D.C.-based California Justice & Public Safety PAC with major funding from Soros has reported more than $400,000 in spending to influence voters in the 2022 Contra Costa DA Race

Knox also benefits from out-of-county funds, but most are from within Contra Costa including $170,000 from Deputy Sheriff’s Association PAC

By Allen D. Payton

Over $400,000 has been spent by the California Justice & Public Safety Political Action Committee based in Washington, D.C. to support Contra Costa County District Attorney Diana Becton’s re-election campaign. According to a Form 496 report filed on May 14 by the committee on the Netfile.com website, $206,700 in expenditures were made for “Digital Advertisement Production Supporting Diana Becton”. An additional $201,387.03 was spent by the independent expenditure committee according to another Form 496 report filed on May 14 on “Digital Advertisement Production Opposing Mary Knox”.  California Justice & Public Safety PAC Form 496 051422 #1   California Justice & Public Safety PAC Form 496 051422 #2

According to influencewatch.org, “California Justice & Public Safety PAC is a left-of-center PAC that was created in 2018 to fund the campaigns of progressive Democratic candidates for district attorney in several cities in California. The organization is the California branch of the vast ‘Safety and Justice’ network, a project of left-leaning billionaire George Soros that used a network of similarly named state-level PACs to finance the campaigns of progressive Democratic candidates for district attorney in more than a dozen of America’s cities.”

According to the Justice & Public Safety PAC website, the Soros-backed effort has been “winning races in 14 states over the last 6 years.” Also according to influencewatch.org, “Justice and Public Safety PAC is a left-of-center PAC that focuses on supporting the campaigns of progressive district attorneys in the Commonwealth of Virginia. ^[1] The PAC receives most of its funding from left-leaning billionaire George Soros and Democracy PAC, which also receives much of its funding from Soros. ^[2] It is one of several similarly-named PACs that receive substantial funding from Soros and contribute to the campaigns of progressive district attorneys across the U.S.”^[3]

They include Becton both during her 2018 campaign, and now, this year’s. The progressive Democrat DA’s also include San Francisco’s Chesa Boudin and Los Angeles County’s George Gascon, both of whom are facing possible recalls. Becton formed a statewide organization with them and San Joaquin County DA Tori Verber Salazar, entitled Prosecutors Alliance of California.

 

Knox’s Campaign Also Benefits from Out-of-County PAC Funds, But Most From Within Contra Costa

Knox’s campaign was also the beneficiary of out-of-county political action committee funds, including $10,000 from the Oakland Police Officer’s Association PAC on May 5. According to the Netfile.com website a Form 496 was filed by the Contra Costans for Progress and Justice, a coalition of business, labor and people that care about public safety in support of Mary Knox for District Attorney 2022 showing $50,096 was spent on a “Mailer (Estimated Costs)” and showing the “Cumulative to date total $70,684.75” which the Oakland POA’s PAC helped pay for. Contra Costans for Progress & Justice PAC Form 496 050322  Contra Costans for Progress & Justice PAC Form 496 050522 Contra Costans for Progress & Justice PAC Form 496 051922

However, according to a separate Form 496 report filed on May 3 by the independent expenditure committee most of their funds spent were from within Contra Costa County, including $170,000 from the Contra Costa County Deputy Sheriff’s Association Independent Expenditure PAC, $7,500 from Alves Ranch Property Holdings, LLC in Alamo, $10,000 from the Concord Police Association PAC, $3,000 from the Brentwood Police Officers Association PAC and $2,500 from the Walnut Creek Police Association PAC (WCPA PAC). Contributions of $500 each were received from the Moraga and Pleasant Hill Police Officers Associations PACS. A total of $3,600 in contributions included in that report were received from sources outside of the county. The report shows $20,588.75 was spent on digital ads to support Knox’s campaign.

The most recent Form 496 report filed on May 19 by the Contra Costans for Progress and Justice committee shows an additional $20,000 contribution from the Contra Costa Deputy Sheriff’s Association PAC, $20,000 from the Peace Officers Research Association of California PAC (PORAC PAC) Small Contributor Committee based in Sacramento and an additional $2,500 from two Contra Costa County residents. The report also shows an additional $29,316 was spent on a mailer and shows cumulative to date total expenditures of $100,000.70.

Questions for Becton Go Unanswered

Becton was asked for comment about the spending by the PAC and funds from Soros via email Friday morning, May 20. She was also asked if it is good to have so much out-of-county and out-of-state funds spent to influence an election in Contra Costa County. Becton did not respond.

Knox Issues Statement

Knox’s campaign issued the following this past week:

In light of recently reported contributions from an out-of-state PAC funded by George Soros, Mary Knox, candidate for Contra Costa District Attorney released the following statement:

“An out-of-state billionaire is now spending hundreds of thousands of dollars in an attempt to influence voters and drown out the voices of local donors in the District Attorney’s race,” said Deputy District Attorney Knox. “Our grassroots campaign has deeply resonated with Contra Costa voters who want to see our DA focused on restoring safety and reducing crime. It’s clear that my campaign has made an impact that is now

driving out-of-state spending in this race. I remain focused on ensuring our message reaches voters across our county.”

Knox has served as a prosecutor in the Contra Costa District Attorney’s office for 37 years and has extensive trial experience. Knox has earned the endorsement of every law enforcement agency in the County, as well as state and local organizations such as the California Correctional Peace Officers Association, PORAC, the California Narcotics Officers Association and the California Gang Investigators Association. Mary has advanced social justice while preventing crime in Contra Costa County. She brought anti-bias training to the District Attorney’s Office and has fought to end discrimination against women in the Contra Costa County’s District Attorney’s Office.

Mary Knox and the incumbent are the only candidates running for election as District Attorney. Since this election will be won by a simple majority, the election of the next District Attorney of Contra Costa County will be determined by the votes cast on June 7, 2022.

About Mary Knox

Mary Knox has dedicated her life to making Contra Costa County safer. For more than 37 years, Mary has served as an experienced prosecutor and advocate for crime victims. As a lead prosecutor in the District Attorney’s office, Mary has won high profile cases against some of the most notorious criminals in Contra Costa County history. She worked to dismantle the criminal gangs who have preyed upon our most disadvantaged communities, and she has engaged in meaningful violence reduction by instituting effective strategies to reduce crime and prosecute violent criminals. To discourage freeway shootings, she secured $3.5 million for freeway security cameras. She brought in $3.5 million in federal funding to combat sex trafficking. And, after recent smash and grab robberies, Mary developed a three-point plan to hold organized crime syndicates accountable and prevent future crimes.

Born and raised in Walnut Creek, Mary Knox attended UCLA and then Pepperdine Law School.

During law school, Mary worked as a law clerk in the Los Angeles County District Attorney’s Office in the Sexual Assault Unit and in a second clerkship in the Juvenile Unit. Once Mary graduated from law school, she came home and has worked as a prosecutor in the Contra Costa County District Attorney’s for the past 37 years while raising her son, Darien, as a single mother.

Key Endorsements (for a complete list visit maryknox4da.com):

• Crime Victims United
• Police Officer Research Association of California (PORAC)
• California Narcotic Officers’ Association (CNOA)
• California Correctional Peace Officers Association
• Central Coast Gang Investigators Association
• National Latino Police Officer Association – Contra Costa County NLPOA Advocacy Chapter
• Chinese American Political Association (CAPA) PAC
• Contra Costa County Sheriff, David Livingston
• Mitchell Celaya III, Calistoga Police Chief
• Douglas Krathwal, Retired San Pablo Police Chief
• Joseph Aida, Retired San Pablo Police Chief
• Walt Schuld, Retired San Pablo Police Chief
• John Moore, Retired Pleasant Hill Police Chief
• Dan Lawrence, Retired Clayton Police Chief
• Tom Holt, Former Police Lieutenant from the Contra Costa Community College District
• Contra Costa County Deputy Sheriffs’ Association
• Contra Costa District Attorney Investigators Association
• El Cerrito Police Officer Association
• Hercules Police Officer Association
• Martinez Police Officer Association
• Oakley Police Officer Association
• Pinole Police Officer Association
• Pittsburg Police Officer Association
• Pleasant Hill Police Officer Association
• San Ramon Police Officer Association
• Antioch Police Officer Association
• BART Police Officer Association
• Brentwood Police Officer Association
• Richmond Police Officer Association
• San Pablo Police Employees’ Association
• Clayton Police Officer Association
• Concord Police Officer Association
• East Bay Regional Parks Police Officer Association
• Walnut Creek Police Officer Association

To learn more about incumbent DA Becton’s campaign, click here. The election is June 7.

Thorpe issues statement claiming investigation is to help with council’s police reform efforts; Barbanica posts video about APD staffing level concerns, says interim city manager won’t return calls to provide details

DA won’t clearly define “crimes of moral turpitude”; Thorpe endorsed DA Becton, APOA endorsed her opponent, Deputy DA Knox

By Allen D. Payton

One week later, neither the Contra Costa DA’s Office nor Antioch city officials will say how many police officers are under investigation by the FBI and D.A.’s Office of Antioch that began last Wednesday, March 23 and was announced last Friday. The Pittsburg Police Department immediately responded Friday afternoon informing the public on social media that three of their officers had been placed on paid leave. (See related article)

On Tuesday, Assistant Contra Costa D.A. Simon O’Connell was asked how many Antioch police officers are under investigation. He responded, “As stated on Friday, due to the ongoing nature of the investigation, no additional details will be released at this time.”

Thorpe Issues Statement Claims It’s Done to Help in Fight to Reform APD

Antioch Mayor Lamar Thorpe posted a statement about the investigation on social media Saturday morning, along with a video of a KPIX Channel 5 news report. But the statement did not provide any additional details and is not known if it is the official statement from the City of Antioch.

“Mayor Thorpe’s statement regarding investigation [sic] Antioch Police Officers:

Since I assumed the Office of Mayor, a little over a year ago, I have been committed to reforming the Antioch Police Department. In order to achieve our goal of having a safe city there must always be a level of trust between our community and our officers.

I appreciate the FBI’s and District Attorney’s willingness to help in our fight to reform the Antioch Police Department. They have my personal assurance that the City of Antioch will continue to assist them in this matter.”

Barbanica Posts Video, Concerned About Antioch Police Department Staffing Levels, Can’t Get Call Back with Details from Interim City Manager

On Saturday, Antioch Mayor Pro Tem Mike Barbanica posted a YouTube video on his official Facebook page in which he said he had tried unsuccessfully 10 times to reach Interim City Manager Con Johnson to get details. Barbanica also said he was concerned about staffing levels in the police department.

“The men and women of the Antioch Police Department that are out there doing their job the right way, every day, one hundred percent have my support and I thank them for continuing to come to work…and doing everything they can to make sure we have a safe community,” he said. “The other group that we’re talking about here, I couldn’t tell you. I have no confirmation who these people are. So, I really don’t know…the true details of what’s going on.”

“I can’t get return phone calls from our city manager’s office to give me the facts,” Barbanica continued. “Very sad day for law enforcement any time police officers are investigated for anything. But I don’t know where it stands. I don’t know if an arrest has been made.”

“Staffing levels are a huge priority for me to make sure we that have enough people out there on the street,” he stated. “I can call the chief, but he can’t call me back to give me the details of it because of the policy out of the…interim city manager’s office that the department heads can’t talk to council members unless the city manager or his designee is present and I can’t even get a call back from the CM’s office.”

So, I’ll update you as I know, which right now is very little. I’ve been kept in the dark. I will let you know as I know,” Barbanica added.

Questions for Thorpe, City Council and Staff Go Unanswered

A copy of the mayor’s statement and questions were sent late Saturday night, March 26 to Thorpe, copying the other four council members, Interim City Manager Con Johnson, City Attorney Thomas Lloyd Smith, Interim Police Chief Tony Morefield, Antioch Police Officers Association President Steve Aiello, Assistant City Manager Rosanna Bayon Moore and Public Information Officer Rolando Bonilla asking, “Is that the City of Antioch’s official statement? If so, who helped you prepare it, the PIO, interim city manager, city attorney or someone else?”

If not, why hasn’t one been issued by either the PIO or APD like the statement issued by the Pittsburg Police Department, which provided the information on their three officers who have been placed on paid leave, on Friday about an hour after the DA’s office issued their press release?

If Pittsburg PD can share that information without mentioning names of their three officers, why can’t you?

If not or if so, is what you issued the appropriate and responsible way to provide a response to such an announcement?

If not, when will the official statement be issued by either the PIO, APD or you?

If not, aren’t you, again jumping to a conclusion and assuming Antioch Police officers are guilty of something wrong before the investigation has been concluded, like you did in the Angelo Quinto case?

How many Antioch Police officers are being investigated? How many have been placed on paid administrative leave? Differing reports by Bay Area TV stations are claiming 8 or 10 officers because the City isn’t doing like the Pittsburg PD has and immediately responded to the DA’s press release. From where are they obtaining that information? Is Rolando providing that to them? Has he spoken to any media about this investigation?

Have you and the other council members been informed of how many officers are being investigated and how many have been placed on paid leave? If so, when did that occur? Also, if so, have any of you shared that information with any member of the public or media? If so, to whom did you share it?

What is the definition of crimes of moral turpitude used by the FBI, DA and APD? How does it apply to the possible crimes committed by Antioch officers? Reports by Bay Area TV media claim it’s steroid abuse and jokes about officers asking if someone is bringing cocaine or heroin with them somewhere. Is any of that true and part of the investigation?

How does the investigation of an unknown number of officers have anything to do with the police reforms approved by council majorities over the past year? Are you trying to take credit for the investigation? Did DA Becton, anyone in her department or anyone in the FBI say the investigation was to help reform the Antioch Police Department?

Did you or anyone from the Antioch city government request the investigation? If so, when? Was the investigation a topic of discussion with DA Becton during your reported private meeting with her this passed Tuesday afternoon, March 22 the day before the investigation?

Was that meeting by you and the DA appropriate since, due to your DUI arrest on March 19, you’re currently the subject of an investigation by the Contra Costa DA’s Office?

Is your statement an attempt to deflect from the news about your DUI arrest?

Did she or anyone in the DA’s office or FBI inform any of you about the investigation prior to Wednesday’s actions? Did any of you speak with Becton, anyone in her department or the FBI following the Wednesday actions? If so, when, how, what was discussed and with whom?

Have any of you endorsed and/or made any financial contributions to DA Becton’s re-election campaign? If so, when and how much?

For Lamar – has Becton endorsed you in or contributed to your campaign to beat the recall? If so, when and how much?

Has the Antioch Police Officers Association endorsed Becton’s opponent, Deputy DA Mary Knox and/or contributed to her campaign? If so, when and how much?

For Interim Chief Morefield – were you aware of any of the activity by the APD officer(s)? How long has it been occurring? Was there an internal investigation done by your department? When did that occur? What were the results? Did you invite the outside investigation?

Prior to this investigation being announced I was informed there were 83 active sworn police officers on the Antioch force the previous week and 81 this past week. Are or were those figures correct? If any Antioch officers were placed on paid leave as a result of the investigation how many were also on paid leave for injury or another reason? How many active sworn officers does the APD have, now as a result of this investigation?”

No responses were received as of Thursday, March 31 at 5:00 p.m.

Becton Endorsed by Thorpe, Opponent Knox Endorsed by APOA

A review of the campaign websites for the two candidates for district attorney, incumbent Becton and challenger Deputy District Attorney Mary Knox, they show Thorpe has endorsed Becton for re-election, as well as Antioch Councilwomen Tamisha Torres-Walker and Monica Wilson. The Antioch Police Officers Association has endorsed Knox along with all the other police officers’ associations in the county, except for Richmond’s, which hasn’t endorsed either candidate, yet. In addition, Antioch Councilwoman Lori Ogorchock and Mayor Pro Tem Mike Barbanica have also endorsed Knox, although his doesn’t currently appear on the campaign website. Barbanica announced his support in a YouTube video posted on his official Facebook page.

DA’s Office Won’t Provide Clear Definition of Crimes of Moral Turpitude

Assistant D.A. O’Connell was also asked on Friday, March 25 after working hours and again on Tuesday, March 29 to provide the definition of the legal term “crimes of moral turpitude” as it is being applied in the investigation of the Antioch and Pittsburg Police Departments.

He responded, “The definition of a crime of moral turpitude is explored and articulated by the Supreme Court of California in People v Castro (1985) 38 Cal 3d 301 and People v. Beagle (1972) 6 Cal 3d 441.”

O’Connell was then asked, “You really can’t provide what your office defines as a crime of moral turpitude upon which you’re investigating two police departments?” He did not respond.

In the 1985 case, according to case-law.vlex.com, the defendant was found guilty of receiving stolen property.  In the 1972 case, also according to case-law.vlex.com, the defendant was found guilty of attempted arson and arson.

O’Connell was then asked after hours on Tuesday, “Does that mean receiving stolen property, attempted arson and arson fit the description of crimes of moral turpitude? Is your response a hint at what the possible crimes that were committed by the officers that your office is investigating?” He did not respond as of Thursday at 5:00 p.m.

Please check back later for any updates to this report.

While DA’s office investigating incident; city attorney or interim city manager may have been present; topic of discussion not revealed

By Allen D. Payton

Three days after Antioch Mayor Lamar Thorpe was arrested for DUI and while the Contra Costa District Attorney’s Office was investigating the incident, on Tuesday, March 22, 2022, he held a private meeting with D.A. Diana Becton in her office in Martinez, according to reports of what was seen on her visitor sign-in log. Neither Becton, her staff nor Thorpe will say what the meeting was about or if anyone else, such as the city attorney or interim city manager, was in the room with them. Becton is running for re-election in the June Primary and Thorpe is facing possible recall. (See related article)

A Public Records Act request for a copy of the visitor sign-in log for Becton’s office for that day was emailed on Friday, March 25 at 3:55 p.m. to Assistant D.A. Simon O’Connell and Becton’s Executive Assistant Bobbi Mauler.

Questions for Becton About Meeting Go Unanswered

In addition, questions for Becton about the meeting were included in that email asking, “What was the purpose of that meeting? What was discussed? Did it have anything to do with Thorpe’s arrest for DUI by the CHP last Saturday morning? Was anyone else in the meeting with you two?”

It was then shared with Becton and her staff, “according to the CHP PIO you will not allow that department to release Thorpe’s complete arrest report showing the reason the officer pulled him over or what his blood alcohol content was when he was tested at the CHP office in Martinez.”

She was then asked, “was it appropriate for you to have such a meeting – even if his arrest was not a topic of conversation – when his arrest is under investigation by your department?”

At 4:09 p.m., that day O’Connell issued a press release about the investigation of the Antioch and Pittsburg Police Departments for possible “crimes of moral turpitude”. (See related article)

Questions for Thorpe Go Unanswered

In an email on Friday, March 25, Thorpe was asked, “What was the purpose of that meeting? When did you first schedule the meeting with the DA? What was discussed?  Did it have anything to do with your arrest for DUI by the CHP last Saturday morning? Was anyone else in the meeting with you two?”

He was then told, “according to the CHP PIO the DA’s office will not allow the CHP to release your complete arrest report showing the reason the officer pulled you over or what your blood alcohol content was when you were tested at the CHP office in Martinez.”

Thorpe was also asked, “was it appropriate for you to have such a meeting – even if your arrest was not a topic of conversation – while your arrest is under investigation by the Contra Costa District Attorney’s office? Were you seeking favorable treatment from the DA in dealing with your arrest? Might it give the appearance that you were seeking a favor from the DA who is up for election, this year and while you are facing possible recall?”

He was then asked if instead, was the meeting in regard to the press release issued by the DA’s office received, that day and if he had filed a complaint about that the allegations against the Antioch Police officers with the DA’s office during that meeting.

Thorpe did not respond as of Wednesday, March 30 at 5:00 p.m.

DA Refuses to Confirm Meeting, Claims Privilege in Not Releasing Visitor Log, Won’t Reveal Topic of Discussion or If Anyone else Present

In response to the PRA request to the D.A.’s office for a copy of the visitor log, Assistant D.A. Simon O’Connell wrote in a letter on Tuesday, March 29, “Records that contain information protected by the deliberative process privilege and the official information privilege, are exempt from disclosure. (Gov. Code, section 6254(a), (k); Evid Code, section 1040; Rogers v. Superior Court (1993) 19 Cal.App.4th 469.) In accordance case precedent, the release of visitor logs would inihibit the free and candid exchange of ideas necessary to the decision-making process. (Times Mirror Co (1988) 53 Cal.3. 1325.) There is a compelling public interest in enabling public agencies to evaluate and candidly communicate in confidence. Public disclosure of such information interferes with the District Attorney’s Office ability to meaningfully deliberate and perform core functions. For these reasons, the public interest in nondisclosure of this information clearly outweighs the public interest in disclosure.”

In response, additional questions were sent Tuesday afternoon to both O’Connell and Mauler, including, “Confirming that a meeting was held by the DA in her office with an elected official who is currently under investigation for a DUI arrest just three days prior is not of public interest? Is the visitor log a public document? If not, what’s the purpose of having one? Can you please at least confirm if a meeting was held by DA Becton in her office with Antioch Mayor Lamar Thorpe and if anyone else was in the meeting with them, and if so, who that was?”

No response was received as of Wednesday, March 30 at 5:00 p.m.

Mayor Pro Tem Barbanica Says He Should Have Been in Meeting Instead of Thorpe

When reached for comment about the meeting, Antioch Mayor Pro Tem Mike Barbanica said, “I don’t know anything about the meeting. But if there was one and if it was regarding the investigation of the Antioch Police Department and the mayor had asked for me to go in his place, I would have and I should have been there instead. I did not receive any calls about it.”

Please check back later for any updates to this report.

McDonnell issues statement about investigation, wants to conduct own review of cases; Becton hasn’t responded

By Allen D. Payton

In a letter to Contra Costa District Attorney Diana Becton on Monday, Contra Costa Public Defender Ellen McDonnell asked for the names of the Antioch and Pittsburg Police officers who are the subjects of an investigation into possible crimes of moral turpitude. The DA’s office announced last Friday the investigation which began last Wednesday and “a review of both active and closed cases involving these officers…to evaluate whether those cases are now compromised.” (See related article)

McDonnell is also asking for all the current, pending cases the involving the officers so her office can conduct a separate review. As of 5:00 p.m. Tuesday, McDonnell said she had not received a response from Becton.

“To date, I have not been provided with any information about what this investigation of the officers is about,” McDonnell later shared.

Following is the letter:

“March 28, 2022

Diana Becton

Office of the District Attorney

900 Ward Street

Martinez, CA 94553

Dear Diana,

In light of the recent media disclosures regarding conduct involving moral turpitude on the part of officers from Pittsburg and Antioch Police Departments, I am requesting that you identify all officers from those departments currently under investigation by your office. We believe that such a disclosure is mandated by the United States Constitution, XIVth Amendment, Brady v. Maryland (1963) 373 U.S. 83 & progeny, and California case law.

I am also asking that you identify all cases currently pending that include any of the involved officers, as well as all previous cases involving those officers. Please provide us with a list of such cases in which the client is or was represented by the Office of the Public Defender or the Office of the Alternate Defender.

While we understand from your press release that you intend to conduct an internal review of affected cases, we respectfully request that you identify those officers so that we can conduct our own review according to our own practices.

Thank you in advance for your assistance and cooperation with this matter. If you have any questions about this request, please let me know.

Sincerely,

Ellen McDonnell

Public Defender Contra Costa County”

————————–

According to supreme.justia.com, in the case McDonnell cited, the court found, “The government’s withholding of evidence that is material to the determination of either guilt or punishment of a criminal defendant violates the defendant’s constitutional right to due process.”

McDonnell Issues Statement About Investigation

The Public Defender issued the following statement Tuesday evening:

“I am deeply concerned about these revelations.  Our office first heard about this investigation when the District Attorney’s Office issued a press release on March 25th.  We immediately requested that the names of any involved officers be released to our office so that we could begin the process of reviewing impacted cases and determining what role these officers played in any arrests or convictions.  Timely transparency is necessary to ensure due process of law and the fair administration of justice for our community and for those impacted by our criminal legal system, some of whom may be currently incarcerated based on the word of these officers.

This investigation into the conduct of officers from both the Pittsburg and Antioch Police Departments will potentially impact many hundreds of cases.  This includes not only current cases where these officers are witnesses, but also previous arrests and convictions involving these officers.  It is important to determine whether these officers were under investigation and suspected of committing crimes of moral turpitude while they continued to remain on the force and continued to arrest individuals, to author police reports, and to testify as witnesses in criminal court.”

“conduct that shocks the public conscience, or which does not fall within the moral standards held by the community” – LegalDictionary.com

Will evaluate whether cases involving officers are now compromised

UPDATE: Pittsburg PD issues statement, 3 officers placed on paid leave

By Allen D. Payton

Late Friday afternoon, the Contra Costa County District Attorney’s Office announced that on Wednesday, March 23, 2022, the FBI and the DA’s Office conducted court-authorized law enforcement activity at multiple locations. The criminal investigation pertains to 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. A review of both active and closed cases involving these officers will be necessary to evaluate whether those cases are now compromised. Due to the ongoing nature of the investigation, no additional details will be released at this time.

The involved police departments and cities have cooperated with the investigation to ensure minimal disruption to their respective communities. The District Attorney’s Office will continue to work in conjunction with federal authorities along with the cities of Antioch and Pittsburg to ensure public trust and public safety.

According to LegalDictionary.com moral turpitude means, “Conduct that is believed to be contrary to community standards of honesty, good morals, or justice.” In addition, that website reads, “Moral turpitude is a legal concept that refers to any conduct that is believed to be contrary to the community standards of honesty, justice, or good moral values. While there is no one exact definition of acts that are considered under moral turpitude, they are typically described as any acts of vileness or depravity, or of sexual immorality, whether in a private or social context.  The word turpitude is defined as a shameful, vile, or corrupt character or acts. Moral turpitude refers to conduct that shocks the public conscience, or which does not fall within the moral standards held by the community. The law concerning moral turpitude is constantly changing and evolving, as the moral standards of society in general change.”

UPDATE: Pittsburg PD Places 3 Officers on Paid Leave

The Pittsburg PD issued the following statement on their social media accounts early Friday evening:

“The Pittsburg Police Department is aware of a joint criminal investigation being conducted by the Contra Costa County District Attorney’s Office along with the FBI. The investigation involves several local police officers, including three current Pittsburg Police Officers. Anytime there is any allegation of criminal misconduct, that is something our organization takes extremely seriously.

In September of 2021, the department received information that a Pittsburg Officer was involved in illegal activity. The tip also indicated that other law enforcement officers were involved, but did not go into further details. When we learned of the allegations, we immediately contacted the District Attorney’s Office and asked them to conduct an independent criminal investigation.

This past Wednesday, the FBI and the District Attorney’s Office met with three current Pittsburg Police Officers as part of this investigation. After the meetings, all three Pittsburg Police Officers were placed on paid administrative leave. This is still an active criminal investigation being conducted by two outside law enforcement agencies, so we do not have further details into the alleged misconduct. The Pittsburg Police Department will continue to cooperate with the DA’s Office and the FBI. We will also be conducting our own internal investigation that will be completed by an independent, outside investigator.

Please know that the women and men at our Department remain committed to serving our community. Any officer who has violated their oath of office by engaging in illegal or unethical conduct will be held accountable.”

No Response from City of Antioch, Yet

A copy of the DA’s release was sent, Friday at 4:36 p.m., to Interim Antioch Police Chief Tony Morefield, copying Captain Trevor Schnitzius asking if they can provide any information about the investigation. Morefield said any inquiries about the matter must be made to the City of Antioch public information officer (PIO).

An email was then sent to Antioch’s PIO Rolando Bonilla after business hours on Friday asking for the response from the city.

A question was also sent to Assistant DA Simon O’Connell after hours Friday asking for his office’s legal definition of “crimes of moral turpitude”.

Please check back later for any updates to this report.

Send letter to County Supervisors claiming, “Sheriff’s unwavering support for deputy who killed two people raises serious questions about his commitment to safety and accountability”

Instead of six years in prison for Andrew Hall “official Probation Department report recommended probation.”

“Contra Costa is not San Francisco or Los Angeles” – Sheriff Livingston

By Allen D. Payton

During campaign season, as both are facing re-election, an email was sent by Contra Costa County Sheriff David Livingston to his department staff on Friday, March 4, 2022, criticizing District Attorney Diana Becton and the judge for sentencing of former Deputy Andrew Hall to six years in prison for the shooting death of Laudemer Arboleda in 2018. (See related article)

In response, Becton and three other DA’s in the state who formed the Prosecutors Alliance of California are asking the County Supervisors “to increase external oversight of departmental misconduct” and for an audit of the sheriff’s department’s disciplinary practices. Formed in 2020, the Alliance is made up of four members, including the DA’s of San Francisco and L.A. Counties who are both currently facing possible recalls, and funded by Tides Advocacy, a social justice and welfare organization.

Sheriff Livingston’s email:

“Today is a sad day for the Sheriff’s Office, the community we serve, and law enforcement in general.  This morning superior court judge Terri Mockler sentenced Andrew Hall to six years in state prison. This is an unusually long sentence by any measure especially since the official Probation Department report recommended probation.  Since this is a felony conviction, California law requires that he no longer serve as a peace officer.  We are compelled to give him a reluctant farewell.

During his years of service, he served with honor and distinction.  He handled thousands of calls for service, as many of you have, and was well received by the citizens of our county.   After an extensive internal investigation, he was found to be within departmental policy when he was forced to use deadly force to protect himself and others on that fateful day.  I was proud to support him publicly and privately after the events of November 3, 2018, and I support him today.

For our district attorney to charge a deputy sheriff, or any peace officer, for a crime based on a split-second tactical decision is abhorrent.  It is even more abhorrent for that same district attorney to later repost photos on her reelection campaign social media that show her smiling and proclaiming that she “charged the officer.”

Despite these odd times, please remember I appreciate the work all of you do; I respect your sacrifice and commitment to the community we serve, and most importantly, I have your back.  I may not be able to impact the decisions of other elected officials, or the courts, but I definitely can impact what happens in our organization.  Do your job with honor, follow department policies, and obey the law.  If you do that, I will proudly stand with you – regardless of your job assignment, your rank, or your duties.  Never forget that and never doubt that.

I’m proud to be your Sheriff, and I thank you all.

David Livingston

Sheriff-Coroner”

Prosecutors Alliance Chides Livingston, Asks Supervisors for Oversight, Audit

On Monday, March 14, in a letter to the Contra Costa County Board of Supervisors, the Prosecutors Alliance of California asked for an audit of the disciplinary practices in Sheriff Livingston’s department and to increase external oversight of departmental misconduct. Recent remarks made by Sheriff David Livingston suggest he believes his deputies are above the law, raising serious concerns over the legitimacy of an Internal Affairs investigation into former Deputy Andrew Hall and how the Sheriff is disciplining officers who abuse their authority.

“Sheriff Livingston’s comments are abhorrent and indicate his belief that deputies who kill are above the law,” said Cristine Soto DeBerry, Founder and Executive Director of the Prosecutors Alliance of California. “Police have wide latitude to use force, but when they unnecessarily kill they must be held accountable just like anyone else in our community.  When we do not hold police accountable, people do not trust the legal system to protect them. That makes the job of policing more difficult and dangerous, and it makes it far less likely that crimes will be reported. That, in turn, poses a threat to everyone’s safety.

“District Attorney Diana Becton’s willingness to hold law enforcement accountable is the only check on an agency whose leader would otherwise grant his deputies unbridled power to kill with impunity. Sheriff Livingston took an oath to seek equal justice under the law and his remarks are an affront to that sworn commitment. These are not the words of a law enforcement leader, they’re the words of a man that believes accountability does not extend to police.”

Last week, a judge sentenced Deputy Andrew Hall to state prison after a jury convicted him for the 2018 shooting and killing of Laudemer Arboleda, an unarmed man having a mental health episode. This was not Hall’s only killing – he shot and killed Tyrell Wilson in 2021. Contra Costa County has paid $9.4 million to settle claims regarding former Sheriff’s deputy Andrew Hall. The County agreed to a $4.9 million settlement with Arboleda’s family last October in addition to a $4.5 million settlement with Tryell Wilson’s family.

In response to the verdict, Sheriff Livinston sent a department wide letter saying former Sheriff’s Deputy Andrew Hall served with “honor and distinction,” that Hall “was forced to use deadly force to protect himself that day,” and noted that an internal affairs investigation had cleared Hall. Livingston called DA Becton’s decision to charge former Deputy Hall “abhorrent,” and told his deputies, “I have your back.”

In an email to the Board of Supervisors today, Cristine DeBerry sounded the alarm, noting that, “the fact that [Internal Affairs] cleared former Deputy Hall is concerning.  If Department policy allows Sheriff’s Deputies to use force in contravention of the law, that would set up a situation wherein Deputies are being trained to use force in a manner that conflicts with criminal law. That presents serious issues for law enforcement officers, public safety, and county liability.  Alternatively, if the Sheriff is clearing deputies in cases where their use of force was criminal, that too raises serious questions about the Sheriff’s commitment to public safety and accountability.”

The Board of Supervisors can help restore trust by increasing oversight over the Sheriff’s Department, and by auditing the department’s disciplinary policies. These are critical steps to help the public understand the scope of law enforcement misconduct and to develop policies to increase accountability.

“DA Becton courageously charged Officer Hall with the death of Mr. Arboleda, a jury convicted him, and a judge sentenced him to prison,” said Cristine DeBerry. “Sheriff Livingston should accept the jury’s verdict and look at ways to reduce the use of unnecessary force by his deputies rather than question the prosecutor’s decision to bring charges and defiantly proclaim to ‘have the back’ of officers where a jury has determined the force to be criminal.”

A question was sent Thursday evening to the Alliance’s media contact asking if they had received any response, yet from the Board of Supervisors.

Livingston Responds to Alliance Letter

“The so-called ‘Prosecutors Alliance’ committee is made up of only four of the 58 DAs in the state,” Livingston responded. “Contra Costa is not San Francisco or Los Angeles where two of their far-leftwing founding members serve. Instead of playing politics here, they should do their job and prosecute offenders and start caring about crime victims for once.”

Both Livingston is facing one opponent in the June Primary Election, while Becton is facing two. If no candidate receives a majority of the vote, then the top two candidates will face off in the November General Election.

Please check back for any updates to this report.

By Bobbi Mauler, Executive Assistant to the District Attorney, Contra Costa County

Contra Costa County District Attorney Diana Becton announced Monday, Feb. 28 that the Contra Costa DA’s Office, together with 16 other California District Attorneys and City Attorneys, have reached a settlement with Copart for injunctive relief, civil penalties, and enforcement costs totaling $800,000.  According to their website Copart, founded in Vallejo in 1982 and now headquartered in Dallas, “is a global leader in 100% online car auctions featuring used, wholesale and repairable vehicles.”

After an investigation into the waste management practices of Copart, the Contra Costa County District Attorney’s Office, along with 16 other California district attorney and city attorney offices filed a civil complaint alleging Copart disposed of hazardous waste items into the trash. The items disposed of consisted of used office supplies, and items removed from vehicles being prepared for sale such as personal items, small electronics, personal care, automotive, and other consumer products.  These practices ultimately lead to hazardous waste being improperly transported to and disposed of in municipal landfills instead of authorized hazardous waste disposal facilities.

“Corporations must be held accountable for conduct that poses a harm to the environment,” said DA Becton. “Copart was cooperative with the investigation and enhanced their existing training programs designed to properly manage and dispose of all items that are regulated as hazardous waste.”

The judgment agreed to by the parties provides for $650,000 in civil penalties, $150,000 in costs of enforcement and a permanent injunction prohibiting Copart from violating hazardous waste laws and requiring Copart to implement compliance assurance measures. 

 

Will have to defend controversial policies as one of nation’s Soros-backed district attorneys; faces two challengers, including career prosecutor

By Allen D. Payton

In a press release issued Monday, Feb. 14 and received by the Herald on Tuesday, Contra Costa County District Attorney Diana Becton announced her campaign for re-election in the June 7th Primary Election.

According to the announcement, on February 12, 2022, at the U.A. 342 Union Hall in Concord, state and county elected and labor leaders joined more than 150 community members as Becton kicked off her campaign.

“Four years ago, Contra Costa voters elected me as your district attorney with overwhelming, majority support,” said DA Becton. “In these challenging times, feeling safe in our homes and our communities is what we all deserve. I am proud to say I have worked hard to deliver safety, justice and progress for the people of Contra Costa County. I am running for re-election to continue the important work of making our communities safer and our system more fair for everyone, and I thank the people of Contra Costa County for their support.”

The press release claims, since taking office, DA Becton has kept her promise to make real and lasting change, transforming the District Attorney’s Office into one that works for everyone in Contra Costa County and delivering justice for victims. She has worked to support victims, focus resources on violent crime and reduce mass incarceration. Under her leadership, the District Attorney’s Office also has developed and enhanced diversion programs and encouraged treatment for those who suffer from mental illness and drug addiction. She is also advancing youth justice by establishing a juvenile diversion pre-filing program and creating the Reimagine Youth Justice Task Force to recommend alternatives to prison for young people.

During her tenure 51 veteran deputy DA’s have left the department for one reason or another, and 40 rookie deputies were hired following their graduation from law school. No lateral hires of veteran prosecutors from other agencies to fill the vacancies have occurred.

“My priority has always been serving the people of Contra Costa and making our voices heard on issues that matter most,” said Congressman Mark DeSaulnier (CA-11). “When it comes to the safety of our families and our communities, there is no one who will work harder than District Attorney Diana Becton. Her proven leadership has led to tremendous progress to help keep our communities safe and our system more fair and equitable. I’m proud to support her campaign.”

Among her other accomplishments, District Attorney Becton:

• Co-leads the FBI Safe Streets Task Force that coordinates the resources of federal, state and local law enforcement on violent crime.
• Continues to file felony charges in organized retail theft incidents in Walnut Creek, coordinating with law enforcement partners throughout the Bay Area.
• Eliminated backlog of untested sexual assault kits and established the county’s first Human Trafficking Unit.
• Established Cold Case Homicide Unit to pursue justice for the victims and families of unsolved murders.
• Joined Code for America initiative to dismiss thousands of old marijuana convictions, which disproportionately affect people of color in the community.
• Piloted the California County Resentencing Program to address excessive sentencing.
• Partnered with The Vera Institute of Justice (VERA) on data analysis to uncover and address bias in the disposition of criminal cases. (See related article)
• Strengthened the internal investigative procedures associated with the investigation of officer-involved shootings and banned use of carotid hold by DA office investigators. (See related article)
• Successfully held a local steel company accountable for dumping toxic waste in the community. The local steel company was forced to pay a $4 million fine. (See related article)

“District Attorney Diana Becton has made lasting changes in her efforts to transform and reimagine the DA’s office into one that works for everyone,” said BART Board Director Lateefah Simon, who represents District 7 which includes portions of West County. “We need a leader who is prioritizing safety for our communities while staying resolute in working to reduce mass incarceration’s harm on Black communities and communities of color. I thank her for her courage and historic leadership.”

As part of that transformation and efforts to “reimagine the DA’s office”, Becton has taken controversial positions on various issues during her term in office, including supporting banning campaign contributions for DA candidates from police officer unions. (See related articles here and here)

She has also issued controversial policies for her department. In 2020 Becton issued a policy requiring prosecutors consider the reason for looting during a state of emergency before charging suspects with a crime. (See related article)

Then in late 2020, she announced a policy that prevents her department from prosecuting certain first-time criminals including drug offenders arrested with small amounts or for other crimes such as shoplifting, petty theft, disorderly conduct. (See related article)

In addition, in an effort to fulfill a campaign promise from 2018, in December, Becton announced a new Neighborhood Restorative Partnership program, a voluntary, neighborhood-focused, adult diversion, restorative justice initiative addressing root causes of criminal behavior, reducing recidivism, enhancing community relationships, and promoting public safety and quality of life. She put her office’s Assistant Investigator/Facility K9 Handler in charge of the program, who said in December, the procedures, guidelines, and logistics are still under development. As of Wednesday, Feb. 16, a group of volunteers was interviewed and selected to participate, but the program has not yet launched.  (See related article)

Appointed by the Board of Supervisors, Becton took office in 2017 as the first woman and first African-American District Attorney in the County’s 167-year history “with overwhelming countywide and community support” her campaign press release stated. She was then elected in 2018 as one of several left-leaning, progressive DA’s in the nation backed by billionaire George Soros in an effort to reshape America’s criminal justice system. According to a report by RepublicBroadcasting.org, Becton was “backed by $275,000 from Soros in 2018,” and is “one of the first in the position to have zero prior experience as a prosecutor. During Becton’s first years in office four Contra Costa cities (Richmond, Antioch, Pittsburg and Concord) made the list of the top 100 most dangerous cities in California in 2018, and both violent crime and property crime increased by several percent during 2019.”

Becton married a Richmond minister in summer 2020 and stirred controversy by hosting the wedding and reception in her back yard violation of COVID-19 orders. She was chastised by the Board of Supervisors for her actions. (See related articles here, here and here).

Becton is currently the only African-American District Attorney in California. According to the Contra Costa Elections office, as of Tuesday, Feb. 15, she faces two challengers in the race, including criminal defense attorney Lawrence Strauss, who placed a distant third in the 2018 election, and veteran Contra Costa Deputy DA Mary Knox. Read more about DA Becton at www.dianabecton.com.