Alameda County District Attorney's Office
Nancy E. O'Malley, District Attorney

Meet DA Nancy E. O'Malley

2018

DA O’Malley Inducted into the International Academy of Trial Lawyers Mar 28, 2018

DA Nancy E. O’Malley Inducted into the International Academy of Trial Lawyers

OAKLAND, CA - The Alameda County District Attorney’s Office is pleased to announce that Alameda County District Attorney Nancy E. O’Malley has been inducted into the prestigious International Academy of Trial Lawyers (IATL). The honor was bestowed upon DA O’Malley at the IATL Annual Meeting in Austin, TX, late last week.

Following a comprehensive, rigorous vetting process by peer and judicial review, the Academy inducted DA O’Malley into their ranks.

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Victims’ Rights Week - 2018 Mar 27, 2018

National Crime Victims' Right Week, April 89-14, 2018

The District Attorney's Office and the Alameda County Family Justice Center are hosting and participating in a number of events around the County during National Crime Victims' Rights Week, April 8 - 14.
To learn more about the DA's office and its ongoing efforts to provide assistance to victims of crime, and about the programs offered by the Alameda County Family Justice Center, please join us at any of these free events.

Download a flyer with all events: English | Español

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DA Nancy O’Malley Announces Settlement with Costco & SF Gourmet Coffee Mar 19, 2018

Alameda County DA Nancy O'Malley Announces Settlement over the Misleading an Untrue Claims of Plastic Coffee Pods


Alameda County District Attorney Nancy E. O’Malley announced today that her office, along with 24 other District Attorney’s Offices in California, settled a consumer protection action against Costco Wholesale Corporation, Inc., and JBR, Inc., a coffee company headquartered in Roseville, CA, which does business as San Francisco Bay Gourmet Coffee and the Rogers Family Company. The settlement was based on allegations that the companies sold plastic coffee pods, labeled with untrue and misleading marketing claims, including statements related to biodegradability and compostability. A stipulated final judgment settling the matter was issued by Alameda County Superior Court Judge Morris Jacobson.

“California consumers trying to help reduce the problem of plastic waste in landfills are often misled to believe that plastic products labeled as ‘biodegradable’ will break down in municipal trash,” says District Attorney O’Malley, “But most landfills prevent biodegradation. In order to prevent misleading consumers, the Legislature banned the sale of plastic products labeled with language implying they will biodegrade.”

O’Malley stated that consumers interested in diverting plastic waste from landfills to municipal composting facilities should look for products that are labeled as having met scientific compostability standards (specifically, a compostable plastics certification called 'ASTM D6400').

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People v Jamell Curtis Tousant Mar 13, 2018

On March 9, 2018, a jury convicted Defendant Jamell Curtis Tousant of four counts of assault with a firearm, two counts of shooting at an inhabited dwelling, four counts of illegal possession of firearms, and one count of shooting at an unoccupied motor vehicle.

Defendant Tousant's son, Jamell Tousant Jr, was murdered in Oakland on April 28, 2015. The defendant made efforts to discover who killed his son and eventually determined that it was a member of a South Berkeley gang. Defendant Tousant wrote a number of postings on social media about finding the person who killed his son along with photographs of himself holding various firearms.

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DA O’Malley Announces $27.84M Settlement with Home Depot Mar 8, 2018

Home Depot to Pay $27.84 Million Settlement for Environmental and Customer Privacy Violations


Alameda County District Attorney Nancy E. O’Malley, California Attorney General Xavier Becerra, and eight other prosecutor’s offices throughout the state, announced today that Alameda County Superior Court Judge Brad Seligman has ordered Georgia-based Home Depot USA, Inc. (“Home Depot”), to pay $27.84 million to resolve allegations that Home Depot unlawfully disposed of hazardous wastes, and discarded records without rendering private customer information unreadable.

“Today’s settlement marks a victory for both environmental and consumer protection throughout California,” states DA O’Malley.

“My Office works tirelessly to investigate and prosecute companies large and small that endanger our precious resources by illegally disposing of hazardous waste. We also strive to ensure that consumers’ privacy and security is maintained and protected. I thank Attorney General Becerra and my fellow District Attorneys for their partnership on these important matters.”

The judgment is the culmination of a civil enforcement action filed on February 15th in Alameda County and led by the Alameda County District Attorney’s Office, the California Attorney General’s Office, the District Attorneys of Monterey, Riverside, San Diego, San Joaquin, Santa Clara, Ventura and Yolo, and the City Attorney of Los Angeles, with assistance by the Department of Toxic Substances Control.

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People v Eljarod Lawson Mar 6, 2018

On February 27, 2018, a jury Defendant Eljarod Lawson was convicted of forced oral copulation, forcible rape and sodomy.

On September 18, 2007, 21-year-old Jane Doe was walking down 21st Ave near Marin Way in Oakland when Defendant Lawson began following her in his car. He came up behind Jane Doe, grabbed her by the neck and hair, punched her in the face, and then forced her into his car.

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DA O’Malley Announces Outcome in Environmental Protection Lawsuit Against AutoNation Feb 26, 2018

A judge in San Jose has ordered more than $2 million in civil penalties to be paid by the operators of 57 dealerships and collision centers in California belonging to AutoNation, the country’s largest retailer of new automobiles.

The fines are part of a $3.38 million settlement of a lawsuit filed in Santa Clara County Superior Court by Alameda County District Attorney Nancy E. O’Malley and seven other California District Attorneys. The defendants, who operate as subsidiaries of AutoNation, were accused by the prosecutors of illegally disposing of hazardous waste and of violating laws related to the storage of hazardous materials and the disposal of customer records.

“Today’s settlement demonstrates my office’s continued commitment to making the environment cleaner and safer for the citizens of Alameda County and California by preventing hazardous automotive waste from contaminating our natural resources,” said District Attorney Nancy E. O’Malley.

“We are proud to work with other district attorney offices and environmental regulators statewide to enforce California’s environmental laws.”

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Forum on Sexual Harassment Feb 26, 2018

A Community Forum to Focus on Issues Surrounding Sexual Assault and Harassment

Albany Mayor Peggy McQuaid welcomes Alameda County District Attorney Nancy O'Malley to speak with the community on the topic of Sexual Assault and Sexual Harassment. We invite community members and students to participate in the important forum.

Date:
Wednesday, March 7

Time:
7:00 pm - 8:00 pm

Venue:
Albany Community Center
1249 Marin Avenue, Albany 94706

For more information, please contact the Mayor, pmcquaid@albanyca.org

Download the flyer.

DA O’Malley’s Ongoing Efforts & Policy Regarding Dismissal of Cannabis-Related Criminal Convictions Feb 20, 2018

On November 8, 2016, California voters passed Proposition 64, the Medicinal and Adult-Use Cannabis Regulation and Safety Act. The Act legalizes adult use Cannabis as well and establishes regulations that will control and oversee the industry. The Act further establishes protocols for redesignating, dismissing and sealing old convictions for Health & Safety Code Sections 11357, 11358, 11359 and 11360. The Alameda County District Attorney’s Office immediately established a policy, protocol, and a process to redesignate and dismiss prior cannabis-related convictions.

Since that time, the DA’s Office has consistently handled a steady flow of petitions to dismiss cannabis related felony and misdemeanor convictions for Health & Safety Code Sections 11357, 11359 and 11360. This effort began with the implementation of California’s new cannabis laws, and DA staff have been handling these petitions on a weekly basis.

“California is offering a second chance to people convicted of cannabis crimes, from felonies to small infractions, with the opportunity to have their criminal records cleared,” says DA O’Malley.

“We join our State officials and intend to reverse decades of cannabis convictions that can be a barrier for people to gain meaningful employment.”

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DA O’Malley Calls for Artists to Collaborate in Project Creating Art out of Dismantled Firearms Feb 15, 2018

Alameda County District Attorney Nancy E. O’Malley, in partnership with The Robby Poblete Foundation, is proud to announce a groundbreaking new project entitled 'The Art of Peace - Alameda County'. This collaborative effort will engage local artists to create three dimensional art pieces out of the remains of dismantled firearms.

“Gun violence continues to plague our communities. This project brings renewed awareness and attention to our ongoing efforts to end this crisis,” says DA O’Malley.

“Over the past 30 years, the DA’s Office has amassed over one thousand firearms that were collected as evidence in criminal prosecutions. The time has come to turn these objects of violence into beacons of light.”

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DA O’Malley Unveils New Anti-Trafficking Billboards Feb 8, 2018

Oakland, CA - Alameda County District Attorney Nancy E. O’Malley introduced the new public anti-trafficking awareness campaign, entitled ‘Human Trafficking: it’s real and it’s here’, designed to encourage the public to recognize that human trafficking – both sex trafficking and labor trafficking – is a significant issue in communities throughout Alameda County and the Bay Area.

This is the fourth year the DA’s Office has developed an anti-trafficking awareness campaign as part of the office’s commitment to raise awareness of sexual and labor exploitation in Alameda County, the Bay Area, and beyond.

“This campaign challenges us all to open our eyes to the fact that human trafficking—both labor trafficking and sex trafficking—happens here, in our own backyard,” says DA O’Malley.

“This knowledge is crucial to fighting and putting an end to modern day slavery.”

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People v James Evans Lightner Feb 6, 2018

Recently, a jury found Defendant James Evans Lightner guilty of three counts of forcible rape and two counts of forcible oral copulation.

Defendant Lightner and the victim, Jane Doe, knew each other for approximately 30 years and had a son together. On June 6, 2017, Defendant Lightner came over to Jane Doe’s apartment in Hayward after an evening out. She went to the kitchen to prepare him some food, and Defendant Lightner came up behind her and began sexually assaulting her. She pushed him away and told him to stop, and Defendant Lightner didn’t like being rejected and became angered.

While they were on the couch watching television, Defendant Lightner sexually assaulted Jane Doe again. She told him no numerous times and pushed him away. Defendant Lightner became angry and slapped her across the face. She tried other diversions, but he continued to beat and and rape her. The event lasted three hours until Defendant Lightner passed out and the victim was able to hide in the bathroom and call for help.

On January 9, 2018, Defendant James Evans Lightner was sentenced to 36 years in state prison and will be a registered sex offender for life.

The case was prosecuted by Snr DDA Angela Backers with assistance from DA Inspector James Rullamas and Victim-Witness Advocate Jenifer Mello.

Scam Alert: Unsolicited Contacts By Scammers Offering Computer Protection Feb 1, 2018

The Alameda County District Attorney’s Office is urging local residents to be aware of a computer-based scam in which consumers are contacted by people posing as technicians from established computer or software companies.

The scammers, who pretend to work on behalf of well-known companies such as Microsoft or Apple, either send pop-up messages or directly contact consumers claiming that the consumer has malware or a virus on his or her computer that requires immediate attention. When the consumer provides the scammer with a password or gives remote access to his or her computer, the scammers will either 'diagnose' a fictional problem or create an actual one. They will then demand large amounts of money – usually via wire transfer or other direct cash payment -- to 'correct' it. Consumers have reported that some scammers contact them numerous times claiming that their software requires further updates.

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DA’s Office Partners with Asm Quirk to Help the Environment and Victims of DV Jan 31, 2018

The Alameda County District Attorney's Office, under the leadership of District Attorney Nancy O'Malley, has partnered with Assemblymember Bill Quirk (D-Hayward) to introduce two important bills into the legislature:

AB 1973: clarifies that emergency medical service workers are mandated reporters.
AB 1980: extends the statute of limitations for the prosecution of violations of the Aboveground Petroleum Storage Act.

The two bills were authored by Asm Quirk and sponsored by the Alameda County DA's Office.

"AB 1973 makes clear that emergency medical service workers are mandated reporters for domestic violence. This clarification will enable and empower these first responders make a report, a proactive step vital to preventing further abuse and escalating violence. I believe this bill will save lives," said DA O'Malley.

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DA O’Malley Recieves Modern-Day Abolitionist Award Jan 11, 2018

Alameda County DA Nancy O’Malley today received the Modern-Day Abolitionist Award for Leadership from the San Francisco Collaborative Against Human Trafficking (SFCAHT). She was presented with the plaque by Benita Hopkins, chair of SFCAHT and program Director at Generations United, at an awards ceremony at San Francisco City Hall.

“I wish to thank the San Francisco Collaborative Against Human Trafficking for this tremendous honor. The organization does a phenomenal job uniting people from all over the Bay Area to fight human trafficking in our communities, and it was so heartening today to see so many people in the room who are all focused on this issue,” DA Nancy O’Malley said.

L-R: SFCAHT Coordinator Antonia Lavine, DA Nancy O'Malley, and SFCAHT Chair Benita Hopkins.

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Statement from DA O’Malley on Charges Filed Against Mohammed Abraar Ali Jan 2, 2018

“This morning, my office filed a criminal complaint against Mohammed Abraar Ali alleging a violation of penal code section 187, murder, with a special allegation of great bodily injury. The complaint also alleged additional felony charges with special allegations including driving under the influence, driving and causing injury with a blood alcohol content over 0.08%, driving under the influence of drugs and alcohol causing injury, and an infraction for speeding greater than 100 miles per hour," said Alameda County District Attorney Nancy E. O'Malley.

“We extend our very deep sympathies to the family of Officer Camilleri, to his friends, and his CHP family. We also hope for a speedy and full recovery of Officer Velazquez.

"As with all victims of crime, and those who have lost a family member because of crime, the Victim-Witness Division of my office will provide services to the family of Officer Camilleri as well as Officer Vasquez, and we will provide support, resources, and assistance as they need, and as we can.

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