More than 11 million arrest and conviction records automatically cleared including old arrests that never turned into charges and provides relief to people who completed all conditions of their sentence

Due to legislation pioneered by Los Angeles DA George Gascón

By Max Szabo, Prosecutors Alliance of California

SACRAMENTO–New data from the California Department of Justice (CAL DOJ) indicates that 11,164,458 records of arrest and conviction were automatically cleared between July 1, 2022 and December 31, 2022 pursuant to Assembly Bill 1076. The historic reform automated a process that individuals were already entitled to but had to seek out through an arduous process. AB 1076 requires CAL DOJ to automatically clear old arrests that never turned into charges and provides relief to people who completed all the conditions of their sentence, thereby expanding education, employment and housing opportunities for countless Californians.

“People who were arrested or convicted of low-level crimes and did what was asked of them are entitled to a second chance under the law, but bureaucratic barriers kept them in a paper prison,” said Cristine DeBerry, Founder and Executive Director of the Prosecutors Alliance of California.  “That wasn’t just unfair, it was unsafe, as a criminal record hangs over people, hampering their access to employment and housing opportunities, primary factors that drive recidivism. The system had taken away hope and opportunity, but commonsense and technology enabled one of the most important reforms in years.” 

The automated record clearance is due to a 2019 law, Assembly Bill 1076, which was authored by Phil Ting (D-San Francisco) and sponsored by then-San Francisco District Attorney George Gascón.  The legislation mandated that the state Department of Justice automatically clear records of arrests that did not result in a conviction after the statute of limitations had passed as well as convictions involving probation and jail once an offender’s sentence was completed. Individuals sentenced to prison and anyone who had to register as a sex offender or who violated their probation is not eligible.  The record clearance largely benefits individuals who had committed drugs or property crimes.

“It’s a vicious cycle, as communities of color are more likely to be arrested, they are therefore more likely to have a record that includes an arrest or conviction, and yet they were less likely to be aware that they were entitled to relief,” said LA County District Attorney George Gascón.  “These were unnecessary barriers that make it more difficult to successfully reenter and break the cycle by limiting access to jobs, education and housing.  Breaking down these barriers makes our system more just and our communities more safe.”

During the appropriations process that bill was limited to prospective arrests and convictions.  However, a subsequent effort in 2021, AB 1038, authored again by Assemblymember Ting, and sponsored by the Prosecutors Alliance of California, made the record clearance provided under AB 1076 retroactive.  That bill took effect July 1, 2023.  The newly released DOJ data indicates that the relief granted thus far was pursuant to AB 1076, the initial authorizing legislation only, suggesting that the expanded eligibility profile now in effect under AB 1038 will result in the clearance of millions of additional records.  

Prior to the automated record clearance, 8 million California residents had criminal convictions on their records that hampered their ability to find work and housing, secure public benefits, or even get admitted to college.  Studies indicate approximately two million of them were eligible for record clearance. Millions more have old arrests on their record that never resulted in a conviction but, remain as obstacles to employment.  

Under the law arrests that didn’t result in a conviction may be cleared. Convictions that carry probation or jail time are also eligible for record clearance after the individual completes all the terms and conditions of their sentence. Prior to AB 1076, however, this required individuals to be aware of their eligibility and to retain an attorney to proactively file the necessary petition.  As a result, millions of Californians have been entitled to relief for years that they never realized because they had to jump through hoops to get it. In fact, nationally, only 6.5% of eligible people have been estimated to obtain record clearance within five years of eligibility. With more affluent communities more able to afford a private attorney, this bureaucracy disproportionately impacted socioeconomically disadvantaged communities and communities of color in particular.

Nearly 90% of employers, 80% of landlords, and 60% of colleges screen applicants’ criminal records.  According to a 2012 study conducted by the Society for Human Resource Management, many prospective employees and housing applicants are rejected solely based on having an arrest record on file.  Studies also show people with unsealed arrest records have a substantially increased chance of living in poverty, earning lower wages, with fewer educational opportunities.

The concept for the legislation grew out of DA Gascón’s effort to clear old cannabis convictions that were eligible for clearance pursuant to Proposition 64.  That effort has now been adopted by prosecutors’ offices across the nation.  Notably, the algorithm that enabled automated record clearance pursuant to AB 1076–much like the cannabis clearance effort–would not be possible without the help and support of Code For America. Research by the California Policy Lab of the University of California provided supporting evidence regarding the feasibility of large-scale record clearance automation, as well as its enormous potential impact on the lives of Californians.  Assemblymember Phil Ting has the sincere gratitude of the Prosecutors Alliance for leading the historic initiative and seeing that all eligible and impacted Californians would obtain the relief to which they are entitled.  

The Prosecutors Alliance of California is fiscally sponsored by Tides Advocacy, a social welfare organization. Contra Costa District Attorney Diana Becton is a founding member. For more information about the Prosecutors Alliance go to www.ProsecutorsAlliance.org and keep up with our work on Twitter, Instagram and Facebook. 

Contra Costa part of multi-county lawsuit

By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office

The Contra Costa District Attorney’s Office announces that PetSmart LLC entered into a Stipulated Judgement on June 23rd and will pay $1.46 million for overcharging customers, false advertising, and unfair competition.

District Attorney Diana Becton said that “The law in California is clear: businesses must be accurate in charging for goods and services. For customers, it’s important to monitor items scanned at a register and scrutinize your receipts to make sure you are not being overcharged.”

The outcome of the multi-county lawsuit against PetSmart includes court orders that prohibit the company from engaging in false or misleading advertising and charging an amount greater than the lowest price posted for an item. Moreover, PetSmart must implement additional audit and price accuracy procedures in its California stores for a three-year period to ensure compliance with pricing accuracy requirements, including notifying customers of their right to be charged the lowest currently advertised price for any item offered for sale.

PetSmart will pay $1,250,000 in civil penalties, $100,000 in restitution to support consumer protection enforcement efforts, and $110,000 for investigative costs incurred by various counties. Because of this legal action, PetSmart has implemented new policies and procedures to improve pricing accuracy with routine audits, detailed record keeping, and in-store signage to notify customers about the lowest advertised price for items.

The lawsuit was filed in Santa Cruz County. In addition to Contra Costa County, Plaintiffs include Sonoma County, Alameda County, Marin County, San Diego County, Ventura County, and Los Angeles County. Deputy District Attorney Bryan Tierney prosecuted the case for the Contra Costa County District Attorney’s Office – with assistance by the Contra Costa Department of Agriculture/Weights & Measures.

If members of the public believe they have been overcharged by businesses, contact our office at: DA-ReportFraud@contracostada.org.

People vs. Montalvo and Boone cases can be brought back; among cases under review by DA, Public Defender; suspects released; responding officers, lead detective not implicated in texting scandal

By Allen D. Payton

According to Public Information Officer Ted Asregadoo, on Tuesday, June 6, 2023, the Contra Costa District Attorney’s Office determined the prosecution of The People of the State of California vs Ashton Montalvo and Deangelo Boone could not proceed to trial and moved to dismiss the case.

A dismissal at this juncture affords the District Attorney’s Office the ability to refile criminal charges
against Montalvo and Boone and reinitiate legal action if new evidence is developed.

In this case, the prosecution of 42-year-old Deangelo Laraye Boone of Antioch and 33-year-old Ashton
Kentrell Montalvo, of either Bay Point or Antioch, for mutilation and arson of the remains of 25-year-old Mykaella Kayla Sharlman found on the Mokelumne Trail in Antioch on October 17, 2022, relied heavily on the investigative work of Antioch Police Officers who are associated with racist text communications. (See related articles here, here, here, here and here)

After thoroughly reviewing the officers’ role in this case, applying relevant legal principles, and considering ethical responsibilities, the Contra Costa District Attorney’s Office no longer has confidence in the integrity of this prosecution.

“Our office extends our deepest sympathies to the family of Mykaella Sharlman and we aspire to renew this prosecution if presented with the opportunity to do so,” Asregadoo shared.

Case No. 04-22-01086 | The People of the State of California vs. Montalvo, Ashton 

Case No. 04-22-01085 | The People of the State of California vs. Boone, Deangelo Laraye

As previously reported, District Attorney Diana Becton, Public Defender Ellen McDonnell, Betty Barker from the Alternate Defender Office, and the Director of the Contra Costa Conflict Program, Oksana Tsykova met in April to discuss the creation of a process to address cases affected by the disclosure of cruel, racially insulting, and hostile text messages written or received by members of the Antioch Police Department.

The Contra Costa District Attorney’s Office is working to identify cases that are potentially compromised by the text messages. Once we’ve identified those cases – and any overlapping conflicts — they will
initiate a detailed review process for potential dismissal, resentencing, or the preservation of convictions.

The DA’s Office was asked for the names of the officers associated with the two cases and if the suspects have been released. Asregedoo responded, “APD should have the information on what officers were involved in the investigation of the Boone/Montalvo case. As to whether both men are out of custody,
unless they have holds on priors, they are likely out.”

“The texting scandal was only part of it,” he added. “There were other issues with the case. But we’re hopeful APD can pursue other investigative avenues and bring more evidence to review for a charging decision.”

Antioch Police Department PIO Corporal Price was then asked for the names of the officers and Contra Costa Sheriff’s Office spokesman Jimmy Lee was asked if the suspects had been released. 
publication time.

Lee responded, “They are no longer in custody.”

UPDATE: Kendall responded, “We will not be releasing the names of the officers involved in the investigation. However, none of the officers that initially responded to the call or the lead detective that filed the case were implicated in the text messages.”

Please check back later for any updates to this report.

Will pay almost $8 million for selling expired over-the-counter drugs and baby formula.

By Ted Asregadoo, PIO, Contra Costa County District Attorney’s Office

The Contra Costa County District Attorney’s Office Consumer Protection Unit has settled a civil law enforcement action against CVS Pharmacy for selling expired over-the-counter drugs and baby formula.

The settlement is part of a multi-county enforcement action initiated by Contra Costa, Santa Cruz, Fresno, Marin, Placer, Riverside, Sacramento, San Bernardino, San Joaquin, Shasta, Solano, and Yolo Counties District Attorneys’ Offices. Locally, Contra Costa Deputy District Attorney Bryan Tierney prosecuted the case against CVS Pharmacy, Inc., Longs Drug Stores California, L.L.C., and Garfield Beach CVS, L.L.C., (“CVS”).

CVS Pharmacy owns and runs pharmacies and retail stores throughout California – with 31 stores in Contra Costa County. These stores offer a variety of products such as over-the-counter drugs, food, infant formula, and baby food.

California law prohibits retailers from selling or offering for sale any over-the-counter drug that has expired. Also, food retailers in California are prohibited from selling or offering for sale any infant formula or baby food that has passed its “use by” date, as mandated by the federal Food, Drug, and Cosmetic Act.

The civil complaint — which was filed in Santa Cruz County Superior Court on May 9th — alleged that CVS Pharmacy has been selling expired over-the-counter drug products, as well as infant formula and baby food past their “use by” date for the past four years.

After being informed of the violation, CVS Pharmacy cooperated with authorities and acted by conducting internal checks for expired over-the-counter drugs, infant formula, and baby food that were past the “use by” date at all their retail locations in California. CVS Pharmacy also invested time and resources to retrain store personnel to verify the expiration dates of food and drug products.

It’s important to note that the investigation did not uncover any evidence that the sale of expired or past the “use by” date products resulted in harm to consumers.

Contra Costa District Attorney Diana Becton said, “This enforcement action underscores how our work helps to protect consumers from unlawful business practices. The residents of Contra Costa County must have confidence that the products they purchase are safe and not beyond their expiration dates. This settlement shows that CVS Pharmacy understands the seriousness of the violations and has taken steps to remedy the problem.”

CVS Pharmacy agreed to abide by a court order that prohibits any further violations of California law regarding the sale or offer for sale of expired over-the-counter drugs or infant formula and baby food past their “use by” date. The agreement was made without admitting or denying any wrongdoing. As part of the judgment, CVS will pay $6,500,000 in civil penalties and investigative costs, as well as an additional $1,000,000 in restitution. The restitution amount will be contributed to various charitable organizations that serve California residents throughout the state. Locally, CVS Pharmacy will pay the Contra Costa County District Attorney’s Office $475,000 in civil penalties, and $19,000 to reimburse the office for prosecution costs.

By Allen D. Payton

In response to the letter from the Contra Costa Public Defender Ellen McDonnell to DA Diana Becton on Friday, requesting all cases brought by the Antioch Police Department be dismissed and all inmates be released, due to the racist text scandal, a meeting was held Monday afternoon to discuss the matter. (See related articles here, here and here)

DA’s Office PIO Ted Asregadoo sent the following statement “about the meeting that happened at 1 pm today at the DA’s Office”:

“Today, District Attorney Diana Becton, Public Defender Ellen McDonnell, Betty Barker from the Alternate Defender Office, and the Director of the Contra Costa Conflict Program, Oksana Tsykova met to discuss the creation of a process to address cases affected by the disclosure of cruel, racially insulting, and hostile text messages written or received by members of the Antioch Police Department.

The Contra Costa District Attorney’s Office is working to identify cases that are potentially compromised by the text messages. Once we’ve identified those cases – and any overlapping conflicts — we will initiate a detailed review process for potential dismissal, resentencing, or the preservation of convictions.

The DA’s Office is working to ensure that public safety and serving the interest of justice are priorities in this process.”

The scandal involves as many as 45 Antioch cops, focusing on 14 and one in particular, with many of them on paid leave during the police department’s own investigation.

McDonnell was asked if she had any comments about the meeting but did not respond prior to publication time.

Please check back later for any updates to this report.

Possible violation of officers’ rights, could undermine investigation; officers’ attorney considering “massive” lawsuit against DA’s Office

By Allen D. Payton

In the initial redacted version of the report on the racist and other offensive texts by Antioch Police Officers by the Contra Costa District Attorney’s Office revealed those officers’ cell phone numbers and the names of the Antioch and Pittsburg Police Officers under investigation by the FBI since March 2022, plus the list of their alleged “crimes of moral turpitude” that are supposed to be under court protective order. That version was leaked and posted by someone on social media Thursday morning, April 13, 2023. The result has been a firestorm because it violated the court order and possibly the police officers’ rights and could undermine the investigation. It could also result in a “massive class action lawsuit” against the DA’s Office according to the attorney for the Antioch Police Officers Association (APOA). (See related article)

The DA’s office incorrectly redacted the document before releasing it. Because the leaked redacted version of the report allows for copying of the information beneath the black blocks revealing the sensitive information. NOTE: The PDF of that version was not shared by the Herald. Only the PDF of the further redacted version by the DA’s Office.

It was this newspaper that revealed the mistake to the CCDA’s Public Information Officer Ted Asregadoo on Thursday, who said it was an Adobe software issue. He said the information was under court protective order, thanked this reporter and said the office would be changing how they create PDF’s which they did for the final redacted copy the office issued that afternoon.

Officers Receiving Angry Calls

When asked about the matter, Mike Rains, the APOA’s attorney said, “We’re aware of it. Some of the officers have been getting angry calls.”

Asked if the DA’s Office violated the officers’ rights and if it could undermine the FBI’s and DA’s investigation of those officers, Rains said, “I think it does. I believe it will result in a massive class action lawsuit. The DA’s Office screwed up.”

He also shared that the officers were obtaining new cell phone numbers.

“It was Deputy DA Simon O’Connell who did the redacting,” Rains stated. “I called Becton and told her they screwed up.”

Questions were sent to DA Becton, O’Connell and Asregadoo, Thursday night asking if it was O’Connell who redacted the initial version of the report and if so, will there be some form of discipline of him for doing so. They were also asked if the revelation of the phone numbers of the 14 officers on the list of those accused of sending the offensive texts and more importantly, the officers names, phone numbers and information from the investigation by the DA’s office and the FBI, undermine that investigation and does it violate those officers’ rights.

Asregadoo responded Friday morning, copying Becton and O’Connell, “The joint CCCDAO and FBI investigation is ongoing, so we really don’t have anything to comment on at this time.”

Becton later responded simply, “Ok, thanks for the update.”

Revealed Information About FBI Investigation

The information now in the public domain, some of which was previously reported by the East Bay Times, includes the names of the Antioch and Pittsburg Officers under investigation by the FBI and DA’s Office, plus the alleged crimes they committed. They were described as “crimes of moral turpitude” which is defined as “conduct that shocks the public conscience, or which does not fall within the moral standards held by the community” for buying and selling controlled substances believed to be steroids among themselves. (See related articles here and here)

The portion of the report that was supposed to be redacted and out of public view reads as follows:

“The FBI is currently investigating the police officers for violations of the following federal offenses; Title 21, United States Code, Sections 841(A), distribution, and possession with intent to distribute a controlled substance; Section 843(b) illegal use of the mail in furtherance of narcotic trafficking; Title 18, USC, 1503 Obstruction of Justice; Section 846, attempt and conspiracy to commit the foregoing offenses; Section 241, Conspiracy for two or more persons to agree to injure, threaten, or intimidate a person in the United States in the free exercise or enjoyment of any right or privilege; and Section 242, a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States. The CCCDAO is investigating these officers for assault under the color of authority, bribery, embezzlement, possession of controlled substances (steroids) for sale, knowing or offering any false or forged instruments, possession, and sales of assault weapons, and attempt and conspiracy to commit the foregoing offenses. The CCCDAO is also reviewing whether any of the above listed individuals have violated Penal Code (PC) section 745, the Racial Justice Act, which prohibits the use of race, ethnicity, or national origin by a law enforcement officer in pursuit of a conviction or sentence.

On 03/22/2022, the Honorable Presiding Judge Rebecca C. Hardie, Judge of the Superior Court of California, Contra Costa County, signed a search warrant under seal authored by CCCDAO Senior Inspector Larry J. Wallace for the seizure and search of the following cellular telephones: Pittsburg Police Officer Willie Glasper, (redacted phone number); Pittsburg Police Officer Brauli Rodriguez Jalapa, (redacted phone number); Pittsburg Police Officer Ernesto Juan Mejia-Orozco, (redacted phone number); Pittsburg Police Officer James Robert Anderson, (redacted phone number); Antioch Police Officer Ben C. Padilla, (redacted phone number); Antioch Police Officer Eric Rombough, (redacted phone number); Antioch Police Officer Devon Wenger, (redacted phone number); and Antioch Police Officer Andrea Rodriguez, (redacted phone number). The search warrants and affidavits were signed under seal and filed with the Martinez Superior Court.

On 03/22/22, the Honorable Laurel Beeler, United States Magistrate, Northern District of California, signed a federal search warrant under seal authored by FBI Special Agent (SA) Thuy Zoback for the seizure of the following cellular telephones: Pittsburg Police Officer Armando Montalvo; Pittsburg Police Officer Patrick Berhan; Antioch Police Officer Timothy Manly Williams; Antioch Police Officer Morteza Amiri, Antioch Police Officer Nicholas Shipilov; Antioch Police Officer Eric Rombough; Antioch Police Officer Daniel Harris; and Antioch Police Officer Calvin Prieto. The purpose of the search warrants were to seize electronic communications; such as, but not limited to the following: records and communications indicating the possession, use, purchase, sale, distribution, transfer, theft, and/or concealment of controlled substances, including books, receipts, notes, ledgers, pay and owe sheets, correspondence, records noting price, quantity, date and times when controlled substances were purchased, possessed, transferred, distributed, sold or concealed.

On 03/23/2022, sworn law enforcement members of the CCCDAO and the FBI retrieved the above listed cellular telephones from the above listed sworn law enforcement members of the Pittsburg and Antioch Police Departments. Law enforcement members from the CCCDAO and the FBI downloaded/extracted electronic cellular data communications from the above listed cellular telephones. A thorough review of the electronic cellular data communications took place for the past year.”

APOA Attorney Exploring Legal Options, Damages to Officers

“I am exploring legal options including a possible lawsuit related to our grave concerns about the way in which this report was ordered released by the court to begin with, when I was supposed to be given the opportunity on behalf of the officers to seek a protective order,” Rains stated on Monday. “Plus, the release by the DA’s Office when they told me, the judge told me to tell Chief Assistant DA Simon O’Connell to not release the report until I had the opportunity to be heard. We tried to set up dates with the defense attorneys on Monday, after the morning appearance I made. Then I received an email from O’Connell on Tuesday that the judge ordered the report released. I feel betrayed by both the judge and by the DA’s Office.”

“I’m exploring the damages done to the officers due to the actions by the DA’s Office,” he added.

Won’t say who sent the report or to whom; issues further redacted second report

By Allen D. Payton

After a second, 14-page investigative report on Antioch Police Officers’ racist texts was leaked and posted on social media on Saturday, April 15, questions were sent to DA’s Office PIO Ted Asregadoo that day asking to whom the report was sent, why it was prepared separately from the 21-page report, why it wasn’t sent to the media and was it intended to be shared with the media. He was also asked how the East Bay Times obtained it earlier in the week, was it leaked by someone in the DA’s Office and if so, who. Finally, Asregadoo was asked if there is an investigation in the DA’s Office to determine who leaked the 21-page report and this other, 14-page report.

Asregadoo responded Monday morning, “Our inspectors have investigated the matter and determined someone outside of our organization disclosed the reports to the public and press.”

He was then asked again, to whom were the redacted reports sent from the DA’s Office and who sent them.

Asregadoo also sent out the following press release about the matter, and provided a further redacted copy:

“The Contra Costa District Attorney’s Office has made a second investigative report available to the public. Like the previous report, this one also details texts and images sent and received by certain members of the Antioch Police Department in March 2021.

On April 7, 2023, the court ordered the DA’s Office to disclose redacted investigative reports to defense attorneys representing clients in a felony criminal case. The judge issuing the order reminded defense counsel about the sensitive nature of the content of the reports and urged caution in its distribution beyond the parties involved in the criminal case. The District Attorney’s Office agreed with the court advisory — as the documents contained explicit words and images that are hurtful, offensive, and inflammatory.

Media interest in accessing the second report increased over the weekend when a copy of it was leaked to the press and public by an individual or group outside of the DA’s Office.

Like the 21-page report that the DA’s Office made available on April 13, 2023, a redacted copy of a 14-page investigative report is available to view. The DA’s Office added further redactions to balance public interest with the sensitive nature of what is contained in the report.

To view or download the redacted report, click here.”

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.