Alameda County District Attorney Nancy E. O’Malley, together with 42 other California District Attorneys and two city attorneys, announced today that Alameda County Superior Court Judge Wynne Carvill has ordered the Illinois-based Walgreen Co. to pay $16.57 million as part of a settlement of a civil environmental prosecution.
On November 26, 2012, a lawsuit against Intelligent Beauty Inc., the makers of Sensa, reached a settlement to the tune of $800,000. Alameda County joined eight other California county DA’s offices (Santa Cruz, Marin, Monterey, Napa, Orange, Santa Clara, Solano, and Sonoma) in filing suit against the Delaware-based company for false advertising in the marketing campaign of their product Sensa.
On October 29, 2012, a jury found Giselle Diwag Esteban guilty of first degree murder for the killing of 26-year-old nursing student Michelle Le. DDA Butch Ford represented the People in court.
On November 6, 2012, California voters passed Proposition 35 with an overwhelming 81% majority. The law, also known as the Ban on Human Trafficking and Sex Slavery, increases prison terms for human traffickers, makes sex trafficking a registerable offense, mandates that convicted human traffickers pay fines to financially assist victims’ services, and requires that law enforcement receive training on human/sex trafficking.
This November gave the people of California’s 15th congressional district something to be thankful for: their voice in the US House of Representatives will now be Alameda County DDA Eric Swalwell. The newly redrawn district (which is composed of all or parts of Pleasanton, Dublin, Livermore, Hayward, and Union City, among other cities) will now be represented by the second-youngest member of Congress.
OAKLAND -- The Alameda County District Attorney’s Office, in partnership with the US Drug Enforcement Administration, is participating in the second Prescription Drug Take Back initiative of the year on Saturday, September 29. Alameda County residents are encouraged to bring their unwanted prescription and over-the-counter medication to the Alameda County Family Justice Center from 10 a.m. to 2 p.m. for safe disposal.
The service is free and anonymous, no questions asked.
By Alameda County District Attorney Nancy O'Malley and Superintendent Tony Smith of the Oakland Unified School District.
Originally published in the Oakland Tribune/Contra Costa Times on 09/06/2012.
On Aug. 27, Oakland Unified School District students headed back to school. Sadly, far too many Oakland students missed that first day and continue missing so much school that they put themselves at academic risk.
In fact, nearly one in seven Oakland students misses nearly a month of school every year, a trend that starts for some children as early as kindergarten.
Children who are chronically absent in kindergarten and first grade are much less likely to read well by the end of third grade, and are more likely to have poor attendance in later grades.
By middle and high school, chronic absence is a proven early warning sign that a student will drop out. This is especially true for economically disadvantaged students who need school the most to break out of the cycle of poverty, but are sometimes getting the least.
On August 15, 2012, a jury found Andrew Toon Wong guilty of two counts of first degree murder with enhancements for using a firearm causing death, and a special circumstances clause for multiple murders.
On July 31, 2008, delivery driver David Wells was murdered in his truck while parked at Doolittle Drive and Harbor Bay Parkway. Mr. Wells was known by many people in Alameda County for his love of bowling, and sports betting. This case, although diligently investigated by the Oakland Police Department, remained unsolved for 9 months.
On August 13, 2012, a jury found defendant Cesar Aguirre guilty of felony vandalism. On November 3, 2011, the defendant was in Frank Ogawa Plaza at the Occupy Oakland General Strike Protest. He was dressed in all black clothing, wearing goggles and a dust mask. He grabbed a red metal folding chair and walked to the windows of the Oakland Police Department Recruiting Office and the Oakland Police Department Internal Affairs Office. He swung the chair at the glass windows and doors multiple times before discarding the chair. He then used his body weight to push up against the wooden boards that had been placed behind the glass to prevent entry into the office.
On August 2, 2012, a jury convicted Obdulio Ambrosio Jimenez of four counts of penetration or sodomy of a child under 10 years of age. The crimes took place between 2006 and 2010. Jane Doe eventually told a friend and a school counselor. Defendant Jimenez faces 25 years to life in state prison when he is sentenced on August 30, 2012. The prosecutor was DDA Briggitte Lowe.
On July 25, 2012, a jury convicted Eric Perry of first degree murder, and two counts of attempted second degree robbery. The jury further convicted defendant Perry of the special circumstance of murdering Mr. Ronald Spears Jr in the course of a robbery, having personally and intentionally discharged the firearm that caused death and attempting to rob Tara Rother and Angelina Richmond using a firearm.
On August 21, 2007, Ronald Spears Jr. was driving through Oakland with two friends. After getting lost, Mr. Spears pulled the car into a gas station. Defendant Perry was walking from the gas station’s store window, when Mr. Spears’ car pulled up next to him and asked him for directions. The defendant indicated some directions and then asked Mr. Spears for a ride, saying that he would show them the way.
OAKLAND, CA -- On August 6, 2012, Alameda County District Attorney Nancy E. O’Malley announced that her office filed a Motion for Preliminary Injunction in a civil lawsuit against Walgreen Co., to stop the company from routinely and systematically dumping hazardous wastes into the environment.
The lawsuit, led by the District Attorneys of Alameda, San Joaquin, Riverside and Solano, and the City Attorney of Los Angeles, and joined by 31 other prosecutors’ offices, was filed in Alameda County Superior Court on June 18th, and claims that more than 600 Walgreen’s stores throughout the state improperly handled and disposed of various hazardous wastes and materials over a six and a half-year period, including pesticides, bleach, paint, aerosols, automotive products and solvents, pharmaceutical and biohazardous wastes and other toxic, ignitable and corrosive materials. The lawsuit also alleges that Walgreen’s unlawfully disposed of customer records containing confidential medical information without preserving the confidentiality of the information therein. All 32 Walgreen’s stores in Alameda County were involved in the hazardous waste violations.
OAKLAND, CA -- On Tuesday, August 1, 2012, a jury of six men and six women returned a verdict of death in the penalty trial of David Mills after deliberating for less than a day and a half. The same jury had convicted Mills of three counts of premeditated murder, one count of premeditated attempted murder, and two counts of felony animal cruelty on June 28, 2012. Those convictions stemmed from Mills' shooting of four people and two dogs seated inside a car in the 9900 block of St. Elmo Drive in Oakland's Brookfield Village district on March 10, 2005.
Mills was quickly identified by surviving victim Elizabeth Martinez, and arrested several hours later by members of the Oakland Police Department. At the time of his arrest Mills was in possession of a 9mm Glock handgun that proved to be a ballistics match to casings found at the crime scene.
During the penalty trial the jury was presented evidence of several additional crimes committed by Mills. These crimes included the January 1, 1997, killing of Troy Gardner in front of 1808 88th Avenue in Oakland over a drug turf dispute. The jury also heard testimony relating to Mills' history of domestic violence and illegal gun possession.
OAKLAND, CA – The Consumer Fraud Unit of the Alameda County District Attorney’s Office is issuing a consumer advisory to Bay Area residents about certain private companies offering massage therapy training and accreditation.
Through recent solicitations in newspapers, certain private companies engage students interested in a career in massage therapy. In order to enroll in the course, these companies require the applicant to pay a fee and disclose personal information, such as social security number, driver’s license and immigration information. Certain private companies take the applicant’s money but do not provide services, nor do they issue the necessary certificates and transcripts required for accreditation. These companies are scams.
Oakland, CA -- Alameda County District Attorney Nancy E. O’Malley announced today that her Office has filed a criminal complaint in the adult division of the Alameda County Superior Court against Frederick Charles Coleman, age 16. The complaint alleges one count of murder and six counts of attempted murder. Each count alleges several enhancements including that Defendant Coleman personally used a firearm in the commission of the crimes and that those victims who survived the shooting suffered great bodily injury. Each count also contains an enhancement against Defendant Coleman alleging that the murder and the attempted murders were committed for the benefit of, at the direction of, or in association with a criminal street gang.
These charges are based upon the crimes Defendant Coleman committed and/or in which he participated on November 28, 2011, when he and his adult co-perpetrators shot at a group of people, killing 23-month-old Hiram Lawrence Jr and injuring several other people. Two teenage boys as well as four adults sustained gunshot injuries.
On July 19, 2012, defendant Curtis Martin pled guilty as charged to murdering his girlfriend, Zoelina Toney, and his girlfriend’s young child, Jashon Williams. Defendant Martin was charged with, and pled guilty to, two counts of murder and three special circumstances for killing a witness, for killing by means of lying in wait, and for killing more than one victim. The defendant also pled to being a felon in possession of a firearm and admitted three prior felony convictions.
The charges stem from defendant Martin's brutal murder of Zoelina Toney on November 13, 2009, who was found beaten and shot to death at Berkeley’s Aquatic Park. Two days later, on November 15, 2009, the body of Zoelina’s 17 month son, Jashon Williams, was found floating in the water at the Berkeley Marina. Jashon's body was badly decomposed and an autopsy was unable to determine a cause of death.
Defendant Martin was in trial and jury selection was ongoing when the defendant pled guilty as charged to the Court and waived any right to appeal. There was no plea agreement with the District Attorney’s Office. Defendant Martin will be sentenced to the maximum punishment of life in prison without the possibility of parole on December 3, 2012. The prosecutor was DDA Tim Wellman.
OAKLAND, CA -- The Real Estate Fraud Unit of the Alameda County District Attorney’s Office is issuing a consumer advisory to Bay Area residents about recent mailings from private companies offering to obtain a copy of grant deeds or property title records for a high fee.
The solicitations offer to obtain a copy of the grant deed for a high fee, which can be up to 20 times more than the actual cost charged by the County Recorder. In Alameda County, a copy of a grant deed can be obtained for as low as $3.50.
On June 28, 2012, a jury convicted David Mills of three counts of first degree murder, one count of premeditated attempted murder, and two counts of animal cruelty stemming from a March 10, 2005 shooting in Oakland's Brookfield Village district.
During the five week trial jurors heard testimony from Elizabeth Martinez who survived after being shot three times. Ms. Martinez identified David Mills as the shooter of her husband, Dale Griffin, her sister, Rebecca Martinez, and a friend, James Martin as they were seated in a car parked in the 9900 block of St. Elmo Drive. Ms. Martinez's willingness to cooperate with Oakland Police led to David Mills' arrest several hours later. At the time of his arrest Mills was found in possession of a 9mm semi automatic pistol. The pistol proved to be a ballistics match to ten casings recovered at the crime scene. Other evidence tying Mills to the shooting included records from Rebecca Martinez's cell phone showing two calls between her phone and a phone connected to David Mills within minutes of the murders.
From June 13-15, 2012, the Alameda County District Attorney's Office hosted the Bay Area's first National Conference addressing the epidemic of domestic minor sex trafficking. The Conference, entitled "Plan 2 Act: the 2012 National Human Exploitation and Trafficking (H.E.A.T.) Watch Conference", brought together a capacity crowd of over 450 prosecutors, law enforcement and community practitioners from throughout North America for three days of intensive training, education and problem solving.
Speaking at the conference were national experts in the field, as well as notable speakers such as United States Congresswoman Jackie Speier, US Attorney – Northern District of California Melinda Haag, award-winning investigative journalist Julian Sher, survivor “T” Ortiz and actress/activist Jada Pinkett Smith.
OAKLAND -- Alameda County District Attorney Nancy E. O’Malley announced today that her office, together with 28 other California District Attorneys, has filed and settled a $3.6 million civil law enforcement action against Costco Wholesale Corporation. The civil action was filed in Alameda County Superior Court and the settlement resolves allegations that Costco violated California laws for the safe storage, handling and disposal of pharmaceutical and pharmacy waste as well as other hazardous waste.
The Alameda County District Attorney’s Office teamed up with the other DA offices as part of a joint investigation and prosecution to address statewide violations of law after San Joaquin County inspectors found evidence of improper storage, handling and disposal of hazardous waste and pharmaceutical waste products at Costco stores. Upon notification of the investigation, Costco officials cooperated with prosecutors and quickly came into compliance with hazardous waste management regulations.
SAN FRANCISCO -- San Francisco District Attorney George Gascón and Alameda County District Attorney Nancy O'Malley announced today that a $1.96 million settlement was reached in a civil action against the owner and operator of the Dubai Star for causing an oil spill in the San Francisco Bay on October 30, 2009. This civil settlement is the result of a unique partnership between local law enforcement and the California Department of Fish and Game.
“The San Francisco Bay is an environmental treasure that needs to be protected,” said District Attorney George Gascón. “The Dubai Star settlement will ensure our local environment is restored and help deter such events from occurring in the future.”
District Attorney O’Malley praised the settlement as “a victory for environmental restoration and the citizens of the Bay Area who cherish access to clean and safe public beaches.” Ms. O’Malley was thankful for the hard work and cooperation of the San Francisco District Attorney’s Office and the Department of Fish and Game.
OAKLAND --Alameda County DA O’Malley announces that April 23 through April 29, 2012, is National Victim’s Rights Week. To best serve the citizens of our county, representatives from the Alameda County District Attorney’s Office Victim-Witness Division, the Alameda County Family Justice Center and public libraries are hosting events at many locations throughout the county.
Various community agencies, law enforcement and counseling centers will be available at each of the events to provide information regarding resources available to victims of crime. Children are encouraged to attend and participate in an art project about safety.
DA O’Malley states that the events will “honor victims of crime and educate the community about victims’ rights. Our goal is to reach out to as many people as possible to ensure that everyone knows that help to crime victims is available.”
OAKLAND -- Alameda County District Attorney's Office is participating in the nationwide event, the 'Prescription Drug Take Back Day'.
WHEN: Saturday, April 28, 2012, from 10am - 2pm
WHERE: Alameda County Family Justice Center, 470 27th Street, Oakland, CA 94612
WHO: Alameda County District Attorney’s Office in conjunction with US Drug Enforcement Administration (DEA)
The public will have an opportunity to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused and unwanted prescription and over-the-counter drugs. The public is encouraged to bring medications for disposal to the Alameda County Family Justice Center. The service is free and anonymous, no questions asked.
OAKLAND -- District Attorney Nancy E. O’Malley announced today that her office, together with 43 other California District Attorneys and the City Attorneys in San Diego and Los Angeles, has filed and settled a civil law enforcement action against CVS Pharmacy, Inc., headquartered in Woonsocket, Rhode Island.
The settlement took place in Ventura County Superior Court and resolves allegations that CVS violated California laws for the safe storage, handling and disposal of sharps waste (needles that are contaminated with biohazardous waste), pharmaceutical and pharmacy waste, photo waste containing silver, and hazardous waste generated from spills and customer returns of hazardous products.
OAKLAND -- Today, Alameda County District Attorney Nancy E. O’Malley announced that her Office has filed charges against One L. Goh, following the brutal multiple murders committed at Oikos University in Oakland, California on Monday, April 2, 2012. Defendant Goh faces seven counts of murder with special circumstances and three counts of attempted murder.
DA O’Malley states, “The enormity and devastation of these crimes is unprecedented in Alameda County. My Office will work tirelessly to ensure that this defendant is brought to justice. Through our Victim-Witness Assistance Division, we will also provide every possible service to the surviving victims and the families of those victims who were senselessly murdered to help them navigate this unimaginable tragedy and the legal process as it unfolds.
OAKLAND -- Alameda County District Attorney Nancy E. O’Malley announced today that Benjamin Altadonna, D.C., a Danville, California chiropractor and marketing consultant, was ordered to pay $1,125,000.00 to settle a multi-jurisdictional prosecution arising out of his role in a nationwide, health care marketing fraud.
The Alameda County District Attorney, along with the District Attorneys of Contra Costa, Marin, Monterey, Napa, Orange, Santa Clara, Santa Cruz, Shasta, Solano, and Sonoma counties had filed a civil lawsuit in 2010 to enjoin Altadonna from engaging in false and misleading advertising, and unfair business practices relating to the marketing of a healthcare device known as the DRX-9000. The DRX-9000 was a spinal traction device.
The complaint alleged that Altadonna, and his company, Altadonna Communications, Inc., falsely promoted the DRX-9000 as “patented,” “breakthrough medical technology,” “approved by the FDA,” and “developed by NASA.” All of these claims were false. The DRX-9000 was merely a motorized traction device for the treatment of low back pain.
OAKLAND -- Alameda County District Attorney Nancy E. O’Malley announced that on Friday, February 17, 2012, the Alameda County District Attorney's Office filed criminal charges against Nanette Sheree Dillard and Paul Daniels in connection with the Associated Community Action Program (ACAP). Defendant Nanette Dillard was the Executive Director of ACAP from 2004 through her termination in February, 2011. Defendant Daniels was the Grants Manager of ACAP until he was terminated in February, 2011. Defendants Dillard and Daniels are married.
Defendants Dillard and Daniels face felony counts as follows:
- Penal Code Section 487(a), Grand Theft
- Penal Code Section 182(a)(1), Conspiracy to Commit a Crime
- Penal Code Section 424, Crime by a Public Officer
OAKLAND -- Alameda County District Attorney Nancy E. O’Malley announces that on February 15, 2012, Dr. Naim Katiby, 62, of San Ramon, pled guilty to a felony criminal count of filing a false insurance claim. The criminal prosecution was the result of a coordinated investigation by the Alameda County District Attorney’s Office, led by Inspector J.P. Williams, the Drug Enforcement Agency (DEA) and the California Department of Insurance.
From November 2008 through January 2009 undercover DEA agents, posing as victims of an auto accident, sought treatment from Dr. Katiby's AAFTAB Medical Center at 15921 East 14th St., San Leandro. Over the course of several undercover visits Dr. Katiby agreed to and did bill the agent’s fictitious auto policy for injuries that the doctor knew were not sustained in an auto accident.
Dr. Katiby over billed for the treatment provided and, at one point, actually created a false medical record and billing for a visit that never occurred. The doctor also negligently prescribed Vicodin to both undercover agents, who clearly exhibited behavior consistent with that of addicted users of the drug. On one occasion, he prescribed the narcotic without ever talking to or examining one of the undercover "patients."
The District Attorney’s Justice Academy offers a paid six month learning and working experience for high school students ages 16 to 18. The Spring 2012 Academy is available to high school students in the Dublin, Pleasanton and Livermore School Districts.
Presented in conjunction with the Tri-Valley Community Foundation, the Academy meets every other Wednesday afternoon from 4:00 to 6:00, beginning in March, 2012. At each session, outstanding speakers present on a wide variety of topics covering the fields of criminal justice, social justice and law & the courts. When school ends, each student will be placed in a justice-related paid summer job in a local office or organization!
OAKLAND -- Alameda County District Attorney Nancy E. O’Malley announced today that 12 individuals have been charged with criminal offenses stemming from the arrests of 'Occupy Oakland' protesters on Saturday night, January 28, 2012. Eight people were charged with misdemeanor offenses, and four people were charged with felony offenses.
The defendants charged with felonies appeared in department 112 where they were arraigned. The judge issued an order to stay away from Frank Ogawa Plaza and the Oakland Convention Center. The defendants will appear again in court on February 2, 2012 for entry of plea and a bail motion.
Seven of the eight defendants charged with misdemeanor counts appeared in Department 107 where they were arraigned. The People requested and the judge issued the order that the defendants stay 300 yards away from Frank Ogawa Plaza. The eighth defendant did not appear. An attorney appeared on her behalf and that arraignment will take place on February 7, 2012.
Additional arrests were made on Saturday, January 28 and Sunday, January 30, 2012. Investigations are ongoing as to each of these arrests. The District Attorney’s Office will carefully review each police report and all of the supporting evidence as to each of these incidents and will make decisions regarding filing of criminal charges.
OAKLAND -- Attorneys from the Alameda County District Attorney’s Office today moved to dismiss the case People v Geneva Dixon on the grounds of Interests of Justice. Ms. Dixon was charged with Penal Code Section 187, involving the death of the father of her child, Mr. Norris Lewis. After an extensive post-charging investigation by the District Attorney’s Office, the determination has been made that the killing was done in self-defense during an assault by the decedent against the named defendant in this case. Much of the evidence ultimately reviewed, including 16 hours of video interviews, cell phone records and coroner’s report, was not available at the time of charging.
DA O’Malley said, “This decision was not made lightly. Our role as prosecutors is not simply to seek convictions, but to seek justice based on the law and the facts of the case. The criminal justice process is a search for the truth. After carefully reviewing all of the evidence, the decision to dismiss the case in the interests of justice is the correct one.”
Alameda County District Attorney Nancy E. O'Malley Announces $350,000 Settlement with Retail Chain that Sold Children's Products Containing Illegal Amounts of Lead and/or Phthalate Compounds
OAKLAND -- District Attorney Nancy E. O’Malley announced today that DAISO CALIFORNIA, LLC, (Daiso), has agreed to pay a total of $350,000 in civil penalties and costs in the settlement of a lawsuit brought by the District Attorney’s Offices of Alameda and Santa Clara counties.
The lawsuit alleged that the company sold products marketed to children containing lead and/or phthalate compounds exceeding the legal limits without providing clear and reasonable warnings in violation of Proposition 65 and Health and Safety Code sections 108935-108939.
The settlement, signed by Alameda County Presiding Judge C. Don Clay, pertains to Daiso’s retail stores in California (located in Daly City, Newark and San Jose), and requires Daiso to pay $350,000 in civil penalties and costs. The civil penalties from the judgment will be used to provide money to support local enforcement of California consumer protection laws and the state Safe Water and Toxic Enforcement Fund.
As part of Human Trafficking Awareness Month, the Alameda County District Attorney's Office is proud to co-sponsor an informational session called 'Keeping Our Children Safe'. The aim of the program is to educate parents on how to assist their children in navigating the internet safely.
While the internet is used for positive social, educational and commercial applications, it is also increasingly used to facilitate human trafficking. The Alameda County DA's Office encourages parents to attend one of the forthcoming sessions to gain the knowledge needed to protect their family in this era of increasing online participation.
The free session will be repeated in Livermore, Fremont and Oakland, and will feature speakers from the FBI.
Click to view the 'Keeping Our Children Safe' Flyer [PDF]
OAKLAND -- Alameda County District Attorney Nancy E. O’Malley announced today that dietary supplement distributors Iovate Health Sciences, Inc., a Canadian corporation, and its American affiliate, Iovate Health Sciences USA, Inc., have agreed to pay a total of $1.5 million in civil penalties and costs in the settlement of a lawsuit brought by the District Attorney’s Offices in Alameda, Napa, Marin, Monterey, Orange, Santa Clara, Santa Cruz, Shasta, Solano and Sonoma counties.
The lawsuit alleged that the company engaged in false and misleading advertising in connection with the marketing and sale of certain of its dietary supplement products, and violated Proposition 65, which requires a warning label on products that expose the consumer to over one-half microgram of lead per day.
The settlement, signed in Napa County Superior Court, pertains to Iovate products marketed and sold throughout the state of California, and requires the Iovate companies to pay $1,200,000 in civil penalties that will provide support for the future enforcement of California consumer protection laws. The agreement also provides for $300,000 in investigative costs. It is the second largest multi District Attorney dietary supplement settlement of its kind in California history.