Archive for the ‘Legal’ Category

Cal CASA highlights volunteers during National Foster Care Month

Wednesday, May 24th, 2023

By Sharon M. Lawrence, Esq, CEO, California CASA Association

In observance of National Foster Care MonthCalifornia CASA highlights the work of Court Appointed Special Advocate volunteers who advocate for the needs of children and youth in foster care. Thank you to the 11,000 CASA volunteers statewide for being a consistent presence and reliable resource for 12,700 children and youth during times of uncertainty and transition.

With more than 78,000 children and youth in foster care in the state—victims of neglect, abuse, or exploitation—we need to do more. A CASA volunteer often represents their only stable, trusted relationship with an adult; the one person who will speak up for them—in court, in school, and in the community—to make sure their voice is heard, and their needs remain the top priority. 

The CASA volunteer model works. Youth in foster care supported by a CASA volunteer are more likely to do better in school, receive more services, secure a permanent home, and have higher levels of hope.

California CASA works in partnership with our state’s 44 local CASA programs. Our vision is to ensure every child in foster care in California can have access to the transformative services and support of a CASA volunteer.

You can help foster more hopeful futures—one child, one CASA, at a time—by making a gift to California CASA today. Your gift will enable us to expand our collective impact so every child in foster care has a chance to thrive, with the skilled and compassionate support of a CASA volunteer.

Antioch council majority agrees to revise policy on hiring outside attorneys so it doesn’t apply to them

Wednesday, May 24th, 2023

Torres-Walker, Thorpe repeatedly interrupt city attorney during discussion

By Allen D. Payton

During Tuesday night’s Antioch Council meeting agenda on May 23, 2023, the council reviewed the City policy, for all of its departments, regarding the selection of contracted attorneys and the review, authorization and execution of all agreements for legal services and services to be provided by attorneys to the City. But the focus was revising the policy so that the council is not included.

Currently City Attorney Thomas L. Smith is charged with that responsibility based on the policy approved by the city council two years ago. But, last fall, the council, on a 3-2 vote, directed City Manager Con Johnson to hire an outside attorney for them on an invalid contract after Smith warned them three times not to, according to District 1 Councilman Mike Barbanica. That cost the city $39,000. (See related article)

According to the city staff report on the item, the Antioch City Council on February 26, 2021 approved the following:

“1. The City Attorney shall exercise discretion over the selection of all attorneys providing Legal Services, as defined herein, for the City including all of its departments.

2. [A]ll agreements for the provision of Legal Services, as defined herein, to the City, including all of its departments, or on behalf of the City that are to be paid by the City shall be submitted to the City Attorney for review and approval, and the City Attorney shall have the discretion to approve and execute all such agreements on behalf of the City when the City Attorney determines the agreement is consistent with Antioch Municipal Code, Title 3, Chapter 4, Article II. Any agreements for Legal Services to the City or on behalf of the City that are not approved by the City Attorney in writing shall be void.

3. [A]ll invoices for Legal Services, as defined herein, shall be required to be submitted to the City Attorney for review and payment through the City Attorney’s Office. No payment shall be made for Legal Services pursuant to existing or future agreements unless approved in writing by the City Attorney. Therefore, the budgeted amount for the City Attorney’ s Office shall include the amounts necessary for the payment of such invoices.”

“I think that pretty sums it all up,” said resident Andrew Becker during public comments on the item. “We approve ordinances in this city which are the law then we come to meetings, brazenly and we try to find a way to work around them. Whatever those determinations are you still have to live inside what the law is. You open us up…and you so brazenly do it. I voted for it with the understanding you would follow the laws in this city. Sometimes the law…means fixing it. But fixing it doesn’t mean circumventing it. Every time something comes to a vote we hear what the mayor says how he wants it to go and we take it. But for you to say we’re going to take our current policies and throw them out the window? For you to go on record and so brazenly say, we’ll figure out. The law? That’s how the healthcare district dissolved.”

“This item is being brought because this is a new policy. We adopted it as part of our police reform,” Thorpe said. “We wanted the city attorney to review the hiring of attorneys. In the past the police department just went and hired their own attorney. As has happened often, this policy binded us as a city council. But we’re the governing board.

“The California government code says the city attorney shall advise the council on all legal matters,” Smith interjected.

“We heard you the first time, thank you,” Thorpe responded. “This policy didn’t allow us to go get a second opinion. As a governing board…we should be able to do that.”

“The very same reason we created this policy is because the community is saying the police department’s internal affairs. Police shouldn’t review themselves,” Torres-Walker stated. “If we don’t trust what the city attorney is giving to us, we should have the right to get a second opinion without the city attorney. Our city attorney shouldn’t be able to hire an attorney to look into themselves.”

“Yes, it was a good policy in hindsight. But the council shouldn’t be included,” she added.

“I’d like to address that. If you don’t trust the people you’ve hired…” City Attorney Smith began saying.

“I don’t think we’re here for the council to get into a back and forth with the city attorney,” Torres-Walker said speaking over him. “I didn’t ask a question of the city attorney.”

Thorpe then allowed him to speak.

“I think it’s important what you said. If you don’t trust your city attorney, you have the ability to hire any city attorney you want. It only takes three votes,” Smith stated.

Torres-Walker interrupted him, again.

Thorpe stopped her and said, “I don’t want to get into a back and forth.”

“I just have to say is if there is a trust issue you can hire…” Smith began saying before being cut off, again.

“I think we’re all aware of that,” Thorpe responded.

“Perhaps the proper terminology isn’t a lack of trust but a disagreement with the advice being offered,” Torres-Walker clarified. “We should be able to seek outside counsel.”

“If we want a second opinion, we should be able to get a second opinion,” Thorpe said asking to have the policy revised.

“I went back and looked….I did not vote for it originally,” Ogorchock said. “I’m not in favor of this, now. He’s just reviewing the contract.”

“No. He would select the attorney,” Thorpe responded. “And we wanted this, and it included us. But I don’t think we should have to get a permission slip.”

“There has to be a city out there similar to ours,” Wilson said. “I can’t imagine there’s not a process that we can take to hire an attorney not of your choosing.”

“Before this policy, that was the case,” Thorpe responded. “If we wanted a second opinion, we could give direction to the city manager to hire an outside attorney. There are different examples. But I don’t want to go down that road. I’m just saying we shouldn’t be a part of this policy. All I’m asking is for that modification to this policy which I still think is a good policy.”

“I think we should go back and revise it,” Torres-Walker said. “There’s never been an instance when I didn’t trust our city attorney. So, I didn’t use the right language. But there was an instance when I didn’t trust the process. City Attorney, this isn’t me saying I don’t trust you. I should have used different language.”

Barbanica then said, “initially I was not for this. I’m fine with the policy the way it is, today.”

Ogorchock simply said, “no.”

Wilson supported revising the policy, agreeing with Thorpe and Torres-Walker that it should not apply to the city council. A revised policy will return for a future vote.

49 state attorneys general file lawsuit against telecom company over billions of illegal robocalls

Tuesday, May 23rd, 2023

An estimated 577 million robocalls sent to California phone numbers on National Do Not Call Registry 

Including Social Security, Medicare and employment scams

SACRAMENTO – California Attorney General Rob Bonta today, as part of a bipartisan coalition of 49 attorneys general, announced a lawsuit against Arizona-based Avid Telecom for allegedly initiating and facilitating billions of unlawful robocalls in California and around the country. Those robocalls included Social Security Administration scams, Medicare scams, and employment scams; two robocall examples can be found here and here. Today’s complaint is the result of efforts by the nationwide Anti-Robocall Litigation Task Force, which Attorney General Bonta helped launch last year and is charged with taking legal action against telecommunications companies that perpetuate robocall traffic.

“As the People’s Attorney, I’ve been laser focused on protecting consumers since taking office, and stopping unwanted robocalls is an important bipartisan and nationwide effort,” said Attorney General Bonta. “In addition to being a daily annoyance, robocalls can and do cause real financial damage. I’m taking Avid Telecom to court for delivering not hundreds, or thousands, or millions of robocalls — but billions of robocalls. Our coalition alleges that Avid Telecom has violated federal and state laws, and we are confident that we will prevail.” 

From December 2018 to January 2023, Avid Telecom sent or attempted to transmit over 24.5 billion calls to consumers. More than 90% of those calls lasted under 15 seconds, strongly indicating that they were likely robocalls. Further, Avid Telecom sent or transmitted over 7.5 billion calls to telephone numbers on the National Do Not Call Registry, an estimated 577,879,156 of those calls were to telephone numbers in California. Registering for the National Do Not Call Registry allows consumers to legally opt out from receiving telemarketing calls, but robocallers regularly fail to respect such legal prohibitions.

In the multistate coalition’s complaint, among other misconduct, Attorney General Bonta alleges that Avid Telecom:

  • Violated the Telephone Consumer Protection Act, which prohibits any person from making a call using an automatic telephone-dialing system or an artificial or prerecorded voice to any cellular telephone;
  • Violated the Telemarketing Sales Rule, which prohibits abusive and deceptive acts or practices by “sellers” or “telemarketers”; 
  • Violated the Truth in Caller ID Act, which prohibits the transmission of misleading or inaccurate caller-ID information;
  • Violated California’s Unfair Competition Law, which prohibits unlawful, unfair, or fraudulent business acts and practices, by transmitting a colossal number of illegal robocalls into California. 

In filing today’s complaint, Attorney General Bonta joined the attorneys general of Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the District of Columbia.

A copy of the lawsuit can be found here.

Invoices show Thorpe, Torres-Walker held private meetings with outside attorney inappropriately hired by city manager

Tuesday, April 25th, 2023
Portions of Legal bill #2 3261063 dated Feb. 21, 2023 showing billing for private meetings with Mayor Thorpe and Mayor Pro Tem Torres-Walker. Source: City of Antioch

By Allen D. Payton

Following the revelation in tonight’s Antioch City Council meeting agenda, that City Manager Con Johnson hired an outside attorney without proper permission of the city attorney, the first two invoices from the law firm were provided by Acting City Manager Forrest Ebbs today following multiple requests of city staff. The invoices show over $37,000 of work done including for closed session meetings with the city council and private meetings with Mayor Lamar Thorpe and Mayor Pro Tem Tamisha Torres-Walker. (See Item O. under Consent Calendar)

The invoices show work began on Oct. 17 under the auspices of a “procedurally invalid” contract, according to the city staff report on the item, before Johnson signed the contract on Nov. 4. Also, the first interaction Gregory Rolen – partner in the San Francisco law firm of Haight Brown & Bonesteel LLP – had with the council was on Oct 25, 2022 for “Travel to and from closed session/attend the closed session” billed at 3.6 hours. He charges a rate of $410 per hour.

Page 2 of first invoice from outside attorney dated Jan. 12, 2023. Source: City of Antioch

In addition, almost all of the first bill dated Jan. 12, 2023, for a total of $30,107.20 covered work on the city attorney’s contract, statutory powers, “Rules of Professional Responsibility”, ethical responsibilities and obligations, and work with the city council and Human Resources Director Ana Chavez.

The second invoice dated Feb. 21, 2023 for a total of $7,231.75 included a meeting with Thorpe and Torres-Walker that lasted almost three hours. The invoice shows “01/10/2023 Meeting with Mayor and Vice Mayor” for 2.9 hours. Plus, it shows travel to and from meetings, attendance at the council meeting on Jan. 24, 2023, and another “Teleconference with mayor regarding regulation” for 0.7 hours on Jan. 31, 2023.

That’s in addition to the private half-hour-long meeting Rolen had with Thorpe on Feb. 2, 2023, described as “Teleconference with mayor regarding representation city manager” as previously reported.

Page 3 of first invoice from outside attorney dated Jan. 12, 2023. Source: City of Antioch

Questions for City Attorney, HR Director

In response to the information in the first two invoices, questions were sent Tuesday afternoon to City Attorney Smith and Human Resources Director Ana Cortez. They were asked, “Since outside attorney Greg Rolen did work regarding the city attorney’s contract can you please provide his current contract? Was it renewed for another three years in 2022 and does it run through 2025?”

Smith’s original contract began March 1, 2019 and lasted three years following the council’s 5-0 vote on Feb. 5 to hire him.

Cortez was asked why she worked with the outside attorney and if the city manager directed her to do so. She was also asked if she consulted with Smith to determine if it was proper before incurring the cost to the City.

Smith was asked, since the work was done under a ‘procedurally invalid’ contract, was the work product destroyed or must it be, or can it still be used, and what was the final product from Rolen’s work.

Page from second invoice from outside attorney dated Feb. 21, 2023. Source: City of Antioch

More Questions for Thorpe, Walker, Other Councilmembers

An email was sent to all five council members late Tuesday afternoon asking, “Now that city staff provided the first two invoices from attorney Greg Rolen of Haight Brown & Bonesteel LLP, do you have any comment? Did any of you ask why an outside attorney was meeting with you in closed session?”

It was pointed out to them information from the first invoice showing, “12/04/2022 Initiate legal research concerning statutory powers of city Attorney” for 0.90 hours and on “12/05/2022 Locate, review and analyze city Attorney employment agreement” for 1.90 hours.

They were asked, “did the council ask Rolen to do that? Why? Did you not think to look at the Feb. 5, 2019 City Council Agenda item when Thomas was hired? It shows his original contract lasted three years.  See Item #10 – 020519.pdf (antiochca.gov) Assuming it was renewed in 2022, it’s safe to say it was done so for another three years through 2025.

Thorpe and Walker were then asked, “why did you have a meeting with Rolen on Jan. 10, 2023 for almost three hours, separate from the other three council members? What did you discuss with him, which is not privileged as it was done under a “procedurally invalid” contract? Why weren’t the other council members included? Shouldn’t you pay for the cost of that meeting totaling $1,189 rather than the taxpayers?”

They all were asked, “why did you need Rolen to attend the council meeting for one hour on Jan. 24? Was that just for the Closed Session? Who invited him to do so? What was discussed with him?”

Finally, Thorpe was asked, “why did you have another teleconference meeting with Rolen on Jan. 31 ‘regarding regulation’ separate from the other four council members? What regulation did you discuss?”

An effort to reach Rolen for comment about the city attorney’s claim the contract was “procedurally invalid” and to ask him questions about his work with Johnson, Cortez and the city council was unsuccessful prior to publication time.

Please check back for any responses or other updates to this report.

Federal lawsuit filed against six Antioch Police officers in racist text scandal, three chiefs, City

Thursday, April 20th, 2023

Seeks monetary damages, department practice and policy changes, court monitoring; labels officers’ actions a “conspiracy”

By Allen D. Payton

Oakland civil rights attorney John Burris and associates filed a lawsuit in U.S. District Court for Northern California on Wednesday, April 19, 2023, against five current Antioch Police officers and one former officer, for their racist and other offensive texts and mistreatment of citizens, plus, three current and past police chiefs, the City of Antioch and Does 1-100. (See related articles here and here)

The texts sent and received by multiple officers on their personal cell phones mentioned at least one Antioch resident, as well as suspects in crimes being investigated by some of the officers.

The suit includes defendants Sgt. Josh Evans, Officers Eric Rombough, Morteza Amiri, Scott Duggar, John Ramirez and Timothy Manly Williams, who left the department in 2021. The lawsuit also includes former Police Chief Tammany Brooks who left in October 2021, former Interim Police Chief and current Captain Tony Morefield, and current Chief Steve Ford, in spite of the fact he didn’t start as interim chief until late April 2022, at the end of the timeframe of the texts between December 2019 and April 2022. Ford was given his permanent position on October 23, 2022. Morefield served as interim chief from Oct. 10, 2021 through April 2022.

The plaintiffs include Antioch resident Shagoofa Khan, the 2017 Youth of the Year who was one of the lead protesters in the city in 2020, was arrested a few times including once for felony arson in January 2021 and at Brooks’ farewell party later that year, and was the subject of one of the vile texts; Adam Carpenter, Joshua Butler, Trent Allen, who is one of the suspects in the murder case that resulted in the release of the texts; plus, Diego Zavala, the son of Guadalupe Zavala, who was unarmed when he was shot and killed by police in 2021 after a seven-hour stand-off with police. (Their last name is listed as Savala in the lawsuit).

The suit describes what occurred between the named Antioch Police officers and the plaintiffs as a “conspiracy and/or conspiracies” and claims they were “the failure and/or refusal of Defendants Brooks, Morefield, Ford and Evans…to prevent or aid in preventing” them from occurring. The suit further claims the four department leaders “maintained customs, policies, and/or practices which encouraged, authorized, condoned, ratified, failed to prevent, and/or failed to aid in the prevention of wrongs conspired to be done by” the named officers.

The suit seeks multiple forms of damages including “past, present and/or future wage loss, income and support, medical expenses”; special damages, any and all permissible statutory damages, and attorneys’ fees. The lawsuit, Case #4:23-cv-01895-TSH, from the firm of Burris, Nissenbaum, Curry and Lacy also seeks department policy and practice changes and Court Monitoring. Burris previously represented the family of Angelo Quinto who died in 2021 in the hospital while not in police custody, three days after an interaction with Antioch Police who were called to their home to stop him from attacking them.

According to Antioch Police Officers’ Association attorney Mike Raines the officers don’t have to obtain their own legal counsel as they are entitled to representation by the City Attorney or a designated, outside law firm.

Contra Costa DA Becton meets with Public Defender, others on Antioch cops’ racist texts, will work to ID compromised cases

Monday, April 17th, 2023

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.

Contra Costa Public Defender calls on DA to pause all criminal filings, prosecutions over Antioch cops’ racist texts

Wednesday, April 12th, 2023

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

By Allen D. Payton

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

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

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

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

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

Judge rules Antioch Police officers’ racist texts will be disclosed to defense in felony court case

Friday, April 7th, 2023

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

By Allen D. Payton

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

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

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

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

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

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

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

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

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

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

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

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

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

Diana Becton

District Attorney, Contra Costa County