September 2020

Governor signs AB 1927,legislation sponsored by DA Nancy O’Malley Sep 29, 2020

Today, Governor Newsom signed legislation cosponsored by the Alameda County District Attorney’s Office to provide immunity for victims and witnesses of sexual assault from criminal prosecution for the illegal use of alcohol or drugs occurring at the time of the alleged assault. This bill, co-sponsored with the San Diego District Attorney’s office and authored by Assemblymember Tasha Boerner Horvath (D-Encinitas), removes a barrier that might otherwise prevent or discourage victims of sexual assault from seeking justice.

“As District Attorney, I have made it my mission to empower survivors of sexual assault, and today the Governor has taken another step towards that goal,” said Alameda County District Attorney O’Malley. “We know that sexual assault cases are complicated and, in some instances, are intertwined with of drugs and/or alcohol. Survivors will now feel comfortable coming forward, knowing that they will not be charged with these low-level crimes. I want to thank Assemblymember Horvath for authoring and the Governor for signing this important legislation.”

AB 1927 follows in the footsteps of rules adopted by colleges nationwide to protect victims of sexual assault from separate disciplinary action related to drugs or alcohol at the time of the assault. This bill will prevent victims from undergoing the unnecessary trauma of testifying in order to be granted immunity, and hopefully encourage victims to come forward.
“The signing of AB 1927 sends a strong message to the thousands of victims of sexual assault who remained silent – we hear you, we understand your fears, and your stories are valid,” said Assemblymember Boerner Horvath. “For too long, our judicial system has placed unnecessary burdens on victims seeking justice.”

The bill enjoyed bipartisan support in both houses and did not receive any “no” votes throughout the legislative cycle.

DA O’Malley asks Governor to Veto Bill that Threatens Public Safety and Victims’ Rights Sep 16, 2020

California Assembly Bill 3234 is a threat to public safety and victim’s rights. It has been rushed through the legislative process without allowing for public comment or careful consideration.

This bill allows for diversion in most misdemeanor criminal prosecutions, even over the objection of the prosecutor and/or the victim in the case. This means that a judge could effectively halt the prosecution of misdemeanor crimes, including extremely serious offenses that pose danger to the community and to victims. This includes crimes that directly affect the safety and well-being of our communities: Driving Under the Influence (DUI)– Misdemeanor DUI w/ injury; Vehicular Manslaughter w/alcohol but without gross negligence; Crimes of Violence – Elder Abuse; Child Abuse; Assault by Means of Force Likely to Cause Great Bodily Injury; Misdemeanor Hate Crimes; Firearms Offenses – Carrying a Concealed Firearm; Carrying a Loaded Firearm in Public; Bringing a Deadly Weapon to a Courthouse, or State or Local Public Building; Possession of a Firearm in a School Zone and Dissuading a Witness or Crime Victim from reporting a crime or testifying and Criminal Threats.

“The District Attorney’s Office has long supported diversion and other alternatives to prosecution under appropriate circumstances. We continue to agree with the court and the defense in allowing diversion when it is reasonable given the facts of the case and in consideration of the rights of the victim,” states DA O’Malley. “This bill, however, goes too far in diverting very serious criminal conduct out of the justice system over the objection of the prosecutor and without the agreement of the victim.”

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$1.43 Million Settlement Announced to Address Illegal Dumping of Hazardous Waste Sep 14, 2020

Oakland, Ca - Alameda County District Attorney Nancy E. O’Malley announced today that Alameda County Superior Court Judge Tara M. Desautels has ordered Kelly-Moore Paint Company (Kelly-Moore) to pay $1.43 million as part of a settlement of a civil enforcement prosecution. The judgment resolves allegations that the company violated state laws governing hazardous waste by routinely and illegally disposing of paint colorants, paint, electronic devices, aerosol products, and other hazardous wastes into company waste bins destined for municipal landfills not authorized to accept hazardous waste. The lawsuit also resolves allegations that Kelly-Moore failed to shred customer records containing confidential information before disposal.

“A top priority of my office is the protection of our environment,” states DA O’Malley. “By improperly disposing of hazardous wastes, Kelly-Moore violated California laws designed to safeguard the state’s natural resources. We will continue to investigate and prosecute instances of illegal disposal of hazardous waste in our ongoing effort to preserve and protect the soil, waterways and air that are vital to our health and well-being.”

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DA O’Malley Announces Filing of Voluntary Manslaughter Charges Against San Leandro Officer Sep 2, 2020

Oakland, CA- Alameda County District Attorney Nancy E. O’Malley has announced that her office has file a criminal complaint charging San Leandro Police Officer Jason Fletcher with Penal Code Section 192(a), Voluntary Manslaughter, a felony. The charges are based on the Officer’s use of force resulting in the death of Steven Taylor on April 18, 2020 in the San Leandro Walmart Store.

“The decision to file the criminal complaint was made after an intensive investigation and thorough analysis of the evidence and the current law,” states DA O’Malley. “The work of Police Officers is critical to the health, safety and well-being of our communities. Their job is one of the most demanding in our society, especially in these current challenging times. They are sworn to uphold and enforce the laws.

When there is use of force by a police officer that results in death, the District Attorney's Office conducts an independent and thorough investigation of the facts. We are mandated to apply those facts to California law. The decision must be made based solely on the facts and the current law. Justice demands this process to be done in an unbiased and legally sound manner.”

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