Bay Area

Murder Convictions Thrown Out After Witness Said OPD Officer Paid to Her to Lie

A man who was sentenced to life in prison for a 2011 murder in North Oakland was quietly released from prison last September after a key witness reversed her previous trial testimony, now saying in sworn testimony that she had felt “pressured” to lie on the stand by Oakland police Detective Phong Tran, who secretly paid her thousands of dollars before the trial.

Published

1 year ago

April 3, 2023

Oakland Post

Oakland Police Investigator Phong Tran (right) at the scene of a 2020 homicide. Photo courtesy Darwin BondGraham/Oaklandside.

By Ken Epstein

Giovonte Douglas, who had served nine years in prison, was released along with Cartier Hunter, who was also serving a life sentence for the murder.

The case was first made public this week by journalist Darwin BondGraham in Oaklandside, an online newspaper, which reported that it had learned about the case last week from a criminal justice source in Alameda County.

Prosecutors in former DA Nancy O’Malley’s office ultimately agreed to dismiss the case after Detective Tran admitted in court papers to paying the woman. However, he claimed the amount she was paid was much less than the $30,000 she said she received from him.

According to court records, Tran secretly paid her between $1,500 and $2,000, some of it before the trial.

Tran may also have committed perjury, according to news reports. Court records indicate he testified at the trial that he first met the alleged eyewitness, Aisha Weber, in 2013, two years after the shooting. However, Tran acknowledged recently in court documents that he knew Weber well before the 2011 homicide.

“Tran’s pre-existing relationship with the key witness—essentially his confidential informant—and the cash payments he made to her were not disclosed to Douglas’ attorneys before, during, or after his 2016 trial,” according to Oaklandside.

Former Alameda County District Attorney Nancy O’Malley. Official portrait.

Alameda County Chief Public Defender Brendon Woods. Official portrait.

Detective Tran, a longtime member of the homicide unit, was placed on administrative leave last year in connection with the case but is currently back on duty. In 2021, he earned $427,949.23 in pay and benefits, according to Transparent California.

Matthew Dalton, Douglas’s attorney in the fight to overturn the conviction, said, “I found Detective Tran’s conduct to be shocking,” according to Oaklandside.

“Pretending a witness is simply an unknown Good Samaritan rather than a background informant deprived the prosecution, the defense, and the fact-finders essential information necessary to evaluate her credibility. Similarly, paying a witness is rife with peril. That is why the rules of disclosure are rightly so strict. Secretly paying witnesses is outrageous. In the end, everyone loses: Mr. Douglas, Mr. Hunter, and the family of Charles Butler.”

Butler, a 23-year-old graduate of the Merchant Marine Academy, was shot and killed in 2011, allegedly during an argument over a parking spot in North Oakland. Douglas, 31, and Hunter, 34, were arrested three years later and convicted of murder in 2016.

Weber, the alleged eyewitness, said in her statement that Tran took advantage of her because she was homeless single mother and destitute, pressuring her to testify against the two men.

Alameda County Chief Public Defender Brendon Woods said in a statement reported in the East Bay Times that his office has been “raising alarms” about Tran for years, but that they “fell on deaf ears” during former DA O’Malley’s tenure.

He said his office already has three additional homicide cases where “we raised concerns” about Tran’s ethics.

“We’re hoping things will be different under DA (Pamela) Price and were encouraged when she announced the formation of a Police Accountability Unit,” Woods said to reporters, reported in the East Bay Times.

“We have urged her to investigate Detective Tran’s misconduct and to dismiss all the cases he has worked on — past and present. … How could anyone trust a police officer who keeps secret his relationship with the key witness in a murder case when asked about it in court?”

The Anti Police-Terror Project (APTP) in Oakland also released a statement.

“The Oakland Police Department has and continues to be fraught with corruption and scandals … Incidents like this are exactly why Chief Armstrong needed to be held accountable for his coverup of officer misconduct. This type of behavior is the rule – not the exception,” said Cat Brooks, co-founder of APTP.

“Until we hold these officers accountable, corruption will continue to run rampant, and innocent people will continue to be sent to prison for crimes they did not commit,” Brooks said.

In addition, APTP criticized prosecutors in the case. “Defense attorneys for the exonerated man state that former DA Nancy O’Malley’s office never disclosed that the witness was a paid informant — and public defenders had warned O’Malley’s office about Officer Tran in particular, but she failed to act.

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Activism

S.F. Black Leaders Rally to Protest, Discuss ‘Epidemic’ of Racial Slurs Against Black Students in SF Public School System

Parents at the meeting spoke of their children as no longer feeling safe in school because of bullying and discrimination. Parents also said that reported incidents such as racial slurs and intimidation are not dealt with to their satisfaction and feel ignored.

Published

3 days ago

May 4, 2024

Oakland Post

Rev. Amos C. Brown, president of the San Francisco NAACP and pastor of Third Baptist Church. Photo courtesy Third Baptist Church.

By Carla Thomas

San Francisco’s Third Baptist Church hosted a rally and meeting Sunday to discuss hatred toward African American students of the San Francisco Unified School District (SFUSD).

Rev. Amos C. Brown, president of the San Francisco NAACP and pastor of Third Baptist Church, along with leadership from local civil rights groups, the city’s faith-based community and Black community leadership convened at the church.

“There has been an epidemic of racial slurs and mistreatment of Black children in our public schools in the city,” said Brown. “This will not be tolerated.”

According to civil rights advocate Mattie Scott, students from elementary to high school have reported an extraordinary amount of racial slurs directed at them.

“There is a surge of overt racism in the schools, and our children should not be subjected to this,” said Scott. “Students are in school to learn, develop, and grow, not be hated on,” said Scott. “The parents of the children feel they have not received the support necessary to protect their children.”

Attendees were briefed last Friday in a meeting with SFUSD Superintendent Dr. Matt Wayne.

SFUSD states that their policies protect children and they are not at liberty to publicly discuss the issues to protect the children’s privacy.

Some parents said they have removed their students from school while other parents and community leaders called on the removal of the SFUSD superintendent, the firing of certain school principals and the need for more supportive school board members.

Community advocates discussed boycotting the schools and creating Freedom Schools led by Black leaders and educators, reassuring parents that their child’s wellbeing and education are the highest priority and youth are not to be disrupted by racism or policies that don’t support them.

Virginia Marshall, chair of the San Francisco NAACP’s education committee, offered encouragement to the parents and students in attendance while also announcing an upcoming May 14 school board meeting to demand accountability over their mistreatment.

“I’m urging anyone that cares about our students to pack the May 14 school board meeting,” said Marshall.

This resource was supported in whole or in part by funding provided by the State of California, administered by the California State Library via California Black Media as part of the Stop the Hate Program. The program is supported by partnership with California Department of Social Services and the California Commission on Asian and Pacific Islander American Affairs as part of the Stop the Hate program. To report a hate incident or hate crime and get support, go to CA vs Hate.

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Bay Area

Mayor London Breed: State Awards San Francisco Over $37M for Affordable Housing

On April 30, Mayor London N. Breed announced San Francisco has been awarded more than $37.9 million in funding from the California Department of Housing and Community Development (HCD) as part of the State’s Multifamily Housing Program (MHP). The HCD loan will provide the final funding necessary for development of Casa Adelante – 1515 South Van Ness, a 168-unit affordable housing project located in San Francisco’s Mission District.

Published

3 days ago

May 4, 2024

Oakland Post

San Francisco Mayor London N. Breed (File Photo)

By Oakland Post Staff

The HCD loan will provide the final funding necessary for development of Casa Adelante – 1515 South Van Ness, a 168-unit affordable housing project located in San Francisco’s Mission District.

The new development at 1515 South Van Ness Ave. will provide 168 affordable homes to low-income families, formerly homeless families, and persons living with HIV earning between 25-80% of the San Francisco Area Median Income (AMI).

In addition, the project is anticipated to provide family-friendly amenities and ground floor community-serving commercial spaces that preserve the prevailing neighborhood character of the Calle 24 Latino Cultural District.

“This funding unlocks our ability to move on building affordable housing units for families in San Francisco at a crucial time. We understand the level of need for more housing that is accessible, and like the state, the city continues to face a challenging budget cycle,” said Breed. “1515 South Van Ness is a good example of what can be achieved in San Francisco when you have strong community partnerships and an unwavering commitment to deliver on critical needs for our residents.”

“From the beginning of my term as Supervisor, I have fought to bring affordable housing to 1515 South Van Ness” said Supervisor Hillary Ronen. “In the interim, the site has been utilized for homeless services and shelter, and I am thrilled that HCD has recognized the value of this development, and we are finally ready to break ground and bring 168 affordable homes to low income and formerly homeless families in the Mission.”

Owned and occupied by McMillan Electric Company until 2015, the City and County of San Francisco purchased 1515 South Van Ness Avenue in June 2019 with the intent of developing new affordable housing.

In November 2020, the San Francisco Mayor’s Office of Housing and Community Development (MOHCD) released a Multi-site Request for Qualifications (RFQ) seeking qualified developers to build affordable housing on the site, and subsequently selected Chinatown Community Development Corporation (CCDC) and Mission Economic Development Agency (MEDA) in May 2021 to develop the site.

The project is expected to begin construction in winter 2025.

“A strong, long-term push by Mission advocates to make this site 100% affordable is now paying off, with 168 family units that include services and childcare. People of color communities know what they need, and we are excited to be in partnership with a team, consisting of MEDA, CCDC, and MOHCD, that listens,” said Malcolm Yeung, Executive Director at CCDC.

“We are excited to be in partnership with CCDC, yet again, and for the opportunity to develop intergenerational affordable housing in the City’s Mission District,” said Luis Granados, executive director at MEDA.

Increasing housing affordable to lower-income and vulnerable residents is a key priority in the City’s Housing Element which calls for additional funding for affordable housing production and preservation, as well as Mayor Breed’s Housing for All Executive Directive that sets out the steps the City will take to meet the bold goal of allowing for 82,000 new homes to be built over the next eight years.

Tuesday’s funding announcement emphasizes the importance of regional and state collaboration in order to reach our housing and climate goals.

“We are thrilled—not just to bring a project of this size to a community with great need — but to do so with community-based developers and their partners who understand the neighborhood and sensitivities around cultural preservation,” said HCD Director Gustavo Velasquez.

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Bay Area

East Bay Regional Park District Issues Rattlesnake Advisory

The East Bay Regional Park District released an advisory today on rattlesnakes, which emerge from winter hibernation in early spring and become more active. Warm weather can bring more potential for rattlesnake encounters with humans and dogs, particularly along trails and roads.

Published

3 days ago

May 4, 2024

Oakland Post

The Northern Pacific rattlesnake is the species found in East Bay Regional Parks. Courtesy photo.

The Richmond Standard

The East Bay Regional Park District released an advisory today on rattlesnakes, which emerge from winter hibernation in early spring and become more active.

Warm weather can bring more potential for rattlesnake encounters with humans and dogs, particularly along trails and roads.

Visitors are encouraged to avoid hiking alone in case of an emergency, to scan the ground ahead as they walk, jog or ride, stay on trails avoiding tall grass, and to look carefully around and under logs and rocks before sitting down. Keep your dog on your leash to be extra safe, park officials said.

If you encounter a rattlesnake, leave it alone – it is unlawful to capture or harm one. Move carefully and slowly away or around it and give it plenty of space, park officials said.

Those who are bitten by a rattlesnake are instructed to stay calm by lying down with the affected limb lower than the heart, then having someone call 911.

Getting medical attention is critical.

Those bitten should not use tourniquets, “sucking,” or snake bite kits. If you are by yourself, walk calmly to the nearest source of help to dial 911, do not run.

If bitten by any other type of snake, wash the wound with soap and water or an antiseptic and seek medical attention.

Not sure what bit you? Check the bite for two puncture marks (in rare cases one) associated with intense, burning pain, which is typical of a rattlesnake bite. Other snakebites can leave marks without associated burning pain.

The Northern Pacific rattlesnake is the species found in East Bay Regional Parks. Snakes are important to the natural environment, helping to control rodents and other reptile populations. But enjoy them from afar.

For more information, download the Park District’s Common Snakes brochure or watch our Gopher Snake or Rattlesnake video to learn how to tell the difference between rattlesnakes and gopher snakes. Additional information is available at ebparks.org/safety/wildlife-encounters.