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

In This Issue
National Black Prosecutor's Conference
Officer Appreciation Reception for Oakland PD
Victims' Rights Video in Four Languages
Consumer Alert
Verdict Reached in People v. Johannes Mehserle
From the Courtroom
Quick Links
Point of View
Criminal Docket Finder
Inmate Locator

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National Black Prosecutor's Conference
During the week of July 12, 2010, the Alameda County District Attorney's Office and the San Francisco District Attorney's Office hosted the 27th annual National Black Prosecutor's Conference.  The theme of this year's conference, Beyond Tough On Crime: Bold Innovations for Communities, represented both a challenge and an opportunity for all the participants as they gathered to discuss issues of public safety and innovations in areas of prosecution and intervention.  The conference also celebrated African American Prosecutors who have served as leaders in their field and have inspired a new generation of attorneys. 

nbpa1
NBPC Evening Reception at Z Café and Bar in Oakland

202 Prosecutors from around the Nation attended the conference, including a group of 12 from the Manhattan District Attorney's Office, eight from Cook County of Chicago, 10 from the Los Angeles County DA's Office, eight  from Minneapolis, MN, the host of  next year's conference.  Also in attendance were Prosecutors from  New Jersey, Philadelphia, the Bronx DA, Brooklyn DA, and a large number of AUSA's from Washington D.C., Florida, several southern states.

nbpa2District Attorney O'Malley honored the memory of one of the NBPA Founders, Alameda County Deputy District Attorney Patricia Ector, who passed away several years ago.  Pat loved the NBPA and the progress the Association made in advancing the interests and career commitments of African American Prosecutors.

At the end of the conference, Alameda County Senior Deputy District Attorney Terry Wiley was named the California Representative for the National Black Prosecutors Association.
 What's New
Officer Appreciation Reception for Oakland PD
nancy & chief 2On July 28, District Attorney Nancy O'Malley attended an Oakland event to honor and thank Oakland's Police Officers.  The Officer Appreciation Reception was held at the Rotunda Building in downtown Oakland and was attended by community and business leaders as well as police officers.  Pictured in the photo with Ms. O'Malley is the Oakland Chief of Police, Anthony Batts and looking on is President of the Alameda County Bar Association, Greg Brown.

Victims' Rights Video is Now Available in Four Languages

If You Have Been the Victim of a Crime, You Have the Right to Know Your Rights!

psaView a video about your rights as a victim of crime in the following languages:

English
Cantonese
Spanish
Tagalog

 Consumer Alert
Criminal Charges Filed for Practicing Dentistry Without a License
On June 9, 2010 the Alameda County District Attorneys Office charged Defendant Mario Pacheco with four felony counts and two misdemeanor counts of practicing dentistry without a license, creating a risk of harm, inflicting great bodily injury, and unlawfully administering an anesthetic to assist in the commission of a felony.  Mr. Pacheco has a further plea date of August XXX 2010 in Department 112 of the Wiley Manuel Courthouse in Oakland, California at 2:00 p.m.  

Three victims have been presently identified.  The victims paid from $1,800 to $11,000 for dental services that included root canals, requested and unwanted extractions, filings, and the implanting of prosthetic teeth that were poorly done and resulted in infections and having negative long term consequences.  Many of these procedures included injecting Lidocaine, Xylocaine, or administering drugs without a proper license.  Repeated requests by some victims for reimbursement of the unlawful and substandard dental procedures resulted in more treatment and no actual money returned.  

Mario Pacheco is not a licensed dentist.  If anyone has been a victim, knows of a victim, or received dental services from Mr. Pacheco, they should contact the District Attorney's Office at 510-569-9281. 

 From the Courtroom
Verdict Reached in People v. Johannes Mehserle
On July 8, 2010, the Los Angeles jury in the case of People v. Johannes Mehserle returned a guilty verdict of involuntary manslaughter against the defendant. The jury also found true the allegation that the defendant used a gun and rejected the defense that the defendant believed he was using his taser when he shot and killed Oscar Grant on January 1, 2009. The verdict reflects that the killing was unlawful and done with criminal negligence and recklessness. The prosecution team has worked on this case for more than 18 months and, for the final two months, 15 dedicated members of the District Attorney's staff, under the leadership of Prosecutor Dave Stein, relocated to Los Angeles and worked seven days a week while conducting the trial in Los Angeles. The District Attorney dedicated all resources needed by the prosecution team to ensure a just verdict.  All evidence was presented to the jury and they ultimately decided the outcome.  As we move forward, Oscar Grant's memory can be best honored through open, forthright and candid communication that is not steered by violence, judgment or hatred.
Verdicts

July 2010

Felony Verdicts
  • On July 13, 2010, a jury found defendant Tarvey Rego guilty of murder and found true the enhancements that the defendant personally used a knife during the commission of the crime and that the crime was in furtherance of gang activity. On October 7, 2007, the defendant stabbed 20-year-old Manuel Camacho during a fight on Sheppard Ave. in the city of Hayward. Camacho died from his wounds. The Prosecutor was DDA Butch Ford.

  • On July 8, 2010, Michael Moran was convicted by a jury of rape and forcible oral copulation. The defendant committed these crimes against a 16-year-old girl on May 23, 2008. Moran was also convicted by the jury of continuous sexual abuse of a minor for crimes that took place between 2006 and 2008 against another young victim. The Prosecutor was DDA Jimmie Wilson.

Misdemeanor Verdicts

  • On July 29, 2010 a jury found Defendants Devon Fergusson and Devin Kettle guilty of battery causing serious bodily injury. On March 21, 2009, the battery victim, Brandon Tahtaras, was at a Dublin High School party at a home in Pleasanton. Around midnight he confronted a young man he thought had broken a beer bottle. A group of five men, including both defendants, then assaulted Tahtaras. They knocked him to the ground and then each took turns kicking him in the head until he lost consciousness. A nearby witness saw most of the incident and testified in court that both defendants were responsible. The Prosecutor was DDA Scott Ford.
  • On July 26, 2010, a jury convicted Dejuan Antonio Pickens of two counts of domestic violence, one count of unlawful entry into a residence and one count of violating a protective order. In November, 2009, the Defendant and his 19 year old girlfriend broke up. Three days later, he came to her parents' house, broke through the door and assaulted her. The defendant was arrested later that day. Charges were filed and a stay-away order was issued pending resolution of the case. Defendant ignored the stay-away order and two and a half months after the first incident, he assaulted her again. The Prosecutor was DDA Warren Ko.
  • On July 16, 2010, defendant Robert Norton was found guilty after a court trial of two counts of battery. In 2009, the defendant inappropriately touched a 10 year old girl whose mother he while at her home in the city of Hayward. The defendant will be required to register as a sex offender pursuant to Penal Cose Section 290 as a result of his convictions. The Prosecutor was DDA Jimmie Wislon

In Memoriam
Art Garrett - June 20th, 1951- July 14th,  2010
On June 20, 2010, Art Garrett, head of the DA's Forensic Video Unit, passed away.  He will be greatly missed by his friends and colleagues in the District Attorney's Office.  Art began his career with Office as a Radio-Television Broadcasting professional on May 1, 1974, as the producer of the Art GarrettPolice Legal Training Series called "Television Point of View" for police departments in Alameda County. Over his 36 years of making industrial films for the Alameda County DA, other county agencies and P.O.S.T., it is estimated that Art produced more than 10,000 shows, which have helped to educate lawyers, law enforcement, other allied professionals and the community.  He was also an invaluable asset to attorneys in creating videos for felony trials.

Our hearts and prayers go to Art's wife, our dear friend Dottie, who retired from the Office in 2009 after a 39-year career in the Office, and his two sons and grandson.

Family, friends and colleagues attended a celebration of life memorial in honor of Art on Monday, August 2, 2010.  Art's family and friends spoke with love, humor and admiration about his life.  After the memorial, Dottie wrote to the DA's Office:

To all our extended District Attorney Family,

I know we are all a family at the office but we were overwhelmed with all the love and support you have shown us during this very difficult time. You all have tried to filled a huge hole in our hearts. We are forever grateful. The pouring out of friends at Art's celebration of his life was overwhelming. To stand up on the stage yesterday seeing you all tugged at my heart. I know that Art gave me the strength to speak to you. We all have a new angel in our pocket. Just reach out to him and he will help you. It's quiet here today but I still feel the love and hugs from all of you from yesterday. Those memories will get us through. Thank you again for all your love.

With love and gratitude,

The Garrett "Home Team",
Dottie, Keith and TJ.
 Q & A
"I have a docket number of a criminal case I am following.  I would like to know when the next court date is for the case.  Can the DA's Office help me with this?"
A:  You can use the Criminal Docket Finder which can be accessed from the Home Page of the DA's web site.
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 alcoda.org for updated news items as well as more detailed information regarding the District Attorney's Office. 
Nancy E. O'Malley
Alameda County District Attorney