From the Office of the Alameda County District Attorney
Nancy E. O'Malley, District Attorney
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Family Justice Center Gala a Great Success
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Kids Taking Charge
Award winner
Jacob Rosenbaum with
MC Michael Pritchard.
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On January 28, 2012, over two hundred people
gathered at the Rotunda Building in Oakland for the Fifth Annual "One" Gala in support of the Alameda County Family Justice Center.
Guests were entertained by a string quintet of local youth violinists and comedian Michael Pritchard, who is noted for his work empowering youth.
DA Nancy E. O'Malley presented the Kids Taking Charge Awards to four exceptional young people to honor their service to the community:
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Award winner Aidan Trimble.
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- Jacob Rosenbaum for providing violin lessons to children living at Oakland Elizabeth House, a transitional home for women and children
- Aidan Trimble for her 'One Warm Coat' project at an Oakland public elementary school
- Natasha Blazer for creating and distributing kits for victims of domestic violence
- Emily Blair for her project, the 'Stop Human Trafficking!' concert
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Award winner Natasha Blazer.
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Thanks to the support of generous individuals and local businesses, the evening's events included a successful silent and live auction.
The FJC Gala provides much-needed funding for the KidZone, a safe space for children to play when they or their family are receiving services from the Family Justice Center.
The ACFJC co-locates allied professionals who work collaboratively to provide a comprehensive response and delivery of service to victims of domestic violence and their children, victims of sexual assault, victims of elder abuse, and underage victims of human trafficking ad commercial, sexual exploitation.
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Murder Convictions in Domestic Violence Homicide Cases
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People v Eric Mora
On February 28, 2012, a jury found Eric Stewart Mora guilty of second degree murder. Victim Linda Alonzo, a 48-year-old mother of five, disappeared on Thanksgiving Day in 2004. Two of her neighbors saw Ms. Alonzo Thanksgiving afternoon before Eric Mora, picked her up. Ms. Alonzo had told her neighbors that Mora was taking her to San Francisco to spend Thanksgiving with her family. Ms. Alonzo never called nor showed up at the dinner. Read more...
People v Cecil Kuuipo Sagapolu
On March 5, 2012, a jury found Cecil Kuuipo Sagapolu guilty of second degree murder with an enhancement for personal use of a firearm, and being a felon in possession of a firearm. On July 31, 2011, defendant Sagapolu drove his girlfriend, Giselle Ortiz, to her cousin's apartment in Oakland to celebrate her 26th birthday. Rather than going right into the apartment, the couple remained in the car arguing. During the argument, Mr. Sagapolu shot Ms. Ortiz in the left jaw with a 9 mm semi automatic firearm. Ms. Ortiz, died instantly. While several people were in the area at the time, no witness admitted to seeing the shooting. The prosecutor was DDA Jill Nerone.
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Settlements Reached in Two Dietary Supplement Cases
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The Alameda County DA's Office is committed to protecting consumers, and prosecutors in our Consumer and Environmental Protection Division (CEPD) recently reached settlements in two distinct cases involving false advertising of dietary supplements.
In the first case, dietary supplement distributors Iovate Health Sciences, Inc., a Canadian corporation, and its American affiliate, Iovate Health Sciences USA, Inc., agreed to pay a total of $1.5 million in civil penalties and costs in the settlement of a lawsuit brought by the Alameda County DA's Office and nine other District Attorney's Offices.
The lawsuit alleged that the company engaged in false and misleading advertising in connection with the marketing and sale of certain of its dietary supplement products, and violated Proposition 65, which requires a warning label on products that expose the consumer to over one-half microgram of lead per day. Read more....
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The DA's Office is cracking down on false, harmful and misleading labelling on dietary supplements.
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In a second case, Florida-based defendants GeoPharma, Inc., Breakthrough Engineered Nutrition, Inc., Mihir Taneja and Carol Dore-Falcone agreed to pay $70,000 in civil penalties. The complaint alleged false advertising and the sale and distribution of misbranded dietary supplements. In a filed stipulated final judgment, they have been prohibited from selling or delivering to California residents any products claiming to contain Hoodia Gordonii (HG) unless they have tested said products in a scientifically accepted process that confirms the products contain the amount of HG proclaimed by the label and or product advertising. Additionally, they can not market products making claims about the efficacy of the product for weight loss or nutritional benefit unless they have valid scientific studies to support those claims. |
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Criminal Charges Filed Against Pair in Connection with ACAP
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Alameda County District Attorney Nancy E. O'Malley announced that on February 17, 2012, criminal charges against Nanette Sheree Dillard and Paul Daniels in connection with the Associated Community Action Program (ACAP).
 Defendant Nanette Dillard was the Executive Director of ACAP and defendant Daniels was the Grants Manager until they were terminated in February, 2011. Defendants Dillard and Daniels are married and both face felony counts of Grand Theft, Conspiracy to Commit a Crime and Crime by a Public Officer.
DA O'Malley said, "Penal Code Section 424 safeguards against the illegal mismanagement of public funds by officials who are entrusted to oversee their proper use. This law prohibits a Public Officer from misuse of public moneys, including misappropriating public funds, knowingly keeping a false account or making false entries, or fraudulently altering or falsifying any account.
"When public officials misappropriate and mismanage funds, not only do they break the law, but they also violate the public's trust in our government agencies. My Office will remain vigilant in the investigation and prosecution of crimes involving public corruption."
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DA's Office Co-Sponsors Internet Safety Sessions for Parents
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As part of January's Human Trafficking Awareness Month, the Alameda County District Attorney's Office co-sponsored an informational session called 'Keeping Our Children Safe'. The program provided tools for parents to assist their children in navigating the internet safely, and featured speakers from the FBI.
While the internet is used for positive social, educational and commercial applications, it is also increasingly used for nefarious purposes, such as facilitating human trafficking and identity theft. The DA's Office is committed to educating the community is aware of these risks through our Speakers Bureau.
If you are interested in having a qualified speaker from the DA's Office speak to your school, organization or community group, please fill out the Speakers Bureau request form.
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Felony Verdicts -- February 2012
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- On February 22, 2012, a jury found defendant Devondas D. Johnson guilty of 2 counts of lewd acts upon a child, a violation of Penal Code §288(a). Defendant Johnson touched a 7-year-old boy twice in a lewd manner in 2009. The defendant was the boyfriend of the victim's aunt, who was the child's guardian. On the date of the offences, the defendant was on parole for committing a prior lewd act on a child in 2005. The defendant was not allowed to be around minor children, however, the defendant was allowed access to the victim by his guardian. Due to the defendant's prior 288(a) conviction from 2005, he is eligible for sentencing under Penal Code section 667.71 clause, the habitual sexual offender clause. Sentencing is set for March 21, 2012. The prosecutor was DDA Teresa Ortega.
- On February 16, 2012, a jury found Tyrell Jack Hill guilty of First degree murder and two special circumstances for murder in the course of a robbery and burglary. The victim, Kenneth Holowatch, 28, was murdered outside his home trying to stop a home invasion. On June 12, 2009, defendant Hill and two others knock on the front door of the victim, asking for "Christy". No one by that name lived there. Defendant Hill walked around the back of the house and smashed a window to gain entry. The victim and his wife ran out the front door, and were met by two armed men with rifles. Both the victim and his wife fought their attackers. Defendant Hill then exited the house, and shot the victim multiple times, before all three attackers fled. Defendant Hill will be sentenced on May 4, 2012. The prosecutor was DDA Mark Jackson.
- On February 6, 2012, a jury found Gleiston Porcinode Andrade guilty of 6 counts of forcible oral copulation and 7 counts of forcible rape against five different victims. Between April 9, 2009, and October 26, 2009, defendant Andrade picked up each of his victims, who were mostly working as prostitutes, on or near International Boulevard in Oakland. He drove them to secluded, unoccupied areas, pulled a gun, forced each victim to orally copulate him and forcibly raped each victim. In several instances, the defendant told the victim he was a police officer. The defendant was identified in photo line-ups in every case and a DNA match in two cases. Sentencing is scheduled for March 23, 2012. The prosecutor was DDA Erin Kingsbury.
- On February 2, 2012, a jury found Tian Yu Lu guilty of felony assault, in violation of Penal Code § 245(a)(1). In January 2010, the defendant was terminated from his employment as a USPS letter carrier at the Embarcadero office in San Francisco. In the following months, the defendant bought a Ford pickup truck in another person's name and installed a front bumper grill to the truck. On May 1, 2010, victim Alfredo Bustamante (the defendant's former supervisor) was leaving home for work in Albany. As he was walking to his car, Mr. Bustamante heard the sound of an engine nearby. When Mr. Bustamante reached his car parked outside his home and opened his driver's side door, he saw a truck come directly at him. The truck impacted Mr. Bustamante's car's driver's side door, pinning Mr. Bustamante's right arm between the door and the door jamb. The truck backed up and Mr. Bustamante ran behind his car. The defendant drove the forward again and struck an SUV parked behind Mr. Bustamante's car. The defendant then fled the scene. Half a mile away, Albany Police found the defendant with the truck. Inside the truck, Albany Police found an extra set of clothes, binoculars, flashlights, and night vision goggles. The defendant said he just had a flat tire, and the damage to the truck was two to three weeks old. Sentencing is set for March 5, 2012. The DDA was Danny Lau.
- On February 2, 2012, a jury found Steven Richard Crump guilty as charged of Penal Code §530.5(a) identity theft and PC § 422 criminal threats. Defendant Crump sent a death threat letter to Minister Keith Muhammad, Bay Area leader of the Nation of Islam and signed his Cal-State East Bay professor's name as the sender. On February 3, 2011, defendant Crump, a student at Cal-State East Bay, was taking a computer science test. He told his professor, Dr. Leann Christianson, that he could not finish the test and did not know the answers. Defandant Crump then proceeded to self-grade the test, scribbling all over it and putting large "F's" on each page. A search of the defendant's laptop revealed that immediately after the test, defendant Crump had searched for contact information for both Dr. Christianson and Mr. Muhammad. On February 6, 2011, Mr. Muhammad received the letter, which stated "I will do all in my power to have you and your family killed." Mr. Muhammad took the letter to Oakland Police Department Chief Anthony Batts, who had the letter fingerprinted. Defendant Crump's fingerprints were found on the letter. Additionally, the jury heard evidence of defendant Crump's prior August 9, 2004, email threat to then-Alameda County Sheriff Charles Plummer and Alameda County Supervisor Scott Haggerty. In that email, defendant Crump threatened to find and kill both individuals. The defendant was convicted in that case for two separate counts of PC§ 422 criminal threats. The prosecutor was DDA Eric Swalwell.
Felony Verdicts -- January 2012 - On January 26, 2012, a jury found Thelmeas Walker guilty as charged of felony forcible rape with enhancements for committing forcible rape after a burglary, personal use of a firearm during the commission of forcible rape, and forcible rape after a burglary with intent to commit forcible rape. On November 30, 2001, defendant Walker raped the victim in her home at gunpoint. At about 9:45 pm, the victim left her second floor bedroom and began to walk downstairs. As she was on the stairs, the defendant confronted her, wearing a black mask and brandishing a gun. The defendant flipped the victim's jacket over her head, placed the gun to the back of the victim's head, and led the victim back upstairs. The defendant first took the victim to her son's bedroom where he turned on and off the light to make sure no one else was home. The defendant then led the victim to her bedroom. Once inside the victim's bedroom, the defendant forced the victim's clothes off and raped her at gunpoint. The defendant then fled downstairs and out of the house. DNA from the perpetrator was recovered during a sexual assault exam of the victim. The defendant's DNA was analyzed and was found to be a match with the DNA recovered from the victim. Sentencing is set for March 16, 2012. The prosecutor was DDA Ward Winklosky.
- On January 12, 2012, a jury found Eugene Richardson guilty of first degree murder with an enhancement for the personal use of a firearm. On October 15, 2009, Wayl Al-Junaidi left his home near Foothill Boulevard and 35th Avenue to buy milk for his family. As Mr. Al-Junaidi neared the Walgreens store on Foothill Blvd., Eugene Richardson, Devonne Young, and a third unidentified individual accosted him. Richardson shot Mr. Al-Junaidi in his back as the tried to flee and then the three men robbed Al-Junaidi of his money and jewelry. Richardson then fled the scene along with his two accomplices. Richardson, along with Young, were identified and arrested two months after the incident by the Oakland Police Department. Young pled to robbery with an arming clause before the trial, and Richardson was convicted of his part in the crime after a week-long trial. Sentencing is set for February 17, 2012 for Richardson. The prosecutor was DDA Autrey James, with help from Inspector Gus Galindo.
- On January 11, 2012, a jury found Bobbie Lee Smith guilty as charged of attempted murder with personal and intentional discharge of a gun, assault with a firearm with personal use of a firearm, shooting at an inhabited dwelling with personal use of a firearm, and child abuse with personal use of a firearm. On September 15, 2011 at approximately 8:45 pm, victim Krystal Love broke up with defendant Smith over the phone, and he then threatened to come over to Love's apartment in San Leandro and harm her. At approximately 9:27 pm, defendant Smith banged on Love's door and directed her to open it. Love ran into the bedroom, grabbed her son and called police. Defendant Smith fired 6 shots into the apartment, five of which went through the front door around the peephole. One of the bullets traveled into the bedroom where Love's son had been sleeping. Four days after the incident, Love began to recant. On September 28, 2011, defendant Smith was apprehended after an hour-long foot chase and standoff in East Oakland. In jail, defendant Smith made numerous phone calls asking his brother to hide an "oowap", street slang for a firearm. Sentencing is set for March 8, 2012. The prosecutor was DDA Glenn Kim.
- On January 9, 2012, a jury found William Keith Roderick III guilty of Penal Code §314.1, felony indecent exposure with prior convictions. On March 18, 2011, the victim saw defendant Roderick standing on the balcony of his apartment in Hayward, naked and masturbating. She was upset and reported it to the Police. Her son also went outside and observed the same conduct. The defendant was arrested but gave no statement. He has two prior convictions for similar behavior in 1993 and 1989. The prosecutor was DDA Butch Ford.
Misdemeanor Verdicts -- January and February 2012 For a full description of our misdemeanor verdicts, please visit our website. |
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We are proud and honored to serve the people of Alameda County.
Sincerely,
Nancy E. O'Malley
Alameda County District Attorney
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Mission Statement
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The Alameda County DA's Office is dedicated to serving our community through the ethical prosecution of criminal offenses and the vigorous protection of victims' rights.
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Do you have a question for the District Attorney's Office?
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The District Attorney's Office receives many calls and e-mails from the public asking a wide variety of questions. Please feel free to e-mail a question of your own that you would like to see answered here.
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