Archive for the ‘District Attorney’ Category

Mayor Wright condemns “another disturbing announcement” from our District Attorney

Saturday, October 3rd, 2020

Photo courtesy of Sean Wright for Mayor campaign.

Say “Hello” to more drugs on our streets

Mayor Sean Wright.

Antioch Residents,

I emailed you recently about Contra Costa County District Attorney’s surprise announcement requiring prosecutors to consider “need” before deciding whether to charge an individual with LOOTING. Last week, the DA made another disturbing announcement.

Individuals caught possessing smaller quantities of heroin, cocaine or methamphetamines WILL NOT BE CHARGED with a crime. UNBELIEVABLE. It gets worse. Actually, an individual can be caught three times in the span of a year and STILL NOT GET CHARGED for drug possession. (See related Herald article)

In effect, what the DA has done is legalize drugs in our county. I worry about how this might increase drug use among youth and increase crime in our City. I would be interested in your thoughts – please CLICK HERE to send me an email.

My opponent, Lamar Thorpe, is a huge supporter of the District Attorney’s policies and supported her re-election (click here for documentation). If elected, I worry that he will embrace policies that favor criminals, which would do more damage than not to our community.

Thank you for reading this message.

Dr. Sean Wright – Antioch Mayor

Letters – Council candidate White responds to “Women Leaders Condemn Remarks by Antioch Mayor”

Saturday, October 3rd, 2020

Publisher’s Note: This was received in our email on Sept. 21 but was inadvertently overlooked, until today.

Sandra White.

Dear Editor:

My name is Sandra White, and I am running for Antioch City Council, District 4.  I want to make everyone aware of the current state of politics in the City of Antioch, and why I am running for office.

Some of our current City Council members are trying to defund the Antioch Police Department, use taxpayer dollars to put homeless in a hotel that is a stone’s throw away from residential neighborhoods and a school; and are trying to divide the residents of Antioch using race-baiting tactics to accomplish the election of candidates who will further the above agenda.

On September 8th, 2020, some Antioch residents received an email that appears to have come from my opponent in District 4.  It seems a candidate for mayor orchestrated a smear tactic directed at Mayor Wright, who came out against District Attorney Diana Becton’s undefined guidelines for the prosecution of looters.

Screenshot of email provided by Sandra White’s campaign showing the source of the email.

In the article, my opponent implied Mayor Wright’s comments were somehow divisive because he disagreed with the DA’s allege pro-criminal approach to dealing with offenders in our community.  The smear piece suggests that the mayor’s statements were somehow based on DA Becton’s race and gender.  These types of divisive politics are toxic for Antioch, and things need to change.  As an African American woman, I am offended when people try to use race and gender to divide us, as my opponent alleges smear piece tried to do.

For the record, I am pro-police and believe the Antioch Police Department is understaffed.  I am currently a volunteer for the City of Antioch as the Chair of the Police Crime Prevention Commission.  I have met with many of you in my district to assist with making our neighborhoods safer.  When I am elected, I will be better positioned to make our entire community even safer.  I genuinely believe we do not need less police; we need more officers and mental health resources to assist our police department. Our understaff police department is inundated daily with calls that can be handled by a Crisis Prevention Unit.

The safety of you and your family will be my priority.  When I am elected to office, I will ensure our police department continues to model “Best Practices” within the Law Enforcement community. I stand with Mayor Wright and believe that after our police officers arrest criminals for victimizing our businesses, they should be held accountable and prosecuted.

Regarding our Homeless population, we all agree; there needs to be a solution.  Many of our homeless residents have mental health and drug/alcohol addiction issues. The only way the Homeless situation can drastically improve is by getting needed services and funding on a county and state level and laws and policy changes that allow families to intervene to get their loved ones help.  To suggest a Homeless hotel in a residential / school neighborhood (costing at least $1 million) without wrap-around services is reckless and a waste of your tax dollars!

We need to bring back businesses to Antioch taking the approach that our neighbors to the East and West have done.  Do you ever ask yourself why companies are not coming to Antioch? It is simple; we have crime and blight issues that are not my opponent’s concern and other members of the city council.  If we want to attract businesses, we need to lower our crime, beautify our city, and work with county and state officials to get our Homeless population to reduce the number of homeless residents.

If you are happy with Antioch’s current “status quo,” such as the conditions related to blight, low police staffing, increase in homelessness, and crime, then I am not the candidate for you.

We should all want our community in Antioch to become a positive change with a fully staffed police department, businesses returning to Antioch, a thoughtful and focused approach to reducing blight, homelessness, and quality of life issues. In that case, I am that candidate, and I hope you will vote for Sandra White, for Antioch City Council, District 4.

Sandra White

Candidate

Antioch City Council, District 4

 

Women Leaders Condemn Remarks by Antioch Mayor

Antioch, California — September 8, 2020 — Several women community leaders, including two Antioch city councilmembers, today condemned false accusations being spread by Mayor Sean Wright against Diana Becton, the county’s first elected woman, and Black district attorney, in his bid for reelection.

In an email sent to supporters last month, Wright claimed Becton created a policy that says it is OK for looters to steal items if they need them. “According to our DA, if the looters ‘need’ an item in a retail shop, for example, it is ok for them to take that item without being charged,” he wrote. Wright included a photo of a Black man looting a store in Chicago in his email.

Wright shared a September 1, 2020 article by The Daily Wire, a conservative news and opinion website, that supported his accusation against Becton. However, since the article was published, Snopes, an independent fact-checking website, found claims made in the article and shared on other right-wing websites were false.

In June, Becton issued guidelines that encouraged prosecutors to make a distinction between thefts and burglaries that merely happen to take place during a state of emergency and lootings, which are “substantially motivated by” a state of emergency. Contrary to Wright’s claim, the guidelines do not advise prosecutors not to go ahead with a looting charge if a suspect was found to have been motivated by “personal need.”

“Frankly, I’m shocked by the mayor’s comments, especially since he is running on a platform to unite the community,” said Monica Wilson, Antioch’s first Black woman city councilmember. “Fearmongering and spreading lies to drum up votes are not how you unite a community, especially a community like Antioch, where the majority of residents are people of color.”

“For a mayor of a city this size, it is completely irresponsible to make a statement based on unverified information that is later proven false,” said Antioch Mayor Pro Tem Joyann Motts. “At a time when we are trying to bring the community together, this is very divisive.”

Wilson also condemned similar remarks recently made by Steve Aiello, president of the Antioch Police Officers Association. In a September 1, 2020 story published by EastCountyToday.net, Aiello accused Becton of being “reckless” by “picking and choosing the types of crimes” her office prosecutes.

“There is very clearly a double standard going on here,” Wilson said. “Our district attorney has done nothing wrong, yet she has gained nationwide attention for her actions simply because she is a Black woman in a position of leadership. Meanwhile, we have had elected men here in Contra Costa County embezzle money, make unwanted sexual advances, and say inappropriate things, and it barely registers a blip on the radar.”

Other local women leaders who were disappointed in Mayor Wright’s comments included Tamisha Walker, an East Bay activist. “When we find ourselves misunderstanding the actions that are being taken at this moment, it would be more productive to find common ground rather than inferring that the leadership of a woman of color is irresponsible and reckless,” Walker said. “Solidarity is what we need during this time, not separatism that could lead to harm in any form. Black women can lead consciously and with full integrity during these very difficult and unprecedented times.”

The disturbing part is intentionally misinterpreting DA Becton’s stance for shock value,” said Carolyn Wysinger, an East Bay activist and Board Chair of San Francisco PRIDE. “The mayor wrote, ‘According to our DA, if the looters “need” an item in a retail shop, for example, it is ok for them to take that item without being charged. I don’t agree with this approach — do you?’ That is classic dog-whistle politics, and THAT’S what we are calling out.”

Courtney Masella-O’Brien, attorney and community activist, said the mayor’s comments were reckless. “At a time when tensions and division in our country and our county are at an all-time high, people need to be responsible and make sure they have their facts accurate and complete, especially when it comes to Contra Costa’s first Black and first woman DA,” she said.

Arianna Grady, an Antioch student activist, said Wright’s comments typified the type of undue scrutiny Black women often encounter. “My mother always taught me that there are two things already against you in this world: ‘You’re Black and that you are a woman.’” Grady said. “Every day, Black women and men suffer from hardships. When we have passion in our voices, we are labeled ‘aggressive.’ When our hair isn’t considered ‘professional,’ we are ‘ghetto.’”

“This certain situation goes to show the continuous hardship we face, which causes us to work ten times harder with only half the expected outcome,” Grady added. “Being a Black woman in politics has shown me how hard we have to work for what we want, as many odds are against us. In this particular situation, it goes to show that we should not be misread and blasted by our peers but understood. This situation should only make us all want to continue to fight for and vote in people who will fact check, understand, and seek to empower all.”

In the 100 years since women fought and won the right to vote, we’ve made great strides,” said Susannah Meyer, another local activist. “Our mothers and grandmothers faced discrimination and challenged gender oppression so that we could vote for women in office and actually have hope that they would be elected to serve. In those 100 years, we have made great strides inequality for women and are living in a world our trailblazing ancestors could only imagine. But we have a long way to go.

“While women leaders and elected officials are still judged on anything other than their integrity, their achievements, and their ability to lead, we still have a long way to go,” Meyer said. “While we calmly accept being treated like our voices don’t matter so we aren’t seen as angry or defensive, we still have a long way to go. Our next generation of women, and the generation after that, will look back and thank us for continuing the fight for gender equality. And we will fight, because we’ve made great strides, but we still have a long way to go.”

References:

Sean Wright’s campaign email:

https://secure.campaigner.com/CSB/Public/archive.aspx?args=NDU5NTMyMDA%3D&acc=NzU5ODM5&fbclid=IwAR2s9TznAap7tm3YOAaHeE14JfULlNEdWdi6FMZKS5_7OJUK-v2VnYMQ4I4

Did a California DA Say Looting Is ‘Okay’ If Suspects ‘Need’ What They Steal?

https://www.snopes.com/fact-check/california-da-becton-looting-need/

Antioch Mayor Blasts Contra Costa District Attorney’s Policy on “Looters”

https://eastcountytoday.net/antioch-mayor-blasts-contra-costa-district-attorneys-policy-on-looters/

 

Contra Costa DA Becton won’t prosecute certain first-time criminals

Thursday, October 1st, 2020

Including drug offenders arrested with small amounts or for other crimes such as shoplifting, petty theft, disorderly conduct   

To “divert low-level recreational users out of the criminal justice system and into health care system”

“Reducing strain in the courts” at presiding judge’s request

By Scott Alonso, Public Information Officer, Office of the District Attorney, Contra Costa County

Contra Costa County District Attorney Diana Becton announced last week, misdemeanor filing considerations for the DA’s Office regarding . Originally initiated as a pilot, the considerations are now formal policy for the Office. The DA’s Office will no longer file charges against most people arrested or cited solely for the possession of small amounts of drugs. The idea is to divert low-level recreational users out of the criminal justice system and into the health care system with the goals of both reducing the strain in the courts and on law enforcement, and also by providing treatment options for the user.

Last year District Attorney Becton and Public Defender Robin Lipetzky were contacted by the presiding judge of the court who stressed the need to reduce the significant backlog of low-level, non-violent misdemeanors in the court system. The backlog of cases was slowing down court operations and proving to be an immense burden on the budgets of various law enforcement agencies and the courts.

Furthermore, there have been significant changes in the laws governing personal drug use that have changed the dynamics of prosecuting low-level drug cases. The aim of these considerations is to stop chronic patterns of arrest and to connect individuals to community based behavioral health services. For a first-time offender we will refer the person to health care services in our community. The policy allows the DA’s Office to focus our efforts on cases that may pose significant public safety concerns such as criminal street gangs, drug dealers, violent criminals, and cases involving firearms.

“When I took Office, I realized we had to change our perspective on filing cases, especially low-level drug cases. From my experience as a judge I saw first-hand how individuals were cycling through our system. Now as the District Attorney, I worked with several law enforcement partners throughout the county to build a plan and gain consensus on how best to proceed with these types of cases. We cannot prosecute ourselves out of this growing trend of low-level offenses being submitted to our Office for a filing decision,” said DA Becton.

Prosecutors will use their discretion on these low-level non-violent offenses to determine if criminal charges are appropriate. Pre-filing diversion is also available for individuals in lieu of a formal criminal complaint.

DA Becton stated, “As I do with all of my Office’s policies, I will periodically review this policy and work with my justice system colleagues to ensure its effectiveness and to modify it when necessary.”

In several situations, the policy may not apply. The exceptions include: the person has been arrested on three previous occasions in the past year for a misdemeanor drug offense, the theft is more than $300 in value, or the subject is on probation.

Misdemeanor Filing Considerations

FIRST-TIME AND STAND-ALONE OFFENSES

For the offenses below, do not file a case predicated upon these statutes if the individual is a first-time offender or this is a stand-alone charge. Consider use of CAPS, Infracting, or a Probation Violation as appropriate.

If an individual becomes a repeat offender, review all cases to include any previously unfiled incidents.

Note: For any of the below offenses, these considerations do not apply if:

  • There are multiple violations (2 or more within a 12-month period)
  • Theft cases: amount of stolen items is $300 or more
  • Defendant is currently on probation
  • Low net weight cases of controlled substances will generally not be filed unless there are three or more misdemeanor drug offenses or another qualifying exception within a 12-month period

The misdemeanor charges these considerations encompass are as follows:

STATUTE                 NAME OF STATUTE

BP 4060                      Possession of Controlled Substance

BP 4140                      Possession of Hypodermic or Syringe

HS 11357                    Possession of Marijuana

HS 11364                    Possession of Drug Paraphernalia

HS 11350                    Possession of Controlled Substance

HS 11377                    Possession of Controlled Substance

HS 11550                    Under the Influence of Controlled Substance

PC 415                        Disturbing the Peace

PC 459.5                     Shoplifting

PC 466                        Possession of Burglar Tools

PC 484                        Petty Theft

PC 602                         Trespass

PC 647(f)                    Disorderly Conduct

PROBATION VIOLATIONS

If an individual is already on Probation, consider electing to file a Probation Violation in Lieu of a new docket. Consult with your supervising DDA as appropriate.

SUSPENDED LICENSES

Infract the below vehicle code offenses. Note: this does not apply to VC 14601.2 and VC 14601.5 offenses.

STATUTE                 NAME OF STATUTE                                              ACTION

VC 12500                    Unlicensed Driver                                                       INFRACT

VC 14601.1                 Non-DUI Suspended or Revoked License                  INFRACT

Contra Costa DA files charges in Antioch 2015 homicide cold case, three more in Concord

Tuesday, September 15th, 2020

Result of years-long Operation by FBI Safe Streets Task Force

By Scott Alonso, Public Information Officer, Contra Costa County District Attorney

Martinez, Calif. – Today, Tuesday, September 15, 2020 the Contra Costa County District Attorney’s Office is announcing three homicide cold cases, involving multiple defendants who are gang members affiliated with the Sureños, were filed recently. The gang violence was focused in South Concord and near Monument Boulevard. This successful effort was due to the years-long investigation and operation led by the FBI Safe Streets Task Force and local partners, including Concord Police, FBI, U.S. Attorney’s Office of Northern California, Bureau of Alcohol, Tobacco & Firearms along with our Office. Two cases were filed last week, and one was filed yesterday, totaling four homicides involving 11 defendants. (See related article)

One of the homicides occurred in Antioch, and the victim was from Pittsburg, (See related article). The other three of the homicides occurred in Concord.

Operation Boulevard Blues culminated in a major law enforcement operation last Thursday that resulted in the arrest of 31 individuals and involved 31 different law enforcement agencies. Thirty-four search warrants were executed in multiple locations across Contra Costa County and 42 firearms were recovered. The details of the operation were announced earlier this morning with our federal partners.

“Our local efforts working collaboratively with our law enforcement partners, especially Concord Police, will keep our community safer and take violent gang members off the streets of Concord,” said District Attorney Diana Becton. “This successful operation started with a wiretap and led to multiple gang members involved in senseless murders and violence being arrested. While these cases were not solved right away, Concord Police and the FBI Safe Streets Task Force did not give up and fortunately we can bring some closure to the victims’ families.”

Overall, the DA’s Office filed three separate homicide complaints involving the following gang members of the Sureños – all of the alleged four homicides were done for the benefit of the gang:

  • People v. Michael Valdez, Andrew Cervantes, Daniel Rodriguez, Docket Number 01-194377-8

o   Victim is Marcos Villazon of Pittsburg, Date of Alleged Murder is November 21, 2015 in Antioch

o   Victim is Luis Estrada, Date of Alleged Murder is November 30, 2015 in Concord

  • People v. Rafael Lopez & Juan Barocio Jr., Docket Number 01-194379-4

o   Victim is Victor Gutierrez, Date of Alleged Murder is April 17, 2014 in Concord

  • People v. Jose Cisneros, Marcos Ochoa, Luis Cruz, Aurelia Mendez, Antonio Mendez, Jose Ochoa, Docket Number 01-194418-0

o   Victim is Erick Cruz, Date of Alleged Murder is September 12, 2015 in Concord

The criminal investigations because of this operation are still active and ongoing. All of the defendants charged by the DA’s Office remain in custody.

Allen Payton contributed to this report.

Kelly-Moore Paint agrees to $1.43 million settlement with 10 DA’s for illegal dumping of hazardous waste

Tuesday, September 15th, 2020

Violated state environmental protection laws

By Scott Alonso, Public Information Officer, Contra Costa County District Attorney

Martinez, Calif. – Contra Costa County District Attorney Diana Becton announced Monday, a $1.43 million settlement against Kelly-Moore Paint Company (Kelly-Moore) to resolve allegations that the company violated California state laws governing hazardous waste by routinely and illegally disposing of paint colorants, paint, electronic devices, aerosol products, and other hazardous wastes into company waste bins destined for municipal landfills not authorized to accept hazardous waste. The lawsuit also resolves allegations that Kelly-Moore failed to shred customer records containing confidential information before disposal.

“My office will always strive to protect the environment and public health by holding companies accountable for violating our environmental laws. This settlement not only acts as a deterrent against other potential violators but more importantly contains injunctive provisions to ensure Kelly Moore will maintain environmental compliance into the foreseeable future.,” stated Contra Costa County District Attorney Diana Becton.

Kelly-Moore is a retail paint company in North America. In California the company owns or operates approximately 106 retail stores, including nine stores in Contra Costa County as part of this settlement.

The investigation of Kelly-Moore was initiated by the California Department of Toxic Substance Control (DTSC). From March 2016 through December 2018, inspectors from the DTSC, and investigators from other district attorney offices statewide, conducted a series of undercover inspections of waste bins originating at 29 separate Kelly-Moore locations. These inspections found numerous instances of unlawful disposal of hazardous waste paint colorants, paint, electronic devices, aerosol products, and other hazardous wastes. Kelly-Moore also violated laws meant to protect vulnerable confidential consumer information by unlawfully disposing of customer records without having rendered personal information unreadable.

When Kelly-Moore officials were notified by the prosecutors of the unlawful disposals, they immediately agreed to cooperate with the People and promptly implemented measures and dedicated additional resources towards environmental compliance at its stores. Stores are required to properly manage hazardous waste and to retain their waste in segregated, labeled containers to minimize the risk of exposure to employees and customers and to ensure that incompatible wastes do not combine to cause dangerous chemical reactions. Hazardous waste produced by Kelly-Moore stores through damage, spills, and returns is being collected by state-registered haulers, taken to proper disposal facilities, and properly documented and accounted for.

The settlement requires a monetary payment of $1.43 million. This consists of $825,000 for civil penalties, $178,750 for supplemental environmental projects, and $425,000 for reimbursement of investigative and enforcement costs. Kelly-Moore gets a credit of $125,000 against the penalties if it undertakes at least $250,000 in environmental enhancement work not required by law. In addition, the settlement includes provisions requiring Kelly-Moore to employ a California-based compliance employee to oversee Kelly-Moore’s hazardous waste compliance program and to undergo a trash receptacle audit to ensure hazardous wastes and confidential consumer information is properly disposed of at all stores. The results of the audit must be shared with the public. The company must also comply with 28 injunctive requirements pertaining to environmental and confidential consumer information protection laws.

Joining District Attorney Becton in this lawsuit are the District Attorneys of Alameda, Monterey, Placer, San Francisco, San Joaquin, San Mateo, Santa Clara, Sonoma and Yolo Counties.

DA issues policy requiring prosecutors consider reason for looting during state of emergency before charging with crime

Wednesday, September 2nd, 2020

Policy issued by Contra Costa DA Diana Becton to Deputy DA’s. Courtesy of CCCDA.

Antioch Mayor Wright “disturbed” by and doesn’t “agree with this approach”; 3 arrested for theft of $20,000 of alcohol in San Pablo not charged as looting; more cases affected by policy

By Allen Payton

Contra Costa County District Attorney Diana Becton issued a policy in June, that recently went public, requiring her Deputy DA’s assess the reason someone was looting during a state of emergency before filing charges against them. However, the policy doesn’t prevent police officers from arresting the looter, according to DA’s office spokesman, Scott Alonso. CCDA Looting Guidelines

In the document obtained by Red State News, and shared with the Herald today, reads:

Theft Offenses Committed During State of Emergency (PC 463)

In order to promote consistent and equitable filing practices the following analysis is to be applied when giving consideration to filing of PC 463 (Looting):

1. Was this theft offense substantially motivated by the state of emergency, or simply a theft offense which occurred contemporaneous to the declared state of emergency?

a. Factors to consider in making this determination:

i. Was the target business open or closed to the public during the state of emergency?
ii. What was the manner and means by which the suspect gained entry to the business?

iii. What was the nature/quantity/value of the goods targeted?

iv. Was the theft committed for financial gain or personal need?

v. Is there an articulable reason why another statute wouldn’t adequately address the particular incident?”

“I am not sure how they obtained the policy. But it is our policy,” Alonso confirmed. The policy is true but the article in Red State is highly misleading and frankly wrong.”

He then shared a link to an analysis of the policy and articles about it by Red State and other publications on the Snopes website devoted to fact checking, which has some of it’s own controversial history in getting things wrong, at times.

Alonso then clarified matters by writing, “Nothing in the guidelines prohibits the police from arresting someone for a crime. It is really important to underscore these guidelines are because of the COVID-19 shelter in place given Governor Newsom’s statewide order to declare a state of emergency. We look at if the theft is because there is a state of emergency – or is this simply an offense contemporaneous to the state of emergency. We wanted to ensure consistency across the Office in considering any criminal charges for alleged violations of PC 463. Historically, prior to COVID-19 – we could find no recent evidence that our Office had filed looting charges during a state of emergency.”

“As you know, when evaluating any criminal case our prosecutors look at the circumstances surrounding the incident,” he continued. “These guidelines are consistent with how we evaluate criminal cases. The policy does not say we won’t file these types of cases. The Red State article is incredibly misleading and frankly written from a slanted point of view. The author of the piece did not reach out to us prior to publication. I appreciate you reaching out in advance of publishing anything.”

Section 463 of the California Penal Code states that a person convicted of second-degree burglary or grand theft during a state of emergency is guilty of the crime of looting, which can be punishable by imprisonment in county jail for one year. However, alternative sentencing for someone on probation can be issued for 180 days in jail and 240 hours of community service. The crime of petty theft during a state of emergency is increased to a misdemeanor punishable by six months in county jail or 90 days in jail and 80 hours of community service.

Mayor Wright Responds

In an email sent from his re-election campaign account on Monday, Antioch Mayor Sean Wright wrote to Antioch residents with the subject line, “Unbelievable what our District Attorney just did.”

“I am disturbed by our Contra Costa County District Attorney’s announcement that our police officers must consider if looters ‘needed’ stolen property before they can charge them with looting,” he wrote. “Our DA is the first and only DA in the nation urging this kind of guidance.”

“Looting that takes place in times of emergency, such as we are going through, is against the law,” Wright continued. “According to our DA, if the looters ‘need’ an item in a retail shop, for example, it is OK for them to take that item without being charged. I don’t agree with this approach – do you? Please feel free to share your thoughts on this by clicking here to send me an email.”

He then provided a link to an article about the matter on The Daily Wire.

3 Arrested for $20,000 Theft of Alcohol Not Charged With Looting

One of the cases already affected by the policy includes three people arrested during the COVID-19 pandemic for stealing $20,000 from a beverage store in San Pablo but not charged with looting. Another case involved a woman attempting to break into an ATM during the pandemic, who was also not charged with looting.

The Contra Costa Deputy Sheriffs Association and police officers’ associations in the county are expected to issue a response to the policy, soon.

Contra Costa DA issues joint statement on 11 criminal justice reform commitments

Wednesday, September 2nd, 2020

“…change needed to upend a system rooted in slavery.” – District Attorney Diana Becton

By Allen Payton

Contra Costa District Attorney Diana Becton. From CCC website.

In a joint commentary published on Politico.com last week, Contra Costa County District Attorney Diana Becton and four other district attorneys from across the country issued a statement on 11 criminal justice reform commitments. However, the commentary states they want to transform, not reform the system. The commentary was not sent to local media which cover Contra Costa County.

One of the points reiterates what Becton promoted in June, with other prosecutors in California, which is to ban political contributions from police unions to candidates for district attorney. However, questions to her about that issue, including asking if Becton would also support banning contributions from criminal defense attorneys, were never responded to.

The commentary begins with the claim, “Our criminal legal system was constructed to control Black people and people of color. Its injustices are not new but are deeply rooted in our country’s shameful history of slavery and legacy of racial violence. The system is acting exactly as it was intended to, and that is the problem. We should know: We’re Black, we’re female, and we’re prosecutors. We work as the gatekeepers in this flawed system.”

In that commentary, the five elected prosecutors also wrote, “ Each level of the legal system reflects a level of inherent bias, and unless we stop trying to reform the system and instead work to transform it, we will never achieve the kind of change needed to upend a system rooted in slavery. Working from within, we have begun the steps to rectify past wrongs. We are implementing policies that include declining to prosecute minor offenses, overturning wrongful convictions, refusing to take cases from officers with a history of racial bias and expunging marijuana convictions.”

“Now, we are pushing even further. We have decided to make the following 11 commitments, and we urge our fellow prosecutors to join us:

  1. Do not prosecute peaceful protesters. Citizens have a right to protest, and prosecutions can antagonize marginalized communities.
  2. Do not accept any funding from police unions. This will ensure our offices’ independence, and the ability to hold police accountable for injustice and misconduct.
  3. Require the review of all available evidence — including body-worn camera and other video footage — in cases that rest solely on the testimony of an officer. One officer’s perspective cannot guarantee the full truth, and therefore all available evidence must be reviewed for the cases that come across our desks.
  4. Ban “No Knock” warrants and reexamine our policies for issuing warrants. “No Knock” warrants are a violation of individual rights and represent an overreach of police power. They often result in unnecessary and tragic fatalities, as we saw in the case of Breonna Taylor.
  5. Hold police accountable by pursuing criminal charges against officers unlawfully using excessive force and other forms of state-sanctioned violence.Each member of law enforcement must do their part to hold officers accountable for unlawful practices and misconduct to ensure the safety of every person who comes in contact with the legal system.
  6. Expand our office policies on declining low-level offenses to cover decisions regarding charging and issuing warrants. By increasing our efforts to decline to prosecute certain low-level offenses, we can work to reverse the disproportionate impact the legal system has on Black people and low-income communities.
  7. Financially support and advocate for increases in funding to community-led and community-defined responses, restorative justice and violence prevention programs. Investing in community-led programs is crucial to addressing the racist origins of our legal system.
  8. Commit to using our office’s power and platform to advance discussions of divestment from the criminal legal system and toward community-led and community-defined responses to harm. Strong community support, restorative justice practices and diversion practices are key to dismantling the current legal system and shifting its focus from punishment toward justice.
  9. Develop grant-based community reinvestment programs to be administered in partnership with community-based partners. Community programs have proved to lessen recidivism and keep people out of contact with the criminal legal system, while keeping communities safer, overall.
  10. Solicit feedback from Black and brown community groups we were elected to serve through public, virtual forums in the next two weeks. Only by listening to the most impacted communities and advocates and bringing them to the table, will we truly understand their greatest needs and biggest challenges. Then, we will work together to rectify them.
  11. Commit to budget transparency.A budget is a moral document, and our constituents have the right to see how we allocate our budget and what we are funding to invest in community supports and safety.”

To read the entire commentary on Politico, click here.

Contra Costa Supervisors seek applicants for two seats on Juvenile Justice Coordinating Council

Friday, August 7th, 2020

Contra Costa County District Attorney Diana Becton (center) with the Juvenile Justice Coordinating Council. Photo by CCC.

The Contra Costa County Board of Supervisors is seeking applicants who may be interested in serving on its 19-member Juvenile Justice Coordinating Council (JJCC).

The JJCC is a multi-agency advisory body charged with creating and maintaining the County’s comprehensive Juvenile Probation Consolidated Annual Plan and coordinating county-based juvenile delinquency prevention initiatives. The state-mandated Juvenile Probation Consolidated Annual Plan is designed to improve services for Contra Costa County’s juvenile justice population by assessing existing practices and resources, identifying system needs and gaps, and prioritizing and recommending solutions.

The Juvenile Justice Coordinating Council is composed of the following 19 members:

Nine (9) ex-officio voting members:
1. Chief Probation Officer, as Chair
2. District Attorney’s Office representative
3. Public Defender’s Office representative
4. Sheriff’s Office representative
5. Board of Supervisors’ representative
6. Employment and Human Services Department representative
7. Alcohol and Other Drugs Division representative
8. Behavioral Health Division representative
9. Public Health Division representative

Ten (10) additional voting members selected and appointed by the Board of Supervisors:
10. City Police Department representative
11. County Office of Education representative
12–15. Four (4) At-Large Members, residing or working within Contra Costa County;
16–17. Two (2) Community-Based Organization representatives;
18–19. Two (2) At-Large Youth, age 14 to 21 years old, residing or working in Contra Costa County

The Board is now seeking applications for two (2) of the seats identified above:

–Two (2) Community-Based Organization representatives

This recruitment effort is for mid-term appointments to JJCC seats #16 and #17. The Board of Supervisors is looking to appoint individuals to these seats to complete the remainder of their two-year term that is set to expire on June 30, 2021.

The JJCC is expected to meet on a regular basis, at intervals to be established by the JJCC. Members will serve without compensation, stipends, or reimbursement of expenses. The community-based organization representatives should reflect the geographic, ethnic, and racial diversity of the County and should include those providing restorative justice, faith-based, or mentoring services, to justice-involved, homeless, or foster-care involved youth.

Applicants will be interviewed by the Board of Supervisors’ Public Protection Committee: Supervisors Candace Andersen, District II, and Federal Glover, District V. The nominations for the Juvenile Justice Coordinating Council will then be forwarded to the full Board of Supervisors for action.

Below is a timeline of the recruitment process for the two vacancies:

  • September 18, 2020: Final Day of the Application Period, due by 5:00 p.m.
  • September 28, 2020: Public Protection Committee Meeting Interviews
  • October 6, 2020: Board of Supervisors’ Consideration of Nominees

Application forms can be obtained from the Clerk of the Board of Supervisors by calling (925) 335-1900 or by visiting the County’s webpage at http://www.contracosta.ca.gov/3418/. Completed applications should be emailed to ClerkoftheBoard@cob.cccounty.us. Applications can also be mailed to the Clerk of the Board of Supervisors, Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553.