Press Releases

DA O’Malley Sponsors Legislation to Allow Survivors of Sexual Assault to Track Evidence Kits Jan 13, 2021

Oakland, CA- DA O’Malley today announced introduction of sponsored legislation requiring the creation of an online portal that would allow survivors to receive updates on the status of their sexual assault evidence kits. The portal, which would be added to an existing tracking system used by law enforcement, would allow victims to track the kit anonymously to learn about its location and whether the kit has been tested. SB 215 is authored by Senator Leyva (D-Chino), who has partnered with DA O’Malley in the past on several pieces of legislation advocating for the rights of sexual assault survivors.

“Sexual assault survivors should have the right to know whether their evidence kits have been tested,” said DA O’Malley. “After bravely undergoing an exam after an assault, this bill will provide survivors with the ability to track the kit to ensure that law enforcement is doing their statutory duty to analyze the evidence in a timely manner. I want to thank Senator Leyva for authoring this important legislation as well as co-sponsors the Joyful Heart Foundation and Natasha’s Justice Project for continuing to prioritize the rights of sexual assault survivors.”

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DA Concludes Investigation & Legal Analysis of the Involvement of A. Pirone in Death of Oscar Grant Jan 11, 2021

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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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DA CHARGES DAVID MISCH WITH SPECIAL CIRCUMSTANCES MURDER Dec 21, 2020

DA CHARGES DAVID MISCH WITH SPECIAL CIRCUMSTANCES MURDER IN THE 1988 DISAPPEARANCE AND KILLING OF NINE-YEAR-OLD MICHAELA GARECHT

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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Suspect in Cold Hit Sexual Assault Prosecution Takes Own Life Nov 20, 2020

Gregory Vien’s Preliminary Hearing halted when defendant hospitalized after suicide attempt. Suspect succumbs to self-inflicted injuries.

Oakland, CA - Alameda County District Attorney Nancy E. O’Malley announces that the cold case against Defendant Gregory Paul Vien has been halted. The case involved the sexual assault of two women from 1997. Both crimes were solved in 2019 through DNA. The defendant was charged with multiple felony sexual assault charges on November 4, 2019. He was arrested November 5, 2019 and held in Santa Rita Jail. In April, 2020 he was released by the Court due to COVID-19 concerns, over the objection of the District Attorney’s Office.

The Preliminary Hearing began November 12, 2020 in the Rene C. Davidson Courthouse. Both victim-survivors testified in open court with the defendant and his attorney present. The defendant was out of custody. After the victim-survivors’ testimony, the defendant shot himself several times with a nail gun, sustaining significant injuries. On November 19, 2020, Vien died from his self-inflicted injuries.

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$113 Million Multistate Settlement Against Apple Nov 18, 2020

District Attorney O’Malley Announces $113 Million Multistate Settlement Against Apple for Misrepresenting iPhone Batteries and Performance Throttling

The settlement provides California with $24.6 million and requires Apple to be more transparent in its iPhone software updates

Oakland, CA– Alameda County DA Nancy O’Malley, along with California Attorney General Xavier Becerra and the District Attorneys for Los Angeles, Santa Clara, San Diego and Santa Cruz Counties, announced a $113 million settlement against Apple. The settlement, which was jointly negotiated with 32 other states and Washington DC, resolves allegations that the company misled consumers about certain iPhone updates that resulted in slower processing performance, sometimes called “throttling.”

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Bed, Bath & Beyond to pay $1.49 million in Settlement of Environmental Violations Oct 28, 2020

Oakland, California – District Attorney Nancy E. O’Malley, along with 30 other California District Attorneys and the Los Angeles City Attorney, announced today a $1.49 million settlement against New Jersey-based Bed Bath & Beyond, Inc. (“Bed Bath & Beyond”) to resolve allegations that the company violated state laws governing hazardous waste.

The judgment is the culmination of a civil enforcement lawsuit filed last month in Ventura County Superior Court claiming that more than 200 Bed Bath & Beyond stores throughout the state (including Cost Plus, buybuy BABY, Harmon, Harmon Face Values, World Market, and Cost Plus World Market stores) unlawfully handled, transported and disposed of batteries, electronic devices, ignitable liquids, aerosol products, cleaning agents, and other flammable, reactive, toxic, and corrosive materials, at local landfills that were not permitted to receive those wastes.

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District Attorney Settles Price Gouging Case Against Safeway, Inc. Oct 21, 2020

Investigation found that Safeway, Inc. sold hand sanitizer at prices that
violated Governor’s Order

Continuing her efforts to protect consumers during the pandemic, Alameda County District Attorney Nancy O’Malley announced that her office, together with the Contra Costa County District Attorney, settled a price gouging case against Safeway, Inc. The investigation was prompted by a concerned citizen, who complained about the prices being charged by Safeway for two brands of hand sanitizer, Raff Distillerie Hand Sanitizer and Ocean Fresh Pump Gel Hand Sanitizer. The district attorneys’ investigation revealed that Safeway first began selling the products after the onset of the pandemic and had marked up both items more than 50% over its wholesale cost. This practice is prohibited by an April 2020 emergency order issued by Governor Newsom related to price gouging during the COVID-19 crisis.

Safeway cooperated fully in the investigation and took immediate steps to correct the pricing discrepancy when called to its attention.

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