Claims “At least 45 APD officers were on the text chains”

“I request you immediately dismiss all pending Public Defender cases involving APD, agree to release our incarcerated clients, and cease filing any APD related cases.” – Public Defender Ellen McDonnell

“Text messages… reveal a deeply entrenched, department-wide culture of racism, homophobia, targeted violence against Black people, selective enforcement of laws against Black people, fabrication of evidence, and utter disregard of civil and human rights.”

By Allen D. Payton

INVESTIGATIVE REPORT

In response to the reports of Antioch Police Officers’ racist texts released this past week, Contra Costa Public Defender Ellen McDonnell sent a letter to DA Diana Becton on Friday, April 14, 2023, requests she “dismiss all pending Public Defender cases involving APD, agree to release our incarcerated clients, and cease filing any APD related cases.” See related articles here and here)

McDonnell had previously asked Becton to pause all criminal filings and prosecutions of the Antioch officers involved in the text scandal and investigation. Now, based on the additional information that more officers including department leaders were included in the text messages exchanged, she’s requesting much more.

McDonnell’s letter reads as follows:

April 14, 2023 Diana Becton

Office of the District Attorney

900 Ward Street

Martinez, CA 94553

Dear Diana,

I am in receipt of redacted versions of Contra Costa County District Attorney Senior Inspector Larry Wallace’s investigative reports.¹ The Antioch Police Department (APD) text messages discussed in the reports reveal a deeply entrenched, department-wide culture of racism, homophobia, targeted violence against Black people, selective enforcement of laws against Black people, fabrication of evidence, and utter disregard of civil and human rights. At least forty-five APD officers² were on the text chains disclosed thus far. The officers run the gamut from patrol officers to lieutenants. Of the twelve non-CSO senior officers³ in APD’s investigations bureau⁴, eleven were recipients or active participants in the text chains. The president of the Antioch Police Officers Association, an APD sergeant, was actively involved. Even the internal affairs sergeant participated in the group sending these vile text messages.

At least sixteen of the forty-five officers are in leadership roles at APD as detectives, sergeants, and lieutenants showing they endorsed and shared in these views.

The public simply cannot have trust or confidence in any criminal prosecution involving APD. No one should be charged with a crime based on the report of a police department so thoroughly riddled with corruption. I request you immediately dismiss all pending Public Defender cases involving APD, agree to release our incarcerated clients, and cease filing any APD related cases.

Following up on my March 30,2023 letter, incorporated by reference, I request you identify all law enforcement officers involved in the text messages (whether as active participants or recipients), as well as all Public Defender and Alternate Defender pending and closed cases where the officers were involved in the investigation. I also request that you provide unredacted copies of Inspector Wallace’s reports and further disclose all of the text messages themselves.

The vile text messages were apparently discovered while investigating other acts of moral turpitude by members of APD and the Pittsburg Police Department (PPD). News reports have characterized the acts being investigated as “using cocaine and steroids, cheating on tests or misrepresenting their own training, and assaulting people, among other offenses”⁵ and “trying to fraudulently obtain college degrees in order to collect pay bumps.”⁶ At least one PPD officer has been charged with selling AR-15 firearms. {People v. Armando Montalvo, Contra Costa Superior Court docket no. 01-22-02142.)

News reports indicated a grand jury was convened and indictments were expected in or around December 2022.⁷ It has now been over a year since the news first broke of your office’s joint investigation with the Federal Bureau of Investigations of criminal conduct by APD and PPD police officers. I request information regarding the status of this investigation and its estimated end date.

Following up on my March 28, 2022, letter, incorporated by reference, I request you identify all APD and PPD officers that were or are being investigated for crimes of moral turpitude, as well as all Public Defender and Alternate Defender pending and closed cases where the officers were involved in the investigation. I further request you provide police reports and other investigative materials without insisting on a protective order. The extent of the hatred and lawlessness that has recently been revealed within APD is unfathomable. Continuing to prosecute the victims of APD’s targeted, violent, racist policing while simultaneously shielding the officers’ identities and the full extent of their misconduct and criminal activities is manifestly unjust. I request immediate full discovery and complete transparency. Please see the attachment for a specific list of items requested.

Thank you in advance for your assistance and cooperation with this matter. If you have any questions about this request, please let me know. I look forward to discussing this matter with you on Monday, April 17 at 1:00 p.m.

Sincerely,

Ellen McDonnell

Public Defender

Contra Costa County

1 Nos. 01-1046493/21-001905, dated March 28, 2023, and 013-1046493, dated March 27, 2023.

2 As of March 14, 2019, APD’s roster contained 115 staff. Assuming the current roster is similarly sized and consists entirely of sworn officers, approximately 40% of APD officers are party to the text message chains.

3 Nine are detectives, two are sergeants and one is a lieutenant.

4 https://www.antiochca.gov/police/contact-information/

5 https://www.mercurynews.eom/2022/09/10/exclusive-fbi-criminal-investigation-of-antioch-pittsburg-cops-grows-grand- jury-convening/

6 https://www.ktvu.com/news/antioch-pittsburg-police-under-investigation-for-ffaudulent-college-degrees-report

7 Id.

Attachment to April 13,2023 Letter to Diana Becton – Discovery Request

This discovery request is made pursuant to the United States Constitution, Amendments V, VI, and XrV; Brady v. Maryland (1963) 373 U.S. 83 and its progeny; California Penal Code section 1054,1; and California case law. The requested material does not constitute personnel records protected by Pitchess, as it was not generated in coimection with appraisal or discipline, was generated independently of internal investigation, and arose in the context of a criminal investigation. {Pasadena Police Officers Association v. Superior Court (2015) 240 Cal.App.4th 268, 287-288, 292; City of Eureka v. Superior Court (2016) 1 Cal.App.5th 755.)

Please provide the following materials:

1. A list of all Antioch Police Department (APD) and Pittsburg Police Department (PPD) officers being investigated by Contra Costa District Attorney’s Office and/or the Federal Bureau of Investigations for acts of moral turpitude;

2. Investigative reports, recordings, videos, phone records, and/or any other materials gathered during the course of the investigation, in complete and unredacted form, without any limiting protective order;

3. A list of all law enforcement officers involved in the text chains that were discovered by your office during the investigation of acts of moral turpitude, and the agency each officer is employed by;

4. Unredacted copies of any reports regarding the text messages, including but not limited to Contra Costa County District Attorney Senior Inspector Larry Wallace’s reports;

5. Copies of all the text messages discovered to date, including any that may have also been sent or received by PPD officers or officers in any other law enforcement agencies;

6. Any other investigative reports, recordings, videos, phone records, and/or any other materials gathered during the course of investigating the text messages, in complete and unredacted form, without any limiting protective order;

7. A complete list of all pending and closed Public Defender and Alternate Defender cases in which the officers engaged in the text messages, whether as recipients or active participants, and/or under investigation for crimes of moral turpitude, were involved;

Please consider this request as ongoing. As your office obtains new material, please continue to provide complete, unredacted discovery and provide an updated list of affected cases.”

Questions for DA Becton, Antioch Police Chief Ford

Becton and Antioch Police Chief Steve Ford were asked via email Saturday afternoon if they had responses to McDonnell’s request.

4/17/23 UPDATE: DA’s Office PIO Ted Asregadoo responded Monday morning, “DA Becton and PD McDonnell are scheduled to meet this afternoon at 1 pm at the DA’s Office on Ward Street in Martinez.”

Please check back later for any additional other updates to this report.

Report released to defense on attorneys on Monday, Mercury News obtained, reported on it; DA’s office redacting report before releasing to other media

By Allen D. Payton

Following the release to defense attorneys on Monday, April 10, 2023, of the 21-page report of racist and offensive texts by Antioch Police Officers, which was obtained and reported on by the Mercury News on Tuesday, Contra Costa Public Defender Ellen McDonnell issued a statement calling on D.A. Diana Becton to pause all criminal filings and current prosecutions involving the department.

“I have reviewed these text messages, they are abhorrent and reprehensible. They reveal an entrenched culture of hatred, racism, homophobia, misogyny, and violence throughout the Antioch Police Department,” McDonnell wrote, “The racist, homophobic, and violent behavior of these officers will impact thousands and thousands of criminal cases including pending cases and past convictions related to the Antioch Police Department.  I have reached out to District Attorney Becton and asked that she immediately pause all criminal filings and current prosecutions involving the Antioch Police Department.  I have also requested that her office evaluate pending Antioch cases for immediate dismissal, and that they begin a comprehensive review of the many thousands of Antioch Police Department related convictions to determine which cases should be dismissed.”

“These racist text messages and the continued disclosures regarding the Antioch Police Department expose a pervasive and troubling culture which should undermine any reliance on the credibility of officers from the force,” she continued. “These text messages clearly constitute textbook violations of the California Racial Justice Act. Our office will initiate a widespread review of all cases involving the Antioch Police Department and will immediately begin seeking justice for those targeted by these officers.”

The unredacted text messages were released to the Times by attorneys for the defendants in the murder case currently being adjudicated in Contra Costa Superior Court, but not to other media. According to Contra Costa DA’s Office PIO Ted Asregadoo they will be released to the media once they’ve been redacted.

“Per Judge Clare Maier’s order on Friday, we did disclose the investigative reports in the Pugh, Windom, et al case. These are unredacted reports and they were delivered on Monday,” he wrote. “Judge Maeir’s order also specified that redacted reports could be released. We are in the process of redacting the information in the reports ordered by the judge and will notify the press when those reports are available and how to obtain them.”

By Contra Costa Animal Services Department

Our shelter is FULL and we need your help! Through April all animals are FREE* to qualified homes. Come visit us and let us help you find your new best friend. To see a full list of available animals with pictures, check out our website: ccasd.org

The Contra Costa Animal Services Department Martinez Shelter is located at 4800 Imhoff Place.

Applications for three-year term due April 21

By Julie DiMaggio Enea, Contra Costa County Office of Communications & Media

The Contra Costa County Board of Supervisors is seeking individuals with a sound business background, experience in pension fund investment or administration, or in equity investments or banking to serve on the Contra Costa County Employees’ Retirement Association Board of Trustees.  To be considered, candidates must be County residents, must not be Retirement System members or retirees, and may not market any investment, consulting, or related service to the Contra Costa County Retirement Board or any other 1937 Act Retirement Board.

Regular meetings of the Retirement Board are held on the second and fourth Wednesdays of each month, beginning at 9:00 a.m. and sometimes extending into the afternoon.  There may also be additional meetings on special topics that arise from time to time.

Members of the Retirement Board receive $100 per meeting up to a monthly maximum of $500, plus reimbursement for actual and necessary expenses.  The appointment will be for a full three-year term beginning July 1, 2023, and ending June 30, 2026.

Application forms can be obtained from the Clerk of the Board of Supervisors by calling (925) 655-2000 or by visiting the County webpage.  Applications should be returned to the Clerk of the Board of Supervisors, County Administration Building, 1025 Escobar St., Martinez, CA  94553, no later than 5 p.m. on Friday, April 21, 2023.  Applicants should plan to be available for public interviews in Martinez on Monday, May 9, 2023.

Further information about the Retirement Board can be obtained by calling CCCERA CEO Gail Strohl at (925) 521-3960 or by visiting the website www.cccera.org.

El Condado de Contra Costa Examina a la Comunidad para Planificación de las Artes y la Cultura

By Kristi Jourdan, Office of Communications & Media

What is the future of Contra Costa County’s arts and cultural landscape? As part of the County’s efforts to develop an Arts & Culture Strategic Plan, a survey will be available to residents during the month of April to gather community feedback.

The County has contracted with Arts Orange County as Project Manager to lead the arts and culture planning process. The goal is to guide an arts and cultural planning effort through an inclusive community engagement process that recognizes and respects the geographic and demographic diversity of the County. The process also includes an inventory of the County’s arts and cultural assets, including organizations, venues, and public art.

The survey will be open until April 30, 2023. To participate, visit www.surveymonkey.com/r/NSMSL2B

A Spanish language version of the survey is available at www.surveymonkey.com/r/YJHCQDH

¿Cuál es el futuro del panorama artístico y cultural del Condado de Contra Costa? Como parte de los esfuerzos del Condado para desarrollar un Plan Estratégico de Arte y Cultura, una encuesta estará disponible para los residentes durante el mes de Abril para recopilar comentarios de la comunidad.

El Condado ha contratado a Arts Orange County como Gerente de Proyecto para dirigir el proceso de planificación de las artes y la cultura. El objetivo es guiar un esfuerzo de planificación artística y cultural a través de un proceso inclusivo de participación comunitaria que reconozca y respete la diversidad geográfica y demográfica del Condado. El proceso también incluyeun inventario de los bienes artísticos y culturales del Condado, incluidas organizaciones, lugares y arte público.

La encuesta estará abierta hasta el 30 de Abril de 2023. Para participar, visite www.surveymonkey.com/r/NSMSL2B Una versión en Español de la encuesta está disponible en www.surveymonkey.com/r/YJHCQDH

 

 

After April 3 state order expires

Staff in local skilled nursing facilities (SNFs) will be required to continue wearing masks under a new Contra Costa County health order.

The order, which requires masks to be well-fitted and cover the nose and mouth, will also apply to paramedics, emergency medical technicians, contractors and vendors when they enter these facilities in Contra Costa. The masking order will not apply to SNF patients or visitors seeing their loved ones.

The County’s health order will go into effect on Monday, April 3, immediately after the state’s COVID masking order for healthcare settings expires.

“Requiring staff at SNFs to wear well-fitting masks will help protect their vulnerable elderly patients from being infected with COVID,” said Dr. Ori Tzvieli, the County’s health officer, who is issuing the order. “We know from our experience during the pandemic that the people SNFs serve – seniors with serious underlying health problems – are the ones who are most susceptible to severe outcomes from a COVID infection.”

Since the pandemic began in 2020, 57% of the deaths from COVID in Contra Costa have been among people ages 75 and older.  

There are 30 SNFs in Contra Costa. Skilled nursing facilities provide a higher level of medical care than other long-term care facilities. The order will not apply to assisted living facilities, residential-care facilities or board-and-care homes, although masking is still highly recommended in those settings.  

Hospitals and outpatient healthcare clinics in Contra Costa County will not be subject to the new County order, although local health systems can choose to enforce their own masking policies. Dr. Tzvieli said hospitals have robust infection-control policies and personnel and can determine if and when masking is required.

California’s pandemic-related health emergency ended on Feb. 28. While the state is lifting its masking requirements for healthcare settings on April 3, local health officials can still issue their own masking orders.

Under the County health order, a well-fitted mask is defined as covering the nose and mouth and it’s strongly recommended that SNF personnel use higher-quality masks, such as an N95 or KN95/94, to provide the maximum protection.

County health staff were asked why the order is still necessary when there has been less than a 1% infection rate in the county in the past 60 days and according to a physician at John Muir Medical Center Concord, the latest COVID strain is treated like a bad cold and they no longer hospitalize for it.

UPDATE: According to Contra Costa Health spokesman Will Harper, “The new local order is narrowly focused on skilled nursing facilities and not any other settings. We are focusing on SNFs in this order because they are where we have seen some of the worst impacts of COVID in Contra Costa County, and we are being cautious with removing one of the last major layers of protection in this setting. As we said in the press release, requiring staff in skilled nursing facilities to wear masks will help protect the vulnerable elderly patients they serve.

From March 2020 to August 2022, deaths of residents of skilled nursing facilities accounted for approximately 27% of all deaths from COVID in the County and, looking more broadly, since the start of the pandemic, 57% of the deaths from COVID in Contra Costa have been among people ages 75 and older.”

Allen D. Payton contributed to this report.

 

The Physicians’ and Dentists’ Organization of Contra Costa (PDOCC), a labor union representing more than 240 doctors in Contra Costa County’s public health system, announced a contract agreement with county management. 

The agreement was supported by 90 percent of voting PDOCC members and approved by the County Board Supervisors on Tuesday, May 21. It avoids a historic strike which would have impacted operations throughout the county health system. 

The contract enhances the time doctors have to manage their panels of patients and also makes the compensation package more competitive in the Bay Area market. 

The contract addresses many issues PDOCC members raised in their negotiations. During the negotiations county doctors and dentists pointed to high patient caseloads, insufficient time for administrative tasks, long waits for primary care appointments and specialty referrals, chronic short staffing and high turnover – all of which combine to negatively impact patient care and health impacts. 

“Our new contract advances our goal of improving the ability of Contra Costa County to recruit and retain top medical and dental talent to best serve our communities,” said Dr. David MacDonald, PDOCC President. “We will continue advocating for the patient care issues we called attention to in our negotiations, but we are optimistic about our progress and path forward.” 

 

The Contra Costa County Superior Court is accepting applications for jurors to serve on our 2023-2024 Civil Grand Jury. The application deadline is March 24, 2023. Application for Grand Jury

Contra Costa County’s Grand Jury consists of 19 citizens. A new Grand Jury is impaneled each year. Grand Jurors are officers of the court, and function as an independent body under the guidance of a Superior Court judge.

Every year, in each of California’s 58 counties, a group of ordinary citizens takes an oath to serve as grand jurors. Its function is to investigate the operations of the various officers, departments and agencies of local government. Each Civil Grand Jury determines which officers, departments and agencies it will investigate during its term of office.

Apart from the investigations mandated by the California Penal Code, each county’s Grand Jury decides what it will investigate. Investigations may be initiated in response to letters from citizens, newspaper articles and personal knowledge.

For more information about the Contra Costa County Civil Grand Jury visit Civil Grand Jury: Contra Costa Superior Court (cc-courts.org) and Civil Grand Jury – jury_service (ca.gov).