GOVERNOR SIGNS SENATE BILL 22
ENSURES TESTING OF SEXUAL ASSAULT KITS AND JUSTICE FOR SURVIVORS
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On October 8, 2019, Governor Gavin Newsom signed groundbreaking legislation to ensure that never again will a sexual assault kit languish, untested on the shelves of police departments or crime labs. Senate Bill 22, sponsored by Alameda County District Attorney Nancy O’Malley and authored by Senator Connie Leyva (D-Chino) requires the prompt testing of Sexual Assault Evidence Kits (SAKs).
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“I have fought tirelessly on a statewide and national stage to ensure that every sexual assault kit is tested in a timely manner,” states DA O’Malley. “We have finally succeeded in California and now sexual assault survivors can be assured that evidence taken from their body in a sexual assault examination will never again languish in an evidence locker or crime lab. Assailants will be brought to justice, serial rapists will be identified and the wrongfully accused will be exonerated. The passage of this law is a great victory for survivors of sexual assault as well as the system of justice in our state.”
Under the newly signed legislation, newly collected SAKs must be submitted within 20 days and tested no later than 120 days after receipt.
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The full press release on SB 22 can be found
here
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OCTOBER IS PROCLAIMED
DOMESTIC VIOLENCE AWARENESS MONTH
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The Alameda County Board of Supervisors proclaimed October
Domestic Violence Awareness
Month. DA O'Malley received a proclamation from the Alameda County Board of Supervisors alongside Family Violence Law Center ED Erin Scott, Bay Area Women Against Rape ED Sarai Crain, and Voices members Zsanna Seacrest, Keona Hairston, and Carrie Powers.
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While fall brings the beginning of holiday family gatherings for many, the season can also be fraught with stress and an increase in domestic violence. Domestic Violence Awareness Month’s brings attention to the reality of interpersonal violence and also sheds light on resources and pathways available to victims and survivors.
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Day of Remembrance:
October 18, 2019
1221 Oak St. in Oakland
11:30am-1:15pm
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On Friday October 18, the Alameda County District Attorney’s Office, DA O’Malley and the Alameda County Family Justice Center will host the 17th annual Day of Remembrance to pay tribute to the women, men and children who have lost their lives as a result of interpersonal violence and to provide hope and resources to those struggling through violence in the home. This event calls for the community to come together now to stop domestic violence, as well as to empower women, children, and men who have survived domestic abuse. The ceremony will also recognize the agencies, county departments, commissions, community-based organizations, and individuals whose work is essential in the ongoing effort to end domestic violence in Alameda County.
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SETTLEMENT REACHED AGAINST PEP BOYS
TO ADDRESS ILLEGAL HAZARDOUS WASTE DUMPING.
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On September 30, DA O’Malley announced a $3.7 million settlement against The Pep Boys Manny Moe & Jack of California (Pep Boys) to resolve allegations that the company violated state laws governing hazardous waste, and hazardous materials, by routinely and illegally disposing of automotive fluids, used motor oil and other hazardous wastes into company waste bins destined for municipal landfills not authorized to accept hazardous waste. The lawsuit also resolves allegations that Pep Boys routinely failed to shred customer records containing confidential information before disposing of those items into the trash.
“When businesses like this one illegally dispose of toxic waste, they pollute our natural resources. Substances like motor oil and automotive fluids leach into the soil and the groundwater. They make their way into streams, and eventually the San Francisco Bay, poisoning wildlife, sea life alike,” says DA O’Malley. “There are good reasons that regulations exist for the disposal of toxic materials and my office will continue to investigate and bring to justice any business that violates these important environmental protection laws.”
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Click
here
for more information on the Consumer, Environmental & Worker Protection division
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BATTLE FOR THE BAY -
CLEANING UP EAST OAKLAND
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The Alameda Count DA's Office is working with numerous government agencies, community groups and citizens, and local businesses to battle illegal dumping in a myriad of ways. On Saturday 9/21, members of the DA's Office joined county partners Mayor Libby Schaaf and Supervisor Nate Miley, to pick up approximately 42 tons of garbage off the streets of East Oakland, including in front of Esperanza and Korematsu Elementary Schools on Pearmain Street near 105th Avenue.
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PACE FOR PEACE 5K
C.A.L.I.C.O. FUNDRAISER
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The DA Victim/Witness Division participated in community events that support vital resources. At Pace for Peace in Livermore, runners raised money for safe homes for victims of domestic abuse. The CALICO fundraiser brought together law enforcement officers, child welfare workers, prosecutors, and other professionals to support a center critical to the investigation of child abuse and to maintaining a safe and comfortable environment for child interviews.
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NATIONAL AMERICAN BUSINESS
WOMEN'S DAY
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September 22 marked National American Business Women's Day. We were delighted to bring together our strong and passionate staff for pictures on the courthouse steps
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On September 23, 2019, a jury convicted defendant Lonnel Moore of four felony counts, including human trafficking of a minor with force, pimping of a minor, inducing a minor to commit a lewd and lascivious act, and committing a lewd act on a minor.
On August 7, 2018 around 1:15am, OPD officers were dispatched to Bancroft and 90
th
were they located 15-year-old Jane Doe. Jane Doe immediately told officers that a trafficker had just attacked her at the Parklane Motel because she did not make enough money for him. She frantically told officers that the defendant tried to kill her by suffocating her with a pillow until she could not breathe. He also hit her with a miniature bat. Jane gave a description of the defendant as well as the room number that the attack took place. Officers took photos of Jane’s injuries on scene.
Officers immediately re-located to the Parklane Motel and were able to obtain surveillance video. The video showed the 35-year-old defendant pulling Jane Doe out of a black sedan by her shorts and pushing her into the motel room where Jane stated the attack took place. Officers conducted a search of the room and located a miniature bat, broken furniture and a dresser drawer filled with condoms. A Ramey warrant went out for the defendant’s arrest.
Jane Doe was admitted into Highland hospital for treatment. During an interview with OPD detectives, she stated that she had met the defendant through a friend six weeks prior. He picked her up from her mother’s house in the middle of the night and brought her to the Parklane motel. He supplied her with Ecstasy pills almost daily and convinced her that they were in a romantic relationship. He told her that she needed to contribute to the household. Jane began working for the defendant three day after meeting him. She stated that they would argue often and he would physically hit her throughout the “relationship.”
On September 29, 2018, OPD officers attempted to make contact with the defendant. The defendant immediately started to run, causing a foot pursuit. Officers were able to detain the defendant and locate two cell phones on his person. Text messages from the defendant’s phone were extracted. The messages found on defendant’s phone included messages to Jane Doe directing her to commit sex acts for money as well as abusive language towards her. There were also hundreds of other messages sent to several other women directing them to work as prostitutes as well as threats of violence when they did not respond accordingly.
The defendant will be sentenced on November 15, 2019.
The case was prosecuted by DDA April Smith, with the assistance of DA Inspector Tim Bergquist and DA Victim/Witness Advocates Briannah Shackelford and Alex Stanley.
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On September 19, 2019, a jury found the defendant guilty of Second Degree Murder, Assault with a Firearm and Shooting into an Inhabited House while intentionally discharging a firearm causing death.
On April 10, 2016, victim, Lakeya Venson, was celebrating her daugther and niece's birthdays with a surprise slumber party in East Oakland. Nearly 15 children, ages 5-13, along with numerous parents were enjoying the party when it was interrupted by the defendant pulling up in a vehicle, getting out, and shooting towards the individuals standing out in front of the house. One of the bullets struck and killed Ms. Venson in the back as she turned and ran for safety. Oakland Police Department Detectives found that defendant was responsible when the gun used in the killing of Ms. Venson was used six days later in the city of Richmond. Defendant testified that he mistakenly identified the victim's fiance as being involved in a prior robbery of the defendant's friend.
The defendant will be sentenced on November 15, 2019.
This case was prosecuted by DDA William Layne with the assistance of Inspector Caesar Basa and Victim-Witness Advocate Liliana Bueno.
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PEOPLE V. DANIEL CHAVEZ-ESTRELLA
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On September 27, 2019, a jury convicted defendant, Daniel Chavez-Estrella, of carjacking.
On July 23, 2018 at about 3 pm, the victim was waiting for her son in Berkeley while leaning against her car. The defendant pushed her off her car, climbed into the driver’s seat, and drove away. Two days later, Oakland Police officers found defendant in possession of the victim’s car and had the car keys in his pocket. Berkeley Police officers recovered video surveillance that captured defendant as he spotted the victim and walked towards her immediately before the carjacking.
The defendant will be sentenced on October 24, 2019.
This case was prosecuted by DDA Camille Ching with the assistance of Inspector Kendell Won and Victim-Witness Advocate Liliana Bueno.
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"Second Chances", Episode 2 of the Justice For All podcast, is now streaming on Spotify, Apple Podcasts, and Google Play Music. To learn more and listen to all episodes, visit
https://justiceforall.alcoda.org/
or click your preferred streaming service below:
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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
[email protected].
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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.
Point of View: The well-known legal educational tool written and published by the DA's Office.
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