December 2020

Walgreens Ordered to Pay $3.5 Million for Improper Disposal of Hazardous Waste at California Stores Dec 22, 2020

Oakland, CA - Alameda County District Attorney Nancy E. O’Malley announced that a $3.5 million stipulated judgment against Walgreen Co. (“Walgreens”) has been approved by the Alameda County Superior Court which settles allegations that Walgreens unlawfully disposed of hazardous waste in violation of state laws and injunctive terms from a 2012 stipulated judgment.

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Police identify suspect and DA files charges in cold case that has haunted the Bay Area for over 30 years

Oakland, CA- Alameda County District Attorney Nancy E. O’Malley has filed a criminal complaint against David Misch. The complaint charges Misch with the murder and kidnapping of Michaela Garecht on November 19, 1988, in the city of Hayward. In addition to the charge of Murder, a violation of Penal Code Section 187, the District Attorney also alleges Special Circumstances in that Michaela was murdered in the course of a kidnapping, a violation of Penal Code Section 190.2(a)(17)(ii), and the Special Circumstance of being convicted previously of murder, a violation of Penal Code Section 190.2(a)(2).

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Alameda County DA Nancy O’Malley Sponsors Legislation Protecting Victims of Revenge Porn Dec 8, 2020

Alameda County District Attorney Nancy O’Malley announced the introduction of sponsored legislation to give victims of revenge porn more time to report these incidents. Senate Bill 23 is authored by Senator Susan Rubio (D- Baldwin Park) and co-sponsored by the California District Attorneys Association.

Senate Bill 23 changes the statute of limitations for the intentional distribution of an intimate image (Penal Code 647) from one year from the time of distribution to one year from the time that the victim discovers that the image has been distributed. Often, victims are not aware that the image has been distributed online until the existing statute of limitations has lapsed, preventing them from seeking criminal charges.

“Image-based sexual abuse is an invasive and increasingly common crime, which involves nonconsensual posting of private or intimate photos or videos,” states DA O’Malley. “These images are posted to social media sites to shame, embarrass, harass, and intimidate the victim. We must ensure that California law can protect victims of this horrible crime. I want to thank Senator Rubio for authoring this important piece of legislation.”

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Ross Stores, Inc. to Pay $3.335 Million Settlement for Environmental Violations Dec 1, 2020

Oakland, CA - Alameda County District Attorney Nancy E. O’Malley, along with 38 other California District Attorneys and two City Attorneys, announced that Monterey County Superior Court has ordered Delaware-based retailer Ross Stores, Inc. (Ross) to pay $3.335 million as part of a settlement of a civil environmental prosecution.

“It is vital that any company doing business in California abide by our environmental protection laws. My office remains dedicated to prosecuting violations of these laws in our ongoing effort to safeguard our natural resources from irreparable harm due to improper disposal of hazardous waste,” states DA O’Malley.

The judgment is the culmination of a civil enforcement action filed on November 20, 2020 in Monterey County and led by the District Attorneys of Alameda, Monterey, San Joaquin, Yolo and Riverside counties, claiming that more than 441 Ross and dd’s Discount Stores throughout the state unlawfully handled and disposed of various hazardous wastes and materials over a seven year period. Those hazardous wastes and materials included electronic waste, cosmetics, batteries, mercury lamps, personal care products, aerosol spray cans and other toxic and ignitable materials.

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