February 2018

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.

Wednesday, March 7

7:00 pm - 8:00 pm

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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