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Office of San Francisco
District Attorney  
George Gascón


August 2013

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In This Issue
S.O.S. Initiative
Honoring Daniel Redman
DA Staff Profile
DA Staff Profile
Cases of Note
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A Message From San Francisco  

District Attorney George Gascón

 

As the summer months come to a close, I encourage both students and parents to be excited for the new school year. Though the back-to-school routine can sometimes be challenging, the importance of staying in school should be recognized by both parents and students alike.

 

Having worked 30 years in law enforcement, I can tell you there is an undeniable connection between education and public safety. When it comes to the issue of truancy, we can't afford not to intervene because today's truant is tomorrow's dropout. The statistics cannot be ignored: 75% of all truant students will eventually drop out, and 94% of young murder victims are high school dropouts.

 

The District Attorney's Truancy Initiative is six years strong.  Since 2007, the number of chronic and habitual truant students has been reduced by 38%. Since last school year, number has been reduced by 12%. We are proud to announce that our pilot program at Burton High School has been very successful, and we will be expanding to Ida B. Wells High School this year.  

 

Efforts from the entire community in giving our youth a path to productivity is pivotal. Join me in my commitment to ending truancy and maintaining the safety and well-being of our City.

 

Sincerely,


 
George Gascón

San Francisco District Attorney

 

三藩市地檢署通訊中文版

 San Francisco District Attorney's newsletter now in Chinese

Boletín del fiscal de distrito de San Francisco ahora en Español

 San Francisco District Attorney's newsletter now in Spanish

S.O.S. Initiative

 

 

 

Last month, San Francisco District Attorney George Gascón and New York Attorney General Eric T. Schneiderman held a meeting in San Francisco with technical experts - including representatives from the Northern California Regional Intelligence Center (NCRIC) - that addressed their ongoing campaign to end the national epidemic of violent street crimes commonly known as 'Apple Picking.' Experts were able to directly test new security features created by Apple and Samsung -specifically Apple's "Activation Lock" and Samsung Galaxy S4. 

 

113 smartphones are stolen or lost each minute in the United States, with violence and sometimes death as a result. The meaning behind the Secure our Smartphones Initiative is to ensure the industry does everything it can to make their products and their customers safe. Issued in a joint statement by Attorney General Schneiderman and District Attorney Gascón: "Together, we are working to ensure that the industry imbeds persistent technology that is effective, ubiquitous and free to consumers in every smartphone introduced to the market by next year."

 

 

 

Consumer Protection 

 

 

Consumer fraud has become increasingly difficult to detect in today's world. Protecting consumers is a major concern for our office; we are committed to educating the public on consumer rights and remedies. In conjunction with education efforts, we are firm in prosecuting consumer fraud violations through civil and criminal enforcement. To learn more about how to combat deceptive business practices, callers can contact our Consumer Mediation line, where a free consumer complaint mediation service is provided, along with answers regarding consumer rights.

 

For Consumer related questions:  

 

Consumer Protection Unit:  (415) 551-9595 

 

Fraud Hotline: (415) 553-9535 (available in English, Spanish, Cantonese, Mandarin, Tagalog, and Russian)

 
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Staff Profile: How ADA Sarah Hawkins speaks out & reaches out 

 

Assistant District Attorney Sarah Hawkins had an epiphany about working in criminal justice earlier than most in the field, thanks to a high school mentor. While Sarah was a mock trial member in school, her mentor was an ADA in Riverside County. Sarah reflects: "She had a picture hanging on her wall which was a woman and a child. I asked her if that was her family, and she said 'No, that was my first domestic violence case I prosecuted. The husband shot the mom in the stomach and she survived.'" Since that moment, Sarah knew what career path she'd choose. "I'm the first person in my family to go to college, so I had not had a professional role model like that, and I thought, "I have to have this job".

 

After starting off as a DA in Contra Costa County, Sarah relocated to the San Francisco office in 2010. She began in the misdemeanor unit and went on to navigate several other units: preliminary hearing, general felonies, and now gang violence. "Gangs, sex assault, and homicide are three of the units that I always wanted to work in," Sarah confides. Each of those units, she explains, has "unique issues, legal issues and community impact issues that come along with them. So the gang unit deals with a lot of issues beyond just the violence and crimes that are being committed but how those crimes really impact the greater communities where the gangs are based. So that's what makes it in my opinion such an interesting and important unit to be in."

 

Sarah sees the impact that gang violence has on the community with many of the trials that she works on. Her last trial dealt with two members of the city's Westmob gang: "They attempted to murder a victim who was not part of the gang - who had a big family. The two gang members shot up the front of his house. I think there is definitely an impact on the community." She adds, "You see it with the Latino gangs in The Mission with the Norteños and Sureños. Also what happens are a lot of innocent people who just live in the neighborhood getting caught in the crossfire that happens between gang members. And gang members also commit crimes against innocent people living in the neighborhood in order to assert their power and to intimidate people living in the community." As Sarah and others have discovered, communities can be impacted to the point where they are afraid to speak out. "That's exactly what the issue was in my last trial. The reason the two defendants tried to kill the victim was because they thought he was a snitch. And what that does is effectively silence a community so they're afraid to talk about gang violence or to talk about crimes that they witness. So to have a part in helping the community feel heard and knowing our office is going to take a stand and not tolerate that kind of behavior is huge and it's hugely rewarding."

 

One particular case that impacted Sarah is one regarding a blind man who got his iPod stolen. "A defendant robbed a blind man of his iPod. The victim was legally blind - not 100% blind - so he could give some description, but what he said was that the defendant smelled like corn chips. So the defendant was found within a few blocks with the stolen iPod - which by the way was loaded with verses from the Bible - next to an open bag of Fritos. What was rewarding about the case was that you have a particularly vulnerable victim. The defendant knew he was blind - he had the glasses on and he had the cane that he was walking with. So I think when defendants prey on particularly vulnerable victims and they're caught it makes our job even more rewarding." 

 

What keeps Sarah going is working with the community, her teammates, and the victims of her cases. "I'm very motivated by helping people in the community and by working as part of a team here in this office that's committed to justice and doing the right thing. What that means is going to be different in every case. But it is really the phone calls from the victims saying 'thank you' for navigating me through a hard time in my life. I had a case where a bicyclist hit a pedestrian and she died. And her husband and I still talk. It's one of these horrible phases in his life but being able to help him along through the legal process was amazing and that's the kind of stuff that keeps you going.  And again working with a really great office and a really great team in our unit." Sarah also believes that "to get involved in the neighborhoods, get involved in the communities, and to reach out at every level" is vital to her work as an Assistant District Attorney.

                 

  Thank you Bill Murphy for 18 years of service to SFDA!

 

  

Bill Murphy, former ADA in the general felonies unit, describes the beginnings of his legal career as 'late in life'. "I joined the DA's office in '94 and I was 44 years old. I was practicing law with my dad so I was doing criminal defense for about 3 1/2 - 4 years. Then I joined the DA's office." After starting in misdemeanors, Bill spent time in multiple units including misdemeanor rebooking, preliminaries, narcotics, and juvenile hall, before settling in general felonies. A San Francisco native with a big family rooted in the SFPD, Bill wasn't surprised at eventually working with the city's law enforcement. "Both my grandfathers were San Francisco police officers and my dad was a San Francisco police officer. I have numerous cousins in the police department; I come from a huge cop family. My father's sister married cops, my mother's brothers were cops. I'm the only one that became an assistant DA and didn't follow the family tradition in becoming a police officer." 

 

Bill's experiences leading up to his legal career is unique amongst most attorneys. A former bartender, musician, and transportation employee for the movie industry, Bill defines his previous occupations as invaluable opportunities. "What I did mostly from the time I graduated from college until I went to law school was that I drove trucks for the movie companies for many years and I was a bartender and a musician. And then I did some acting in the Screen Actors Guild. So I did a lot of that until I was 33. When I was about 33 1/2 I went to law school." His involvement with the entertainment industry resulted in experiences like working on Alcatraz for four months on the 1979 film "Escape from Alcatraz", along with getting an offer to work with Paramount Pictures. After living in Los Angeles for some time, Bill ultimately made the decision to stay in San Francisco and go to law school. 

 

Though his path prior to law school isn't the most conventional, Bill affirms its positive influence on his work as an attorney. "It gave me a lot of common sense; it teaches you how to use that when you're working as an assistant DA. You can kind of visualize how things look, especially if something took place in a nightclub, or a bar. Having worked as a bartender for a number of years, you kind of have an idea kind of what happened. All those experiences were good - I learned a lot about people, saw a lot of things. So I kind of knew everyone that walked through the Hall of Justice for the first time wasn't necessarily Al Capone. A lot of times people wind up going through there not a criminal; they're someone that made a bad mistake. And they have to show up to the Hall of Justice to take care of it." 

 

When reflecting about the meaning behind his work, Bill finds that "it's satisfying to get the feeling that the right thing happened. All you can do is show up, call your witnesses and hope the jury sees it your way. That's what all the assistant DAs are doing - trying to get what we perceive to be the right result based on an incident report and trying to get some justice for the victim and justice for the community." A case that sticks out to Bill is a home invasion robbery he tried around 11 years ago. "That was a rewarding experience. I was able to get a conviction. The victim was shot and it was very, very hard to manage because they were engaged in sales of marijuana. You had to try and get him to testify, try and get him relaxed and try and do all the things you need to do to get him into court. It was satisfying on that end."   

 

Having recently retired from the District Attorney's office, Bill confides that he's leaving behind "a fine office". He recognizes that 

"it's a great crew of young attorneys there - young talented attorneys. DA George Gascón is moving the office forward and everything's wonderful there. It was a great experience. I enjoyed all the trials that I had and I probably tried close to 100 jury trials since I've been an attorney, and I've been an attorney 21 years. Probably about 90 of those is specifically as an assistant DA. That's why I became an attorney. I didn't picture myself behind a desk with a mound of papers. I wanted to be in the courtroom. I guess being a musician and doing a little bit of acting and things like that helped me envision myself arguing to a jury. It all worked out."

 

Congratulations on your retirement, Bill Murphy. Your time at this office will not go forgotten.

 

 

SFDA Cases of Note 

 

 

Defendant in Jewelry Store Slayings Charged with Counts of Murder 

23-year-old Barry Bernard White Jr. of Antioch was charged with a total of 16 felony counts for killing two females and critically injuring one male at the Jewelry Mart on July 12, 2013.  Officers encountered the defendant as he was leaving the Jewelry Mart, covered in blood.  The defendant ran into a taqueria next door and opened fire at six police officers. Once he emptied all rounds of his .38 caliber revolver, he surrendered to the officers. Arresting officers discovered a folding knife on Mr. White in addition to his handgun. Thanks to the quick and immediate response by the SFPD, the defendant was arrested on scene.

 

Two deceased females and a critically injured male were found by officers inside the store in the Jewelry Mart. Officers processing the scene were able to gather valuable evidence including digital images from the surveillance systems of the Victoga Jewelry store and the neighboring taqueria.  The defendant was arraigned on the following charges on July 31: 2 counts of murder, 7 counts of attempted murder, 6 counts of assault on a police officer with a firearm, and 1 count of possession of an assault rifle.

 

The defendant's bail was set at No Bail. Assistant District Attorney Scott Clark is handling the case. ABC7 Article  

  

 

Unlicensed Civil Engineer Held to answer on 232 Felony Counts in Massive Fraud Case

 

On July 15, 2013, 59-year-old Jimmy Jen was held to answer on 232 felony counts involving approximately 80 separate San Francisco properties where documents were forged and recorded with public agencies. His associate, 43-year-old Jian Min Fong was held to answer on 86 felony counts.

 

On July 12, 2013, Jen was held on 232 felony counts, including 143 separate counts of forgery. In addition, he was held on 84 counts of submitting false documents to a government office, two counts of false personation, two counts of identity theft, and one count of conspiracy.

For his role in the alleged fraud and conspiracy, Jian Min Fong was held on 86 felony counts including 46 counts of forgery, 37 counts of submitting false documents to a government office, one count of false personation, one count of identity theft and one count of conspiracy in violation of Penal Code section 182.

 

The defendants were arraigned on the information on July 30, 2013. The case is being prosecuted by Assistant District Attorney Evan Ackiron and was investigated by District Attorney Investigator Mike Kloss. 

 

 

 

Jury Finds Defendant Guilty for Blessing Scam Case #3

 

On July 3, 2013, a jury convicted 51-year-old Cui Qun Zhu, of 6 felonies and 1 misdemeanor for scamming two victims in two separate blessing scam incidents. 

 

On July 8, 2012, the first victim was scammed of $900 by the defendant in Chinatown. On July 9, 2012, the second victim was scammed of $1800 and a pearl necklace by the defendant in the Richmond district. On July 14, 2012, the second victim saw the defendant and a co-conspirator in the Richmond district and pursued them. The second victim was able to obtain the co-conspirator's purse which had a camera containing the defendant's picture, and a phone number that led to a shuttle driver in Los Angeles who identified a travel agency the defendant had used. Both victims identified the defendant in a photo lineup.

 

The trial was in front of Judge Angela Bradstreet. The jury found the defendant guilty of 2 counts of conspiracy to commit extortion, 2 counts of extortion, 1 count of conspiracy to commit grand theft by false pretenses, 1 count of grand theft, and 1 count of misdemeanor petty theft. The defendant will be sentenced on September 6, 2013, at 9 a.m. in Department 14. 

 

The conviction of Cui Qun Zhu is the result of a first-rate investigation by the FBI, Inspector Kim Lewis of SFPD, Officers Sam Yuen, Eddie Wu, and Ed Hwang of SFPD, and District Attorney Investigator Jason Collum.  Assistant District Attorney Rebecca Wagner prosecuted the case. SF Weekly Article

 

Thank you for taking the time to read this issue of the San Francisco District Attorney's Office monthly newsletter. For more information, please contact our Communications Director Stephanie Ong Stillman at stephanie.ong.stillman@sfgov.org.