Alameda County
Local Attorney Walter Riley: Avoid Leap to Judgement in Federal Case Against Former Mayor Sheng Thao
“I’m always leery … when we see something like this kind of institution going after a (progressive) person such as Sheng Thao,” said Riley. “The (FBI) raid itself violated protocol, influenced the recall election, and should not have been done in the way it was done. That is a violation of protocol of FBI tactics.”
By Ken Epstein
Mainstream media and others are acting as if the conviction of former Mayor Sheng Thao and her partner, Andre Jones, on charges of bribery and conspiracy is a done deal after a federal grand jury brought charges against them on Jan. 17.
The charges came in the wake of an FBI raid on the former mayor’s house last June in the midst of a highly publicized political campaign that led to her recall by voters in November.
Walter Riley, a local civil rights attorney and community leader, is urging the public to reserve judgement and to understand the grand jury process where the defense is not deeply involved and can offer no evidence or rebuttal.
Thao, Jones, and two members of the Duong family who own California Waste Solutions face charges for conspiracy, bribery, and more associated with an alleged “pay-to-play” scheme.
The indictment “is saying that Sheng Thao and Andre Jones participated in a bribery scheme with David Duong and other members of the Duong family to influence the selection of the Duong family to get business from the City of Oakland,” Riley said in offering his observations Jan. 22 on “Education Today,” a KPFA radio program.
A long-time activist, community leader, and attorney in the Oakland area, Riley said he has formerly represented Jones but does not at present. His comments and observations, he said, are based on reading public legal documents and following the media coverage.
“I’m always leery … when we see something like this kind of institution going after a (progressive) person such as Sheng Thao,” said Riley. “The (FBI) raid itself violated protocol, influenced the recall election, and should not have been done in the way it was done. That is a violation of protocol of FBI tactics.”
In this case, Riley said, there are “conspirators claiming that they have engaged with the mayor, (but) I don’t see from this indictment the kind of substantiation that I would expect in a complaint that I would be dealing with as a defense attorney.”
“Knowing what a grand jury is helps us to understand what (an indictment) is,” Riley said. “The grand jury does not hear evidence from the defense, does not hear any evidence supporting the targeted person or persons…The grand jury is not a place where there is any chance of [a defendant’s] advocacy.”
Continuing, Riley said: “Grand juries take evidence and statements presented by the prosecution. In this case, they are federal attorneys, U.S. attorneys presenting evidence to the grand jury.
“Historically, what grand juries do is hear what the prosecutor has to say, and if the prosecutor says this is enough evidence, … typically the grand jury will say ‘yes, we agree with you’ to the prosecution.’”
Further, Riley said, “It’s not like a Superior Court judge weighing the evidence and where the defense has an opportunity to present its case, and a judge can make a determination whether or not there’s enough evidence to believe that” a criminal conviction can be obtained beyond a reasonable doubt.
In this case, Riley said, “the charges are largely based on the statements of one witness, an unnamed ‘co-conspirator,’ who has not been indicted. I believe that co-conspirator is Mario Juarez, based on prior news and prior evidence, and prior claims against the Duong family,” said Riley.
In short, the case says that Juarez was engaged in a deal-making process where he claimed he had influence with Mayor Thao and was able to ensure business for the Duongs’ company, California Waste Solutions. Jaurez also said he could also help the Duongs win a contract with the city to build affordable housing.
“From reading the indictment … it appeared (Juarez) claimed he had been able to deliver for the Duong family when, in fact, he hasn’t delivered anything.”
It appears from the charges that Juarez received money from the Duongs by presenting “himself as the entrepreneur who could get this done and that in order to get the money from the Duongs, he told them that he could influence Sheng Thao.”
Riley concluded that “according to the indictment, Juarez presented that he was telling the Duongs he would get a contract and benefits for them and that he took money from the Duongs. But he never delivered anything, and neither Sheng Thao nor the city ever signed any contracts with the Duongs or Juarez.”
