October 2018

The Importance of Sexual Assault Kit Testing Oct 23, 2018

Listen to podcast of DA O’Malley in conversation with California State Senator Connie Leyva discussing the importance of testing sexual assault kits.

Tindle OIS Report Oct 23, 2018

District Attorney Releases Final Report on the Fatal Shooting of Sahleem Tindle

Download PDF of complete report.

Drug Take Back Day Oct 22, 2018


Oakland, CA -

Saturday, October 27, 2018, is National Drug Take Back Day and the Alameda County District Attorney’s Office will have four drop-off sites open for free, confidential and safe disposal.

National Drug Take Back Day provides a convenient and safe way to rid your home of expired,
unused, and unwanted prescription and over-the-counter drugs. All collection sites also accept
unused pet medication.

Safe disposal of over-the-counter and prescription medication is essential to prevent the misuse
of these substances, and to end the harmful environmental impacts of disposing of them in
landfill or through the water system.

"Prescription drug abuse is a significant issue facing our communities. A major step in prevention is to empty medicine cabinets of old, unused, and expired medication,” said District Attorney Nancy E. O’Malley.

“Proper disposal of medications serves a vital public safety and public health function and helps to prevent environmental contamination.”

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DA O’Malley’s Statement on Former Inspector Oct 12, 2018

“The Alameda County District Attorney’s Office proudly comes from a long and rich tradition of ethical values and an unwavering commitment to justice. Our record of high quality performance in the administration of criminal justice has made us a leader in law enforcement, not just in California, but across this nation. This strong reputation is rooted in a lineage of fair, ethical, and consistent leadership dating back to the 1920s,” states District Attorney O’Malley.

“The Alameda County District Attorney’s Office seeks justice within the bounds of the law, in every case. We serve the public interest and act with integrity and honesty. When a public official - especially one entrusted with upholding the law as Harry Hu was - breaks that trust, it strikes a hard blow against the hard working and ethical professionals of the District Attorney’s Office. No one is above the law. When a law enforcement officer or public official commits criminal acts, he will be prosecuted fully under the law," she said.

"On October 11, we were informed by the US Attorney’s Office that Harry Hu has been prosecuted and convicted of the crime that is articulated in 18 USC 371, Conspiracy to Commit Honest Services Fraud and Bribery. Former Inspector Harry Hu has brought shame on himself, on the Alameda County District Attorney’s Office and the Oakland Police Department, as well as on the justice system. He has violated the trust of the people of Alameda County and of those of us who work every day to ensure public safety, who protect and serve victims of crime, and who hold those who commit crimes accountable," said DA O'Malley.

DA O’Malley Announces Felony Charges Filed Against Sheriff’s Sergeant Oct 3, 2018

Oakland, CA - Alameda County District Attorney Nancy O’Malley today announced that her Office has filed four felony charges against Alameda County Sheriff Sergeant James Russell based upon the illegal and secret recordings of four in-custody juvenile suspects in an interview room at the Eden Township Sheriff’s substation on March 15, 2018. Filed are four counts of a violation of Penal Code Section 632(a), eavesdropping on or recording of confidential communications.

Upholding the Constitution is the highest priority of this office, including protecting the attorney/client privilege. The District Attorney’s Office conducted a thorough investigation into this matter, and has concluded that the evidence supports the filing of these felony charges against Sergeant Russell. No individual is above the law, and when a law enforcement officer commits a crime, he or she must face the consequences, just as any member of the community must.

“Every one of us working in the justice system must be held to the highest of standards when it comes to protecting an individual’s constitutional rights, including the sacrosanct right to privileged communication between a client and his or her attorney,” says DA O’Malley.

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DA-Sponsored Sexual Assault Bill Signed by Governor Oct 1, 2018

In a victory for survivors of sexual assault crimes, 
Governor Brown signs DA-sponsored bill mandating the statewide counting of backlogged sexual assault kits

In the final day of the legislative session, Governor Brown signed into law Assembly Bill 3118, sponsored by Alameda County DA Nancy O’Malley, and co-sponsored with Joyful Heart Foundation and Natasha’s Justice Project, that will once and for all provide an accurate and full accounting of all backlogged sexual assault kits throughout California. This law puts the state a step closer to ending the decades-old backlog of sexual assault kits.

AB 3118, authored by Assemblymember David Chiu (D-San Francisco), requires a statewide audit of police agencies, hospitals, crime labs, and any other facility that handles or stores sexual assault kits to get a definitive count of the backlog in California and submit that count to the California Department of Justice by July 1, 2019.

“For years, I have been fighting to assure an accurate accounting of backlogged sexual assault kits and to eliminate the backlog of these kits. Ultimately, it is vital that California never again sees any backlog in the testing this vital forensic evidence,” says DA O’Malley.

“I am very grateful to Assemblymember Chiu for carrying this important piece of legislation and to the Governor for signing it into law. This bill will make a significant impact in the lives of sexual assault survivors."

“The rape kit backlog is an embarrassment,” said Assemblymember David Chiu.

“I am happy Governor Brown saw the dire need to understand the extent of the rape kit backlog in California so we can address the issue. Given the current national conversation around sexual assault, it is more important now than ever that survivors of sexual assault know that California is working to get them the justice they deserve.”

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