Did You Know ...
From the Office of the Alameda County District Attorney
Nancy E. O'Malley, District Attorney
May, 2010

In This Issue
Video for Victims of Crime
National Victims' Rights Week
Nancy O'Malley Addresses Family Justice Conference
Bring Your Child to Work
Court Closures in 2010
Consumer Alert
From the Courtroom
Q & A
Quick Links
Point of View
Criminal Docket Finder
Inmate Locator

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If You Have Been the Victim of a Crime, You Have the Right to Know Your Rights!
victims' rights videoTo learn more about your rights, you may view a short video created for you by the Alameda County District Attorney's Office. 

A more detailed written explanation about victims' rights is available on the District Attorney's Website.
National Victims' Rights Week
victims' rights weekApril 18-24, 2010 was National Crime Victims' Rights Week.  To acknowledge this special week, District  Attorney  Nancy E. O'Malley asked the community to join her office in paying tribute to victims of crime and to recognize the devastating impact of violence on individuals, communities and our nation as a whole.  The Alameda County District Attorney's Office Victim-Witness Assistance Division, in partnership with the Alameda County Family Justice Center, Family Paths, B.A.W.A.R., Lao Community Development Agency, and Building Futures with Women and Children hosted two victims' outreach events, one in Oakland and the other in Hayward to help crime victims by providing information, resource material and assistance in filling out victim of crime applications.
 What's New
District Attorney Nancy O'Malley Addresses Family Justice Conference
On April 27, 2010, the 10th Annual International Family Justice Center Conference convened in San Antonio, Texas.  DA O'Malley addressed conference attendees on the topic of sexual assault response teams.  She also spoke about promising practices for Family Justice Centers.  The three-day conference included training on issues related to the handling of domestic violence, child abuse, sexual assault and elder abuse cases in the context of the Family Justice Center model.  Alameda County's Family Justice Center is widely regarded as a national model and was recently identified by Blue Shield as the Bay Area Regional Training Center for other counties seeking to open similar Family Justice Centers.

Learning About the Law

child to workApril 22, 2010 was "Bring Your Child to Work Day" and the District Attorney's Office was honored to host 22 young people between the ages of 9 and 14, the children of Deputy DA's, Inspectors and Support Staff.   The group visited the Alameda County Board of Supervisors, the Family Justice Center, the video unit and the Victim/Witness Division. 

The children had a great time watching an enactment of a residential burglary investigation, with real police arresting a "suspect" and taking a statement from the "victim."  Later in the afternoon, the group gathered in Judge Carrie Panetta's courtroom to watch the accused phillipsburglar's criminal trial and 12 of the kids served as jurors.  After the prosecution and defense both presented their witnesses, evidence and arguments, the esteemed jury voted to acquit the defendant!

Court Closure Days 2010
The Alameda County Superior Court will be closed the third Wednesday of each month.  The closures, which will be treated as holidays for judicial business purposes, are a result of funding reductions.  Court closures will take place in every county throughout the state. 
The following dates are planned court closures:

May 19, 2010
June 16, 2010
No court business will be conducted on these dates.  This includes both jury service and traffic court.   The Superior Courts' web site has additional information regarding the closures:
 Consumer Alert
Alameda County District Attorney spearheads undercover investigation into rampant scrap metal theft.

Consumers may ultimately pay higher prices for electricity, food products and homes when the businesses involved in those industries suffer huge financial losses due to scrap metal theft.

In response to an epidemic of metal theft in Northern California plaguing farms, construction sites and industrial yards, the Consumer and Environmental Protection Division of the Alameda County District Attorney's Office initiated a covert investigation of the local recycling industry. Law enforcement sources indicated that some of the stolen material made its way to local metal recyclers by way of "walk in" customers posing as legitimate sellers of scrap material. The investigation of local metal recyclers focused on whether the companies were in compliance with certain regulatory provisions relating to the recycling of scrap metals and alloys. State law requires that scrap metal dealers exercise a high level of diligence when accepting certain types of material for recycling. Additionally, scrap dealers are required to keep detailed records of each transaction and make them available for law enforcement inspection for two years subsequent to the date of purchase.  The District Attorney's investigation concluded with the filling of three civil judgments against local recyclers that mandated the paying of significant penalties, reimbursement of investigatory costs and fundamental changes in the way the companies do business.

Read more (pdf) ...

 From the Courtroom

April 2010 - Felony Verdicts

  • On April 26, 2010 Reggie Peters was convicted following a court trial of involuntary manslaughter, a felony, with the use of a gun as well as of the felony of being a felon in possession of a firearm. On December 30, 2007, at 6:30 in the evening Peters fired two shots through the wall of his apartment. The bullets went through the wall and one struck his neighbor, 50 year-old Bobby Jones, in the heart and killed him. Peters will be sentenced on June 18, 2010. He faces up to 14 years, 8 months in State Prison. The Prosecutor was DDA Patrick Moriarty.

  • Jon Cary Etingoff was found guilty of three felony counts of child molest after a court trial before Judge Julie Conger. There were three victims on behalf of whom charges could be brought. There were another five victims that were molested as well but any charges on their behalf are barred by the statute of limitations. Four of the uncharged victims testified regarding their molestations by the defendant in support of the charged victims. The evidence showed a repeated pattern of sexual molests perpetrated on boys and teens from 1975 to 2005. Etingoff has been, over the years, a karate instructor, a volunteer coach for Pop-Warner football and a volunteer wrestling coach at Albany High School. Due to the guilty verdicts on multiple victims, the minimum sentence is 15 years to life.
    He will be sentenced on May 24, 2010.
    The Prosecutor was DDA Susan Torrence

  • On April 7, 2010, a jury found Richard Lewis guilty of kidnapping for the purpose of extortion, carjacking and torture. The offenses occurred on May 17, 2007 when Lewis and four co-participants pulled over the victim and her mother using a security car resembling an unmarked police vehicle. The car was equipped with emergency lights and a siren. After being pulled over, the victim and her mother were forcibly taken from their car, the victim was handcuffed, a bag was placed over her head and the two women were driven to an abandoned house in East Oakland. Inside the house, the victim was repeatedly beaten and threatened in an effort to obtain from her money, or access to the money of a suspected drug dealer. Lewis and his associates fled the abandoned house when an Oakland Police Officer pulled up in front of the house. The officer heard the sound of breaking glass and the victim's screams, approached the house and rescued the victim. The Defendant is facing a sentence of life in prison, without the possibility of parole. Sentencing is set for June 4, 2010.
    The Prosecutor was DDA Chris Lamiero.

  • On April 7, 2010 a jury convicted defendant Gerardo Merino of felony auto theft and carjacking. On January 13, 2007, the victim started his car and left it running while he went into his adjacent van in a residential neighborhood of Hayward. Returning to the car, he spotted defendant in it, beginning to drive off. The victim got in between the car door and the defendant and tried to pull him out of the car. The defendant backed the car away, hitting victim with the door and running over victim's right foot. Defendant then crashed the car across the street. He then got out of the car and attacked the victim who was able to subdue the defendant until police arrived.

  • Defendants Jorge Rodriguez and Shawndra Star Boode were convicted by a jury on April 1, 2010, of two counts of first degree murder. Rodriguez and Boode shot and killed Cathleen Brooks and her husband David Brooks in their home in Hayward, CA on January 17, 2004, during a robbery. Sentencing is scheduled for May 21, 2010. The Prosecutor was DDA William Boselli.

Misdemeanor Verdicts

  • On April 7, 2010 a jury found Wilio Gomez Hernandez guilty of inflicting injury upon his live-in girlfriend (domestic violence), a violation of Penal Code section 273.5. The crime took place in Oakland on February 7, 2010 when the defendant punched and kicked the victim in her face, causing injury to her nose. The Prosecutor was DDA Luis Marin.
 Q & A
"I am a victim of crime and I've heard that I have new rights. Is this true and where can I find out more information about these rights?"
You are correct.  On 11/4/08, the citizens of California voted to provide victims of crimes with certain constitutional rights referred to as the "Victims' Bill of Rights Act of 2008: Marsy's Law". You may read more about these rights and other services in the Victim & Witness Services section of the Alameda County District Attorney's website.
Do you have a question for the District Attorney's Office?
The District Attorney's Office receives many calls and e-mails from the public asking a wide variety of questions.  Each month, we will print one of these questions along with the answer.  We hope that many readers will find the information useful.

Please feel free to e-mail a question of your own that you would like to see answered here.

 Until Next Issue...
We hope you found this newsletter informative.  Please visit our web site at for updated news items as well as more detailed information regarding the District Attorney's Office. 
Nancy E. O'Malley
Alameda County District Attorney