My friends’ first question is not why am I running for DA. The first question is “have you lost your mind?” No, I have not lost my mind. I know who I am and I know why I’m running. So here it is.
No Police Accountability
Exhibit A – Court-Appointed-Investigators-Report-on-City-of Oakland’s Response to Allegations of Officer Sexual Misconduct. This scathing report exposes the total lack of accountability we have in Alameda County for police misconduct. It is particularly disturbing because OPD is under a consent decree that requires the Criminal Investigation Division (CID) Commander to inform the DA of possible criminal conduct by officers. Yet, neither the City Attorney nor the District Attorney have taken any responsibility to enforce this provision of the Consent Decree. This persistent problem has cost our City millions of dollars.
Our DA says she had no knowledge of the investigation of police sexual exploitation going on right under her nose. The Court’s report verifies this claim. Nancy O’Malley had no idea that sex trafficking by the police was happening in Alameda County. It has been reported that two investigators in her office were part of the problem. She says she was completely unaware of the ongoing investigation until she read about it in the newspaper. To me, that is a gross dereliction of duty on her part.
When Officer Brendan O’Brien killed himself in September 2015 and left a note, he was still under suspicion of killing his wife. The question is why the DA did not ask “what’s in the suicide note?”
Courtesy: Josh Edelson/AFP/Getty Images
The Court report leaves no doubt that various members of OPD, certainly including former Chief Sean Whent, the Internal Affairs Division and CID Commanders engaged in obstruction of justice. When asked if she intended to investigate anyone for obstruction of justice, DA O’Malley said flatly “no.” Surely, this is why OPD felt completely comfortable covering up these crimes. There simply is no history of accountability for police officers in Alameda County.
“Is this because I was little?”
The Court finds that OPD did not properly investigate because of “an implicit but evident bias against the victim.” The report says “put simply, CID and IAD wrote off this victim.” Regrettably, I observed a similar bias in the DA’s response. While our County’s female leaders did not come right out and blame the victim, no one acted like they gave a damn about Jasmine. It was as if her exploitation was not taken seriously. Ultimately, the DA left Jasmine to languish in a Florida jail for 17 days.
Sept. 9, 2016. (AP Photo/Terry Chea)
When DA O’Malley famously announced “I would charge these officers but I don’t have a witness,” Jasmine was facing a felony and 15 years in prison. She was tricked into going to Florida in the first place by the Richmond Police Department.
The fact is the Richmond police sent DA O’Malley’s star witness across the country. Richmond PD placed Jasmine in a situation where she was held against her will, assaulted and arrested because she wanted to come home. If I were the DA, I would absolutely demand a thorough investigation of possible witness tampering. I would absolutely do everything in my power to hold whomever sent my witness to Florida accountable. More importantly, I would do everything in my power to bring her home. The same bias that OPD exhibited was obvious in the DA’s response to Jasmine’s incarceration in Florida – they wrote her off.
No Criminal Justice Reform
In 2014, Proposition 47 passed in Alameda County by almost 74% of the voters. We recognize that we cannot solve our problems by locking everyone up. DA O’Malley vigorously opposed Proposition 47. She called it “a frightening fraud with irrevocable and far-reaching consequences.” How can we expect her to implement legislation she considers “a frightening fraud?”
In 2012, California voters passed realignment legislation to reduce the numbers of people in prisons and bring them home. The measure, Proposition 36, passed in Alameda County with 78.6% of the vote. Yet, in 2016, DA O’Malley proposed to spend only $1.72 million of her $73 million budget on re-entry services.
In 2015, the DA’s office prosecuted almost 41,000 adults and 1001 juveniles. Ninety-three percent (93%) of the adult cases reviewed for charging resulted in some type of prosecution. So, if you get arrested in Alameda County, there is a 93% chance that you will be prosecuted for something. In contrast, Homeless Court meets six times a year and helps about 300 people a year.
The vast majority of the prosecutions (59% – almost 29,000 cases) were for misdemeanor crimes. The misdemeanor numbers include thousands of women arrested for prostitution. In 2015, the Safety Net Program – a program to create a safety plan for at-risk and high-risk victims of commercial sexual exploitation – only reviewed 83 cases.
The New Jim Crow in Alameda County
In 2015, almost 1500 juvenile cases were presented to the DA. Of those 1,001 (67%) resulted in prosecutions. Felony arrests of African-American kids were a startling rate of 25 per 1,000 compared to 2.3 per 1,000 for White kids. Only 112 kids were referred to a restorative justice program. Only 80 kids participated in our Collaborative Mental Health Court. In 2014, Alameda was one of only 9 counties in the State where the DA only charged Black or Latino kids as adults. “The New Jim Crow” is alive and well in Alameda County.
Why We Have to Make A Change
We have got to change the picture of justice in Alameda County. The days when the DA can “talk the talk” and not “walk the walk” have to be over. As Adam Foss says, we need prosecutors who want to change lives, not ruin them. We need better public safety outcomes. Alameda County has the 4th highest homicide rate for young people (ages 10-24) in the State. Whatever she’s doing is not working.
Donald Trump and Jeff Sessions are about sending folks back to jail. Since 2012, we have rejected that approach in Alameda County. We want to bring people home and rebuild families and restore our community. We want to end the horrendous racial divide that has infected our judicial system. We want to treat and teach our kids how to be kids. That’s how we need to spend our money – by investing in our people. We need Justice Done Right in Alameda County.
Since May 2016, the citizens of the Bay Area have been shocked and appalled by revelations of the abuse of power by Bay Area police officers. The accused officers are in 6 different law enforcement agencies. The central figure caught in the eye of the storm is a teenage girl. She says that she has worked in the Bay Area’s commercial sexual exploitation marketplace since she was 12.
In 2009, Attorney Charles Bonner published a novel called The Bracelet. It is based on a case he handled where at least four young women were kidnapped and held as sex slaves in Syracuse, New York. The case and the story highlights the pervasiveness of sex trafficking in our country and around the world. Jasmine has hired Attorney Charles Bonner to represent her. Attorney Bonner insists that I assist him with the case. Together, we have set up a freedom trust fund for Jasmine’s legal and medical expenses, and to assist any other commercially sexually exploited youth who have been preyed upon by the police or other traffickers. We know that Jasmine is not the only one. We know that her tragic story is not unique or unusual. Indeed, as a former foster child who walked away from an obviously dysfunctional system, I can truly say “there for the grace of God go I!”
We find ourselves in the midst of a crisis in public safety. The very police officers that are charged to protect and serve the public have been exposed as engaging in a conspiracy of sex trafficking. For 8 months, local law enforcement and public officials hid this scandalous behavior from the court-appointed monitor in Oakland and the public, while taking no real action against the officers who violated the public trust. Even today –