SB 22
, AUTHORED BY SENATOR LEYVA AND SPONSORED BY DA O’MALLEY, CLEARS SENATE
BILL REQUIRES TESTING OF RAPE KITS
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On May 21, without a single ‘No’ vote, the California State Senate passed legislation authored by Senator Connie M. Leyva (D-Chino) that will require law enforcement agencies and forensic laboratories to promptly analyze and test all newly collected rape kit evidence in California. Sponsored jointly by the Alameda County District Attorney Nancy O’Malley, Joyful Heart Foundation and Natasha’s Justice Project, SB 22 ensures that survivors reporting sexual assault across California will have equal access to the swift submission and analysis of forensic evidence associated with their cases.
The legislation will require newly collected rape kits to be submitted within 20 days and tested no later than 120 days after receipt, preventing the development of backlogs of rape kits in evidence rooms or laboratories. The prompt testing of DNA evidence in rape kits can identify an unknown assailant, link crimes together, identify serial perpetrators and exonerate the wrongfully convicted. “No survivor should ever have to wait years or even decades for their rape kit to be tested so that we can ensure justice and hold their rapists accountable for their crimes,” Senator Leyva said. “After a survivor has already endured a thorough and invasive rape kit exam, it is unacceptable that the kit would then sit untested in an evidence room or locker collecting dust while it may hold critical evidence. SB 22 will require that every single new rape kit that is collected is promptly analyzed so that the evidence collected can put rapists behind bars and hopefully prevent future assaults from ever happening. I thank the Senate for its strong support of SB 22 today that will prioritize survivors, ensure safer communities and take dangerous criminals off our streets.”
“When sexual assault kits sit untested, survivors are denied justice and perpetrators go undetected. I am truly grateful to Senator Leyva and our other partners for their tireless effort to enact this significant law requiring timely testing of every kit. We must do all we can to ensure that California protects survivors of sexual assault and identifies those who commit sexual violence,” stated District Attorney O’Malley.
The measure now advances to the Assembly for consideration.
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DA'S OFFICE RECEIVES
NATIONAL AWARD
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The National Association of Counties (NACo) issues annual awards for innovative programs that stand out and can be replicated in other counties across America. The Alameda County District Attorney’s Office’s Real Estate Fraud Protection Program has been awarded NACo’s 2019 Achievement Award. This program is a multi-pronged approach to protecting vulnerable residents from fraud and preventing unscrupulous individuals from preying on elder and financial at-risk homeowners. The program seeks to cover multiple fronts through innovative education and outreach strategies that include multi-lingual materials and proactive approaches that stop fraudulent actions before foreclosure proceedings, scams or crimes take hold. The program also trains a wide array of professionals and residents on the issues surrounding real estate fraud and foreclosure proceedings.
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Click
here
for more information on real estate fraud:
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The first episode of Justice For All, the podcast of the Alameda County District Attorney's Office, is now available for streaming on both Spotify and iTunes/Apple Podcasts. Hear the story of a brave survivor of domestic violence and learn about the many services for crime victims.
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BRINGING DIVERSITY
TO PROSECUTION
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The California District Attorneys Association Foundation has launched a new campaign aimed at encouraging young people from all backgrounds to consider becoming prosecutors and fostering greater diversity in district attorney’s offices throughout the state. A new website,
https://www.californiaprosecutors.org
/, provides tools and resources for those considering a legal career or who currently are attending law school. It includes information on law schools, minority prosecutor associations, internships and jobs. The website features written and video testimonials from California Attorney General Xavier Becerra and deputy district attorneys from throughout the Golden State, including Alameda County's own L.D. Louis, about why they chose their careers. District attorney’s offices statewide are involved in the effort.
“California prosecutors, as part of the fabric of the community they serve, are diverse, committed professionals. The Alameda County DA’s Office strives to reflect our diverse communities and places a high importance on fostering young peoples’ interest in the justice system through a variety of youth enrichment programs such as the Justice Academy and various internship opportunities. I wholeheartedly support CDAA’s Campaign to promote and increase diversity in prosecutors’ offices,” say DA Nancy O’Malley.
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SETTLEMENT REACHED IN CASES OF
RENTAL CAR COMPANIES CHARGING UNJUST REPAIR COSTS
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Alameda County District Attorney Nancy E. O’Malley announced that her office, along with the California Attorney General and the District Attorney of San Mateo County, settled a consumer protection action against E-Z Rent-a-Car LLC (“E-Z”) and Advantage OpCo LLC (“Advantage”). The civil action was filed in Alameda County Superior Court. E-Z and Advantage are in the business of renting automobiles to the public. They operate many locations in California, including at various airports. The companies merged together in 2015. When customers cause accidental damage to rental vehicles, car rental companies, in turn, may be able to work out discounted rates at auto body shops used to repair their cars. California laws prohibit a rental car company from making a claim against the renter that is more than the actual cost of repair, including any discounts and price reductions the company receives. In other words, the law requires rental companies to pass along discounts they receive.
The complaint alleges that the companies violated these laws, among other things. It alleges that the companies frequently billed renters based on third-party repair estimates that were higher than the actual cost of repair and failed to pass along the discounts they received. “We all know how frustrating it is to accidentally damage a rental car. If you happen to do so, you should not be charged an excessive amount to repair the car or need to worry about whether the cost of repair work is being used to generate revenue. My office is dedicated to protecting consumers from practices of this kind.” says Alameda County DA O’Malley. The judgment includes an injunction to prevent further violations of law. The companies also agreed to stop efforts to collect certain unpaid claims from consumers and agreed to pay $1,000,000 in restitution. About half of that amount will be distributed by the companies as direct refunds. The remainder will be distributed as set forth in the judgment. Without admitting liability, the companies also agreed to pay $3.3 million in civil penalties and $300,000 to reimburse the costs of investigation. The companies cooperated in the investigation. View the office’s
full press release here.
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NATIONAL
DRUG TAKE BACK DAY
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The office was able to safely and properly dispose of over
271 lbs
of medications during National Drug Take Back Day. Safe disposal of these drugs is vital to prevent their misuse and to end the harmful environmental impacts of disposing of them in landfill or through our water system.The Alameda County District Attorney’s Office thanks all members of the community who took the time to turn in both their prescription and over-the-counter medicine.
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For more information on the Consumer, Environmental & Worker Protection Division visit:
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TAKE YOUR CHILDREN
TO WORK DAY
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On April 25, the Alameda County District Attorney’s participated in Take Your Children to Work Day. The kids got a first-hand experience of what court proceedings are like with their very own mock trial. Each child was coached in their role which included, prosecutor, defense attorney, judge, and jury. Many thanks to the staff volunteers who helped educate these young community members.
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PEOPLE V. DENNIS RAY EAGLE
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A jury found Dennis Ray Eagle guilty of 1
st
degree murder in the October 28, 1979 death of Betty Jean Elias. The defendant was also found guilty of the Special Circumstance of rape in the commission of that murder. Ms. Elias was found dead in her hotel room on San Pablo Ave. in Oakland. She had been violently beaten, she had defensive wounds on her hands, and the coroner determined she had been strangled to death. There was a fingerprint inked in blood on a curtain rod found underneath her bed. The curtain from that rod had been used to cover her body. The fingerprint was compared to a number of possible suspects at the time, but none matched. The coroner recovered sperm from her body during the course of the autopsy, and that evidence was kept for over 36 years before it was finally tested in 2015. The DNA profile developed from the sperm was put into the CODIS database and produced a hit to the defendant, who was then serving time in federal prison for the sexual assault of a woman in Montana where he lived most of his life. Once he was identified as the possible source of the DNA, OPD Latent Fingerprint Examiner Kimberly Lankford compared his known prints to the one on the curtain rod and determined that Mr. Eagle was the source of that print. Mr. Eagle, who was 18 years old at the time of this crime, denied ever having been to Oakland, or having had any sexual contact with the victim. Because the special circumstance was found to be true, Mr. Eagle will be sentenced to life in prison without the possibility of parole on June 28. This case was prosecuted by DDA Mark Melton. Instrumental in assisting with the prosecution were Inspector Kevin Wiley as well as victim-witness advocate Stephanie Lynch, who has been working with the victim’s daughter since 2016 when the case was charged.
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PEOPLE V. FOLLINGS AND MENDOZA
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On May 9, 2019, a jury found defendant Brandon Follings and Pablo Mendoza guilty of first degree murder, gang and gun allegations, with special circumstances of the murder of a witness, Daniel Deltoro. On July 19, 2017, victim Daniel Deltoro was pushing his three month old son in the Cherryland District of Hayward, CA. The defendants were being driven in a Toyota Camry with Follings, a Northside Oakland/Bushrod gang member, and Mendoza, an active Norteño/Decoto gang member were her passengers. Everyone in the vehicle noticed Deltoro. Mendoza made a comment to the others that Deltoro was a “snitch” who had sent his friend away for life. Follings responded that he had a friend doing “50-years” in prison. The group agreed to attack Mr. Deltoro. Video surveillance from the area captured the Toyota Camry circling the block and passing by Mr. Deltoro and his son several times. At approximately 2:46 pm, Mr. Deltoro and his son reached the 240 block of Willow Avenue. Mendoza jumped out of the Camry with a white t-shirt covering his face, black socks on his hands, and holding a semi-automatic firearm. Mendoza attempted to fire the weapon several times but it failed. Deltoro and Mendoza wrestled on the ground over the gun as Defendant Follings jumped from the car with his own semi-automatic pistol. Follings fired six times into Mr. Deltoro’s body killing him. A witness from the scene was able to capture a partial license plate number from the vehicle. This information lead to the driver's arrest by the Alameda County Sheriff’s Office. Subsequent investigation led to the arrest of both Follings and Mendoza. Both men went to trial and were convicted of all charges. The case was prosecuted by DDA Jimmie Wilson and DA Inspector Eric Karsseboom. Brandon Follings and Pablo Mendoza will be sentenced June 6, 2019.
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On May 2, 2019 a jury convicted Fareed Traylor of four counts of Oral Copulation with a Child Ten Years of Age and Under, one count of Sexual Intercourse with a Child Ten and Under, one count of Continuous Sexual Abuse and one count of Lewd and Lascivious Acts of a Child Age 14. The defendant sexually assaulted Jane Doe from the time she was seven through 14. The sexual assaults occurred on a weekly basis as the defendant and Jane Doe moved to different cities including Oakland, San Leandro and Hayward.
The defendant manipulated Jane Doe by telling her that the sex acts were things two people did when they loved each other. At the age of fifteen, Jane Doe finally found the courage to tell the defendant the sexual acts were molestation and not love. The defendant told her he had made peace with God and she should move on with her life. Jane Doe struggled to come to terms with the man she had known all her life. She ultimately disclosed the abuse at school and an ensuing investigation by the Oakland Police Department took place. Sentencing will take place on June 26, 2019. The defendant faces 101 years to life in prison. The case was prosecuted by DDA Amanda Chavez with the assistance of Inspector Nicole Elder and victim-witness advocate Marina Hammergren.
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The entire staff of the The Alameda County District Attorney's Office would like to wish all of you a safe, joyous and commemorative celebration this Memorial Day weekend. The office will be closed Monday May 27 in recognition of the holiday.
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Questions for the DA's Office?
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Do you have a question for the District Attorney?
If you would like to see a particular question answered in our next newsletter, please email us at
info@alcoda.org.
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HEAT Watch: HEAT Watch is the anti-human trafficking program run by the DA's Office. It coordinates the response to help fight trafficking in the Bay Area and beyond.
DA Speakers Bureau: We provide speakers for your next school or community meeting who come to you with decades of expertise about the law, the criminal justice system and how we at the DA's Office can help you if you have been the victim of a crime.
Point of View: The well-known legal educational tool written and published by the DA's Office.
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