff, District Attorney’s Office, and Lafayette and Concord Police Departments.

During the investigation, search warrants were served on Chew’s home on Harper Court in Lafayette and at his office at the Oakland Fire Department. Child pornography was found on a laptop computer belonging to Chew.  On September 7, 2017, Chew was charged with two counts of possession of child pornography by the District Attorney’s Office.  By his guilty plea, Chew admitted that on August 31, 2017, he possessed photographs and videos depicting minors engaged in sexual activity.

ICAC is a multi-agency task force managed by the San Jose Police Department. In Contra Costa County, detectives and investigators from the Walnut Creek, Martinez, San Ramon, Concord, and Moraga police departments, the Office of the Sheriff, County Probation Department, and District Attorney’s Office participate in the task force.

Parents are encouraged to discuss online safety with their children and can visit the website www.kidsmartz.org for further information.

Walnut Creek middle school teacher, a Martinez resident charged with multiple sex and child porn offenses

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Michael Bartel from his Facebook page.

Michael Bartel in happier times. From his page on Facebook.

Includes sexual assault of a child under the age of 10 and arranging to meet a minor for sex

On Friday, Nov. 3, 2017, investigators from the Martinez Police Department, Contra Costa County Sheriff’s Office, and District Attorney’s Office arrested 33-year-old Martinez resident Michael Bartel for sexual assault of a child and arranging to meet a minor for sex. Bartel was booked Friday evening at the Martinez Detention Facility. His bail was set at $16 million. Bartel is a science teacher at Walnut Creek Intermediate in Walnut Creek. There is currently no indication Bartel victimized a student at the school.

Bartel’s arrest was a result of an investigation initiated by the Martinez Police Department. Martinez police detectives learned Bartel was talking online with others and had made statements about molesting children. Martinez police detectives, along with investigators from the Internet Crimes Against Children Task Force launched an investigation to determine if the statements were true. After a weeklong investigation, Bartel was arrested during a traffic stop at approximately 1:30 p.m. on Friday afternoon at the intersection of Danville Blvd. and Camille Lane in Alamo.

Michael Bartel upon being booked into county jail.

Friday afternoon, investigators from the Walnut Creek Police Department executed a search warrant at Bartel’s classroom at Walnut Creek Intermediate and notified the school administration of the arrest. Later that afternoon, investigators from the Martinez Police Department with substantial assistance from the Contra Costa County Sheriff’s Office, Contra Costa County Crime Lab and District Attorney’s Office searched Bartle’s home in Martinez.

On Monday, November 6, 2017, the District Attorney’s Office filed a 16-count criminal complaint against Bartel. The charges include multiple sex offenses against a child under the age of 10 including oral copulation, arranging to meet a minor for sex and possession and distribution of child pornography.

Bartel will make his first appearance in court on Tuesday November 7, 2017 at 8:45 a.m. in front of the Honorable John Laettner for arraignment. Bartel remains in custody of the Contra Costa County Sheriff.

Anyone with investigative information should contact Senior Inspector Darryl Holcombe, Contra Costa County District Attorney’s Office at (925) 957-2263.

San Ramon-based 24 Hour Fitness to pay $1.2 million penalty for consumer protection violations

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Settlement will also include costs and restitution for misleading customers by falsely promising guaranteed annual renewal rates to obtain up-front fees

MARTINEZ, California — Contra Costa District Attorney Diana Becton, in conjunction with Orange County District Attorney Tony Rackauckas, announced that on November 1, 2017, the District Attorney’s Consumer Protection Divisions reached a consumer protection settlement of $1.2 million in civil penalties against 24 Hour Fitness, Inc. The company must also pay $100,000 in costs to the County of Orange and Contra Costa, as well as pay restitution to the members who were misled by the promises of a low lifetime annual renewal rate in exchange for large up-front membership fees.

24 Hour Fitness is headquartered in San Ramon, Contra Costa County, California and has 400+ membership fitness gyms in 18 states, of which 140 are located in California. The allegations against 24 Hour Fitness state that between 2006 and 2009, 24 Hour sold pre-paid memberships in a false and misleading manner when 24 Hour sales representatives took large up-front fees for an initial 2 or 3-year membership period, with the promise that members would be guaranteed a low life-time annual renewal rate for life, as long as the member remained in good standing by paying their annual renewal fee on time. The up-front fees ranged from $600 to over $1400 with a promise of a fixed annual renewal rate between $29-$199 a year.

In 2006, 24 Hour made changes to the language of their pre-paid membership contracts that allowed for annual rate increases, but the District Attorneys alleged that 24 Hour sales representatives continued to sell these post-April 2006 memberships with verbal promises that their annual renewal rates would be guaranteed fixed for life. Consumers also believed they were misled by the verbal representations and in 2015, when 24 Hour began increasing annual renewal rates, they complained to the Company and the Better Business Bureau. They also started an on-line petition protesting the company’s broken promises.

The complaint alleges that 24 Hour refused to honor the verbal guarantees, so members who refused to pay the increased annual rate had their memberships terminated after having paid the large up-front fees or forced members to pay the increased rates.

The Settlement requires that 24 Hour Fitness allow pre-paid members to renew their memberships at the promised low annual lifetime renewal rate, if the member submits a claim form and declaration that they were told by a 24 Hour sales representative that their annual rate was guaranteed to remain the same for life.  All past and present 24 Hour Fitness members, who purchased post 2006 pre-paid membership contracts, or were updated to these contracts, and either paid the increase or were terminated for failure to pay the increase, will be sent a notice with instructions on how, where and when to submit their forms and declarations.

The District Attorney’s Offices want to make it clear that, if you receive a notice, it means you have one of the new contracts that allows for the increase, even if your rate has not yet been increased. It is important, that if you were promised a lifetime guaranteed annual renewal rate you must fill out the claim form and declaration to preserve or reinstate your guaranteed annual renewal rate. The restitution provisions of this settlement extend to qualifying pre-paid members nationwide.

24 Hour Fitness admitted no wrong-doing in the Settlement Agreement.

Deputy District Attorney Michelle Cipolletti from the Orange County District Attorney’s Consumer Protection Unit and Deputy District Attorney Dodie Katague from the Contra Costa Consumer Protection Unit prosecuted this case.

For further information, please contact DDA Dodie Katague at 925-957-8604.

Graves kicks off campaign for District Attorney with county’s law enforcement leadership

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Senior Deputy DA Paul Graves speaks to his supporters at the kick-off of his campaign for DA on Friday, Sept. 22. Photos by Katie DeFerrari

“This election has become about the future of Contra Costa County” – Paul Graves

By Allen Payton

On Friday night, Sept. 22, about 100 people gathered in Pleasant Hill to help Contra Costa County’s Senior Deputy District Attorney Paul Graves officially kick off his campaign for DA in next year’s election.

Surrounded by colleagues in the DA’s office, two former District Attorneys, police officers, deputy sheriffs and even criminal defense attorneys who represent the people he prosecutes,  Graves was showered with accolades from leaders in county law enforcement.

Deputy District Attorney Colleen Gleason was first to share her thoughts about her colleague.

“Paul is a leader. He’s right there in the trenches with you,” she stated. “Nobody works harder on Paul’s team than Paul. That’s the kind of leader Paul is.”

“You knew he had your back,” Gleason shared of her experience working with Graves. “He had only one rule. You kept in contact with your victims’ families. This is a job of service. Paul leads by example and through service.”

“He is a natural born problem solver. Paul is known as being one of the best strategic thinkers in the legal community. There’s always a line out the door of his office,” she continued. “He’s fought at every level. He knows the terrain. He knows the community, what works and what still needs work.”

“He has a plan for attacking human trafficking in our streets. He has a plan for preventing crime. He also has the ability to sell these ideas. That’s because he’s won the respect with everyone he’s worked with,” Gleason said. “Over the past few months I’ve seen him win over people who didn’t want to like him. As he put it, he kept making friends. Paul is able to bring out the best in the people around him.”

Regarding the campaign, she said, “this is a fight he needs to win not just for him but for all the community. This time he needs us to have his back.”

“Paul is not only the leader this county deserves but the problem solver it needs,” Gleason concluded.

Graves kick-off attracted a large turn-out of family, friends, colleagues in law enforcement and other supporters.

Next to speak and share his perspective on Graves was Deputy Sheriff’s Association President Sean Welch.

The word got around and people were asking, “Did you hear Paul’s running? I knew it was all over for the others in the race,” he stated.

“We know him as a great leader for us. He’s the type of guy who takes the investigator’s hands and walks them through the process to make sure they’re convicted and go to prison,” Welch explained. “Tact, integrity, honest and truthful. Sound principles above all else. Confidence, knowledge, loyalty, endurance. These are all things I look for in a good leader and I believe that Paul represents all of them.”

“The DA has goals of keeping people safe,” he shared. “Paul respects victims of crime and their rights,” but he will “hold criminals accountable for their actions.”

“Diana Becton and another person on that list were caught plagiarizing. To think she actually got picked as the interim DA,” said Welch. “The worst thing you can do as a law enforcement officer is to lie especially on their forms. To me it is unforgivable. I would no longer have a job. For a simple copy and paste of a sentence, one sentence. It was disheartening that was looked over.”

He continued his criticism of Becton saying, “she’s never been a prosecutor. She’s never done it. The stories of people taking a nap during the day and people had to wait around. She has been a public defender. It’s kind of the opposite side.”

“One thing that was amazing to me being in law enforcement after the plagiarism, the local paper endorsed him (Graves). Even the paper’s behind him,” Welch added. “We take it very seriously when we get behind someone.”

“The majority of all law enforcement in the county are supporting Paul,” said Clayton Councilman Dave Shuey, the MC for the evening. “His amazing empathy. Even some defendants come back and tell him he did a good job. One particular defendant he put away who came back and thanked Paul for it.”

“I’ve been a defense attorney for 25-plus years,” he stated. “Paul has the unique ability to look at both sides. He never loses sight of the victims and he wants to do right by the families.”

Shuey then introduced Graves’ wife and children.

“He’s done 70 trials and had 20 convictions of people, in prison for life who are never coming out again,” he added as he introduced the candidate.

Then Graves spoke to his supporters in the room.

“I look around the room and I cannot be anything but fired up and excited about this campaign,” he exclaimed.

He introduced former District Attorney Gary Yancey, saying, “he taught me what I needed to know about being a prosecutor. It’s about appreciating people in the office. I’ve patterned my work as a prosecutor on Gary Yancey.”

“Then I got to work with Bob Kochly (who was also in attendance) who became my next DA. Honesty and integrity,” Graves stated. “It makes me feel like I’m standing in from of my dad and he’s saying ‘you done good and you got this.’”

“It’s about the people in the community,” he continued. “For years I coached a baseball team, the Bulldogs. Seeing them now as young men, I can’t tell you how much it means to have them here. These are the families a DA needs to remember, who want to be raised in a safe community.”

Then Graves spoke about his colleagues in local law enforcement.

“The vast majority of the people who are here are in law enforcement,” he stated. “They work long hours. They work late nights. To have their support is really humbling. They see me day to day.”

Graves thanked his wife and children.

“Nothing prepares you for a county wide campaign,” he explained. “I feel like a bad husband and father for it. But they want me to do what’s right.”

Speaking of his wife, Graves said, “she’s my moral compass and the greatest person I’ve ever met. I’m just trying to be half the person she is.”

He then shared how he made the decision to run, first against his then-boss, Mark Peterson.

“Back in May,” Graves started to explain then stopped. “It was actually something that started in our office last November. I had the people in our office who I respect ask me to step up and run. It was a difficult decision.”

“I talked to my wife and told her I was going to run against my boss and I will probably get demoted and if I lose my career,” he shared. “She said we’ve always tried to do the right thing. This is the right thing. So, let’s do it.”

Then Graves shared about the support from his colleagues.

“I looked to the left and to the right and everyone stepped forward with me,” he stated. “This campaign has never been about me. It’s about us. I’m not running for me. We’re running for this position together.”

Graves then shared some of the reasons he wants to be Contra Costa’s next District Attorney.

“Honesty, integrity and ethics are the primary concerns of this office,” he stated. “Who will put public safety first? Who cares that we can drive on our freeways without getting shot at, about human trafficking? Who cares about victims of crime?”

“It’s not going to be easy. But when you’re doing it for the right reason, for the right cause nothing is lost,” Graves said, encouraging his supporters. “When we go forward we need to know what this campaign is about. This election has now become about the future of Contra Costa County. The battle lines have been drawn. I’m going to keep fighting for you.”

“We need to fight together for this. I will never quit. I will fight for this county until my dying breath. Where public safety is taken first where victims’ rights are the focus and an office that people say that’s where I want to work,” Graves concluded.

For more information about Graves’ campaign, visit, www.paulgravesforda.com. The election will be held in June 2018. If no candidates wins during the Primary, the top two vote-getters will face off in the General Election next November.

New Contra Costa DA Becton takes oath of office, begins her interim tenure

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Diana Becton was given her oath of office as the interim Contra Costa County District Attorney by Board of Supervisors Chairman Federal Glover on Monday, Sept. 18, 2017 as the other Supervisors, John Gioia, Candace Andersen, Diane Burgis and Karen Mitchoff look on. Photos by David Fraser, Office of Supervisor Federal Glover

An overflow crowd of friends, family, colleagues and supporters gathered in the District Attorney’s Office Community Room for the ceremony.

By Allen Payton

Retired Superior Court Judge Diana Becton was sworn in as the new District Attorney for Contra Costa County on Monday, September 18th, at 4:30 p.m.  The oath of office was administered by Chairman of the Board of Supervisors, Federal Glover in the District Attorney’s Community Room in Martinez.

“I am honored to have been chosen by the Board of Supervisors to serve the people of Contra Costa County,” she said. “With over two decades of experience in the administration of justice and the practice of criminal law, I am excited by this new opportunity to reform our justice system and restore integrity to the DA’s office. I look forward to serving alongside law enforcement and county prosecutors to promote public safety, equality, fairness, and confidence in our courts and legal system.”

The overflow crowd included friends, colleagues and supporters, as well as her new office staff including her Deputy District Attorney overflowing into and standing in the hallway outside.

A Bay Area native, Becton attended Oakland public schools and received her B.A. in economics from S.F. State University and her J.D. from Golden Gate University Law School. She worked as the Housing Finance & Development Supervisor for the City of Richmond from 1979 to 1987. Prior to that she worked as the Housing Finance Corporation Manager Becton then worked as attorney in private practice from 1987 until 1995, first as a partner of Alexander & Becton (Brown) Law Offices which had has many as nine lawyers. Later she operated her own law practice, which according to her application for the appointment, “focused on litigation in real estate, business, landlord tenant, personal injury and criminal cases.”

Although Becton has no experience prosecuting criminal cases, in private practice she “was responsible for both criminal and juvenile cases. I appeared at arraignments and bail hearings, analyzed cases, talked to witnesses to determine what happened, identified strengths and weaknesses, participated in plea bargaining and resolution, developed trial strategies, conducted jury selection, opening statements, questioned witnesses, prepared law and motion, and presented closing arguments,” also according to her application. DBecton DA apptmt application

She was appointed to the court in 1995 by Gov. Pete Wilson and presided over a diverse collection of misdemeanor, felony, civil, mental health and juvenile cases.

In 2011, Becton was elected Presiding Judge of the Contra Costa Superior Court. In this capacity, she was responsible for leading the court and managing its staff and resources, including an annual budget of approximately $56 million. In 2012, Becton received the Rose Bird Memorial Award for judicial excellence from the California Women Lawyers. She subsequently served as President of the National Association of Women Judges.

In 2013 she obtained her Real Estate Broker’s license which expired in January. 2015, Becton earned her Master’s degree in Theology from the Pacific School of Religion in Berkeley. Upon her appointment, she became the first African American and first female Contra Costa County District Attorney.

“This job is a tremendous responsibility,” Becton said. “I am committed to restoring public trust in the DA’s office. The people of Contra Costa County need to be confident in their judicial system, and I will work tirelessly with law enforcement, deputy district attorneys, and public defenders to rebuild that trust. As District Attorney, I want to bring people together to improve our office’s accountability and encourage community engagement throughout Contra Costa County.”

According to a news release from the county, it was an informal ceremony at which the constitutional oath of office necessary for Becton to assume office was administered.  The ceremonial investiture proceeding that traditionally accompanies the District Attorney’s assumption of office will be held in the Board of Supervisors’ Chambers at some point in the near future, for the public to witness. The election for District Attorney will be held next June.

Orinda child psychologist charged with child porn violates conditions of release, returns to jail

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Kenneth Breslin. File photo

Lafayette resident was owner of “A Child’s Point Of View” psychotherapy practice, pays $100,000 in restitution, so far

By Allen Payton

Orinda child psychologist Kenneth Breslin was arrested for possession of child pornography on October 5, 2016 which was announced by the Contra Costa District Attorney’s office. According to the U.S. Attorney’s Office District of Northern California, for many years, Breslin now age 69, of Lafayette, Calif., was the Director and Owner of “A Child’s Point of View,” an Orinda-based office that provided adolescent, adult, and family psychotherapy services. (See related article).

A federal grand jury in Oakland indicted him on December 15, 2016, with possession of child pornography. It was announced by United States Attorney Brian J. Stretch and U.S. Immigrations and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Ryan L. Spradlin.

In a press release from the state Board of Psychology on November 9, “Antonette Sorrick, Executive Officer of the Board, released the following statement regarding Dr. Kenneth Allen Breslin: ‘The protection of the citizens of California is paramount to the Board of Psychology and I want the public to know that the Board will move as fast as possible to investigate the allegations regarding Dr. Kenneth Allen Breslin. In the interim, I urge current and future patients to always check the license of their practitioners for their protection and peace of mind.’”

The Board also committed to “take steps to discipline Dr. Breslin’s license and further restrict his ability to practice psychology after further investigation, or action on the criminal matter.”

Breslin was prohibited from practicing psychology pursuant to a Contra Costa Superior Court order issued on November 28, 2016. He later lost his license to practice psychology. The state Board moved to revoke his license for various violations related to the case and he signed a document saying he wouldn’t contest the action.

Breslin was arrested at his residence on December 18, 2016, and made his initial appearance in federal court in San Francisco on December 19.

According to the indictment, Breslin was alleged to have knowingly possessed, and accessed with intent to view, child pornography.  He was charged with one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B).

Breslin was held in the custody of the United States Marshals Service until his appearance December 21, 2016, for a detention hearing before the Honorable Jacqueline Scott Corley, U.S. Magistrate Judge.

He was released on December 21 pending sentencing with the stipulations that he “shall not access the internet & shall not use or possess any computer.” During the detention hearing, Judge Corley confirmed that Breslin “may not use a smart phone, or anything capable of accessing the internet.” He and his sister both signed a $150,000 bond as a promise to pay against property they owned.

However, Breslin violated his release conditions two times by accessing the internet. According to court documents, “Breslin admitted to (Pretrial Services) Officer (Anthony) Granados that he had been using the iPhone regularly to access the internet but denied he was using it for anything illegal. Id. During multiple hearings that resulted from the bond violation, Magistrate Corley found that Breslin had violated the condition that he not access the internet by clear and convincing evidence. The government announced its intention to file a motion to forfeit the bond.”  minute_order_remanding_to_custody

Because of that, two weeks ago, Breslin’s bond was revoked and he was taken back into custody and had to forfeit $100,000. The court agreed that would be the maximum amount. The day he returned to court, Breslin brought in a check for $100,000 for victim restitution, or anything else the court might order, if the restitution amount is less. signed_order_deposit_100K_into_registry     Dkt.48_Surety Bond receipt

According to court documents, “The United States Attorney’s Office has already received more than six requests for restitution from victims of the child pornography materials Breslin possessed, and more restitution requests are expected. The parties have not reached any agreement about the amount of restitution the Court should order, and this stipulation does not indicate that Breslin agrees to pay any particular amount of restitution to any victim in the case. Additionally, a $5,100 special assessment applies in this case, pursuant to 18 U.S.C. §§ 3013 and 3014. As part of the judgment in this case, the District Court may also impose a fine and forfeiture of certain assets.”

Breslin will not enter a guilty plea until his next court date, when he will also be sentenced. According to the U.S. Attorney’s office, he could face “a maximum sentence of 20 years in prison, and a fine of $250,000, plus restitution.  However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.”

The trial had been scheduled for October 26, but it is now being moved to sometime in December.

Assistant U.S. Attorneys Christina McCall and Erin Cornell are prosecuting the case with the assistance of Vanessa Quant, Trina Khadoo, and Michelle Alter Eck.  The prosecution is the result of an investigation by HSI, the Silicon Valley Internet Crimes Against Children’s Task Force, and the Contra Costa District Attorney’s Office.

DA’s office expands education outreach on cyber-bullying, campus and online safety for kids

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Starting on September 14, 2017, the Contra Costa County District Attorney’s Office Sexual Assault Unit, in conjunction with the Silicon Valley Internet Crimes Against Children Task Force, expanded an outreach program directed at parents, teachers and students on the topics of cyber-bullying, campus sexual assault awareness and online safety for kids.  The presentations are aimed at educating parents and teachers on new trends involving social media, as well as providing students with information and tools to improve campus safety and prevent online exploitation.

“The effort was started last year, first at DVC,” according to Senior Deputy District Attorney Paul Graves. “The first presentation in a high school was at Campolindo in Moraga.”

“Since then we’ve been working with police officers and those in our office on the task force,” he continued. “Campus sexual assault awareness is geared toward high school seniors and community colleges, due to the content. The cyberbullying and online safety for kids is for everyone, but mainly targeted to middle school students and parents, with presentations for both,”

“We’ve been working to have somewhere for schools to call to have presentations made for students and parents,” Graves added.

Schools, community organizations and parent/teacher groups who are interested in learning more can call Deputy District Attorney Lauren Whalen at 925-957-8603. 

Graves to hold campaign kick-off for Contra Costa DA in Pleasant Hill Friday

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Contra Costa Senior Deputy District Attorney Paul Graves. photo courtesy of Paul Graves for DA

The campaign for Senior Deputy District Attorney Paul Graves, running for Contra Costa District Attorney in next June’s election, announced they will hold a Kickoff Celebration this Friday, September 22. The event will be held at the Pleasant Hill Senior Center, 223 Gregory Lane from 5:30 – 7:30 PM.

Join Paul Graves and his supporters for drinks and tacos to celebrate. All are welcome. RSVP through their Eventbrite page.