By Tanya Dennis
Last Thursday, Zakiya Jendayi parked on the side of the René C. Davidson Courthouse in Oakland to file an emergency stay request in what Jendayi asserts was the “legal” theft of her home of 13 years by a court administrator in her ongoing battle for her rightful inheritance in a probate battle.
But before she could fully emerge from the car at 12th and Oak streets, she was arrested by Alameda County Sheriffs for disobeying a court order and obstruction.
According to observers who have read the transcripts, the Hamlin v. Jendayi case, now in its sixth year, has resulted in what they describe as a gross miscarriage of justice.
Judge Sandra K. Bean ordered a legally inherited home to be taken from beneficiary Jendayi, citing “undue influence,” and gave it to Court Administrator Phillip Campbell, who Jendayi believes will quickly sell the house and pay himself more than $600,000 in court fees. The disinherited sisters will get the remainder of the proceeds of the sale.
Dr. Laura Dean Head named Jendayi as the beneficiary and executor over her estate after Jendayi took care of her during the last months of her life. Head’s disinherited sisters, Della Hamlin and Helaine Head, challenged the validity of Head’s will and trust, despite not being able to recognize Head in a photo during the trial, and Della stating she hadn’t spoken to her sister since 1997 or 1998 and would not have taken care of her during her hospice.
The appellate court upheld Bean’s ruling, which Jendayi asserts was based on a failure to fully consider the transcripts. “They never read the transcripts because if they had, they would have seen the truth,” Jendayi said.
Accompanied by Alameda Couty Sheriff’s Department deputies, Campbell arrived unannounced at Jendayi’s home on Oct. 1 – at the same time Jendayi was being arrested – to change the locks, board up the windows, and place a fence around the property.
Neither Jendayi, nor her supporters who had been in touch with Alameda County leadership and the Sheriff’s Department and been given the impression that nothing would happen without warning had been told Campbell was coming.
“I went to the courthouse to file an emergency stay document, and while getting out of the car, a sheriff immediately approached me and put handcuffs on me before I could stand up,” Jendayi said in recounting the events of Oct. 1. “I asked him if he had a warrant. He said ‘yes,’ and seven other officers immediately approached and surrounded me, with an additional three sheriffs standing back observing.
“I asked why it was necessary to have 10 officers to arrest me. They would not answer. I asked if the sergeant was there and asked if I could speak to him, but the sergeant refused to approach while another officer started taunting me over and over, stating, ‘I was at your house. I was at your house when you refused to surrender. We got you now.’
“The officer put the handcuffs on tight. I asked him to please loosen them. He refused and said they weren’t too tight. Then a Black, female deputy named Lewis, came over and asked him to loosen the handcuffs. Three times the white male officers were overly aggressive with me, and each time Deputy Lewis would step up and they would fall back. They said I was under arrest for refusing to surrender the house on Aug. 25.
“I asked them if I could file my paperwork, and they said, ‘No.’ Several officers asked me if I was on drugs. I felt like my life was in danger. I asked to speak to Deputy Lewis, and she came. I said, ‘Please tell my mother and Joyce Gordon that I would never kill myself.’ I did not want to end up like Sandra Bland, who was murdered by police officers in a Texas jail.”
Zendayi said they then took her to a section in the basement of the courthouse, placed her in a holding cell, and confiscated her belongings around 3 p.m. “They went through everything, took both cell phones, and asked if they could turn off my phones. I said ‘no,’ so they placed them in airplane mode.”
Then she was taken in a van to Santa Rita Jail in Dublin, which, because of traffic took almost two hours. “They asked me if I was on drugs and asked me to give a urine sample. I refused. They took a mug shot, and I was told it would be Monday before I could go to court. They put me in a cell with feces on the wall.
An hour after being detained, a deputy asked Jendayi if she knew someone who worked for the county and then asked if knew someone from the Sheriff’s Office and answered ‘no’ to both questions. He said, “You must know someone because we received orders to release you immediately. You’ll be out of here in about 40 minutes.”
“Rev. Raymond Langford of the Oakland Private Industry Council has been helping me to negotiate for more time to stay in my home,” Jendayi said. “I have an appeal with the Northern District Court of Appeals, where I’ve been promised they will review my case based on its merits. I was hoping to stay (in my home) until they reached a determination.
Rev. Langford reached out to Alameda County Supervisor Nikki Fortunata Bas and Chief Administrator David Brown, and they’ve been in contact with Sheriff Yesenia Sanchez.
“They weren’t going to give me the time I requested, but they did say that I would have time to move my belongings and would also be notified when they were coming,” Jendayi said. “None of that occurred.”
Langford said he spoke to Brown, Fortunato Bas and Sanchez right after the first attempt to evict Jendayi on Aug. 25 as well as the Alameda County Counsel and others to negotiate a time for Jendayi to move her belongings.
“There is no truth to the statement that there was no contact [with court and law enforcement officials.] There was an obvious miscommunication between Sanchez and her officers. They don’t have to inform the public of their actions, I understand that, but Zakiya and the community were concerned after they confiscated her guns.”
(Jendayi relinquished her weapons on Aug. 25 when sheriff’s deputies came to forcibly evict her while her petition for bankruptcy was still pending and should have interrupted the eviction process.)
“The Sheriffs have their own trust issues, and they need to work on that. They are not following the chain of command. David Brown, Fortunato Bas’s chief of staff, was puzzled also. He was told they would be informed when they would be returning. He was also blindsided like all of us.”
“(The Sheriffs’ Department) can come to the supervisors and get millions of dollars, but they can’t exhibit the courtesy to inform a citizen when she needs to move.”
“We, our group, ‘Friends of Zakiya,’ took a letter to Sanchez’s office citing Zakiya’s health issues, asking for more time just last week. Sanchez was a person who ran on the platform that she would not run the Sheriff’s Department on a military strategy, which they did on an African American senior in a comfortable, safe community.
“We understand they have to do their job, but we don’t want them targeting and profiling seniors. There has to be some accountability to the community,” Lankford said.
Supervisor Nikki Bas, deeply concerned with what has occurred, is joining with Supervisor Nate Miley to request a meeting with Attorney General Rob Bonta to request an independent investigation.
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