Contra Costa Herald

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

Bay Area Toll Authority extends public comment period on proposed 2026 toll hike, carpool policy changes

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Bay Bridge Toll Plaza from MTC website. By Noah-Berger

Until Dec. 18

Authority board considering increasing to as high as $11.50 to pay “exclusively for bridge preservation and operations” in spite of three voter-approved $1 increases

“A Thanksgiving/holiday season decision is a hide the ball strategy. Not good.” – State Senator Steve Glazer

By John Goodwin & Rebecca Long, MTC

November 20, 2024 update: The public comment period on the Bay Area Toll Authority’s proposed toll increase and HOV policy changes is extended through the end of public comment heard on the agenda item for BATA’s December 18, 2024 meeting.  All public written and oral comments provided through that time will be incorporated into the record. However, in order for comments to be summarized and published in the agenda packet and distributed in advance of consideration of this item at the December 11, 2024, BATA Oversight Committee meeting, they must be submitted by 5 p.m. December 3, 2024. 

BATA — which is required by state law to fund projects to preserve and protect the Bay Area’s seven state-owned toll bridges — today heard again a proposal for a toll increase that would be used only to pay for the maintenance, rehabilitation and operation of the San Francisco-Oakland Bay Bridge and the Antioch, Benicia-Martinez, Carquinez, Dumbarton, Richmond-San Rafael and San Mateo-Hayward bridges. If approved by BATA at its December 18 meeting, the toll increase would be phased in over five years, beginning Jan. 1, 2026. 

Source: BATA

The toll increase proposal includes a tiered rate structure aimed at encouraging more customers to pay electronically with FasTrak® toll tags, as this form of payment carries lower administrative costs than payment through a license plate account or returning payment with an invoice received by mail. Under the proposal, customers would pay a premium for using a pre-registered license plate account or for invoiced tolling. To give customers ample time to sign up for FasTrak, this premium would not begin until 2027. 

The proposed toll hike is separate from the $3 increase approved by Bay Area voters in 2018 through Regional Measure 3 to finance a comprehensive suite of highway and transit improvements around the region. The first of the three $1 Regional Measure 3 toll increases went into effect in 2019, followed by another in 2022. The last of the RM 3 toll hikes will go into effect Jan. 1, 2025, bringing the toll for regular two-axle cars and trucks to $8.

The proposal heard today by BATA calls for tolls for all regular two-axle cars and trucks to increase to $8.50 on Jan. 1, 2026. Tolls for customers who pay with FasTrak tags would then rise to $9 in 2027; to $9.50 in 2028; to $10 in 2029; and then to $10.50 in 2030. Tolls for customers who use a pre-registered license plate account would rise to $9.25 in 2027; to $9.75 in 2028; to $10.25 in 2029 and to $10.75 in 2030. Invoiced tolls would rise to $10 in 2027; $10.50 in 2028; $11 in 2029; and $11.50 in 2030. The Golden Gate Bridge has used a tiered pricing schedule since 2014. Golden Gate Bridge tolls by July 2028 will range from $11.25 for FasTrak to $11.50 for license plate accounts to $12.25 for invoice customers.

Under the proposed toll increase, tolls for large freight trucks and other vehicle/trailer combinations with three or more axles would rise by 50 cents per axle each year from 2026 through 2030. 

Removing spalled on concrete on pier cap 305. Photo: CalTrans

“I’m sensitive to the overall cost of living in the Bay Area,” acknowledged Napa County Supervisor Alfredo Pedroza, who also serves as chair of both BATA and the Metropolitan Transportation Commission (MTC). “Working families really feel the impact, not just in transportation but back at home with utilities, groceries, children. This one is hard. But it’s the right thing to do.”

BATA and MTC invite members of the public to weigh in on the proposed toll increase during a comment period that begins Monday, Nov.4, and continues through the end of BATA’s Dec. 18 meeting. Comments may be sent via email to info@bayareametro.gov. As part of its regular November meeting, BATA today held a public hearing in San Francisco to receive testimony about the proposal from Bay Area residents, businesses and other interested parties. 

Today’s presentation by BATA and MTC staff also proposed updates to the policies for high-occupancy vehicles on approaches to the Bay Area’s state-owned toll bridges. These updates would take effect Jan. 1, 2026, concurrent with the proposed toll increase. BATA’s  existing toll schedule allows vehicles with three or more occupants (HOV 3+) a discounted toll, with a two-person (HOV 2) occupancy requirement for half-price tolls at the Dumbarton and San Mateo-Hayward bridges. BATA and MTC staff propose to establish a uniform three-person occupancy requirement for half-price tolls during weekday commute periods at all seven bridges. Carpool vehicles at all state-owned bridges must use a dedicated carpool lane and pay their tolls with a FasTrak Flex toll tag set to the ‘3’ position to receive the 50 percent discount available weekdays from 5 a.m. to 10 a.m. and from 3 p.m. to 7 p.m.

Source: BATA

The proposed carpool policy changes also would allow vehicles with two occupants and a switchable FasTrak Flex toll tag set to the ‘2’ position to use the carpool lanes on the approaches to the Antioch, Benicia-Martinez, Carquinez, Dumbarton, Richmond-San Rafael and San Mateo-Hayward bridges. These two-occupant vehicles would not receive the 50 percent carpool discount but would be able to use the carpool lanes to save time traveling through the toll plazas. Use of the carpool lanes on approaches to the San Francisco-Oakland Bay Bridge still would require a minimum of three occupants.

The new carpool policy proposals are designed to improve safety on the toll bridge approaches by minimizing ‘weaving’ between lanes and to increase person-throughput by prioritizing access for buses and carpools. The policy change also would optimize lane configurations as now-obsolete toll booths are removed as part of the coming transition to open-road tolling.  

BATA, which is directed by the same policy board as MTC, administers toll revenues from the Bay Area’s seven state-owned toll bridges. Toll revenues from the Golden Gate Bridge are administered by the Golden Gate Bridge, Highway and Transportation District, which joined with BATA to operate a single regional FasTrak customer service center in San Francisco. MTC is the transportation planning, financing and coordinating agency for the nine-county San Francisco Bay Area.

In response to a post of the link to this press release on X/Twitter on Wednesday, Nov. 30, State Senator Steve Glazer, who represents most of Contra Costa County, protested the proposed toll hikes writing, “Why was this need not identified and incorporated during the last toll increase in 2018? You don’t buy a boat and a new car when you don’t have the $ to fix the roof! A Thanksgiving/holiday season decision is a hide the ball strategy. Not good.”

Allen D. Payton contributed to this report.

 

CA State Parks’ Office of Historic Preservation announces start of State Historic Rehabilitation Tax Credit Program

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John Muir home in Martinez (Source: National Park Service) and El Campanil Theatre in Antioch. (Source: El Campanil Theatre)

Property owners can apply for the credit to rehabilitate and maintain their historical buildings and qualified residences

SACRAMENTO — California State Parks’ Office of Historic Preservation (OHP) announced today it will begin accepting applications for the State Historic Rehabilitation Tax Credit Program at 8 a.m. on Jan. 6, 2025. California property owners can apply for the credit to rehabilitate and maintain their historical buildings and qualified residences, retaining Californians’ link to the past while keeping historic buildings and homes relevant in the present and beyond.

The tax credit program provides a 20% credit for qualified rehabilitation expenditures (or 25% credit if the structure meets specified criteria) for rehabilitation of a certified historic structure or a qualified residence, as provided, within the state to be allocated on a first-come-first-served basis by the California Tax Credit Allocation Committee, in conjunction with OHP. A total of $50 million is available for allocation.

In preparation for this program, OHP is holding two virtual informational sessions on eligibility qualifications, completing the application and documentation requirements, with time allotted for questions and answers. The sessions will be held:

Application instructions, forms, frequently asked questions and program regulations can be found on the OHP’s State Historic Rehabilitation Tax Credit site. Potential applicants are recommended to read the program information in advance of the informational sessions. For information about the tax credit program, please contact Deputy State Historic Preservation Officer Jody L. Brown at Jody.L.Brown@parks.ca.gov.

The OHP administers federal and state mandated historic preservation programs to further the identification, evaluation, registration and protection of California’s irreplaceable resources, and promotes the care, maintenance, relevance and reuse of California’s historic properties.

The California Department of Parks and Recreation, popularly known as State Parks, and the programs supported by its Office of Historic Preservation and divisions of Boating and Waterways and Off-Highway Motor Vehicle Recreation provide for the health, inspiration and education of the people of California by helping to preserve the state’s extraordinary biological diversity, protecting its most valued natural and cultural resources, and creating opportunities for high-quality outdoor recreation. Learn more at parks.ca.gov.

Legal earthquake: Federal jury in SF awards millions to BART workers denied religious accommodations

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Fired for not taking COVID-19 vaccine, one employee from San Pablo

San Francisco, CA. –  A federal jury on Wednesday, Oct. 23, 2024, delivered a stunning blow to Bay Area officials who denied every religious accommodation requested by workers to its COVID-19 vaccine mandate.

The eight-person jury deliberated for two days before unanimously awarding six former employees of San Francisco Bay Area Rapid Transit District (BART) more than $1 million each, for a total of about $7.8 million. The employees have been represented by Pacific Justice Institute since 2022.

On Friday, Oct. 18, the jury first determined that BART failed to prove an undue hardship in denying any accommodations to the employees. Yesterday, the jury further concluded that all of the employees had met their burden of showing a genuine conflict between their faith and the vaccine requirement, which was implemented in late 2021. The jury then accepted the numbers calculated by the plaintiffs’ economic expert for lost wages and added $1 million to each of those figures.

Brad Dacus, president of PJI, commented, “These verdicts are seismic—a 7.8 San Francisco legal earthquake. This amazing outcome represents so much hard work by our team, perseverance by these clients, and fairness from our judicial system.”

Kevin Snider, PJI’s Chief Counsel who served as lead trial counsel, commented, “The rail employees chose to lose their livelihood rather than deny their faith. That in itself shows the sincerity and depth of their convictions. After nearly three years of struggle, these essential workers feel they were heard and understood by the jury and are overjoyed and relieved by the verdict.”

During the trial, jurors heard compelling testimony from dedicated employees. One of the plaintiffs had worked for more than 30 years for BART, with a stretch of 10 years perfect attendance, before being unceremoniously dismissed. Another had been out on workers comp for months, with no scheduled return date, when she was fired. BART had also argued that several of the employees’ conflicts with taking the vaccine were more secular than religious. The jury disagreed.

PJI’s trial attorneys in this case consisted of Kevin T. Snider, Matthew B. McReynolds, and Milton E. Matchak. PJI was joined at trial by co-counsel Jessica R. Barsotti. Nationwide, PJI continues to represent hundreds of dedicated employees who lost their jobs after they sought and were denied religious accommodations to the COVID-19 vaccines. This week’s verdicts are expected to impact many of those pending cases.

The BART employees’ case number is 3:22-cv-06119-WHA.

California Family Council Comments on Court Victory

In addition, the California Family Council wrote the following on their website (republished with permission):

Victory for Conscience: Fired BART Employees Secure Million-Dollar Settlement Over Vaccine Mandate

In a case that sends a powerful message on the importance of religious liberty, a San Francisco jury awarded more than $7 million to former Bay Area Rapid Transit (BART) employees who were terminated for refusing the COVID-19 vaccine on religious grounds. Represented by the Pacific Justice Institute (PJI), these employees sacrificed their careers rather than compromise their deeply held convictions—a stand that has now been vindicated in court, both legally and morally.

A Stand for Faith Over Career

This case, centered on BART’s refusal to accommodate employees’ sincere religious objections, highlighted the tensions between public health policies and individual rights to religious freedom. For these former BART workers, faith was not just a private belief but a guiding principle that defined how they lived and worked. In the face of mounting pressures, they made a difficult choice: to lose their jobs rather than violate their consciences. According to Kevin Snider, PJI’s Chief Counsel and lead trial attorney on the case, “The rail employees chose to lose their livelihood rather than deny their faith. That in itself shows the sincerity and depth of their convictions. After nearly three years of struggle, these essential workers feel they were heard and understood by the jury and are overjoyed and relieved by the verdict.”

This lawsuit is part of a broader trend in the courts, where cases involving COVID-19 mandates and religious objections are increasingly ruling in favor of those who held firm to their faith. The jury’s decision represents a milestone in affirming that religious accommodations cannot be set aside, even amid unprecedented health crises. As Reuters noted, similar cases across the country are starting to see victories for individuals who stood by their beliefs rather than comply with mandates they found objectionable on religious grounds.

Pacific Justice Institute Defends Religious Rights in Court

Brad Dacus, President of PJI, emphasized the wider impact of this ruling, saying, “This case sets a legal precedent ensuring that all government agencies honor religious exemptions.” His statement underscores that this case has implications far beyond California and BART; it signals a renewed commitment to protecting religious rights across all sectors, reminding government agencies and private employers alike that religious liberty is a constitutional right, not an optional privilege.

Greg Burt, Vice President of the California Family Council, echoed this sentiment, stating, “Employers have an obligation to respect their employees’ religious beliefs by providing reasonable accommodations whenever possible. Religious freedom is foundational, and this decision underscores the importance of honoring that freedom in all facets of public life.” Burt’s comments resonate in a climate where religious rights are often viewed as secondary to policy mandates, reinforcing the idea that true religious freedom requires active respect from employers and institutions.

Integrity and Conviction in the Face of Institutional Pressure

The jury’s award of over $7 million was not merely a financial victory but a resounding affirmation of the workers’ commitment to their principles. It serves as a powerful testament to the fact that religious liberty extends into the workplace and that individuals should not be coerced into choices that violate their faith. The workers’ triumph speaks to the courage it takes to defend one’s beliefs against institutional pressures. The defendants’ win also addresses a broader legal and societal question: How do we, as a nation, protect the conscience rights of individuals amid public mandates? By securing this verdict, the former BART employees underscore the critical importance of faith-based resilience in a culture that increasingly prioritizes compliance over conviction.

This case does more than validate the BART employees’ religious rights—it represents an undercurrent of resistance where faith and courage fuel social change. Their unwavering stance mirrors that of others in history who’ve faced institutional pressures for their beliefs, reminding us that when one group stands firm, they often pave the way for countless others to reclaim their rights. With this landmark decision, these workers have become symbols of integrity and resilience, showing us all that the call to live authentically—faith and all—can transform society in profound ways.

An effort to contact one of the six plaintiffs who lives in San Pablo was unsuccessful prior to publication time. Please check back later for any udpates to this report.

 

 

Valley View Charter Prep granted seven-year renewal

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Personalized learning public school serving Contra Costa County students approved by New Jerusalem Elementary School District

Tracy, CA – On November 12, 2024, the board of trustees for New Jerusalem Elementary School District unanimously approved the seven-year renewal of Valley View Charter Prep, A Pacific Charter Institute School. The seven-year renewal is considered high track according to the California legislature under AB 1505 using the California Dashboard results for the prior two years. Valley View Charter Prep achieved high track status through focused instruction, clear goals, and a cadence of high expectations. This renewal is a testament to the success that Valley View has consistently demonstrated in providing high-quality education to its students though its personalized education approach.

About Valley View Charter Prep

Valley View Charter Prep began operation as a tuition-free public charter school established by Pacific Charter Institute and New Jerusalem Elementary School District in 2014 serving students in Contra Costa and Alameda counties. VVCP serves over 600 students using personalized learning plans, ongoing assessments, and tailored instruction support.

About Pacific Charter Institute

Founded in 2005 with the mission of developing self-motivated, responsible citizens and lifelong learners. Over the last 20 years Pacific Charter Institute has expanded to six charter schools serving over 3,600 students serving 16 counties in Northern California. Pacific Charter Institute focuses on personalized learning ensuring each student has the resources, guidance, and support to become responsible, compassionate, and innovative leaders who are well-prepared to make meaningful contributions to society.

Kaiser Permanente’s Medicare Health Plan in California tied for Highest Rating in the state

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Source: Kaiser Permanente

High rating reflects the expert medicine, seamless care, and outstanding service provided to Kaiser’s 1.4 million Medicare Advantage members

By Antonia Ehlers, PR and Media Relations, Kaiser Permanente Northern California

OAKLAND, CA— Kaiser Permanente’s Medicare health plan in California is rated among the best in the state for providing high-quality, seamless care, and outstanding service to its 1.4 million Medicare Advantage members.

This year, the Kaiser Permanente Medicare health plan in California received 4.5 out of 5 stars, according to the Centers for Medicare & Medicaid Services (CMS) 2025 Star Ratings. In addition, the Kaiser Permanente Medicare health plan in California is tied for the highest star rating in the state.

“These ratings demonstrate our commitment to providing high-quality care and exceptional service to all of our Northern California members, including our Medicare Advantage members,” said Carrie Owen Plietz, FACHE, president of Kaiser Permanente’s Northern California region. “Kaiser Permanente is routinely recognized as being among the nation’s best for improving the health and well-being of our members and patients.”

The Kaiser Permanente Medicare health plan in California has been highly rated – with mostly 4.5 and 5 star ratings – for the past 15 years.

“Our clinicians work together across all specialties to ensure personalized, high-quality care for our patients,” said Maria Ansari, MD, FACC, CEO and executive director of The Permanente Medical Group. “The CMS Star Ratings, along with our nation-leading NCQA ratings, demonstrate the commitment of our physicians and care teams to provide all of our patients with the exceptional and compassionate care they need to live long, healthy lives.”

Ratings reflect high-quality care and service

Every year, CMS publishes Medicare Advantage (Part C) and Medicare prescription drug plan (Part D) ratings. The ratings offer consumers a way to compare the quality of Medicare plans.

To develop the ratings, CMS considers many areas of care and service. For example, it looks at how well health plans keep members healthy and manage their chronic conditions. CMS also considers patient experiences, customer service, patient access, and pharmacy services.

Kaiser Permanente provides care to more than 1.9 million Medicare members in 8 states and the District of Columbia.

Northern and Southern California are rated together as one contract with CMS. Kaiser Permanente’s Dual Eligible-Special Needs Plan (D-SNP) H-contract (H8794) began in California on January 1, 2024, and is too new to be measured for the 2025 Star Ratings. It will be eligible beginning with the 2026 Star Ratings if the contract has sufficient enrollees and measures rated.

Ongoing recognition for Kaiser Permanente’s health plans

The National Committee for Quality Assurance (NCQA) also recently ranked Kaiser Permanente Northern California’s health plans as the highest rated in California – and among the highest in the nation – for providing expert, coordinated care, and exceptional service.

Kaiser Permanente’s Medicare and commercial health plans in Northern California each received 4.5 out of 5 stars, according to NCQA’s 2024 Health Plan Ratings. This was the ninth ratings period that Kaiser Permanente Northern California was the highest-rated plan in the region and among the highest in the country. Nationally, only 8% of the health plans are rated 4.5 stars or higher.

NCQA also ranked Kaiser Permanente Northern California health plans as best in the state for overall treatment, prevention, equity, and patient experience.

Enrolling in a Kaiser Permanente Medicare Health Plan

Medicare’s annual enrollment period for all 2025 Medicare health plans begins on October 15 and runs through December 7, 2024.

Medicare beneficiaries can learn more about the CMS’ star ratings and Kaiser Permanente’s Medicare health plans by visiting kp.org/medicarestars.

About Kaiser Permanente

Kaiser Permanente is committed to helping shape the future of health care. We are recognized as one of America’s leading health care providers and not-for-profit health plans. Founded in 1945, Kaiser Permanente has a mission to provide high-quality, affordable health care services and to improve the health of our members and the communities we serve. We currently serve more than 12.5 million members in 8 states and the District of Columbia. Care for members and patients is focused on their total health and guided by their personal Permanente Medical Group physicians, specialists, and team of caregivers. Our expert and caring medical teams are empowered and supported by industry-leading technology advances and tools for health promotion, disease prevention, state-of-the-art care delivery, and world-class chronic disease management. Kaiser Permanente is dedicated to care innovations, clinical research, health education, and the support of community health. For more information, go to about.kp.org.

CA State Parks encourages off-highway vehicle enthusiasts to ‘Share the Trails’ during Fall OHV Safety Week

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Basic Visitor services Training, Prairie City State Vehicle Recreation Area. ©2018, California State Parks. Photo by Brian Baer

November 16-24

SACRAMENTO — California State Parks invites all off-roading enthusiasts to the Off-Highway Motor Vehicle Recreation (OHMVR) Division’s Fall OHV Safety Week from Nov. 16 to 24. This year’s theme, “Share the Trails,” focuses on fostering respect, responsibility and a sense of community for all who enjoy California’s diverse off-highway trails.

“We encourage all riders to participate in the second OHV Safety Week of the year and embrace this year’s theme,” said OHMVR Division Chief Callan McLaughlin. “By sharing the trails responsibly, we’re ensuring safer, more enjoyable off-highway experiences for everyone while also protecting the environment we all cherish.”

As riders hit the trails this season – whether on all-terrain vehicles (ATVs), dirt bikes, recreational off-highway vehicles (ROVs) or 4x4s – it’s important to remember these four guiding principles:

  • Stay to the Right: When operating an off-highway vehicle (OHV) on trails, especially in shared areas, always stay to the right. This one simple action makes a big difference in helping traffic flow smoothly and preventing collisions.
  • Share Your Knowledge: Seasoned riders, here’s your chance to ensure future generations can enjoy the same thrilling experiences. Help newcomers by sharing tips on safety, trail etiquette and environmental stewardship.
  • Ride Smart: Know the terrain and what to expect, and ride at a speed that is safe for the trail and conditions. Never ride or drive while intoxicated.
  • Ride With Respect: Follow posted signs, avoid sensitive habits and follow “Leave No Trace” practices. Treating the trails, fellow riders and the environment with respect is key to preserving California’s off-highway areas for years to come.

Remember – everyone on the trail has a role in creating a safer, more informed off-highway recreation community.

Throughout Fall OHV Safety Week, the OHMVR Division will work with its partners to share safety tips, educational content, videos and activities on social media to raise awareness about trail etiquette and encourage responsible riding. Additionally, several state vehicular recreation areas (SVRAs) such as Oceano Dunes, Prairie City and Clay Pit will be offering free ATV, ROV and motorcycle safety classes — a great opportunity to build confidence and skills. Some SVRAs are also hosting additional special events during Fall Safety Week, such as Junior Ranger programs and a family ride. For information on the free safety classes and other events, visit the California Outdoor Recreation Foundation website for schedules and sign-up information, and check with the SVRA you want to visit. Local OHV parks will also be hosting special events, workshops and OHV safety training.

For more information on OHV Fall Safety Week, resources on OHV safety, or to find an SVRA near you, please visit ohv.parks.ca.gov.

A Big Thank You to Our Partners

The OHMVR Division is grateful to its partners – Tread Lightly! Initiative, California Highway Patrol, California Outdoor Recreation Foundation, Specialty Vehicle Institute of America, ATV Safety Institute (ASI),  Recreational Off-Highway Vehicle Association (ROHVA), Motorcycle Industry Council and Motorcycle Safety Foundation (MSF) – for their invaluable support in making Fall OHV Safety Week a success.

About the OHMVR Division

California’s OHMVR Program was created in 1971 out of the critical need to better manage the growing demands for OHV recreation, while fostering respect for private property rights and protecting the state’s natural and cultural resources. Today, there are nine SVRAs across California: Carnegie, Clay Pit, Eastern Kern County Onyx Ranch, Heber Dunes, Hollister Hills, Hungry Valley, Oceano Dunes, Ocotillo Wells and Prairie City. The OHMVR program also supports safe and responsible OHV recreation beyond the state park system. Since 1971, more than $833 million in grants, managed by the OHMVR Division, have been awarded to federal and local partners, funding acquisition and development, resource protection, safety and education, and law enforcement for OHV recreation. For more information about the OHMVR Division, including grant opportunities, please visit ohv.parks.ca.gov.

In October 2020, the California OHMVR Commission passed a resolution dedicating two weeks of the year to promote and focus on safe and responsible OHV practices.

Part 1 of 2: Former Antioch cop’s attorney files motion to dismiss, claims Protected Whistle Blower activities in sexting scandal

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Former Antioch Police Officer Devon Wenger is being prosecuted by the U.S. Attorney’s Office Northern District of California. Herald file photo

Alleges prosecutorial misconduct, claims retaliation; says evidence used was unlawfully obtained, information withheld from defense; separate matter from and not involved in racist text scandal

Devon Wenger, who was not terminated but resigned, faces charges of attempted civil rights violations, illegal use of force, conspiracy to distribute and possession with intent to distribute anabolic steroids

“There’s a lot there that is political.” – Attorney Nicole Castronovo

Oakland, CA – A former Antioch Police officer who spoke out against sexually explicit group texts among department members is fighting back against a malicious prosecution which has made him the scandal’s scapegoat as punishment for blowing the whistle.

Former Officer Devon Christopher Wenger of the Antioch Police Department, who resigned from the force on June 5, 2023, and is embroiled in a high-profile case stemming from the department’s texting scandal, filed a motion to dismiss the charges against him which have been grossly exaggerated as retribution.

The motion to dismiss was filed Monday, Nov. 4, 2024, by Wenger’s attorney, Nicole Castronovo, and argues evidence used against Wenger was unlawfully obtained, undermining his right to a fair trial. Castronovo further alleges prosecutors improperly withheld key exculpatory information from the defense.

“The manner in which this investigation was conducted shows a blatant disregard for Wenger’s constitutional rights,” Castronovo said. “We have uncovered that evidence has been manipulated, critical facts have been omitted and exculpatory material has been ignored. This entire case is being levied against my client as a vicious act of retribution and is a gross misuse of the criminal justice system.”

Along with other Antioch officers, Wenger was arrested on Thursday, August 17, 2023, and prosecuted as a result of the investigations by the FBI and the Office of the Contra Costa County District Attorney. He was originally charged with 21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(E)(i) Conspiracy to Distribute and Possess with Intent to Distribute Anabolic Steroids; 18 U.S.C. § 1519 Destruction, Alteration, and Falsification of Records in Federal Investigations and 18 U.S.C. §§ 241 Conspiracy Against Rights, 242 Deprivation of Rights Under Color of Law. (See related articles here, here and here)

However, Castronovo said Wenger is facing only three charges, “conspiracy to commit civil rights violations based solely on the text messages and with illegal use of force, for using what’s called a 40,” which is a non-lethal weapon. “He did so at the command of his sergeant, and it was within policy. So, they charged him for something found to be within policy,” she added. Wenger is also facing the steroid charges in a separate case in which he’s represented by a different attorney.

Regarding his claim of having whistleblower status Castronovo said, “He was a whistle blower on all kinds of things. His lieutenant had an affair with Wenger’s girlfriend. There’s a lot there that is political. He didn’t send any of the racist text messages. He also blew the whistle on a sexting scandal.”

Recently filed court documents uncovered a prior FBI investigation into the Antioch Police Department during which evidence was mishandled and not appropriately sealed. That evidence, in an unrelated, State-level case, is now potentially being used by federal prosecutors against Wenger.

Key to Wenger’s claims of misconduct include a declaration highlighting the testimony of Larry Wallace, who served as a high-ranking law enforcement advisor under Vice President Kamala Harris during her tenure as California Attorney General. Wallace resigned after being sued for sexual harassment and now works as an investigator in the Contra Costa DA’s Office.

Federal prosecutors failed to mention Wallace was part of a joint operation with the FBI starting in November 2021. The government also did not disclose the FBI’s simultaneous seizure of Wenger’s phone in the unrelated state-level investigation.

In a testimony given on October 25, 2024, Wallace admitted he illegally mishandled sensitive data and failed to seal private information during his involvement in the FBI investigation of the Antioch Police Department in 2021. The mishandling of that evidence resulted in the unauthorized use of Wenger’s personal communications and violated his legal right to privacy. It also violated the stringent rules of CalECPA (California Electronic Communications Privacy Act).

In addition, the Herald later broke the news on Aug. 17, 2023, that Wallace also failed to properly redact officers’ names, cell phone numbers and alleged crimes in a report released to the media. Exclusive: Contra Costa DA’s Office under fire for releasing report revealing phone numbers of Antioch cops in text scandal, names of Antioch, Pittsburg cops, alleged crimes in FBI investigation | Contra Costa Herald

Exclusive: Contra Costa DA’s Office under fire for releasing report revealing phone numbers of Antioch Police Officers in text scandal, names of Antioch, Pittsburg officers, alleged crimes in FBI investigation | Antioch Herald

The chain of evidence log demonstrates that the FBI seized Wenger’s phone on March 28, 2022, well before federal warrants were signed authorizing the seizure of evidence in this current case and raise significant questions about the legality of the evidence and the government’s representations to the Court.

Federal prosecutors also misrepresented to the Court the number of search warrants in existence, referring to only two warrants in their moving papers (dated May and July of 2023), which postdate Wallace’s defective state warrants in the earlier FBI investigation.

These misrepresentations are critical, as the defense contends that the Independent Source Doctrine, invoked by the government to justify the evidence, cannot apply under such circumstances, where an investigation since its inception has been a joint task force between state and local agencies.

Castronovo also questions the independence of the investigation, arguing that federal prosecutors heavily relied on data from state-level investigations, which violated the Independent Source Doctrine.

“We are determined to see that justice prevails,” Castronovo emphasized. “Officer Wenger is entitled to a fair trial, free from unlawful manipulation and misconduct by those in power.”

APOA Attorney Submits Declaration About Wallace in Support of Wenger

Michael Rains, the attorney for the Antioch Police Officers Association, whose firm has been representing more than a dozen officers caught up in the investigations, submitted a Declaration in Support of Wenger’s Motion to Dismiss “based upon prosecutorial misconduct and ineffective assistance of counsel, in the alternative defendant requests a change of venue.” In his declaration, the APOA attorney wrote of his cross-examination of Wallace in another case in which Rains was defending an Antioch Police Officer. He wrote, “According to California Penal Code Section 1546.1, also known as CalECPA, it is a legal requirement to seal any information obtained through the execution of a search warrant that is unrelated to the objective of the warrant. Any such sealed information should not be subject to further review, use, or disclosure except pursuant to a court order or to comply with discovery as required by Sections 1054.1 of the Penal Code.

“When I questioned Wallace at arbitration as to whether he had complied with the requirements of CalECPA he admitted that (1) he neither sealed the information nor (2) did he seek any further order from the court to use the information for any other purpose. From my involvement in discipline cases involving several Antioch officers, I know the text messages relied upon by the City of Antioch to terminate officers, did not result from a Court Order authorizing such use,” the APOA attorney’s declaration further states.

Rains also wrote, “Wallace admitted in his testimony that he ha last received training on search warrants in 2004, and never received any training concerning CalECPA, which became law in 2021, as it pertains to writing search warrants.”

“Wallace testified that in November 2021, he received an anonymous postcard from the Pittsburg Police Department as well as information from the Federal Bureau of Investigation (FBI) regarding steroid use amongst Antioch Police Officers and Pittsburg police officers and a joint investigation was launched by the FBI and the Contra Costa County DA’s office,” the declaration states. “It was communicated to Wallace that the Chief of Pittsburg Police Department gave the post card to Chief of Inspectors Arnold Threets, who then assigned the investigation to Wallace. ‘Almost simultaneously’, upon receipt of the postcard Wallace was visited by FBI Agent Thuy Zobach regarding issues in the wiretap room concerning Officer Timothy Manly Williams of the Antioch Police Department. Notably the postcard never mentioned Devon Wenger…by name.”

Asked if one of the 8 cell phones seized by Wallace was Wenger’s personal cell. Castronovo said it was. According to Rains’ declaration, the phones were seized by Wallace in 2022, after he prepared the state warrant on March 22nd that year. Wallace turned it over to the FBI on March 28th. But I have a receipt for property on April 11, 2022, that includes Wenger’s phone, which is when they gave it back to Wallace,” Castronovo shared. “So, they probably dumped it during those two weeks. But the FBI didn’t issue a warrant for it until the following year.”

The judge in the hearing for Castronovo’s motion to suppress the evidence from the phone, “chose to listen to the FBI. He’s a former Assistant U.S. Attorney,” she explained. “The federal prosecutors just called it moot and said they wouldn’t use the evidence, which was really fishy, to me.”

“What’s interesting in their moving papers they said there were only three search warrants,” which would have only covered three phones, Castronovo shared. “But in the FBI’s search warrant it shows there were eight,” for the eight phones.

Rains Also Exploring Legal Options, Damages to Officers for Wallace’s Release of Information

As previously reported about the release of information by Wallace, Rains said, “I am exploring legal options including a possible lawsuit related to our grave concerns about the way in which this report was ordered released by the court to begin with, when I was supposed to be given the opportunity on behalf of the officers to seek a protective order.”

“Plus, the release by the DA’s Office when they told me, the judge told me to tell Chief Assistant DA Simon O’Connell to not release the report until I had the opportunity to be heard,” he continued. “We tried to set up dates with the defense attorneys on Monday, after the morning appearance I made. Then I received an email from O’Connell on Tuesday that the judge ordered the report released. I feel betrayed by both the judge and by the DA’s Office.”

“I’m exploring the damages done to the officers due to the actions by the DA’s Office,” Rains added.

DA’s Office Will Not Comment

Wallace and the Contra Costa DA’s Office were asked for comment regarding the claims about his testimony in Wenger’s case. The DA’s spokesman, Ted Asregadoo, responded, “We will not comment on an active federal prosecution in which the Contra Costa District Attorney’s Office was involved or address the inaccuracies in the press release you shared. However, we want to clarify that Larry Wallace, an employee of our office, acted in compliance with a court order to release information to defense attorneys in a March 2021 murder case in the City of Antioch.”

Wenger’s Next Hearing Possibly Dec. 10

The next hearing for Wenger is tentatively scheduled for December 10, 2024, at the United States District Court for the Northern District of California, where these and other issues raised by the defense’s motion to dismiss will be addressed.

Allen D. Payton contributed to this report.

California State Parks Foundation celebrates passage of Proposition 4

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Sources: Yes on 4 campaign, CA Secretary of State

SACRAMENTO, CA – On Wednesday, Nov. 6, 2024, the California State Parks Foundation released the following statement reacting to the passage of Proposition 4 –The Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024. The passage of Prop 4 authorizes up to $10 billion in bonds to help the state become more climate resilient. The investments in state parks will include $175 million in deferred maintenance, $50 million in sea level rise adaptation projects, and $200 million to build parks and recreational facilities in local communities.

“While there are many votes still left to count, we are optimistic that voters passed Prop 4 by a wide margin,” saidRachel Norton, Executive Director of California State Parks Foundation. “We thank California voters for choosing to supply California’s state park system with desperately needed resources to make our state parks more resilient to extreme weather, sea level rise, wildfires, and other impacts driven by climate change. These funds will also update state park infrastructure, help California acquire new parklands, and create recreation opportunities in local communities.

“As California’s economic fortunes have changed the past few years, and budget surpluses became budget deficits, state parks have faced steep cuts. The passage of Prop 4 is an important step in reversing the budget reductions that cut the deepest.”

ABOUT CALIFORNIA STATE PARKS FOUNDATION

California State Parks Foundation, an independent, member-supported nonprofit with over 50 years of history, is dedicated to protecting and preserving the California state park system for the benefit of all. We work in parks and in Sacramento with partners, park staff, and policymakers to address the challenges parks face. To make real and lasting change we are working to build a movement of people who enjoy and advocate for their parks now, and for future generations. Learn more at www.calparks.org, or find California State Parks Foundation on Facebook, or Instagram and Twitter/X (@calparks).

UPDATE: 191,700 ballots remaining to be counted in Contra Costa County

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Source: Herald file photo.

11/7/24 UPDATE: As of 12:43 p.m. the County Elections office claims 191,700 unprocessed ballots remaining to be counted

As of Wednesday; no breakdowns by city

By Allen D. Payton According to Dawn Kruger, Media Outreach Coordinator for the Elections Division of the Contra Costa County Clerk-Recorder’s Office, as of Wednesday morning there were still as many as 90,000 ballots remaining to be counted in the county. “We had tallied 291,000 ballots as of Election Day. All the ballots received at the polling places, those were counted on Election Night, except for the Vote By Mail ballots submitted in their sealed envelopes at polling places,” she stated. Those are part of “the upwards of 90,000 ballots we received included from Drop Boxes which were picked up last on Tuesday afternoon. Those still have to be processed with signature verification, then extraction, then tally,” Kruger explained. Asked about the additional ballots from the Drop Boxes she said, “The boxes were locked at 8:00 p.m. and the ballots were picked up the following morning.” “We expect to add all those ballots to the results on Friday’s update,” Kruger stated. “But we continue to receive ballots placed in the mail on Election Day which can be received up to seven days following, which is Tuesday, the 12th. “We’ll have a better understanding this afternoon.” Kruger added. “By tomorrow afternoon at end of the day, we’ll have more of an exact count up on our website.” She also shared they do not have a breakdown by city of remaining ballots to be counted. 11/7/24 UPDATE: Estimated Number of Unprocessed Ballots in County According to the Contra Costa Elections office, the estimated number of unprocessed ballots as of 12:43 p.m. on Thursday, total 191,700: Ballots voted at a voting location – 200 Vote-by-mail ballots received on or before Election Day – 170,000 Vote-by-mail ballots received after Election Day – 6,500 Provisional ballots – 6,000 Conditional Voter Registration Provisional ballots – 6,000 Other (In Review, Damaged) – 3,000 Total – 191,700. That’s over 101,000 more ballots than the estimated unprocessed ballots figure provided earlier in the day. The next results update is expected at 4:00 p.m. on Friday, Nov. 8. The Elections office has 28 days to certify the election.

Contra Costa County Library launches pilot program for Self-Service Sundays

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Beginning Dec. 1

By Brooke Converse, PIO, Contra Costa County Library

The Contra Costa County Library is piloting a new program designed to give patrons access to the Concord Library on Sundays when the branch is normally closed. Patrons who sign up for the service in advance will be able to enter the Concord Library between 12 p.m. and 4 p.m. on Sundays beginning December 1. There will not be any staff on site, but two security guards will be present to ensure that only patrons who have signed up for the service are entering the library.

Patrons can browse the collection and check out books, return items, pick up holds, connect to Wi-Fi, and use the space for studying or reading.

“We know our patrons would like the libraries to be open more and especially on Sundays,” said County Librarian Alison McKee. “We don’t have the budget to staff the libraries on Sundays, but this pilot offers an alternative solution that, if successful, could expand to other branches in the future.”

“The Library is such an important resource in our communities,” said District IV Supervisor Ken Carlson. “Having self-service hours on Sundays will give more people the opportunity to use libraries more often.”

To sign up for the service, patrons must have a library card in good standing, a valid ID, attend an in-person orientation, and sign the user agreement. Approved patrons will scan their library card at the door and use a unique PIN code to enter.

The Library will assess the pilot program after six months and consider expansion.

“We are very excited to have a pilot program on Sundays that rewards our residents with self-service, which goes with our spirit of being in concordance with one another to build a community with trust and cooperation,” said Concord Mayor Edi Birsan.

Services not available will include computers, printing, scanning, and photocopying, restrooms, LINK+ pickups, and returns, use of the community meeting room, and the Friends bookstore.

The first open Sunday will be December 1, but patrons must sign up for the service in advance. Sign-ups are available now. To get started visit, ccclib.org/self-service-sundays.