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January/February 2011    

From the Office of the Alameda County District Attorney

Nancy E. O'Malley, District Attorney

Nancy E. O'Malley Inauguration

January 3rd, 2011

In an inauguration ceremony at the Alameda County Family Justice Center early in the New Year, Nancy E. O'Malley became Alameda County's first elected female District Attorney.

Nancy O'Malley being sworn in

District Attorney Nancy O'Malley taking the Oath of Office from California Supreme Court Associate Justice Carol Corrigan

The Oath of Office was administered by California Supreme Court Associate Justice Carol Corrigan. The event was attended by hundreds of well-wishers, including members of the District Attorney's Office and the legal community, Superior Court Judges, County and city officials, leaders of law enforcement, as well as family and friends.


"I am committed to educating the public about what the Office does; to informing victims of crime that they have rights; and continue reaching out to communities so we can work together to keep our communities safe," said District Attorney Nancy O'Malley.


"I look forward to serving Alameda County as your elected District Attorney, and to the challenges ahead."

NEO & KD & judge

Chief Assistant District Attorney Kevin Dunleavy, District Attorney Nancy E. O'Malley & California Supreme Court Associate Justice Carol Corrigan.

Judicial Appointments
Governor appoints two from DA's office to the bench

In late December, Governor Arnold Schwarzenegger appointed two veteran members of the Alameda County District Attorney's Office to the Superior Court Bench.  Chief Deputy District Attorney Thomas Rogers and Deputy District Attorney Armando Cuellar have both been sworn in as Alameda County Superior Court Judges. 


Mr Rogers joined the DA's Office in 1976.  Throughout his distinguished career in the DA's Office, he held many different positions, including that of trial attorney for serious felonies, as well as high-level supervisory roles throughout the county.  Most recently, Mr Rogers served as Chief Deputy District Attorney.  Based in Oakland, he oversaw the charging of all major prosecutions in Northern Alameda County.  Rogers earned a law degree from the University of San Diego School of Law and a Bachelor of Science degree from Santa Clara University.


Mr Cuellar joined the DA's Office in 1985 and for nearly two decades, Mr Cuellar headed the office's Asset Forfeiture unit.  A nationally recognized expert in the area of asset forfeiture, he also lectures widely on the topic of narcotics asset forfeiture for the California District Attorneys Association and the State Justice Department.  Mr Cuellar earned a law degree from John F. Kennedy University School of Law and a Bachelor of Science degree from Trinity College.


District Attorney Nancy O'Malley said she was thrilled by the appointments.   

"Both men have a tremendous amount of experience in the Alameda County legal community," she said. 

"They will bring the highest standards of professionalism to the bench, will be fair and will ensure access to the justice system for all of our residents."

Fourth Annual "One" Gala
Alameda County Family Justice Center's Annual Gala

Guests at the Gala

The Fourth Annual Alameda County Family Justice Center Gala, "One", was held last Saturday, January 29th, evening at the Rotunda Building in Oakland. Over 300 attended the Black Tie event, which raised money for the FJC's KidZone and other victim support programs offered by the Family Justice Center.

Senator Ellen Corbett and Supervisor Scott Haggerty

Senator Ellen Corbett and Supervisor Scott Haggerty


Guests came together from the Bay Area and beyond to unite in support of the FJC, including a number of state, regional and local elected officials. They were treated to a violin concert by young players from Alameda County, and were able to bid on a host of generous donations from many local and regional businesses.  


District Attorney Nancy O'Malley was buoyed by the support shown for the FJC and the valuable work they and their 18 on-site collaborative partners perform.


Talented young violinists performing at the Gala

"The Alameda County Family JusticCenter Gala

was a spectacular event," she said. 

"We not only brought attention to the FJC, but also we were able to acknowledge the hard work and commitment of the individual agencies who unite under the FJC umbrella to serve victims of crime in a collaborative and comprehensive way," said DA O'Malley.

At the function, DA Nancy O'Malley announced Cherri Allison (current Executive Director of the Family Violence Law Center) as the new Executive Director of the FJC. Ms Allison takes up the post following the resignation of former Executive Director, Nadia Lockyer, who was elected to the Alameda County Board of Supervisors for District 3 in November.


Nancy O'Malley introduces Cherri Allison


Hillary Larkin was honored with the 'Champion Extraordinaire' Award at the Gala. Hillary has been a long-standing leader in the health care environment with a special emphasis on victims of sexual assault and

domestic violence seeking medical treatment. Ms. Larkin is a founder of the Sexual Assault Response Team program; she created the protocol for the health care provider response to Domestic Violence in the Emergency Department and is the visionary behind DVRR, the electronic program that links health care services with ACFJC services for victims being treated for injuries as a result of Domestic Violence.



Hillary Larkin receives the 'Champion Extraordinaire'  Award from DA Nancy O'Malley 

Also accepting an award on the night for her outstanding leadership and service to the FJC was Ms Lockyer.


The Alameda County Family Justice Center (ACFJC) is a one-stop center for victims of domestic violence, sexual assault, child and elder abuse, and sexually exploited minors. It is made up of governmental and non-profit agencies that co-locate to provide comprehensive services to victims and their families.

Consumer Alert
DA O'Malley Announces Historic Statewide Settlement in Dietary Supplement Fraud Case
On February 2, 2011,  District Attorney Nancy E. O'Malley announced the largest multi-jurisdictional dietary supplement settlement in California history. 

Supplement distributor Irwin Naturals, Inc., has agreed to pay a total of $2.65 million in costs, civil penalties and restitution in the settlement of a lawsuit brought by the District Attorney Offices in Alameda, Orange, Santa Clara, Santa Cruz, Marin, Napa, Solano, Sonoma, Monterey, and Shasta counties.

The District Attorneys' lawsuit accused Irwin of making false and misleading representations in connection with the marketing and sale of certain of its products, including Dual Action Cleanse, Fast Action Hoodia Diet, and the 10-Day Hoodia Diet.  The labeling information states that Hoodia contains Hoodia gordonii.  However, testing by laboratories with whom the District Attorneys contracted showed the Hoodia products did not contain any Hoodia gordonii, effectively misbranding the products. 

Irwin was also marketing and selling certain dietary supplements containing lead in violation of Proposition 65, "The Safe Drinking Water and Toxic Enforcement Act of 1986" passed by direct voter initiative in 1986.  Laboratory tests conducted as part of the investigation revealed that certain lots of several Irwin products contained over 0.5 micrograms of lead.  Those products included Green Tea Fat Metabolizer, Green Tea Fat Burner, System Six, Green Tea Fat Meltdown and Green Tea Fat Burner.  California Law requires that all products containing more than one-half of a microgram of lead be marked with warning labels. 

Irwin has stopped selling or reformulated all of these products since being alerted to the issue, and will be required to include warning information with all products marketed to California residents containing specific lead levels in the future.

District Attorney O'Malley stated, "The Alameda County District Attorney's Office is committed to protecting California consumers from deceptive advertising and potentially harmful products in the dietary supplement market place." 

Prosecutor Scott Patton noted, "State action is necessary in this area because the Federal government does not regulate the dietary supplement market.  Unlike prescription medication, dietary supplements do not need to be pre-approved by the FDA before they can be sold to consumers. A dietary supplement can be sold in the United States without prior government approval or proof that it is either safe or effective for its intended use."

As part of the disposition, the Defendant is required to pay restitution to consumers who filed documented complaints with Irwin, the Better Business Bureau, the California Attorney General or any of the District Attorney Offices involved in the lawsuit between July 1, 2006 and January 31, 2011 and who have not already received refunds. 

Irwin has set up a special telephone number to answer questions concerning restitution or other matters generated from the public as a result of this stipulated settlement. 1-800-941-9098. Prosecutor Scott Patton can be reached at the DA's Office at (510) 569-9281.

From the Courtroom

January 2011

Felony Verdicts

  • On January 27, 2011, a jury found defendant Esayas Yohannes guilty of 16 sexual assault felonies with various enhancements including aggravated kidnapping and use of a deadly weapon. Defendant Yohannes sexually assaulted three different victims between July 16, 2007, and January 29, 2009. On December 6, 2008, Jane Doe #1 was working as a prostitute on International Boulevard in the Oakland. Defendant Yohannes took her to a truck parking lot and they had consensual sex in the "sleeper" compartment of his Diesel rig. As Jane Doe #1 put her clothes back on, the defendant pulled out a boxcutter and told her that he was "not done yet." Over the following twenty hours, the defendant repeatedly forced oral copulation, raped, and sodomized Jane Doe #1. On January 29, 2009, the defendant solicited Jane Doe #2 on International Boulevard in Oakland to perform various sexual acts. After they had consensual sex, Jane Doe #2 attempted to leave but the defendant grabbed her by the throat and told her he would decide whether to let her go depending on how she performed oral sex. After she begged for her life, the defendant forced Jane Doe #2 to orally copulate him. Upon noticing similar sexual assault characteristics related to Jane Doe #1 and #2, OPD investigators looked at a cold case from 2007 involving 16 year-old Jane Doe #3. On July 16, 2007, Jane Doe #3 was walking near the intersection of 12th and Broadway in Oakland when the defendant drove up to her. The defendant grabbed and forced her inside of his vehicle. He drove Jane Doe #3 to an isolated area near the Oakland Coliseum. As he held a gun and hammer to her head, the defendant forced Jane Doe #3 to orally copulate him and repeatedly raped her inside his vehicle. Sentencing is scheduled for March 14, 2011. Each of the first 14 counts carry a life prison term in light of the aggravated kidnap and use of deadly weapon findings. The Prosecutor was DDA Charles E. Wilson.
  • On January 27, 2011, a jury found defendant Christian Perez guilty of torture, second-degree murder, and assault on a child causing death as to victim Eli Doe; also two counts of child abuse as to victim Kalia Doe. The facts are as follows: In January 2007, two-year-old Kalia Doe went to live with her biological mother and defendant Christian Perez for a 30-day trial reunification period through Child Protective Services.  After nineteen days, Kalia was rushed to Children's Hospital with a large laceration to the top of her head which required four staples to close.  Kalia was also covered in bruises from head to toe.  The defendant gave an accident story to explain Kalia's head wound.  Neither the defendant nor Kalia's mother could account for the bruises on her body.  In April 2008, the defendant was dating a new woman named Katherine.  Katherine had a sixteen-month-old baby named Eli.  On April 24, 2008, Eli had a runny nose so he had stayed home from daycare; his mother was at work and the defendant was left to care for Eli.  Eli needed to be cleaned and the defendant ran a tub full of water that was probably in the range of 150 degrees.  The defendant then put Eli into the tub of scalding water for a few seconds.  Eli was burned from his belly button to his toes and his top layer of skin actually sloughed off.  The defendant did not call 911, but instead called his sister and brother-in-law.  The three adults drove Eli, who would have been in unimaginable agony, around the City of Hayward for more than an hour.  Video surveillance from Walgreen's showed the defendant and his brother-in-law in the store for 15 minutes - not in any sort of rush or panic.  They then drove further away from area hospitals to the sister and brother-in-law's house to apply an over-the-counter burn jell.  When Eli started seizing and obviously dying, they finally called 911.  Eli lived for two agonizing months in the Shriner's burn unit in Sacramento, but finally succumbed to his injuries and died on June 24, 2008. At the time, the defendant gave another accident story.  At trial, the defendant testified that his father had abused Kalia and burned Eli.  In rebuttal, the father's employer testified that the father had been working on April 24, 2008, and on many of the dates in January 2007 when Kalia was being abused.   Sentencing is scheduled for March 25, 2011.  The Prosecutor was DDA Stacie Pettigrew.
  • On January 19, 2011, a jury found defendant Curtis Norris guilty of second degree murder and found true the enhancement that he personally discharged a firearm causing death. On September 16, 2008, at around 9:30 p.m., the defendant was the front passenger in a car driven by his girlfriend. They were on 38th Avenue and Allendale Avenue in the city of Oakland, looking to buy marijuana. Victim Edward Dismukes was riding his bike on 38th and Allendale at this time as well. The defendant saw Mr. Dismukes and shouted "This is for all the [expletive] you said at 'Rita!" and began firing a .45-caliber semiautomatic gun at Mr. Dismukes. Mr. Dismukes jumped off his bike and started running away, but the defendant continued to shoot at him from the car. The defendant fled the scene and spent the night in San Jose. Mr. Dismukes was taken to the hospital and died of multiple gunshot wounds. The defendant was arrested the next day by San Jose Police Department. The .45-caliber gun was recovered. Sentencing is scheduled for May 6, 2011, where the defendant faces 40 years to life in state prison. The Prosecutor was DDA Rebecca Warren.
  • On January 11, 2011, a jury convicted Charles Black of two felony counts of animal cruelty. The defendant's Oakland neighbors routinely heard the defendant yelling profanities and kicking and hitting his dog, Blueberry, with a mop. On June 30, 2009, one of defendant's neighbors videotaped the defendant yelling at Blueberry and hitting Blueberry with a mop. Blueberry is heard on the videotape squealing after each strike. On February 19, 2010, two witnesses living behind the defendant heard defendant cursing at Blueberry. One witness saw the defendant striking Blueberry with a crow bar. The other witness grabbed a video camera and captured the defendant hitting Blueberry with the blunt end of a metal wood-splitting axe. Before and after each strike Blueberry was lying down and can be heard yelping and squealing. Blueberry suffered bruising and lacerations. Fortunately, Blueberry was put into a shelter and adopted to a loving family. The Prosecutor was DDA Eric Swalwell.

Misdemeanor Verdicts

  • On January 31, 2011, a jury convicted defendant Stephen Hopkins of driving under the influence. On December 26, 2009, around 3:45 am, the defendant and his wife were pulled over on the right shoulder of I-580 near Hopyard Road in their silver SUV.  The defendant was sitting in the driver's seat wearing his seatbelt with the engine running, his foot on the brake, and the headlights on. A CHP officer saw the car pulled over and stopped behind the car to do a welfare check.  When he approached the car, the officer saw the objective signs and symptoms of alcohol intoxication. The defendant said he pulled over because he was fighting with his wife. The officer began a DUI investigation. The defendant admitted to being the driver of the SUV that night and performed poorly on the field sobriety tests.  His blood alcohol content was .13% and .13% on the preliminary alcohol screening device in the field. At Santa Rita jail, the defendant took a breath test and his blood alcohol content was .12% and .11%. The Prosecutor was DDA Allyson Bennett Donovan.
  • On January 21, 2011, defendant Raymond Cheng was found guilty of a violation of Penal Code section 314 - Indecent Exposure. On March 23, 2010, around 8 am, the defendant was on BART heading to the Dublin/Pleasanton station and sat across from a young woman. The victim had seen defendant on prior commutes. While on BART on March 23, 2010, the victim dozed off and when she opened her eyes she saw the defendant masturbating and saw his exposed penis. She immediately got off of BART and reported but the defendant was not apprehended that day. The defendant was caught the following day after getting off of BART in Pleasanton and the victim made a positive in-field identification. The defendant had been arrested before for indecent exposure in 2007 on a San Francisco MUNI train but only received diversion in San Francisco. The 2007 victim also testified in this trial. The Prosecutor was DDA Allyson Bennett Donovan.

December 2010


Felony Verdicts  


  • On December 30, 2010, a jury convicted Hoa Tran of second degree murder with the use of a firearm, as well as being a felon in possession of a firearm. On August 27, 2003, murder victim Tho Tu, a recent graduate of Cal State East Bay in computer science and an accomplished violin player and music composer, was with friends at the H-Yuen restaurant playing pool. H-Yuen is a small Oakland bar and restaurant at 661 E. 12th street, frequented by many in the local Vietnamese community. Also present was the defendant, a member of the Vietnamese gang called the V-Boys. At one point, the victim's friend made an insulting comment to the defendant's friend about the area of Vietnam that he was from. A fight between the two ensued and the defendant and victim each came to the aid of their friend. The victim hit defendant Tran, who then went to his car, retrieved a loaded 9mm gun and shot the victim two times, killing him. The entire incident took less than 5 minutes. The defendant fled the area and was not apprehended until 2008. Tran was sentenced on January 31, 2011 to 66 years to life in State Prison. The prosecutor was DDA Mark Jackson.

  • On December 15, 2010, a jury convicted defendant Patrick Wilson of three counts of sexual assault, and one count of kidnapping. In January 2003, he stalked the victim from the MacArthur BART Station as she walked toward home. When she neared a park just blocks from her home, he grabbed her, threatened that he had a gun, and forced her into the park, where he sexually assaulted her. It was so dark that she could not identify her assailant. However, the OPD Crime Lab was able to develop a DNA profile from the sex assault kit, and eventually a "cold hit" in the state DNA bank identified Wilson as a suspect. OPD Investigator Herb Webber obtained an oral swab from the defendant, and his DNA profile confirmed that he was the assailant. The jury also found true allegations of kidnap with an increased risk of harm to the victim. This finding means that the defendant must be sentenced to 25 to life on one of the sexual assault counts. He was previously convicted of a "strike" offense, meaning his sentence will be doubled under the "Three Strikes" sentencing laws. He was in custody in San Quentin when police interviewed him, and was doing time on a Contra Costa County sexual assault case he committed in April 2003.The prosecutor was DDA Mark Melton.

Misdemeanor Verdicts

  • On December 10, 2010, Daraya Robinson was convicted of a misdemeanor violation of PC 272, contributing to the delinquency of a minor. On January 15, 2010, the defendant contributed to the delinquency of her 13 year old daughter by encouraging her to engage in a physical fight with her 14 year-old rival. Upon encountering her rival on the street after school, the defendant stopped her car so that both she and her daughter could get out and confront the victim. The defendant then repeatedly encouraged her daughter to "whoop that bitch's ass." During the course of the fight, the defendant stood closely by, never making any genuine attempt to stop the beating that her daughter was delivering upon the victim, and continued to yell in support of her daughter. The Prosecutor was DDA Laura Passaglia.

District Attorney Nancy E. O'Malley and the Alameda County District Attorney's Office wishes all our readers a happy and prosperous new year.



Nancy E. O'Malley

Alameda County District Attorney

In This Issue
Nancy E. O'Malley Inauguration
Judicial Appointments
Family Justice Center Gala
Consumer Alert
From the Courtroom

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