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.”

“contain unambiguously and historically racist speech directed toward the suspects the officers were investigating.” – DA Diana Becton

By Allen D. Payton

Following a Friday, April 7th ruling by Contra Costa Superior Court Judge Clare M. Maier during a felony court case involving Antioch Police officers, racist texts exchanged by the officers and directed toward the suspects will be disclosed to the defense, District Attorney Diana Becton announced. Several Antioch officers are currently on paid leave and under investigation for alleged racist and other offensive texts, in addition to the remaining seven out of eight officers that have been on paid leave and under investigation by the FBI and DA’s Office since March 2022. One of the eight Antioch officers quit the force. (See related articles here and here)

Becton shared that the judge “urged caution in the distribution of the language and images contained in the texts as they can spark more hatred toward Blacks and Latinos.”

Statement by DA Diana Becton on Disclosure of Racist Texts in Felony Case

Today, Contra Costa Superior Court Judge Clare Maier ruled on the disclosure of information that centers on racist text messages exchanged by Antioch Police officers.

For over a year, the FBI and the Contra Costa District Attorney’s Office have engaged in a joint federal and state criminal investigation of sworn law enforcement officers from the Antioch Police Department and Pittsburg Police Department. The broad range of offenses under investigation involve crimes of moral turpitude.

Due to the sensitivity and scope of the investigation, a court procedure was established to balance the integrity of the criminal investigation with the disclosure of exculpatory information (i.e., evidence that is beneficial to a defendant).

In accordance with legal precedent, the Contra Costa District Attorney’s Office has been scrupulous in maintaining the balance as the court constructed.

Recently, additional information has come to light in which police misconduct directly overlaps and impacts a charged felony case.

The joint investigation with the FBI has revealed that Antioch Police officers exchanged text messages which contain unambiguously and historically racist speech directed toward the suspects the officers were investigating.

The racial animus expressed by officers in the recovered text messages trigger additional statutory concerns under the Racial Justice Act.

In seeking further direction from the court, the DA’s Office and the defense appeared in front of Judge Maier on April 4th to present information detailing the overlap of the officers’ misconduct and a charged felony case.

In her ruling today, Judge Maier said that the offensive texts in the two investigative reports shall be disclosed to the defense in the charged felony case. She added, the reports will be redacted to shield cell phone numbers and urged caution in the distribution of the language and images contained in the texts as they can spark more hatred toward Blacks and Latinos.

The integrity of the joint investigation and legal requirements for the disclosure of exculpatory evidence is of paramount importance to the District Attorney’s Office. Our office will continue to work tirelessly to ensure public trust and public safety for the residents of Contra Costa County.

Diana Becton

District Attorney, Contra Costa County

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).

 

By Matt J. Malone, Public Information Officer, Superior Court of California, County of Contra Costa

Per Government Code Section 68084.1, the Court intends to escheat the sum of $201,665.09 in the Court’s Operations Fund that has remained unclaimed for a period exceeding three years. For more information on the unclaimed funds, please visit the Court’s website at:

https://www.cc-courts.org/fees/unclaimedfunds.aspx

The Court has published a legal notice in the East Bay Times and has sent letters to potential owners of these funds. If you believe that you are entitled to any of the funds, you must complete and submit a Claim Affirmation Form and Claim for Reimbursement. These forms and instructions are available at the above hyperlink. Claim forms must be postmarked no later than March 24, 2023.

Cases in which a jury has already been empaneled and the trial underway, will proceed as previously scheduled.

By Allen Payton

In response to concerns of juries being cancelled as of Monday, Dec. 27, a spokesperson for the Contra Costa Superior Court provided the following explanation:

“The Court remains open and fully operational with one exception. The Court has suspended jury selection/panels out of an abundance of caution with the increased infection rate in the County having risen 165%.  This will only impact any case in which voir dire is currently underway or in cases set to begin between now and January 14th. Cases in which a jury has already been empaneled and the trial underway, shall proceed as previously scheduled.

This is a very disappointing development as the Court was making good progress in addressing the backlog of cases.

That said, the risk of exposure and infection for court employees and court users (including defendants detained in county jail) is too great for the time being in light of the new COVID-19 variant and significant rise in infection rates in Contra Costa County.

All other services remain open to the public and are functioning.”