San Francisco District AttorneySan Francisco District Attorney
Official Placed on Leave in SF Bribery Case, City Begins Sweeping Investigation of Contracts
Delays Continue as Attorney for SFPD Officer Who Killed Sean Moore Questions Boudin's Handling of Case
'I Need to Be Able to Go on With My Life': Sean Moore's Mother Is Still Awaiting Justice, Years After Her Son Was Killed by SFPD
District Attorney Releases Video of Banko Brown Shooting at Walgreens, Won't File Charges Against Security Guard
Judge Delays SF DA's Move to Dismiss Homicide Case Against Officer Who Killed Keita O'Neil
Hamasaki Concedes Nearly a Week After Jenkins Declares Victory in SF District Attorney's Race
Though Wage Theft Is a Crime, Few California DAs File Charges for It
Which CA and Bay Area Candidates Are Outraising Their Opponents, and Which Are Trailing Behind?
After Recent Recall, Boudin Rules Out November Run for SF DA
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He appeared in court for the first time Friday, surrounded by a bevy of supporters who nearly filled one side of the courtroom.\u003c/p>\n\u003cfigure id=\"attachment_11959937\" class=\"wp-caption alignnone\" style=\"max-width: 2000px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11959937\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/09/230901-Dwayne-Jones-JFR-KQED.jpg\" alt=\"A group of people in an indoor setting walking through a doorway.\" width=\"2000\" height=\"1333\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/09/230901-Dwayne-Jones-JFR-KQED.jpg 2000w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/230901-Dwayne-Jones-JFR-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/230901-Dwayne-Jones-JFR-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/230901-Dwayne-Jones-JFR-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/230901-Dwayne-Jones-JFR-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/230901-Dwayne-Jones-JFR-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Dwayne Jones (center) appears in court for the first time after being charged with felony counts of bribery and aiding and abetting the misuse of public funds in San Francisco on Sept. 1, 2023. \u003ccite>(Joe Fitzgerald Rodriguez/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Speaking from the steps of the Hall of Justice, one of those supporters, Robert Newt, who grew up in San Francisco and is from the Bayview, said Jones helped Newt turn his life around in the mid-1990s. At the time, Jones hired roughly 80 people at-risk of violence in the neighborhood and helped them change their lives, Newt said, including himself.\u003c/p>\n\u003cp>Now Newt serves in multiple organizations in the neighborhood trying to mentor people away from a life of violence, he said. That’s a path he credits to Jones.\u003c/p>\n\u003cp>“He gave me some encouragement, he gave me some mentoring, and he gave me some guidance,” Newt said. “We’re trying to break the cycle and create generational wealth, and that’s what Dwayne Jones taught me.”\u003c/p>\n\u003cp>Superior Court Judge Victor Hwang delayed Jones’ arraignment to Sept. 18, when he will appear beside Henriquez. He did not yet enter a plea.\u003c/p>\n\u003cp>\u003cstrong>Original story, Thursday, Aug. 31: \u003c/strong>\u003c/p>\n\u003cp>A San Francisco official in charge of disbursing community grants pleaded not guilty in Superior Court Thursday to felony bribery and corruption charges.\u003c/p>\n\u003cp>Lanita Henriquez, 53, who is the \u003ca href=\"https://sf.gov/departments/city-administrator/community-challenge-grant-program\">director of San Francisco’s Community Challenge Grant Program\u003c/a>, was charged with multiple felony counts of bribery, misappropriation of public funds and aiding and abetting a financial conflict of interest in a government contract, District Attorney Brooke Jenkins’ Office announced Tuesday.\u003c/p>\n\u003cp>Jenkins also filed an affidavit in court Thursday that revealed new details about the corruption allegations: That the investigation into the corruption began after a news article initially exposed contracting misconduct, and that other city agencies — like the San Francisco Public Utilities Commission — were also targets of the investigation.\u003c/p>\n\u003cp>In Henriquez’s arraignment Thursday, Superior Court Judge Victor Hwang set a future hearing date of Sept. 18. Henriquez was arrested Tuesday but was later released. She left court Thursday with a small contingent of supporters.[pullquote size=\"medium\" align=\"right\" citation=\"San Francisco District Attorney Brooke Jenkins\"]‘We have a job to ensure that the way that our government functions is legally and ethically.’[/pullquote]Henriquez and her supporters declined to comment.\u003c/p>\n\u003cp>In a press conference Thursday, Jenkins said Henriquez betrayed the public’s trust.\u003c/p>\n\u003cp>“We have a job to ensure that the way that our government functions is legally and ethically,” Jenkins told reporters. “We cannot overlook the fact that in this situation someone was being awarded San Francisco city contracts because he was paying off a city employee. That is illegal and can’t be tolerated in this city.”\u003c/p>\n\u003cp>Henriquez, her family members and close associates allegedly netted nearly $200,000 in bribes from entities controlled by Rudolph Dwayne Jones, 56. In return, Henriquez allegedly awarded 23 contracts worth roughly $1.4 million to entities Jones controlled. The DA’s Office said the scheme ranged from July 2016 through July 2020.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Jones, was also charged in connection with the scheme and is set to appear in court on Friday.\u003c/p>\n\u003cp>Jones is a politically-connected consultant and founder of RDJ Enterprises, a workforce development firm. Jones also served in Gov. Gavin Newsom’s mayoral administration as \u003ca href=\"https://www.rdjent.biz/team\">San Francisco’s director of the Mayor’s Office of Community Development\u003c/a>.\u003c/p>\n\u003cp>The contracts Henriquez awarded came from the Community Challenge Grant Program, which was created by San Francisco voters after the passage of Proposition D on the June 1990 ballot. Although those funds eventually made their way to RDJ Enterprises, other entities served as a fiscal sponsor, like the \u003ca href=\"https://www.aprisf.org/about-us.html\">A. Philip Randolph Institute’s San Francisco Chapter\u003c/a>, according to the affidavit.\u003c/p>\n\u003cfigure id=\"attachment_11959837\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/230831-BROOKE-JENKINS-JR-KQED.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11959837\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/230831-BROOKE-JENKINS-JR-KQED-800x533.jpg\" alt=\"A person stands speaks from behind a podium in front of a large bookcase of law books.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/230831-BROOKE-JENKINS-JR-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/230831-BROOKE-JENKINS-JR-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/230831-BROOKE-JENKINS-JR-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/230831-BROOKE-JENKINS-JR-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/230831-BROOKE-JENKINS-JR-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/230831-BROOKE-JENKINS-JR-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">SF District Attorney Brooke Jenkins addresses charges against an SF city official accused of taking bribes to award city contracts on Aug. 31, 2023. \u003ccite>(Joe Fitzgerald Rodriguez/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We are not alleging any misconduct by the A. Philip Randolph Institute whatsoever,” Jenkins said Thursday.\u003c/p>\n\u003cp>District Attorney Jenkins also charged Jones with one count of misappropriation of public money, and 23 counts of aiding and abetting a financial conflict of interest in a government contract.\u003c/p>\n\u003cp>Jones is set to appear in court Friday.\u003c/p>\n\u003cp>Herniquez earned a salary of $157,000 in 2022, \u003ca href=\"https://transparentcalifornia.com/salaries/search/?q=lanita+henriquez\">according to Transparent California\u003c/a>, a database of California public employee salaries. Jones allegedly paid Henriquez, her family members and close associates through 48 separate checks written directly from his company, RDJ Enterprises.\u003c/p>\n\u003cp>The District Attorney’s Office highlighted some of the numerous emails and text messages that allegedly show the scheme at play, including a Feb. 26, 2019 email between Henriquez and one of the people she helped take money from Jones.\u003c/p>\n\u003cp>“When you cash the check, you keep $400. I’ll give you $4000 out the money. So you’ll get $4000 a check … we’ll get one every month for the next 10 mons,” Henriquez wrote this person, who was either close family or an associate. The next day, that unnamed payee cashed a check from RDJ Enterprises at a Wells Fargo Bank branch in Oakland.[aside postID=\"news_11923588,news_11955753,news_11801734\" label=\"Related Stories\"]At least one witness told investigators that Henriquez dated Jones, which was “part of my concern with Dwayne.”\u003c/p>\n\u003cp>The charges against Henriquez and Jones were the result of a partnership between the DA’s office and FBI, coming on the heels of multiple developments in a wide-ranging San Francisco City Hall corruption scandal that was \u003ca href=\"https://www.kqed.org/news/11923588/disgraced-former-sf-public-works-chief-mohammed-nuru-sentenced-to-7-years-for-bribery-scheme\">revealed in 2020\u003c/a>.\u003c/p>\n\u003cp>The investigation started in the District Attorney’s Office in 2021 under then-District Attorney Chesa Boudin, when an unnamed-newspaper article pointed to corruption on the part of Jones, according to an affidavit the DA’s Office filed Thursday. Jones allegedly used his position as a San Francisco Public Utilities Commission consultant to “steer payments” from SFPUC contractors away from charitable causes and into a nonprofit organization he was associated with, called the \u003ca href=\"https://www.nbcbayarea.com/investigations/critics-fear-insiders-cashing-in-on-sfpuc-benefits-program/2430618/\">Southeast Consortium for Equitable Partnerships\u003c/a>.\u003c/p>\n\u003cp>That news article prompted Jon Golinger, \u003ca href=\"https://48hills.org/2017/10/save-sf-heart/\">a former city activist\u003c/a> and later-San Francisco District Attorney’s Office Investigator, to investigate Jones.\u003c/p>\n\u003cp>Once Golinger obtained Jones’ bank records through a warrant, he “discovered evidence leading him to believe that (Jones) may have committed additional criminal misconduct in relation to a different San Francisco city agency,” according to the affidavit.\u003c/p>\n\u003cp>That agency is the Office of the City Administrator, which oversees the community challenge grant program that Henriquez disbursed contracts for. The Office of the City Administrator has been touched by another scandal, as former City Administrator Naomi Kelly stepped down amid allegations that her husband, Harlan Kelly, took bribes from a city contractor, including while on a trip to China that both Kelly’s, husband and wife, attended. Harlan Kelly was \u003ca href=\"https://www.kqed.org/news/11955753/jury-convicts-top-sf-official-in-corruption-trial-here-are-5-takeaways\">convicted on bribery charges just last month\u003c/a>.\u003c/p>\n\u003cp>When asked if other city agencies are under investigation related to Jones’ activities, Jenkins declined to comment.\u003c/p>\n\u003cp>In mid-July, a former senior inspector in the Department of Building Inspection, Bernie Curran, was sentenced to a year-and-a-day in federal prison for accepting bribes to perform his job.\u003c/p>\n\u003cp>And, just last week, Rodrigo Santos, a former City College of San Francisco trustee and president of the Building Inspection Commission, who was appointed by mayors Willie Brown, Gavin Newsom, and Ed Lee, was \u003ca href=\"https://missionlocal.org/2023/07/bernie-curran-disgraced-building-inspector-sentenced-to-a-year-and-a-day/\">sentenced to two-and-a-half years in federal prison\u003c/a> for stealing roughly $1.6 million from his clients and business partner.\u003c/p>\n\u003cp>A San Francisco City Attorney’s Office civil lawsuit against Santos for defrauding clients, illegally excavating in city neighborhoods and completing unpermitted work is ongoing.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"After a San Francisco official pleaded not guilty Thursday to felony bribery and corruption charges, the city moved forward Friday with a number of actions to limit the impact of the alleged bribery scheme.","status":"publish","parent":0,"modified":1693605086,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":37,"wordCount":1511},"headData":{"title":"Official Placed on Leave in SF Bribery Case, City Begins Sweeping Investigation of Contracts | KQED","description":"After a San Francisco official pleaded not guilty Thursday to felony bribery and corruption charges, the city moved forward Friday with a number of actions to limit the impact of the alleged bribery scheme.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Official Placed on Leave in SF Bribery Case, City Begins Sweeping Investigation of Contracts","datePublished":"2023-09-01T01:10:17.000Z","dateModified":"2023-09-01T21:51:26.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11959861/sf-official-pleads-not-guilty-to-bribery-misappropriation-of-funds-charges","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update, 1 p.m. Friday:\u003c/strong> After a San Francisco official pleaded not guilty on Thursday to felony bribery and corruption charges, the city still moved forward Friday with a number of actions aimed to limit the impact of the alleged bribery scheme.\u003c/p>\n\u003cp>The City Administrator’s Office announced it would place Lanita Henriquez on paid administrative leave following felony charges that she took bribes to award $1.4 million in contracts to an organization run by her co-conspirator, Dwayne Jones.\u003c/p>\n\u003cp>All the city grants Henriquez awarded to his group, RDJ Enterprises, as well as other organizations, will also be reviewed by the City Attorney’s Office in an integrity review, which looks for corruption issues, a spokesperson announced.\u003c/p>\n\u003cp>Additionally, the city attorney and city administrator began a process to bar Jones, and any of his affiliates, from taking any other contracts with the city.\u003c/p>\n\u003cp>District Attorney Brooke Jenkins also charged Jones, who was arrested separately from Henriquez, in connection with the bribery scheme. He appeared in court for the first time Friday, surrounded by a bevy of supporters who nearly filled one side of the courtroom.\u003c/p>\n\u003cfigure id=\"attachment_11959937\" class=\"wp-caption alignnone\" style=\"max-width: 2000px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11959937\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/09/230901-Dwayne-Jones-JFR-KQED.jpg\" alt=\"A group of people in an indoor setting walking through a doorway.\" width=\"2000\" height=\"1333\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/09/230901-Dwayne-Jones-JFR-KQED.jpg 2000w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/230901-Dwayne-Jones-JFR-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/230901-Dwayne-Jones-JFR-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/230901-Dwayne-Jones-JFR-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/230901-Dwayne-Jones-JFR-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/230901-Dwayne-Jones-JFR-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Dwayne Jones (center) appears in court for the first time after being charged with felony counts of bribery and aiding and abetting the misuse of public funds in San Francisco on Sept. 1, 2023. \u003ccite>(Joe Fitzgerald Rodriguez/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Speaking from the steps of the Hall of Justice, one of those supporters, Robert Newt, who grew up in San Francisco and is from the Bayview, said Jones helped Newt turn his life around in the mid-1990s. At the time, Jones hired roughly 80 people at-risk of violence in the neighborhood and helped them change their lives, Newt said, including himself.\u003c/p>\n\u003cp>Now Newt serves in multiple organizations in the neighborhood trying to mentor people away from a life of violence, he said. That’s a path he credits to Jones.\u003c/p>\n\u003cp>“He gave me some encouragement, he gave me some mentoring, and he gave me some guidance,” Newt said. “We’re trying to break the cycle and create generational wealth, and that’s what Dwayne Jones taught me.”\u003c/p>\n\u003cp>Superior Court Judge Victor Hwang delayed Jones’ arraignment to Sept. 18, when he will appear beside Henriquez. He did not yet enter a plea.\u003c/p>\n\u003cp>\u003cstrong>Original story, Thursday, Aug. 31: \u003c/strong>\u003c/p>\n\u003cp>A San Francisco official in charge of disbursing community grants pleaded not guilty in Superior Court Thursday to felony bribery and corruption charges.\u003c/p>\n\u003cp>Lanita Henriquez, 53, who is the \u003ca href=\"https://sf.gov/departments/city-administrator/community-challenge-grant-program\">director of San Francisco’s Community Challenge Grant Program\u003c/a>, was charged with multiple felony counts of bribery, misappropriation of public funds and aiding and abetting a financial conflict of interest in a government contract, District Attorney Brooke Jenkins’ Office announced Tuesday.\u003c/p>\n\u003cp>Jenkins also filed an affidavit in court Thursday that revealed new details about the corruption allegations: That the investigation into the corruption began after a news article initially exposed contracting misconduct, and that other city agencies — like the San Francisco Public Utilities Commission — were also targets of the investigation.\u003c/p>\n\u003cp>In Henriquez’s arraignment Thursday, Superior Court Judge Victor Hwang set a future hearing date of Sept. 18. Henriquez was arrested Tuesday but was later released. She left court Thursday with a small contingent of supporters.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘We have a job to ensure that the way that our government functions is legally and ethically.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"San Francisco District Attorney Brooke Jenkins","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Henriquez and her supporters declined to comment.\u003c/p>\n\u003cp>In a press conference Thursday, Jenkins said Henriquez betrayed the public’s trust.\u003c/p>\n\u003cp>“We have a job to ensure that the way that our government functions is legally and ethically,” Jenkins told reporters. “We cannot overlook the fact that in this situation someone was being awarded San Francisco city contracts because he was paying off a city employee. That is illegal and can’t be tolerated in this city.”\u003c/p>\n\u003cp>Henriquez, her family members and close associates allegedly netted nearly $200,000 in bribes from entities controlled by Rudolph Dwayne Jones, 56. In return, Henriquez allegedly awarded 23 contracts worth roughly $1.4 million to entities Jones controlled. The DA’s Office said the scheme ranged from July 2016 through July 2020.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Jones, was also charged in connection with the scheme and is set to appear in court on Friday.\u003c/p>\n\u003cp>Jones is a politically-connected consultant and founder of RDJ Enterprises, a workforce development firm. Jones also served in Gov. Gavin Newsom’s mayoral administration as \u003ca href=\"https://www.rdjent.biz/team\">San Francisco’s director of the Mayor’s Office of Community Development\u003c/a>.\u003c/p>\n\u003cp>The contracts Henriquez awarded came from the Community Challenge Grant Program, which was created by San Francisco voters after the passage of Proposition D on the June 1990 ballot. Although those funds eventually made their way to RDJ Enterprises, other entities served as a fiscal sponsor, like the \u003ca href=\"https://www.aprisf.org/about-us.html\">A. Philip Randolph Institute’s San Francisco Chapter\u003c/a>, according to the affidavit.\u003c/p>\n\u003cfigure id=\"attachment_11959837\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/230831-BROOKE-JENKINS-JR-KQED.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11959837\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/230831-BROOKE-JENKINS-JR-KQED-800x533.jpg\" alt=\"A person stands speaks from behind a podium in front of a large bookcase of law books.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/230831-BROOKE-JENKINS-JR-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/230831-BROOKE-JENKINS-JR-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/230831-BROOKE-JENKINS-JR-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/230831-BROOKE-JENKINS-JR-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/230831-BROOKE-JENKINS-JR-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/230831-BROOKE-JENKINS-JR-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">SF District Attorney Brooke Jenkins addresses charges against an SF city official accused of taking bribes to award city contracts on Aug. 31, 2023. \u003ccite>(Joe Fitzgerald Rodriguez/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We are not alleging any misconduct by the A. Philip Randolph Institute whatsoever,” Jenkins said Thursday.\u003c/p>\n\u003cp>District Attorney Jenkins also charged Jones with one count of misappropriation of public money, and 23 counts of aiding and abetting a financial conflict of interest in a government contract.\u003c/p>\n\u003cp>Jones is set to appear in court Friday.\u003c/p>\n\u003cp>Herniquez earned a salary of $157,000 in 2022, \u003ca href=\"https://transparentcalifornia.com/salaries/search/?q=lanita+henriquez\">according to Transparent California\u003c/a>, a database of California public employee salaries. Jones allegedly paid Henriquez, her family members and close associates through 48 separate checks written directly from his company, RDJ Enterprises.\u003c/p>\n\u003cp>The District Attorney’s Office highlighted some of the numerous emails and text messages that allegedly show the scheme at play, including a Feb. 26, 2019 email between Henriquez and one of the people she helped take money from Jones.\u003c/p>\n\u003cp>“When you cash the check, you keep $400. I’ll give you $4000 out the money. So you’ll get $4000 a check … we’ll get one every month for the next 10 mons,” Henriquez wrote this person, who was either close family or an associate. The next day, that unnamed payee cashed a check from RDJ Enterprises at a Wells Fargo Bank branch in Oakland.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11923588,news_11955753,news_11801734","label":"Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>At least one witness told investigators that Henriquez dated Jones, which was “part of my concern with Dwayne.”\u003c/p>\n\u003cp>The charges against Henriquez and Jones were the result of a partnership between the DA’s office and FBI, coming on the heels of multiple developments in a wide-ranging San Francisco City Hall corruption scandal that was \u003ca href=\"https://www.kqed.org/news/11923588/disgraced-former-sf-public-works-chief-mohammed-nuru-sentenced-to-7-years-for-bribery-scheme\">revealed in 2020\u003c/a>.\u003c/p>\n\u003cp>The investigation started in the District Attorney’s Office in 2021 under then-District Attorney Chesa Boudin, when an unnamed-newspaper article pointed to corruption on the part of Jones, according to an affidavit the DA’s Office filed Thursday. Jones allegedly used his position as a San Francisco Public Utilities Commission consultant to “steer payments” from SFPUC contractors away from charitable causes and into a nonprofit organization he was associated with, called the \u003ca href=\"https://www.nbcbayarea.com/investigations/critics-fear-insiders-cashing-in-on-sfpuc-benefits-program/2430618/\">Southeast Consortium for Equitable Partnerships\u003c/a>.\u003c/p>\n\u003cp>That news article prompted Jon Golinger, \u003ca href=\"https://48hills.org/2017/10/save-sf-heart/\">a former city activist\u003c/a> and later-San Francisco District Attorney’s Office Investigator, to investigate Jones.\u003c/p>\n\u003cp>Once Golinger obtained Jones’ bank records through a warrant, he “discovered evidence leading him to believe that (Jones) may have committed additional criminal misconduct in relation to a different San Francisco city agency,” according to the affidavit.\u003c/p>\n\u003cp>That agency is the Office of the City Administrator, which oversees the community challenge grant program that Henriquez disbursed contracts for. The Office of the City Administrator has been touched by another scandal, as former City Administrator Naomi Kelly stepped down amid allegations that her husband, Harlan Kelly, took bribes from a city contractor, including while on a trip to China that both Kelly’s, husband and wife, attended. Harlan Kelly was \u003ca href=\"https://www.kqed.org/news/11955753/jury-convicts-top-sf-official-in-corruption-trial-here-are-5-takeaways\">convicted on bribery charges just last month\u003c/a>.\u003c/p>\n\u003cp>When asked if other city agencies are under investigation related to Jones’ activities, Jenkins declined to comment.\u003c/p>\n\u003cp>In mid-July, a former senior inspector in the Department of Building Inspection, Bernie Curran, was sentenced to a year-and-a-day in federal prison for accepting bribes to perform his job.\u003c/p>\n\u003cp>And, just last week, Rodrigo Santos, a former City College of San Francisco trustee and president of the Building Inspection Commission, who was appointed by mayors Willie Brown, Gavin Newsom, and Ed Lee, was \u003ca href=\"https://missionlocal.org/2023/07/bernie-curran-disgraced-building-inspector-sentenced-to-a-year-and-a-day/\">sentenced to two-and-a-half years in federal prison\u003c/a> for stealing roughly $1.6 million from his clients and business partner.\u003c/p>\n\u003cp>A San Francisco City Attorney’s Office civil lawsuit against Santos for defrauding clients, illegally excavating in city neighborhoods and completing unpermitted work is ongoing.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11959861/sf-official-pleads-not-guilty-to-bribery-misappropriation-of-funds-charges","authors":["11690"],"categories":["news_6188","news_8"],"tags":["news_33122","news_33121","news_29462","news_559","news_33123"],"featImg":"news_11959864","label":"news"},"news_11950914":{"type":"posts","id":"news_11950914","meta":{"index":"posts_1591205157","site":"news","id":"11950914","score":null,"sort":[1685134246000]},"guestAuthors":[],"slug":"delays-continue-as-attorney-for-sfpd-officer-who-killed-sean-moore-questions-boudins-handling-of-case","title":"Delays Continue as Attorney for SFPD Officer Who Killed Sean Moore Questions Boudin's Handling of Case","publishDate":1685134246,"format":"standard","headTitle":"Delays Continue as Attorney for SFPD Officer Who Killed Sean Moore Questions Boudin’s Handling of Case | KQED","labelTerm":{"site":"news"},"content":"\u003cp>A San Francisco Superior Court judge granted another delay before the first hearing of the police officer who shot \u003ca href=\"https://www.kqed.org/news/11950110/the-family-of-sean-moore-waits-for-justice-sean-moores-family-waits-for-justice\">Sean Moore\u003c/a>, an unarmed Black man, on the steps of his Ingleside neighborhood home in 2017.\u003c/p>\n\u003cp>The case has languished in its earliest stages since 2021. The hearing was rescheduled for June 23.\u003c/p>\n\u003cp>Moore died of his injuries in 2020. The next year, then-San Francisco District Attorney Chesa Boudin charged SFPD Officer Kenneth Cha with manslaughter, only the second time in city history an officer was charged regarding an on-duty killing.\u003c/p>\n\u003cfigure id=\"attachment_11950921\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11950921 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/020_KQED_SeanMoorePressConf_05262023.jpg\" alt='A group of people are gathered on the steps of the Hall of Justice in San Francisco. One woman is behind a walker. Many have signs in their hands that read, \"Justice for Sean Moore,\" \"Say his name Sean Moore.\"' width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/020_KQED_SeanMoorePressConf_05262023.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/020_KQED_SeanMoorePressConf_05262023-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/020_KQED_SeanMoorePressConf_05262023-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/020_KQED_SeanMoorePressConf_05262023-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/020_KQED_SeanMoorePressConf_05262023-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">The family of Sean Moore and their supporters gather outside the Hall of Justice in San Francisco. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But in this newest delay, the defense attorney for Cha, Scott Burrell, hinted how he may seek to have the case thrown out. In court Friday, which he attended via Zoom, Burrell said the San Francisco District Attorney’s Office under Boudin may have withheld evidence helpful to his client.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“I’m preparing a motion, an important motion, based on irregularities of this case, based on information I just received, related to Brady issues, related to how this case was handled from the very beginning,” Burrell told Superior Court Judge Loretta M. Giorgi.\u003c/p>\n\u003cp>The Brady rule that Burrell invoked prevents prosecutors from withholding evidence that could help the defense in their case.\u003c/p>\n\u003cp>[aside label='More Stories on Sean Moore' tag='sean-moore']\u003c/p>\n\u003cp>“This case was initially prosecuted by the previous office,” Burrell said, referring to Boudin, who was recalled by voters last year.\u003c/p>\n\u003cp>“I’m aware,” Giorgi dryly responded.\u003c/p>\n\u003cp>The DA’s office is now under the purview of Brooke Jenkins. The prosecutor assigned to the case, Darby Williams, did not object to Burrell’s request for an extension. In fact, she asked for an additional week of delay due to what she called a “personal issue.”\u003c/p>\n\u003cp>Cha was responding to a noise complaint at 4 a.m. on Jan. 6, 2017, when he and his partner arrived at Moore’s front gate. Moore, who was diagnosed with bipolar disorder and schizophrenia, argued with officers and a fight ensued. Cha shot Moore twice.\u003c/p>\n\u003cfigure id=\"attachment_11950923\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11950923 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/007_KQED_SeanMoorePressConf_05262023.jpg\" alt='People gather on the steps of the Hall of Justice in San Francisco. A news reporter holds out an ABC7 microphone toward a woman with shoulder-length, brown hair and a navy coat on. Many people surround her. Some people hold signs that read, \"Police accountability now!\"' width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/007_KQED_SeanMoorePressConf_05262023.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/007_KQED_SeanMoorePressConf_05262023-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/007_KQED_SeanMoorePressConf_05262023-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/007_KQED_SeanMoorePressConf_05262023-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/007_KQED_SeanMoorePressConf_05262023-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Attorney Rebecca Young speaks alongside the family of Sean Moore and their supporters outside the Hall of Justice in San Francisco. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Rebecca Young, a private attorney who headed the Cha case before being fired by Jenkins — among many Boudin-era staffers — said she believes Burrell will seek to dismiss the case using arguments from a letter Jenkins wrote when she sought to dismiss the Keita O’Neil case in February. Jenkins claimed Boudin acted improperly when he brought charges against SFPD Officer Christopher Samayoa, who fatally shot the unarmed O’Neil in 2017.\u003c/p>\n\u003cfigure id=\"attachment_11950922\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11950922 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/006_KQED_SeanMoorePressConf_05262023.jpg\" alt='A woman with a green headscarf and black face mask holds a green sign that reads, \"Justice for Sean Moore!\"' width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/006_KQED_SeanMoorePressConf_05262023.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/006_KQED_SeanMoorePressConf_05262023-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/006_KQED_SeanMoorePressConf_05262023-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/006_KQED_SeanMoorePressConf_05262023-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/006_KQED_SeanMoorePressConf_05262023-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A supporter holds a sign that reads, ‘Justice for Sean Moore.’ Many gathered outside the Hall of Justice to support Cleo Moore, the mother of Sean Moore. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Think he’s taking his lead from what Brooke Jenkins said when she dismissed the case against Officer Samayoa,” said Young, who attended the court hearing Friday.\u003c/p>\n\u003cp>Moore’s mother, Cleo Moore, 84, expressed frustration that the case against the officer who killed her son would be delayed yet again.[pullquote size=\"medium\" align=\"right\" citation=\"Cleo Moore, mother of Sean Moore\"]‘That’s my child. He did not deserve to be killed.’[/pullquote]“I’ve heard from different people how sometimes [attorneys try to] delay the system,” she said. “They wear you out and you get tired, and then you don’t show up to represent. I don’t know if that’s true. But I’m coming. I’m coming. I’m not tired.\u003c/p>\n\u003cp>“That’s my child. He did not deserve to be killed.”\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"A San Francisco judge granted another delay before the first hearing of SFPD Officer Kenneth Cha, who was charged with manslaughter in the 2017 killing of Sean Moore, an unarmed Black man.","status":"publish","parent":0,"modified":1685144293,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":17,"wordCount":660},"headData":{"title":"Delays Continue as Attorney for SFPD Officer Who Killed Sean Moore Questions Boudin's Handling of Case | KQED","description":"A San Francisco judge granted another delay before the first hearing of SFPD Officer Kenneth Cha, who was charged with manslaughter in the 2017 killing of Sean Moore, an unarmed Black man.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Delays Continue as Attorney for SFPD Officer Who Killed Sean Moore Questions Boudin's Handling of Case","datePublished":"2023-05-26T20:50:46.000Z","dateModified":"2023-05-26T23:38:13.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11950914/delays-continue-as-attorney-for-sfpd-officer-who-killed-sean-moore-questions-boudins-handling-of-case","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A San Francisco Superior Court judge granted another delay before the first hearing of the police officer who shot \u003ca href=\"https://www.kqed.org/news/11950110/the-family-of-sean-moore-waits-for-justice-sean-moores-family-waits-for-justice\">Sean Moore\u003c/a>, an unarmed Black man, on the steps of his Ingleside neighborhood home in 2017.\u003c/p>\n\u003cp>The case has languished in its earliest stages since 2021. The hearing was rescheduled for June 23.\u003c/p>\n\u003cp>Moore died of his injuries in 2020. The next year, then-San Francisco District Attorney Chesa Boudin charged SFPD Officer Kenneth Cha with manslaughter, only the second time in city history an officer was charged regarding an on-duty killing.\u003c/p>\n\u003cfigure id=\"attachment_11950921\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11950921 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/020_KQED_SeanMoorePressConf_05262023.jpg\" alt='A group of people are gathered on the steps of the Hall of Justice in San Francisco. One woman is behind a walker. Many have signs in their hands that read, \"Justice for Sean Moore,\" \"Say his name Sean Moore.\"' width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/020_KQED_SeanMoorePressConf_05262023.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/020_KQED_SeanMoorePressConf_05262023-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/020_KQED_SeanMoorePressConf_05262023-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/020_KQED_SeanMoorePressConf_05262023-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/020_KQED_SeanMoorePressConf_05262023-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">The family of Sean Moore and their supporters gather outside the Hall of Justice in San Francisco. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But in this newest delay, the defense attorney for Cha, Scott Burrell, hinted how he may seek to have the case thrown out. In court Friday, which he attended via Zoom, Burrell said the San Francisco District Attorney’s Office under Boudin may have withheld evidence helpful to his client.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“I’m preparing a motion, an important motion, based on irregularities of this case, based on information I just received, related to Brady issues, related to how this case was handled from the very beginning,” Burrell told Superior Court Judge Loretta M. Giorgi.\u003c/p>\n\u003cp>The Brady rule that Burrell invoked prevents prosecutors from withholding evidence that could help the defense in their case.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More Stories on Sean Moore ","tag":"sean-moore"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“This case was initially prosecuted by the previous office,” Burrell said, referring to Boudin, who was recalled by voters last year.\u003c/p>\n\u003cp>“I’m aware,” Giorgi dryly responded.\u003c/p>\n\u003cp>The DA’s office is now under the purview of Brooke Jenkins. The prosecutor assigned to the case, Darby Williams, did not object to Burrell’s request for an extension. In fact, she asked for an additional week of delay due to what she called a “personal issue.”\u003c/p>\n\u003cp>Cha was responding to a noise complaint at 4 a.m. on Jan. 6, 2017, when he and his partner arrived at Moore’s front gate. Moore, who was diagnosed with bipolar disorder and schizophrenia, argued with officers and a fight ensued. Cha shot Moore twice.\u003c/p>\n\u003cfigure id=\"attachment_11950923\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11950923 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/007_KQED_SeanMoorePressConf_05262023.jpg\" alt='People gather on the steps of the Hall of Justice in San Francisco. A news reporter holds out an ABC7 microphone toward a woman with shoulder-length, brown hair and a navy coat on. Many people surround her. Some people hold signs that read, \"Police accountability now!\"' width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/007_KQED_SeanMoorePressConf_05262023.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/007_KQED_SeanMoorePressConf_05262023-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/007_KQED_SeanMoorePressConf_05262023-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/007_KQED_SeanMoorePressConf_05262023-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/007_KQED_SeanMoorePressConf_05262023-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Attorney Rebecca Young speaks alongside the family of Sean Moore and their supporters outside the Hall of Justice in San Francisco. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Rebecca Young, a private attorney who headed the Cha case before being fired by Jenkins — among many Boudin-era staffers — said she believes Burrell will seek to dismiss the case using arguments from a letter Jenkins wrote when she sought to dismiss the Keita O’Neil case in February. Jenkins claimed Boudin acted improperly when he brought charges against SFPD Officer Christopher Samayoa, who fatally shot the unarmed O’Neil in 2017.\u003c/p>\n\u003cfigure id=\"attachment_11950922\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11950922 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/006_KQED_SeanMoorePressConf_05262023.jpg\" alt='A woman with a green headscarf and black face mask holds a green sign that reads, \"Justice for Sean Moore!\"' width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/006_KQED_SeanMoorePressConf_05262023.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/006_KQED_SeanMoorePressConf_05262023-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/006_KQED_SeanMoorePressConf_05262023-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/006_KQED_SeanMoorePressConf_05262023-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/006_KQED_SeanMoorePressConf_05262023-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A supporter holds a sign that reads, ‘Justice for Sean Moore.’ Many gathered outside the Hall of Justice to support Cleo Moore, the mother of Sean Moore. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Think he’s taking his lead from what Brooke Jenkins said when she dismissed the case against Officer Samayoa,” said Young, who attended the court hearing Friday.\u003c/p>\n\u003cp>Moore’s mother, Cleo Moore, 84, expressed frustration that the case against the officer who killed her son would be delayed yet again.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘That’s my child. He did not deserve to be killed.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Cleo Moore, mother of Sean Moore","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“I’ve heard from different people how sometimes [attorneys try to] delay the system,” she said. “They wear you out and you get tired, and then you don’t show up to represent. I don’t know if that’s true. But I’m coming. I’m coming. I’m not tired.\u003c/p>\n\u003cp>“That’s my child. He did not deserve to be killed.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11950914/delays-continue-as-attorney-for-sfpd-officer-who-killed-sean-moore-questions-boudins-handling-of-case","authors":["11690"],"categories":["news_6188","news_8"],"tags":["news_31298","news_24162","news_31984","news_30180","news_559","news_545","news_30179"],"featImg":"news_11950920","label":"news"},"news_11949359":{"type":"posts","id":"news_11949359","meta":{"index":"posts_1591205157","site":"news","id":"11949359","score":null,"sort":[1684449605000]},"guestAuthors":[],"slug":"i-need-to-be-able-to-go-on-with-my-life-sean-moores-mother-is-still-awaiting-justice-years-after-her-son-was-killed-by-sfpd","title":"'I Need to Be Able to Go on With My Life': Sean Moore's Mother Is Still Awaiting Justice, Years After Her Son Was Killed by SFPD","publishDate":1684449605,"format":"standard","headTitle":"‘I Need to Be Able to Go on With My Life’: Sean Moore’s Mother Is Still Awaiting Justice, Years After Her Son Was Killed by SFPD | KQED","labelTerm":{"site":"news"},"content":"\u003cp>Cleo Moore is tired of waiting.\u003c/p>\n\u003cp>She’s 84, and instead of celebrating the joy of her new great-grandchild, she spends much of her time waiting to hear back from San Francisco District Attorney Brooke Jenkins about the status of a case involving the police officer who shot her son, Sean, in 2017.\u003c/p>\n\u003cp>Sean Moore, a Black man who was unarmed when he was shot, died three years later from complications related to the injury.\u003c/p>\n\u003cp>While the officer who shot him was charged with manslaughter, the case has dragged on for two years without a preliminary hearing — usually considered an early step in a trial.\u003c/p>\n\u003cp>The delay has taken a toll.\u003c/p>\n\u003cp>“My days are spent going from one graveyard to the other,” said Moore, who is mourning both her son and her late husband. “I need to get over this. I need to be able to go on with my life.”\u003c/p>\n\u003cp>Moore believes her son was given less opportunity than many other people to turn his life around because he was Black. And since his death, she too has felt marginalized in her now years-long effort to advance the case against the officer who pulled the trigger.\u003c/p>\n\u003cfigure id=\"attachment_11949391\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11949391\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS64213_001_KQED_SeanMooreFamily_03312023-qut.jpg\" alt=\"A middle-aged African American man and an older African American woman at home, woman is seated, the man is standing as they look at the camera with sullen expressions.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS64213_001_KQED_SeanMooreFamily_03312023-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS64213_001_KQED_SeanMooreFamily_03312023-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS64213_001_KQED_SeanMooreFamily_03312023-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS64213_001_KQED_SeanMooreFamily_03312023-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS64213_001_KQED_SeanMooreFamily_03312023-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Sean Moore’s brother, Kenneth Blackmon, and mother, Cleo Moore, sit at the kitchen table at her home in Daly City on March 31, 2023. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In 2021, then-DA Chesa Boudin \u003ca href=\"https://www.kqed.org/news/11894821/sf-da-charges-officer-with-homicide-in-2017-on-duty-shooting-of-sean-moore\">charged SFPD officer Kenneth Cha\u003c/a> with involuntary manslaughter and assault for Moore’s death, marking only the second time the city has ever filed homicide charges against an officer for an on-duty incident.\u003c/p>\n\u003cp>Now, nearly a year since Boudin’s recall, the decision to pursue a case against Cha lies in the hands of Jenkins. And the chances of her moving forward with it, many observers say, do not look promising.\u003c/p>\n\u003cp>Last month, Moore’s trust in Jenkins was shaken when the district attorney canceled a meeting Moore scheduled with her to discuss the case. Even before that, Moore had little confidence in Jenkins’ commitment to prosecute police, after the DA’s office \u003ca href=\"https://www.kqed.org/news/11940624/blaming-boudin-sf-d-a-brooke-jenkins-wants-to-dismiss-historic-case-against-sfpd-officer-who-killed-keita-oneil\">dismissed charges earlier this year against former SFPD officer Christopher Samayoa\u003c/a>, who in 2017 shot and killed Keita O’Neil, also an unarmed Black man.\u003c/p>\n\u003cp>Jenkins’ office did not respond to requests for an interview and declined to comment.\u003c/p>\n\u003cp>Despite the years of waiting, Moore was offered a glimmer of hope in late April when she told San Francisco Superior Court Judge Loretta M. Giorgi that too much time had passed since Cha had been charged.[pullquote align=\"right\" size=\"medium\" citation=\"Cleo Moore, mother of Sean Moore\"]‘My days are spent going from one graveyard to the other. I need to get over this. I need to be able to go on with my life.’[/pullquote]“Please, I need some justice. I hear the defense attorney needs more time. He needs more evidence. What more time does he need to have?” she told the judge in court.\u003c/p>\n\u003cp>Giorgi agreed.\u003c/p>\n\u003cp>“I let [the attorneys] know when we come back in four weeks we will set a preliminary hearing,” Giorgi said. “I’m going to push them. I promise you, I’m going to push them.”\u003c/p>\n\u003cp>But when Giorgi told the defense and prosecution to be ready for that now-scheduled May 26 court date, Assistant District Attorney Darby Williams asked the judge if she could approach the bench and conferred with her and the defense in a hushed tone, inaudible to others in the courtroom.\u003c/p>\n\u003cp>It’s those kinds of secretive exchanges that worry Moore, she says, leaving her with little left to cling to except faith.\u003c/p>\n\u003cp>“I can’t even grieve for my son being gone because I have to listen to all this garbage,” she said.\u003c/p>\n\u003ch2>A mental health struggle\u003c/h2>\n\u003cp>The few images the public has seen of Sean Moore are mostly taken from body camera footage from the night officers showed up at his doorstep and later shot him. The 46-year-old, who claimed he was being unduly harassed, appears enraged.\u003c/p>\n\u003cp>But in Cleo Moore’s Daly City home, photos of her son during happier times are laid out across her piano like a shrine. In one, Sean embraces family members. In another he wraps his arms around his prom date. A third captures him smiling broadly, as he poses in a bright red-and-white uniform, holding a baseball bat.\u003c/p>\n\u003cp>Sean was born and raised in San Francisco, and later moved to Daly City. He played basketball and varsity baseball at Archbishop Riordan High School, and continued playing baseball at Skyline College in nearby San Bruno, where he received a “most improved player” award. He and his family were decades-long 49ers ticket holders at Candlestick Park.\u003c/p>\n\u003cfigure id=\"attachment_11949393\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11949393\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS64217_007_KQED_SeanMooreFamily_03312023-qut.jpg\" alt=\"Color photo of a smiling young African American boy on a piano with flowers next to it.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS64217_007_KQED_SeanMooreFamily_03312023-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS64217_007_KQED_SeanMooreFamily_03312023-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS64217_007_KQED_SeanMooreFamily_03312023-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS64217_007_KQED_SeanMooreFamily_03312023-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS64217_007_KQED_SeanMooreFamily_03312023-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A school photo of Sean Moore sits on a piano at the home of his mother, Cleo Moore, in Daly City on March 31, 2023. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Cleo bonded with her son over sports. They bowled together as partners, earning a first-place trophy at Westlake Bowl in Daly City.\u003c/p>\n\u003cp>But as an adult, Sean’s mental health began to deteriorate, his mother says. He was diagnosed with bipolar disorder and schizophrenia, which prevented him from holding down a job, and he moved back into his family’s home in San Francisco’s Ingleside neighborhood. Cleo says she helped him by picking up his medications, to avoid potential conflicts with pharmacy staff at the hospital.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm/?e=KQINC1697453539&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>“I supported my children in whatever they did,” Cleo said. “I tried to do the best that I can do. I can’t control what happened in later life, when someone becomes ill. If I could push a button and correct it, I would.”\u003c/p>\n\u003cp>She also made calls to San Francisco city services seeking mental health interventions for her son, but because Sean had private health insurance, through Kaiser Permanente, she was directed back to them. Cleo, though, says Kaiser was not up to the task of meeting her son’s mental health needs, especially when they reached crisis level.\u003c/p>\n\u003cp>“The city of San Francisco, like most of the country, does not have the appropriate responses to mental illness,” said Yoel Haile, director of the ACLU Northern California’s criminal justice program, who is helping Moore’s family decipher the legal process and negotiate with the DA’s office. “Sean had as much resources as someone can, right? At least by way of what his family was able to provide for him. And most people are nowhere near that.”\u003c/p>\n\u003cfigure id=\"attachment_11949399\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11949399\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/001_KQED_SeanMooreGraveSite_04052023.jpg\" alt=\"A tombstone with flowers on the grave.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/001_KQED_SeanMooreGraveSite_04052023.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/001_KQED_SeanMooreGraveSite_04052023-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/001_KQED_SeanMooreGraveSite_04052023-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/001_KQED_SeanMooreGraveSite_04052023-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/001_KQED_SeanMooreGraveSite_04052023-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">The grave site of Sean Moore in Colma on April 5, 2023. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>A deadly encounter\u003c/h2>\n\u003cp>At about 4 a.m. on Jan. 6, 2017, SFPD officers Cha and Colin Patino \u003ca href=\"https://www.kqed.org/news/11894821/sf-da-charges-officer-with-homicide-in-2017-on-duty-shooting-of-sean-moore\">knocked on the front-door gate of Sean Moore’s Ingleside apartment\u003c/a>, responding to a neighbor’s noise complaint.\u003c/p>\n\u003cp>When Moore opened the door, he looked agitated as he stood behind the still-closed safety gate, and repeatedly yelled at the officers to leave, \u003ca href=\"https://www.youtube.com/watch?v=DBb3_WvFtXk\">the body camera video shows\u003c/a>. Roughly eight minutes later, after the officers continued to demand that Moore open the gate, he finally did so and stood near the top of the steps. The officers then yelled at him to get on the ground. When Moore refused, Patino struck him with a baton and Cha fired his gun twice, hitting Moore in the stomach and groin.\u003c/p>\n\u003cp>Three years later, \u003ca href=\"https://www.kqed.org/news/11894821/sf-da-charges-officer-with-homicide-in-2017-on-duty-shooting-of-sean-moore\">Moore died in San Quentin State Prison\u003c/a>, where he had been serving time for an unrelated conviction. A Marin County coroner investigation found the cause of death to be an obstruction in his stomach caused by scar tissue from the gunshot wound inflicted three years earlier.\u003c/p>\n\u003cp>The DA may use those facts to push for the case to be dismissed, argues Rebecca Young, the prosecutor Boudin had initially assigned to the case, but who was later fired by Jenkins.\u003c/p>\n\u003cp>According to Young, Williams, who took over the prosecution, asked for a research memo to determine whether the DA’s office could establish a connection between Moore’s 2017 shooting and his subsequent death in 2020.\u003c/p>\n\u003cp>Young suspects Williams is trying “to find a way to break the chain of causation” between the shooting and the death.\u003c/p>\n\u003cfigure id=\"attachment_11942842\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11942842\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS63462_010_KQED_KeitaONeilRally_03062023-qut.jpg\" alt=\"An older African American woman speaks into a microphone at a rally.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS63462_010_KQED_KeitaONeilRally_03062023-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS63462_010_KQED_KeitaONeilRally_03062023-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS63462_010_KQED_KeitaONeilRally_03062023-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS63462_010_KQED_KeitaONeilRally_03062023-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS63462_010_KQED_KeitaONeilRally_03062023-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Cleo Moore, whose son Sean Moore was shot by San Francisco police in 2017, attends a rally in support of both the family of Keita O’Neil and her son outside the Supreme Court of California building in San Francisco on March 6, 2023. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Court records obtained by KQED show repeated delays in setting a preliminary hearing date, after the judge granted repeated requests from attorneys on both sides for additional time to seek and review what they called “voluminous” medical documents.\u003c/p>\n\u003cp>Haile, from the ACLU, agrees that most signs point to Jenkins dismissing the case against Cha, noting that she has not only delayed court proceedings, but also \u003ca href=\"https://www.sfchronicle.com/sf/article/jenkins-police-investigate-17782463.php#:~:text=San%20Francisco%20District%20Attorney%20Brooke,public%20commitment%20to%20police%20accountability.\">reportedly downsized the division in her office\u003c/a> devoted to investigating police misconduct.\u003c/p>\n\u003ch2>A lonely fight for justice\u003c/h2>\n\u003cp>In late April, Williams finally met with Cleo Moore, telling her that the lack of communication over the case shouldn’t continue.\u003c/p>\n\u003cp>“I apologize, and I bear responsibility for that,” Williams told Moore, as the two stood in a hallway in San Francisco Superior Court, with a scrum of reporters watching.\u003c/p>\n\u003cp>“It’s the first time she, Darby Williams, has said anything to me,” Moore later told KQED, explaining she had been worried about being placated in front of the press.\u003c/p>\n\u003cp>Moore says her ongoing fight for justice for her son has been a lonely one, and worries about a dearth of local political pressure from the public.\u003c/p>\n\u003cp>Compared to many other communities across the country with larger Black populations, not as many San Franciscans typically turn out to protest after police kill an unarmed Black man, noted Tinisch Hollins, executive director of Californians for Safety and Justice.\u003c/p>\n\u003cfigure id=\"attachment_11949401\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11949401\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/006_KQED_SeanMooreFamily_03312023.jpg\" alt=\"An African American woman looks at a photo of a young African American man while seated at a table at home.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/006_KQED_SeanMooreFamily_03312023.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/006_KQED_SeanMooreFamily_03312023-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/006_KQED_SeanMooreFamily_03312023-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/006_KQED_SeanMooreFamily_03312023-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/006_KQED_SeanMooreFamily_03312023-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Cleo Moore, the mother of Sean Moore, pulls a school wallet photo of Sean from a bag of her late husband’s belongings at her home in Daly City on March 31, 2023. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“It goes without saying that the displacement and outmigration of San Francisco, Black San Francisco, has impacted us politically,” said Hollins, who grew up in San Francisco’s historically Black Bayview neighborhood.\u003c/p>\n\u003cp>BART board member Lateefah Simon, who is now running for Congress in the East Bay but grew up in San Francisco’s Fillmore District, echoed that sentiment. She noted that the city’s declining Black population may have translated into a lack of political will to prosecute police who kill unarmed Black men.\u003c/p>\n\u003cp>“There’s not gonna be a thousand people of African descent outside the DA’s office or the court building,” Simon said. “The organized Black left is diminishing, there is absolutely no question about that. When community power begins to die down, there’s less pressure.”[aside postID=news_11942654 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS63455_003_KQED_KeitaONeilRally_03062023-qut-1020x680.jpg']In January, after Memphis police officers beat and killed Tyre Nichols, an unarmed 29-year-old Black man, during a traffic stop, San Francisco Mayor London Breed and DA Jenkins both spoke at a rally on the steps of City Hall in support of Nichols’ family.\u003c/p>\n\u003cp>Cleo Moore, who was invited by one of the organizers to attend the protest, noticed that neither Breed nor Jenkins mentioned another unarmed Black man also killed police: her son.\u003c/p>\n\u003cp>And neither official stopped to speak to Moore about her son’s case, she says.\u003c/p>\n\u003cp>“Why invite me to come to a rally like that, when you get the mayor that walks out and says, ‘Oh, we got to figure out some kind of way to keep them from killing our Black men.’ And she turns around and goes back up into her office or wherever,” Moore said. “That was a slam in my face.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Cleo Moore, 84, has been waiting years for a preliminary hearing in the case against the officer who shot her son — a delay she says has taken a major toll.","status":"publish","parent":0,"modified":1684514765,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":47,"wordCount":2065},"headData":{"title":"'I Need to Be Able to Go on With My Life': Sean Moore's Mother Is Still Awaiting Justice, Years After Her Son Was Killed by SFPD | KQED","description":"Cleo Moore, 84, has been waiting years for a preliminary hearing in the case against the officer who shot her son — a delay she says has taken a major toll.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'I Need to Be Able to Go on With My Life': Sean Moore's Mother Is Still Awaiting Justice, Years After Her Son Was Killed by SFPD","datePublished":"2023-05-18T22:40:05.000Z","dateModified":"2023-05-19T16:46:05.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11949359/i-need-to-be-able-to-go-on-with-my-life-sean-moores-mother-is-still-awaiting-justice-years-after-her-son-was-killed-by-sfpd","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Cleo Moore is tired of waiting.\u003c/p>\n\u003cp>She’s 84, and instead of celebrating the joy of her new great-grandchild, she spends much of her time waiting to hear back from San Francisco District Attorney Brooke Jenkins about the status of a case involving the police officer who shot her son, Sean, in 2017.\u003c/p>\n\u003cp>Sean Moore, a Black man who was unarmed when he was shot, died three years later from complications related to the injury.\u003c/p>\n\u003cp>While the officer who shot him was charged with manslaughter, the case has dragged on for two years without a preliminary hearing — usually considered an early step in a trial.\u003c/p>\n\u003cp>The delay has taken a toll.\u003c/p>\n\u003cp>“My days are spent going from one graveyard to the other,” said Moore, who is mourning both her son and her late husband. “I need to get over this. I need to be able to go on with my life.”\u003c/p>\n\u003cp>Moore believes her son was given less opportunity than many other people to turn his life around because he was Black. And since his death, she too has felt marginalized in her now years-long effort to advance the case against the officer who pulled the trigger.\u003c/p>\n\u003cfigure id=\"attachment_11949391\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11949391\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS64213_001_KQED_SeanMooreFamily_03312023-qut.jpg\" alt=\"A middle-aged African American man and an older African American woman at home, woman is seated, the man is standing as they look at the camera with sullen expressions.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS64213_001_KQED_SeanMooreFamily_03312023-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS64213_001_KQED_SeanMooreFamily_03312023-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS64213_001_KQED_SeanMooreFamily_03312023-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS64213_001_KQED_SeanMooreFamily_03312023-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS64213_001_KQED_SeanMooreFamily_03312023-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Sean Moore’s brother, Kenneth Blackmon, and mother, Cleo Moore, sit at the kitchen table at her home in Daly City on March 31, 2023. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In 2021, then-DA Chesa Boudin \u003ca href=\"https://www.kqed.org/news/11894821/sf-da-charges-officer-with-homicide-in-2017-on-duty-shooting-of-sean-moore\">charged SFPD officer Kenneth Cha\u003c/a> with involuntary manslaughter and assault for Moore’s death, marking only the second time the city has ever filed homicide charges against an officer for an on-duty incident.\u003c/p>\n\u003cp>Now, nearly a year since Boudin’s recall, the decision to pursue a case against Cha lies in the hands of Jenkins. And the chances of her moving forward with it, many observers say, do not look promising.\u003c/p>\n\u003cp>Last month, Moore’s trust in Jenkins was shaken when the district attorney canceled a meeting Moore scheduled with her to discuss the case. Even before that, Moore had little confidence in Jenkins’ commitment to prosecute police, after the DA’s office \u003ca href=\"https://www.kqed.org/news/11940624/blaming-boudin-sf-d-a-brooke-jenkins-wants-to-dismiss-historic-case-against-sfpd-officer-who-killed-keita-oneil\">dismissed charges earlier this year against former SFPD officer Christopher Samayoa\u003c/a>, who in 2017 shot and killed Keita O’Neil, also an unarmed Black man.\u003c/p>\n\u003cp>Jenkins’ office did not respond to requests for an interview and declined to comment.\u003c/p>\n\u003cp>Despite the years of waiting, Moore was offered a glimmer of hope in late April when she told San Francisco Superior Court Judge Loretta M. Giorgi that too much time had passed since Cha had been charged.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘My days are spent going from one graveyard to the other. I need to get over this. I need to be able to go on with my life.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Cleo Moore, mother of Sean Moore","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“Please, I need some justice. I hear the defense attorney needs more time. He needs more evidence. What more time does he need to have?” she told the judge in court.\u003c/p>\n\u003cp>Giorgi agreed.\u003c/p>\n\u003cp>“I let [the attorneys] know when we come back in four weeks we will set a preliminary hearing,” Giorgi said. “I’m going to push them. I promise you, I’m going to push them.”\u003c/p>\n\u003cp>But when Giorgi told the defense and prosecution to be ready for that now-scheduled May 26 court date, Assistant District Attorney Darby Williams asked the judge if she could approach the bench and conferred with her and the defense in a hushed tone, inaudible to others in the courtroom.\u003c/p>\n\u003cp>It’s those kinds of secretive exchanges that worry Moore, she says, leaving her with little left to cling to except faith.\u003c/p>\n\u003cp>“I can’t even grieve for my son being gone because I have to listen to all this garbage,” she said.\u003c/p>\n\u003ch2>A mental health struggle\u003c/h2>\n\u003cp>The few images the public has seen of Sean Moore are mostly taken from body camera footage from the night officers showed up at his doorstep and later shot him. The 46-year-old, who claimed he was being unduly harassed, appears enraged.\u003c/p>\n\u003cp>But in Cleo Moore’s Daly City home, photos of her son during happier times are laid out across her piano like a shrine. In one, Sean embraces family members. In another he wraps his arms around his prom date. A third captures him smiling broadly, as he poses in a bright red-and-white uniform, holding a baseball bat.\u003c/p>\n\u003cp>Sean was born and raised in San Francisco, and later moved to Daly City. He played basketball and varsity baseball at Archbishop Riordan High School, and continued playing baseball at Skyline College in nearby San Bruno, where he received a “most improved player” award. He and his family were decades-long 49ers ticket holders at Candlestick Park.\u003c/p>\n\u003cfigure id=\"attachment_11949393\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11949393\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS64217_007_KQED_SeanMooreFamily_03312023-qut.jpg\" alt=\"Color photo of a smiling young African American boy on a piano with flowers next to it.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS64217_007_KQED_SeanMooreFamily_03312023-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS64217_007_KQED_SeanMooreFamily_03312023-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS64217_007_KQED_SeanMooreFamily_03312023-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS64217_007_KQED_SeanMooreFamily_03312023-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS64217_007_KQED_SeanMooreFamily_03312023-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A school photo of Sean Moore sits on a piano at the home of his mother, Cleo Moore, in Daly City on March 31, 2023. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Cleo bonded with her son over sports. They bowled together as partners, earning a first-place trophy at Westlake Bowl in Daly City.\u003c/p>\n\u003cp>But as an adult, Sean’s mental health began to deteriorate, his mother says. He was diagnosed with bipolar disorder and schizophrenia, which prevented him from holding down a job, and he moved back into his family’s home in San Francisco’s Ingleside neighborhood. Cleo says she helped him by picking up his medications, to avoid potential conflicts with pharmacy staff at the hospital.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm/?e=KQINC1697453539&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>“I supported my children in whatever they did,” Cleo said. “I tried to do the best that I can do. I can’t control what happened in later life, when someone becomes ill. If I could push a button and correct it, I would.”\u003c/p>\n\u003cp>She also made calls to San Francisco city services seeking mental health interventions for her son, but because Sean had private health insurance, through Kaiser Permanente, she was directed back to them. Cleo, though, says Kaiser was not up to the task of meeting her son’s mental health needs, especially when they reached crisis level.\u003c/p>\n\u003cp>“The city of San Francisco, like most of the country, does not have the appropriate responses to mental illness,” said Yoel Haile, director of the ACLU Northern California’s criminal justice program, who is helping Moore’s family decipher the legal process and negotiate with the DA’s office. “Sean had as much resources as someone can, right? At least by way of what his family was able to provide for him. And most people are nowhere near that.”\u003c/p>\n\u003cfigure id=\"attachment_11949399\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11949399\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/001_KQED_SeanMooreGraveSite_04052023.jpg\" alt=\"A tombstone with flowers on the grave.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/001_KQED_SeanMooreGraveSite_04052023.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/001_KQED_SeanMooreGraveSite_04052023-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/001_KQED_SeanMooreGraveSite_04052023-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/001_KQED_SeanMooreGraveSite_04052023-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/001_KQED_SeanMooreGraveSite_04052023-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">The grave site of Sean Moore in Colma on April 5, 2023. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>A deadly encounter\u003c/h2>\n\u003cp>At about 4 a.m. on Jan. 6, 2017, SFPD officers Cha and Colin Patino \u003ca href=\"https://www.kqed.org/news/11894821/sf-da-charges-officer-with-homicide-in-2017-on-duty-shooting-of-sean-moore\">knocked on the front-door gate of Sean Moore’s Ingleside apartment\u003c/a>, responding to a neighbor’s noise complaint.\u003c/p>\n\u003cp>When Moore opened the door, he looked agitated as he stood behind the still-closed safety gate, and repeatedly yelled at the officers to leave, \u003ca href=\"https://www.youtube.com/watch?v=DBb3_WvFtXk\">the body camera video shows\u003c/a>. Roughly eight minutes later, after the officers continued to demand that Moore open the gate, he finally did so and stood near the top of the steps. The officers then yelled at him to get on the ground. When Moore refused, Patino struck him with a baton and Cha fired his gun twice, hitting Moore in the stomach and groin.\u003c/p>\n\u003cp>Three years later, \u003ca href=\"https://www.kqed.org/news/11894821/sf-da-charges-officer-with-homicide-in-2017-on-duty-shooting-of-sean-moore\">Moore died in San Quentin State Prison\u003c/a>, where he had been serving time for an unrelated conviction. A Marin County coroner investigation found the cause of death to be an obstruction in his stomach caused by scar tissue from the gunshot wound inflicted three years earlier.\u003c/p>\n\u003cp>The DA may use those facts to push for the case to be dismissed, argues Rebecca Young, the prosecutor Boudin had initially assigned to the case, but who was later fired by Jenkins.\u003c/p>\n\u003cp>According to Young, Williams, who took over the prosecution, asked for a research memo to determine whether the DA’s office could establish a connection between Moore’s 2017 shooting and his subsequent death in 2020.\u003c/p>\n\u003cp>Young suspects Williams is trying “to find a way to break the chain of causation” between the shooting and the death.\u003c/p>\n\u003cfigure id=\"attachment_11942842\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11942842\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS63462_010_KQED_KeitaONeilRally_03062023-qut.jpg\" alt=\"An older African American woman speaks into a microphone at a rally.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS63462_010_KQED_KeitaONeilRally_03062023-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS63462_010_KQED_KeitaONeilRally_03062023-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS63462_010_KQED_KeitaONeilRally_03062023-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS63462_010_KQED_KeitaONeilRally_03062023-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS63462_010_KQED_KeitaONeilRally_03062023-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Cleo Moore, whose son Sean Moore was shot by San Francisco police in 2017, attends a rally in support of both the family of Keita O’Neil and her son outside the Supreme Court of California building in San Francisco on March 6, 2023. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Court records obtained by KQED show repeated delays in setting a preliminary hearing date, after the judge granted repeated requests from attorneys on both sides for additional time to seek and review what they called “voluminous” medical documents.\u003c/p>\n\u003cp>Haile, from the ACLU, agrees that most signs point to Jenkins dismissing the case against Cha, noting that she has not only delayed court proceedings, but also \u003ca href=\"https://www.sfchronicle.com/sf/article/jenkins-police-investigate-17782463.php#:~:text=San%20Francisco%20District%20Attorney%20Brooke,public%20commitment%20to%20police%20accountability.\">reportedly downsized the division in her office\u003c/a> devoted to investigating police misconduct.\u003c/p>\n\u003ch2>A lonely fight for justice\u003c/h2>\n\u003cp>In late April, Williams finally met with Cleo Moore, telling her that the lack of communication over the case shouldn’t continue.\u003c/p>\n\u003cp>“I apologize, and I bear responsibility for that,” Williams told Moore, as the two stood in a hallway in San Francisco Superior Court, with a scrum of reporters watching.\u003c/p>\n\u003cp>“It’s the first time she, Darby Williams, has said anything to me,” Moore later told KQED, explaining she had been worried about being placated in front of the press.\u003c/p>\n\u003cp>Moore says her ongoing fight for justice for her son has been a lonely one, and worries about a dearth of local political pressure from the public.\u003c/p>\n\u003cp>Compared to many other communities across the country with larger Black populations, not as many San Franciscans typically turn out to protest after police kill an unarmed Black man, noted Tinisch Hollins, executive director of Californians for Safety and Justice.\u003c/p>\n\u003cfigure id=\"attachment_11949401\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11949401\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/006_KQED_SeanMooreFamily_03312023.jpg\" alt=\"An African American woman looks at a photo of a young African American man while seated at a table at home.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/006_KQED_SeanMooreFamily_03312023.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/006_KQED_SeanMooreFamily_03312023-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/006_KQED_SeanMooreFamily_03312023-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/006_KQED_SeanMooreFamily_03312023-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/006_KQED_SeanMooreFamily_03312023-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Cleo Moore, the mother of Sean Moore, pulls a school wallet photo of Sean from a bag of her late husband’s belongings at her home in Daly City on March 31, 2023. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“It goes without saying that the displacement and outmigration of San Francisco, Black San Francisco, has impacted us politically,” said Hollins, who grew up in San Francisco’s historically Black Bayview neighborhood.\u003c/p>\n\u003cp>BART board member Lateefah Simon, who is now running for Congress in the East Bay but grew up in San Francisco’s Fillmore District, echoed that sentiment. She noted that the city’s declining Black population may have translated into a lack of political will to prosecute police who kill unarmed Black men.\u003c/p>\n\u003cp>“There’s not gonna be a thousand people of African descent outside the DA’s office or the court building,” Simon said. “The organized Black left is diminishing, there is absolutely no question about that. When community power begins to die down, there’s less pressure.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11942654","hero":"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS63455_003_KQED_KeitaONeilRally_03062023-qut-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In January, after Memphis police officers beat and killed Tyre Nichols, an unarmed 29-year-old Black man, during a traffic stop, San Francisco Mayor London Breed and DA Jenkins both spoke at a rally on the steps of City Hall in support of Nichols’ family.\u003c/p>\n\u003cp>Cleo Moore, who was invited by one of the organizers to attend the protest, noticed that neither Breed nor Jenkins mentioned another unarmed Black man also killed police: her son.\u003c/p>\n\u003cp>And neither official stopped to speak to Moore about her son’s case, she says.\u003c/p>\n\u003cp>“Why invite me to come to a rally like that, when you get the mayor that walks out and says, ‘Oh, we got to figure out some kind of way to keep them from killing our Black men.’ And she turns around and goes back up into her office or wherever,” Moore said. “That was a slam in my face.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11949359/i-need-to-be-able-to-go-on-with-my-life-sean-moores-mother-is-still-awaiting-justice-years-after-her-son-was-killed-by-sfpd","authors":["11690"],"categories":["news_6188","news_8"],"tags":["news_31298","news_32733","news_17725","news_31984","news_28780","news_20081","news_559","news_30179","news_20331"],"featImg":"news_11949390","label":"news"},"news_11949558":{"type":"posts","id":"news_11949558","meta":{"index":"posts_1591205157","site":"news","id":"11949558","score":null,"sort":[1684185805000]},"guestAuthors":[],"slug":"district-attorney-releases-video-of-banko-brown-shooting-at-walgreens-wont-files-charges-against-security-gaurd","title":"District Attorney Releases Video of Banko Brown Shooting at Walgreens, Won't File Charges Against Security Guard","publishDate":1684185805,"format":"standard","headTitle":"District Attorney Releases Video of Banko Brown Shooting at Walgreens, Won’t File Charges Against Security Guard | KQED","labelTerm":{"site":"news"},"content":"\u003cp>\u003cem>Updated 6:45 p.m. Monday\u003c/em>\u003c/p>\n\u003cp>San Francisco District Attorney Brooke Jenkins will not charge the security guard who shot and killed Banko Brown, \u003ca href=\"https://www.kqed.org/arts/13928870/banko-browns-black-trans-life-mattered\">a 24-year-old Black transgender man\u003c/a>, last month at a Market Street Walgreens.\u003c/p>\n\u003cp>Jenkins announced her decision Monday and \u003ca href=\"https://sfdistrictattorney.org/criminal-case-investigation/brown-declination-investigation/\">released a slew of evidence in the case\u003c/a>, including security camera footage, bystander video and a 25-page report.\u003c/p>\n\u003cp>The six-minute Walgreens security camera video shows Brown and the guard, Michael Earl-Wayne Anthony, scuffling after Brown attempted to walk out of the Walgreens. Anthony pushes Brown to the floor and is seen lying on top of Brown and holding him from behind as they get up, and then fall back to the floor.\u003c/p>\n\u003cp>Eventually, the video shows Anthony letting Brown stand up. Brown grabs his bag and turns to leave. As Brown is on the threshold of the doorway, he turns around and gestures back toward Anthony. Brown is moving backward when he’s shot by Anthony.\u003c/p>\n\u003cp>\u003cem>Warning: This video shows the fatal shooting of Banko Brown.\u003c/em>\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=5troflVX_GQ\u003c/p>\n\u003cp>The entire encounter is over in less than a minute, the video shows. Anthony fired once.\u003c/p>\n\u003cdiv>\n\u003cp>\u003cspan style=\"font-weight: 400\">John Burris, the civil rights attorney who is representing Brown’s family, said the footage revealed “an outrageous, unconscionable act of violence on the part of the security officer.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“The facts from the video do not support the use of deadly force,” Burris, who said the family intends to file a wrongful death lawsuit against Walgreens and Kingdom Group Protective Services, told KQED.\u003c/span>\u003c/p>\n\u003cp>Jenkins said her decision not to file charges was based largely on Anthony’s statement to police in which he said he believed his life was in danger.\u003c/p>\n\u003c/div>\n\u003cp>“Based on the criminal investigation, review of evidence, and evaluation of the case, we have determined that there is insufficient evidence to support the filing of criminal charges against Anthony,” the DA’s report concluded.\u003c/p>\n\u003cp>Jenkins, who first declined to file charges against Anthony on May 1 and \u003ca href=\"https://www.kqed.org/news/11948964/san-francisco-supervisors-raise-pressure-on-da-to-release-video-of-banko-brown-killing\">released the video after public pressure mounted\u003c/a>, wrote in the report that when Anthony attempted to stop Brown from leaving the Walgreens with stolen items, Brown “became physically combative, escalating the theft to a robbery.”\u003c/p>\n\u003cp>[aside postID=news_11949158 hero=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/05/RS65169_005_KQED_WalgreensBankoBrown_05092023-qut-1020x680.jpg\"]\u003c/p>\n\u003cp>“During the struggle, Anthony reports that Brown repeatedly threatened to stab him,” the report stated.\u003c/p>\n\u003cp>Police did not recover a knife from Brown’s bag or the scene.\u003c/p>\n\u003cp>At a press conference Monday afternoon, Jenkins, who expressed sadness at Brown’s death, acknowledged that some may view the security camera footage of the shooting and question why Anthony is not being charged.\u003c/p>\n\u003cp>“I would ask that members of the public and the press ensure that they view all of the evidence in this case and not simply the video … a video that has no sound, no audio to it. It is difficult to have context to what is going on,” she said. “And that is why we must listen to the security guard statement, the witness statements and everything else in order to look at the full picture of the incident.”\u003c/p>\n\u003cp>After looking at all the evidence, Jenkins said, she didn’t believe that she could prove a case against Anthony beyond a reasonable doubt.\u003c/p>\n\u003cp>“There is nothing to rebut his statements regarding the fact that he acted in self-defense,” she said, adding that no one refuted Anthony’s statement that Brown threatened to stab him. “And so again, you’re looking at the credibility of Mr. Anthony, the security guard, and whether we can disprove anything that he said. And at that point in time, at this point in time, we cannot disprove that he heard those statements.”\u003c/p>\n\u003cp>Jenkins received pressure to release details of the shooting \u003ca href=\"https://www.kqed.org/news/11948964/san-francisco-supervisors-raise-pressure-on-da-to-release-video-of-banko-brown-killing\">even from political allies\u003c/a>. At the press conference, she defended her handling of the case and lashed out at critics. She said the decision to release her report and all the accompanying evidence wasn’t just about responding to overwhelming public interest.\u003c/p>\n\u003cp>“But also what I believed were intentional statements that were designed to sow mistrust not only in myself as the district attorney, sow mistrust in my office, but also in the criminal justice system,” said Jenkins, who was appointed as the city’s top prosecutor after helping support the recall of her predecessor last year.\u003c/p>\n\u003cp>The release of the evidence seems unlikely to quell criticism of Jenkins’ handling of the situation, however. San Francisco Supervisor Shamann Walton, in a written statement, called Brown’s killing an execution.\u003c/p>\n\u003cp>“The security guard had the upper hand the entire time and even told Banko that he was letting him go, as stated in the transcript released by the DA. Where is the perceived threat?” Walton said. “DA Jenkins’ decision to not charge gives every armed security guard in San Francisco a license to have an open season to shoot and kill Black and transgender people for alleged shoplifting.”\u003c/p>\n\u003cp>Supervisor Aaron Peskin plans to introduce legislation at Tuesday’s meeting to refer the case to the state attorney general and the U.S. Department of Justice for investigation.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Stealing a bag of candy does not warrant what is, in essence, the death penalty,” Peskin told KQED. “I understand people are afraid of crime, which in large part is being stoked by politicians and their political allies, but this is not a choice between justice and safety. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We can have both.”\u003c/span>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"After public pressure mounted, San Francisco DA Brooke Jenkins announced her decision Monday and released a slew of evidence in the case, including security camera footage, bystander video and a 25-page report.","status":"publish","parent":0,"modified":1684273801,"stats":{"hasAudio":false,"hasVideo":true,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":28,"wordCount":964},"headData":{"title":"District Attorney Releases Video of Banko Brown Shooting at Walgreens, Won't File Charges Against Security Guard | KQED","description":"After public pressure mounted, San Francisco DA Brooke Jenkins announced her decision Monday and released a slew of evidence in the case, including security camera footage, bystander video and a 25-page report.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"District Attorney Releases Video of Banko Brown Shooting at Walgreens, Won't File Charges Against Security Guard","datePublished":"2023-05-15T21:23:25.000Z","dateModified":"2023-05-16T21:50:01.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11949558/district-attorney-releases-video-of-banko-brown-shooting-at-walgreens-wont-files-charges-against-security-gaurd","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 6:45 p.m. Monday\u003c/em>\u003c/p>\n\u003cp>San Francisco District Attorney Brooke Jenkins will not charge the security guard who shot and killed Banko Brown, \u003ca href=\"https://www.kqed.org/arts/13928870/banko-browns-black-trans-life-mattered\">a 24-year-old Black transgender man\u003c/a>, last month at a Market Street Walgreens.\u003c/p>\n\u003cp>Jenkins announced her decision Monday and \u003ca href=\"https://sfdistrictattorney.org/criminal-case-investigation/brown-declination-investigation/\">released a slew of evidence in the case\u003c/a>, including security camera footage, bystander video and a 25-page report.\u003c/p>\n\u003cp>The six-minute Walgreens security camera video shows Brown and the guard, Michael Earl-Wayne Anthony, scuffling after Brown attempted to walk out of the Walgreens. Anthony pushes Brown to the floor and is seen lying on top of Brown and holding him from behind as they get up, and then fall back to the floor.\u003c/p>\n\u003cp>Eventually, the video shows Anthony letting Brown stand up. Brown grabs his bag and turns to leave. As Brown is on the threshold of the doorway, he turns around and gestures back toward Anthony. Brown is moving backward when he’s shot by Anthony.\u003c/p>\n\u003cp>\u003cem>Warning: This video shows the fatal shooting of Banko Brown.\u003c/em>\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/5troflVX_GQ'\n title='//www.youtube.com/embed/5troflVX_GQ'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>The entire encounter is over in less than a minute, the video shows. Anthony fired once.\u003c/p>\n\u003cdiv>\n\u003cp>\u003cspan style=\"font-weight: 400\">John Burris, the civil rights attorney who is representing Brown’s family, said the footage revealed “an outrageous, unconscionable act of violence on the part of the security officer.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“The facts from the video do not support the use of deadly force,” Burris, who said the family intends to file a wrongful death lawsuit against Walgreens and Kingdom Group Protective Services, told KQED.\u003c/span>\u003c/p>\n\u003cp>Jenkins said her decision not to file charges was based largely on Anthony’s statement to police in which he said he believed his life was in danger.\u003c/p>\n\u003c/div>\n\u003cp>“Based on the criminal investigation, review of evidence, and evaluation of the case, we have determined that there is insufficient evidence to support the filing of criminal charges against Anthony,” the DA’s report concluded.\u003c/p>\n\u003cp>Jenkins, who first declined to file charges against Anthony on May 1 and \u003ca href=\"https://www.kqed.org/news/11948964/san-francisco-supervisors-raise-pressure-on-da-to-release-video-of-banko-brown-killing\">released the video after public pressure mounted\u003c/a>, wrote in the report that when Anthony attempted to stop Brown from leaving the Walgreens with stolen items, Brown “became physically combative, escalating the theft to a robbery.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11949158","hero":"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/05/RS65169_005_KQED_WalgreensBankoBrown_05092023-qut-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“During the struggle, Anthony reports that Brown repeatedly threatened to stab him,” the report stated.\u003c/p>\n\u003cp>Police did not recover a knife from Brown’s bag or the scene.\u003c/p>\n\u003cp>At a press conference Monday afternoon, Jenkins, who expressed sadness at Brown’s death, acknowledged that some may view the security camera footage of the shooting and question why Anthony is not being charged.\u003c/p>\n\u003cp>“I would ask that members of the public and the press ensure that they view all of the evidence in this case and not simply the video … a video that has no sound, no audio to it. It is difficult to have context to what is going on,” she said. “And that is why we must listen to the security guard statement, the witness statements and everything else in order to look at the full picture of the incident.”\u003c/p>\n\u003cp>After looking at all the evidence, Jenkins said, she didn’t believe that she could prove a case against Anthony beyond a reasonable doubt.\u003c/p>\n\u003cp>“There is nothing to rebut his statements regarding the fact that he acted in self-defense,” she said, adding that no one refuted Anthony’s statement that Brown threatened to stab him. “And so again, you’re looking at the credibility of Mr. Anthony, the security guard, and whether we can disprove anything that he said. And at that point in time, at this point in time, we cannot disprove that he heard those statements.”\u003c/p>\n\u003cp>Jenkins received pressure to release details of the shooting \u003ca href=\"https://www.kqed.org/news/11948964/san-francisco-supervisors-raise-pressure-on-da-to-release-video-of-banko-brown-killing\">even from political allies\u003c/a>. At the press conference, she defended her handling of the case and lashed out at critics. She said the decision to release her report and all the accompanying evidence wasn’t just about responding to overwhelming public interest.\u003c/p>\n\u003cp>“But also what I believed were intentional statements that were designed to sow mistrust not only in myself as the district attorney, sow mistrust in my office, but also in the criminal justice system,” said Jenkins, who was appointed as the city’s top prosecutor after helping support the recall of her predecessor last year.\u003c/p>\n\u003cp>The release of the evidence seems unlikely to quell criticism of Jenkins’ handling of the situation, however. San Francisco Supervisor Shamann Walton, in a written statement, called Brown’s killing an execution.\u003c/p>\n\u003cp>“The security guard had the upper hand the entire time and even told Banko that he was letting him go, as stated in the transcript released by the DA. Where is the perceived threat?” Walton said. “DA Jenkins’ decision to not charge gives every armed security guard in San Francisco a license to have an open season to shoot and kill Black and transgender people for alleged shoplifting.”\u003c/p>\n\u003cp>Supervisor Aaron Peskin plans to introduce legislation at Tuesday’s meeting to refer the case to the state attorney general and the U.S. Department of Justice for investigation.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Stealing a bag of candy does not warrant what is, in essence, the death penalty,” Peskin told KQED. “I understand people are afraid of crime, which in large part is being stoked by politicians and their political allies, but this is not a choice between justice and safety. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We can have both.”\u003c/span>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11949558/district-attorney-releases-video-of-banko-brown-shooting-at-walgreens-wont-files-charges-against-security-gaurd","authors":["3239","11690"],"categories":["news_8"],"tags":["news_32718","news_31298","news_559"],"featImg":"news_11949559","label":"news"},"news_11942239":{"type":"posts","id":"news_11942239","meta":{"index":"posts_1591205157","site":"news","id":"11942239","score":null,"sort":[1677715211000]},"guestAuthors":[],"slug":"judge-delays-sf-das-move-to-dismiss-homicide-case-against-officer-who-killed-keita-oneil","title":"Judge Delays SF DA's Move to Dismiss Homicide Case Against Officer Who Killed Keita O'Neil","publishDate":1677715211,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>A judge on Wednesday delayed a motion from San Francisco’s district attorney to dismiss the historic prosecution of a city police officer charged with shooting and killing a carjacking suspect.\u003c/p>\n\u003cp>The one-week delay is intended to give California Attorney General Rob Bonta additional time to determine whether to pursue the case against the officer.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"keita-oneil\"]“My hope is that the attorney general will give this case fresh eyes,” said San Francisco County Superior Court Judge Loretta Giorgi at a hearing on Wednesday.\u003c/p>\n\u003cp>If Bonta does not pursue the case or request an extension by March 7, charges against Christopher Samayoa, a former San Francisco police officer, will officially be dismissed.\u003c/p>\n\u003cp>The delay comes in response to San Francisco District Attorney Brooke Jenkins’ move last month to dismiss charges against Samayoa, who killed Keita O’Neil during a police chase in December 2017, after O'Neil allegedly stole a California Lottery van.\u003c/p>\n\u003cp>Samayoa, who was in his fourth day of a field training program, is shown on body camera firing his weapon through the window of his patrol car and hitting O’Neil, a 42-year-old Black man, as he tried to escape on foot. Samayoa was subsequently fired.\u003c/p>\n\u003cp>Nearly three years after the incident, Chesa Boudin, Jenkins’ predecessor who was recalled from office last summer, charged Samayoa with multiple counts of manslaughter and assault, marking the first homicide prosecution in San Francisco history against a police officer for an on-duty killing.\u003c/p>\n\u003cp>In a Feb. 8 letter to Bonta, Jenkins argued that Boudin wrongly pursued manslaughter charges against Samayoa for “political reasons and not in the interest of justice.” She said her office had also “discovered an internal conflict in the case that impacts our ability to handle the matter,” referring to opposing statements from the attorney in Boudin’s office who initially handled the case and the DA investigator who signed the arrest warrant.\u003c/p>\n\u003cp>The judge announced her decision to delay the dismissal after hearing a heartfelt plea from O’Neil’s aunt, April Green, who told reporters she hopes to meet with Bonta during the stay order.\u003c/p>\n\u003cfigure id=\"attachment_11942244\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11942244 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023.jpg\" alt=\"A middle-aged woman with light, freckled skin and short dark hair is seated in a wheelchair holding a microphone, next to a photo of a Black man with long black locs. The woman wears a beige leather jacket and a patterned matching blouse, with gold earrings and a necklace.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">April Green, aunt of Keita O'Neil, speaks at a rally for her nephew outside the Hall of Justice in San Francisco on March 1, 2023. \u003ccite>(Beth LaBerge/ KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“My family has been through so much. My sister suffers every day. She lost her child,” Green said, noting that O’Neil’s mother has dementia. “All we need is some time. My nephew’s case is still alive. It’s still breathing.”\u003c/p>\n\u003cp>Separate from the pending criminal case, the city of San Francisco in 2021 paid O’Neil’s family $2.5 million to settle a civil lawsuit.\u003c/p>\n\u003cp>Green’s attorney also sent Bonta a letter last month, asking his office to take over the case.\u003c/p>\n\u003cp>Both letters — from Jenkins and Green — cite Assembly Bill 1506, which puts all officer-involved shootings resulting in the death of an unarmed person within the purview of the state Department of Justice.\u003c/p>\n\u003cp>In a statement on Wednesday, Jenkins said she respects the court's decision to give Bonta’s office more time to review the case, noting her staff had already transferred the entire file to them.\u003c/p>\n\u003cp>“We are not opposing that decision. We understand the complexity of this case … and welcome their independent review,” she said.\u003c/p>\n\u003cp>“A fair prosecution of this case from our office is not possible because the facts and laws do not support prosecution,” Jenkins added. “The prior administration’s desire to make history blinded them; they chose to press on for personal political gain. They went to extraordinary lengths to ‘find a path,’ where there was none.”\u003c/p>\n\u003cp>Outside the courthouse, dozens of community members gathered to protest the dismissal with signs and chants in support of O’Neil and his family.\u003c/p>\n\u003cp>“The idea that the district attorney’s office is going to effectively immunize every San Francisco police officer for anything they do up to and including murder is outrageous, and folks are right to be out here protesting in the street,” said San Francisco Supervisor Dean Preston, who joined protesters on Wednesday.\u003c/p>\n\u003cfigure id=\"attachment_11942282\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11942282 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023.jpg\" alt=\"Protesters holding signs march on the street behind an 'SFPD' barricade. It is a sunny day and their shadows are long beside them.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Demonstrators march outside San Francisco's Hall of Justice on March 1, 2023, protesting the district attorney's effort to dismiss charges against the police officer who killed Keita O'Neil in 2017. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>At his confirmation hearing in 2021, Bonta pledged to ramp up police accountability and chart a new path for reform, in a shift from his predecessor, Xavier Becerra, who largely avoided prosecuting police officers charged with shooting unarmed civilians.\u003c/p>\n\u003cp>“A Black man was murdered. And he’s caught up in a political football,” Green said at Wednesday’s rally outside the courthouse. “This is my nephew, but it’s also about the future of how our Black and Brown men interact with police.”\u003c/p>\n\u003cp>In a response letter sent this week to Green and Jenkins, Bonta pushed back on the district attorney’s conflict-of-interest assertion.\u003c/p>\n\u003cp>“That some personnel within the District Attorney’s office may have different opinions about the case does not give rise to a recusal conflict mandating the Attorney General assume responsibility for the prosecution,” Bonta said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The court's six-day stay buys California's attorney general more time to decide whether to pursue the historic case, the city's first homicide prosecution of an on-duty officer.","status":"publish","parent":0,"modified":1677715162,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":24,"wordCount":925},"headData":{"title":"Judge Delays SF DA's Move to Dismiss Homicide Case Against Officer Who Killed Keita O'Neil | KQED","description":"The court's six-day stay buys California's attorney general more time to decide whether to pursue the historic case, the city's first homicide prosecution of an on-duty officer.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Judge Delays SF DA's Move to Dismiss Homicide Case Against Officer Who Killed Keita O'Neil","datePublished":"2023-03-02T00:00:11.000Z","dateModified":"2023-03-01T23:59:22.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11942239/judge-delays-sf-das-move-to-dismiss-homicide-case-against-officer-who-killed-keita-oneil","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A judge on Wednesday delayed a motion from San Francisco’s district attorney to dismiss the historic prosecution of a city police officer charged with shooting and killing a carjacking suspect.\u003c/p>\n\u003cp>The one-week delay is intended to give California Attorney General Rob Bonta additional time to determine whether to pursue the case against the officer.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"keita-oneil"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“My hope is that the attorney general will give this case fresh eyes,” said San Francisco County Superior Court Judge Loretta Giorgi at a hearing on Wednesday.\u003c/p>\n\u003cp>If Bonta does not pursue the case or request an extension by March 7, charges against Christopher Samayoa, a former San Francisco police officer, will officially be dismissed.\u003c/p>\n\u003cp>The delay comes in response to San Francisco District Attorney Brooke Jenkins’ move last month to dismiss charges against Samayoa, who killed Keita O’Neil during a police chase in December 2017, after O'Neil allegedly stole a California Lottery van.\u003c/p>\n\u003cp>Samayoa, who was in his fourth day of a field training program, is shown on body camera firing his weapon through the window of his patrol car and hitting O’Neil, a 42-year-old Black man, as he tried to escape on foot. Samayoa was subsequently fired.\u003c/p>\n\u003cp>Nearly three years after the incident, Chesa Boudin, Jenkins’ predecessor who was recalled from office last summer, charged Samayoa with multiple counts of manslaughter and assault, marking the first homicide prosecution in San Francisco history against a police officer for an on-duty killing.\u003c/p>\n\u003cp>In a Feb. 8 letter to Bonta, Jenkins argued that Boudin wrongly pursued manslaughter charges against Samayoa for “political reasons and not in the interest of justice.” She said her office had also “discovered an internal conflict in the case that impacts our ability to handle the matter,” referring to opposing statements from the attorney in Boudin’s office who initially handled the case and the DA investigator who signed the arrest warrant.\u003c/p>\n\u003cp>The judge announced her decision to delay the dismissal after hearing a heartfelt plea from O’Neil’s aunt, April Green, who told reporters she hopes to meet with Bonta during the stay order.\u003c/p>\n\u003cfigure id=\"attachment_11942244\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11942244 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023.jpg\" alt=\"A middle-aged woman with light, freckled skin and short dark hair is seated in a wheelchair holding a microphone, next to a photo of a Black man with long black locs. The woman wears a beige leather jacket and a patterned matching blouse, with gold earrings and a necklace.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">April Green, aunt of Keita O'Neil, speaks at a rally for her nephew outside the Hall of Justice in San Francisco on March 1, 2023. \u003ccite>(Beth LaBerge/ KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“My family has been through so much. My sister suffers every day. She lost her child,” Green said, noting that O’Neil’s mother has dementia. “All we need is some time. My nephew’s case is still alive. It’s still breathing.”\u003c/p>\n\u003cp>Separate from the pending criminal case, the city of San Francisco in 2021 paid O’Neil’s family $2.5 million to settle a civil lawsuit.\u003c/p>\n\u003cp>Green’s attorney also sent Bonta a letter last month, asking his office to take over the case.\u003c/p>\n\u003cp>Both letters — from Jenkins and Green — cite Assembly Bill 1506, which puts all officer-involved shootings resulting in the death of an unarmed person within the purview of the state Department of Justice.\u003c/p>\n\u003cp>In a statement on Wednesday, Jenkins said she respects the court's decision to give Bonta’s office more time to review the case, noting her staff had already transferred the entire file to them.\u003c/p>\n\u003cp>“We are not opposing that decision. We understand the complexity of this case … and welcome their independent review,” she said.\u003c/p>\n\u003cp>“A fair prosecution of this case from our office is not possible because the facts and laws do not support prosecution,” Jenkins added. “The prior administration’s desire to make history blinded them; they chose to press on for personal political gain. They went to extraordinary lengths to ‘find a path,’ where there was none.”\u003c/p>\n\u003cp>Outside the courthouse, dozens of community members gathered to protest the dismissal with signs and chants in support of O’Neil and his family.\u003c/p>\n\u003cp>“The idea that the district attorney’s office is going to effectively immunize every San Francisco police officer for anything they do up to and including murder is outrageous, and folks are right to be out here protesting in the street,” said San Francisco Supervisor Dean Preston, who joined protesters on Wednesday.\u003c/p>\n\u003cfigure id=\"attachment_11942282\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11942282 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023.jpg\" alt=\"Protesters holding signs march on the street behind an 'SFPD' barricade. It is a sunny day and their shadows are long beside them.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Demonstrators march outside San Francisco's Hall of Justice on March 1, 2023, protesting the district attorney's effort to dismiss charges against the police officer who killed Keita O'Neil in 2017. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>At his confirmation hearing in 2021, Bonta pledged to ramp up police accountability and chart a new path for reform, in a shift from his predecessor, Xavier Becerra, who largely avoided prosecuting police officers charged with shooting unarmed civilians.\u003c/p>\n\u003cp>“A Black man was murdered. And he’s caught up in a political football,” Green said at Wednesday’s rally outside the courthouse. “This is my nephew, but it’s also about the future of how our Black and Brown men interact with police.”\u003c/p>\n\u003cp>In a response letter sent this week to Green and Jenkins, Bonta pushed back on the district attorney’s conflict-of-interest assertion.\u003c/p>\n\u003cp>“That some personnel within the District Attorney’s office may have different opinions about the case does not give rise to a recusal conflict mandating the Attorney General assume responsibility for the prosecution,” Bonta said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11942239/judge-delays-sf-das-move-to-dismiss-homicide-case-against-officer-who-killed-keita-oneil","authors":["11840"],"categories":["news_8"],"tags":["news_17699","news_31298","news_24162","news_17725","news_28847","news_28780","news_28211","news_3674","news_38","news_559"],"featImg":"news_11942243","label":"news"},"news_11931386":{"type":"posts","id":"news_11931386","meta":{"index":"posts_1591205157","site":"news","id":"11931386","score":null,"sort":[1668621630000]},"guestAuthors":[],"slug":"brooke-jenkins-district-attorney-results-san-francisco","title":"Hamasaki Concedes Nearly a Week After Jenkins Declares Victory in SF District Attorney's Race","publishDate":1668621630,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>On Tuesday, nearly a week after San Francisco District Attorney Brooke Jenkins declared victory in her bid to remain in office, her main challenger, John Hamasaki, publicly conceded.\u003c/p>\n\u003cp>\"Well, it's been a hell of a ride, but time to call this one,\" Hamasaki wrote in a tweet. \"I am beyond honored to have been supported by such an incredible group of staff, supporters, and voters.\"\u003c/p>\n\u003cp>https://twitter.com/HamasakiLaw/status/1592673424920711169\u003c/p>\n\u003cp>As of Tuesday evening, Jenkins had garnered \u003ca href=\"https://sfelections.sfgov.org/november-8-2022-election-results-summary\">just over 46.3% of first-round votes\u003c/a>, far outpacing Hamasaki, her closest rival, who had 37.2%. Meanwhile, candidate Joe Alioto Veronese remained in a distant third place, with just over 12% of the vote, followed by Maurice Chenier, with about 4%.\u003c/p>\n\u003cp>And with the elimination of Alioto Veronese and Chenier's early votes, as part of San Francisco's ranked choice voting process, Jenkins on Tuesday maintained an insurmountable lead, with roughly 54% of the vote, to Hamasaki's 46%.\u003c/p>\n\u003cp>Those totals may change as the count continues throughout the week. Notably, the count of what appeared to be a landslide recall of Boudin \u003ca href=\"https://sfelections.sfgov.org/june-7-2022-election-results-summary\">ultimately narrowed\u003c/a> by the time the race went to Jenkins.\u003c/p>\n\u003cp>Last week, a day after the election, when Jenkins' had already taken a significant lead, she declared victory.\u003c/p>\n\u003cp>“I extend my thanks and gratitude to the voters of San Francisco for placing their trust in me to serve as District Attorney,” she said in a statement at the time. “It is an honor of a lifetime to be elected and I pledge that improving and promoting public safety will be my and our office’s top priority.”[aside label=\"related coverage\" tag=\"brooke-jenkins\"]At her election night party at San Francisco’s Harborview Restaurant and Bar, a Cantonese-style eatery, Jenkins had sounded a joyous tone in a speech to supporters that emphasized the “rebuilding process” in the district attorney's office.\u003c/p>\n\u003cp>Attorneys in the DA's office “can now serve the city and county of San Francisco and not be worried that their hands will be tied,” Jenkins said. “They have really weathered this storm in a way that just warms my heart.”\u003c/p>\n\u003cp>Jenkins' victory reflects an incredible swing in both national and local attitudes toward crime and criminal justice.\u003c/p>\n\u003cp>Mayor London Breed \u003ca href=\"https://www.kqed.org/news/11918804/breed-taps-boudin-critic-brooke-jenkins-as-new-san-francisco-da\">appointed prosecutor Jenkins\u003c/a> to the district attorney role following the high-profile recall of progressive District Attorney Chesa Boudin.\u003c/p>\n\u003cp>The country, and the Bay Area, saw Boudin elected as a much-hailed progressive prosecutor just before protests for racial justice over the police killing of George Floyd in Minneapolis swept the nation.\u003c/p>\n\u003cp>But just as quickly came a backlash from Republicans, who seized on what experts say is a largely pandemic-driven change in crime rates to paint cities as rife with danger around every corner.\u003c/p>\n\u003cp>Those sentiments — alongside a very real and well-cataloged rise in anti-Asian hate incidents — swung San Francisco voters’ desire for criminal justice reform to a desire for safety, polls showed, even if that shift comes at the cost of abandoning some reform-minded policies the electorate previously supported.\u003c/p>\n\u003cfigure id=\"attachment_11931637\" class=\"wp-caption aligncenter\" style=\"max-width: 1358px\">\u003cimg class=\"size-full wp-image-11931637\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/11/F942529F-3AD2-46F5-9542-1453A5CDB6A3.jpg\" alt=\"San Francisco District Attorney candidate John Hamasaki\" width=\"1358\" height=\"905\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/11/F942529F-3AD2-46F5-9542-1453A5CDB6A3.jpg 1358w, https://ww2.kqed.org/app/uploads/sites/10/2022/11/F942529F-3AD2-46F5-9542-1453A5CDB6A3-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/11/F942529F-3AD2-46F5-9542-1453A5CDB6A3-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/11/F942529F-3AD2-46F5-9542-1453A5CDB6A3-160x107.jpg 160w\" sizes=\"(max-width: 1358px) 100vw, 1358px\">\u003cfigcaption class=\"wp-caption-text\">San Francisco district attorney candidate John Hamasaki speaks to campaign supporters at El Rio in San Francisco on Nov. 8, 2022. While Jenkins has declared victory, Hamasaki has not conceded. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>This year, unlike in many high-profile San Francisco races, campaign spending didn’t break local records. The effort to recall Boudin topped $10 million, much of that money coming from outside San Francisco. But as reported by The San Francisco Standard, independent campaign committees largely stayed out of the fray this time, potentially because they did not see Jenkins’ opponents as serious challengers.\u003c/p>\n\u003cp>Jenkins herself raised $256,000 as of the latest campaign finance returns, with Hamasaki and Alioto Veronese each raising about $140,000 each.\u003c/p>\n\u003cp>That lack of money could be seen in the advertising around the race. Whereas Boudin faced new accusations of failure in television ads with every viral video of a shoplifting, Jenkins’ reputation remained largely unscathed even in the face of persistent local crime — or the fact that Jenkins has preserved certain policies from Boudin's tenure, such as an innocence commission aiming to free those imprisoned on wrongful convictions.\u003c/p>\n\u003cp>Despite a lower-profile race than that of June’s recall and the power of incumbency, the road was not smooth for Jenkins.\u003c/p>\n\u003cp>Myriad scandals rocked her brief time in office, from an ethics complaint alleging she lied about past misconduct, to early reporting by The SF Standard showing she took $100,000 from the campaign to recall Boudin despite claiming publicly she was a campaign volunteer.\u003c/p>\n\u003cp>But one scandal in particular still casts a shadow over the election.\u003c/p>\n\u003cp>A \u003ca href=\"https://missionlocal.org/2022/11/brooke-jenkins-don-dubain-troy-mcallister-police-report-rap-sheet-recall-chesa-boudin/\">report by Mission Local\u003c/a> found that Jenkins, when she was an assistant district attorney in Boudin’s office, sent a rap sheet in a case of interest to another assistant district attorney in apparent violation of state law. Whether it was a personal email or a professional one doesn’t matter — sending a person’s rap sheet without an expressly work-related reason is a misdemeanor offense, experts told the outlet.\u003c/p>\n\u003cp>But voting returns show that San Franciscans seem to care more about Jenkins’ policies than any potential ethical lapses.\u003c/p>\n\u003cp>She announced she would charge some minors as adults in situations that “shock the conscience.” Early, and often, Jenkins courted the local Chinese community, attending events at the Chinese Consolidated Benevolent Association and on Chinatown streets touting her plans to aggressively prosecute people who commit hate crimes.\u003c/p>\n\u003cp>And at the center of those policies was Jenkins’ line in the sand against fentanyl dealers.\u003c/p>\n\u003cp>As voters decried open-air drug use in the Tenderloin, Jenkins famously rescinded diversion-program deals for more than 30 drug dealers Boudin had offered them to. Ultimately, she said, she would end offers of diversion programs for drug dealers entirely, particularly for those trafficking drugs laced with fentanyl, a reversal of her predecessor’s policies.\u003c/p>\n\u003cp>Jenkins also announced a policy to bring charges against drug users once they receive five citations — effectively “bundling” them — for public drug use. The office would then refer those people with bundled charges to a restorative justice program through the city’s Community Justice Center.\u003c/p>\n\u003cp>Some of Jenkins’ critics said her policies amounted to a revival of the failed war on drugs launched by President Richard Nixon. At an October press conference, Jenkins embraced that idea.\u003c/p>\n\u003cp>“People want to talk about, well, ‘The war on drugs this, the war on drugs that,’” Jenkins said, adding, “It is a war on fentanyl. It is.”\u003c/p>\n\u003cp>\u003cem>An earlier version of this story was originally published Nov. 9.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Jenkins' victory echoes a national trend of voters favoring politicians who promote tough-on-crime policies.","status":"publish","parent":0,"modified":1668625269,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":30,"wordCount":1153},"headData":{"title":"Hamasaki Concedes Nearly a Week After Jenkins Declares Victory in SF District Attorney's Race | KQED","description":"Jenkins' victory echoes a national trend of voters favoring politicians who promote tough-on-crime policies.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Hamasaki Concedes Nearly a Week After Jenkins Declares Victory in SF District Attorney's Race","datePublished":"2022-11-16T18:00:30.000Z","dateModified":"2022-11-16T19:01:09.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11931386 https://ww2.kqed.org/news/?p=11931386","disqusUrl":"https://ww2.kqed.org/news/2022/11/16/brooke-jenkins-district-attorney-results-san-francisco/","disqusTitle":"Hamasaki Concedes Nearly a Week After Jenkins Declares Victory in SF District Attorney's Race","WpOldSlug":"brooke-jenkins-appears-headed-to-victory-in-district-attorneys-race","templateType":"standard","featuredImageType":"standard","excludeFromSiteSearch":"Include","path":"/news/11931386/brooke-jenkins-district-attorney-results-san-francisco","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>On Tuesday, nearly a week after San Francisco District Attorney Brooke Jenkins declared victory in her bid to remain in office, her main challenger, John Hamasaki, publicly conceded.\u003c/p>\n\u003cp>\"Well, it's been a hell of a ride, but time to call this one,\" Hamasaki wrote in a tweet. \"I am beyond honored to have been supported by such an incredible group of staff, supporters, and voters.\"\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1592673424920711169"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>As of Tuesday evening, Jenkins had garnered \u003ca href=\"https://sfelections.sfgov.org/november-8-2022-election-results-summary\">just over 46.3% of first-round votes\u003c/a>, far outpacing Hamasaki, her closest rival, who had 37.2%. Meanwhile, candidate Joe Alioto Veronese remained in a distant third place, with just over 12% of the vote, followed by Maurice Chenier, with about 4%.\u003c/p>\n\u003cp>And with the elimination of Alioto Veronese and Chenier's early votes, as part of San Francisco's ranked choice voting process, Jenkins on Tuesday maintained an insurmountable lead, with roughly 54% of the vote, to Hamasaki's 46%.\u003c/p>\n\u003cp>Those totals may change as the count continues throughout the week. Notably, the count of what appeared to be a landslide recall of Boudin \u003ca href=\"https://sfelections.sfgov.org/june-7-2022-election-results-summary\">ultimately narrowed\u003c/a> by the time the race went to Jenkins.\u003c/p>\n\u003cp>Last week, a day after the election, when Jenkins' had already taken a significant lead, she declared victory.\u003c/p>\n\u003cp>“I extend my thanks and gratitude to the voters of San Francisco for placing their trust in me to serve as District Attorney,” she said in a statement at the time. “It is an honor of a lifetime to be elected and I pledge that improving and promoting public safety will be my and our office’s top priority.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"brooke-jenkins"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>At her election night party at San Francisco’s Harborview Restaurant and Bar, a Cantonese-style eatery, Jenkins had sounded a joyous tone in a speech to supporters that emphasized the “rebuilding process” in the district attorney's office.\u003c/p>\n\u003cp>Attorneys in the DA's office “can now serve the city and county of San Francisco and not be worried that their hands will be tied,” Jenkins said. “They have really weathered this storm in a way that just warms my heart.”\u003c/p>\n\u003cp>Jenkins' victory reflects an incredible swing in both national and local attitudes toward crime and criminal justice.\u003c/p>\n\u003cp>Mayor London Breed \u003ca href=\"https://www.kqed.org/news/11918804/breed-taps-boudin-critic-brooke-jenkins-as-new-san-francisco-da\">appointed prosecutor Jenkins\u003c/a> to the district attorney role following the high-profile recall of progressive District Attorney Chesa Boudin.\u003c/p>\n\u003cp>The country, and the Bay Area, saw Boudin elected as a much-hailed progressive prosecutor just before protests for racial justice over the police killing of George Floyd in Minneapolis swept the nation.\u003c/p>\n\u003cp>But just as quickly came a backlash from Republicans, who seized on what experts say is a largely pandemic-driven change in crime rates to paint cities as rife with danger around every corner.\u003c/p>\n\u003cp>Those sentiments — alongside a very real and well-cataloged rise in anti-Asian hate incidents — swung San Francisco voters’ desire for criminal justice reform to a desire for safety, polls showed, even if that shift comes at the cost of abandoning some reform-minded policies the electorate previously supported.\u003c/p>\n\u003cfigure id=\"attachment_11931637\" class=\"wp-caption aligncenter\" style=\"max-width: 1358px\">\u003cimg class=\"size-full wp-image-11931637\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/11/F942529F-3AD2-46F5-9542-1453A5CDB6A3.jpg\" alt=\"San Francisco District Attorney candidate John Hamasaki\" width=\"1358\" height=\"905\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/11/F942529F-3AD2-46F5-9542-1453A5CDB6A3.jpg 1358w, https://ww2.kqed.org/app/uploads/sites/10/2022/11/F942529F-3AD2-46F5-9542-1453A5CDB6A3-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/11/F942529F-3AD2-46F5-9542-1453A5CDB6A3-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/11/F942529F-3AD2-46F5-9542-1453A5CDB6A3-160x107.jpg 160w\" sizes=\"(max-width: 1358px) 100vw, 1358px\">\u003cfigcaption class=\"wp-caption-text\">San Francisco district attorney candidate John Hamasaki speaks to campaign supporters at El Rio in San Francisco on Nov. 8, 2022. While Jenkins has declared victory, Hamasaki has not conceded. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>This year, unlike in many high-profile San Francisco races, campaign spending didn’t break local records. The effort to recall Boudin topped $10 million, much of that money coming from outside San Francisco. But as reported by The San Francisco Standard, independent campaign committees largely stayed out of the fray this time, potentially because they did not see Jenkins’ opponents as serious challengers.\u003c/p>\n\u003cp>Jenkins herself raised $256,000 as of the latest campaign finance returns, with Hamasaki and Alioto Veronese each raising about $140,000 each.\u003c/p>\n\u003cp>That lack of money could be seen in the advertising around the race. Whereas Boudin faced new accusations of failure in television ads with every viral video of a shoplifting, Jenkins’ reputation remained largely unscathed even in the face of persistent local crime — or the fact that Jenkins has preserved certain policies from Boudin's tenure, such as an innocence commission aiming to free those imprisoned on wrongful convictions.\u003c/p>\n\u003cp>Despite a lower-profile race than that of June’s recall and the power of incumbency, the road was not smooth for Jenkins.\u003c/p>\n\u003cp>Myriad scandals rocked her brief time in office, from an ethics complaint alleging she lied about past misconduct, to early reporting by The SF Standard showing she took $100,000 from the campaign to recall Boudin despite claiming publicly she was a campaign volunteer.\u003c/p>\n\u003cp>But one scandal in particular still casts a shadow over the election.\u003c/p>\n\u003cp>A \u003ca href=\"https://missionlocal.org/2022/11/brooke-jenkins-don-dubain-troy-mcallister-police-report-rap-sheet-recall-chesa-boudin/\">report by Mission Local\u003c/a> found that Jenkins, when she was an assistant district attorney in Boudin’s office, sent a rap sheet in a case of interest to another assistant district attorney in apparent violation of state law. Whether it was a personal email or a professional one doesn’t matter — sending a person’s rap sheet without an expressly work-related reason is a misdemeanor offense, experts told the outlet.\u003c/p>\n\u003cp>But voting returns show that San Franciscans seem to care more about Jenkins’ policies than any potential ethical lapses.\u003c/p>\n\u003cp>She announced she would charge some minors as adults in situations that “shock the conscience.” Early, and often, Jenkins courted the local Chinese community, attending events at the Chinese Consolidated Benevolent Association and on Chinatown streets touting her plans to aggressively prosecute people who commit hate crimes.\u003c/p>\n\u003cp>And at the center of those policies was Jenkins’ line in the sand against fentanyl dealers.\u003c/p>\n\u003cp>As voters decried open-air drug use in the Tenderloin, Jenkins famously rescinded diversion-program deals for more than 30 drug dealers Boudin had offered them to. Ultimately, she said, she would end offers of diversion programs for drug dealers entirely, particularly for those trafficking drugs laced with fentanyl, a reversal of her predecessor’s policies.\u003c/p>\n\u003cp>Jenkins also announced a policy to bring charges against drug users once they receive five citations — effectively “bundling” them — for public drug use. The office would then refer those people with bundled charges to a restorative justice program through the city’s Community Justice Center.\u003c/p>\n\u003cp>Some of Jenkins’ critics said her policies amounted to a revival of the failed war on drugs launched by President Richard Nixon. At an October press conference, Jenkins embraced that idea.\u003c/p>\n\u003cp>“People want to talk about, well, ‘The war on drugs this, the war on drugs that,’” Jenkins said, adding, “It is a war on fentanyl. It is.”\u003c/p>\n\u003cp>\u003cem>An earlier version of this story was originally published Nov. 9.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11931386/brooke-jenkins-district-attorney-results-san-francisco","authors":["11690"],"categories":["news_8"],"tags":["news_31298","news_17626","news_30879","news_31072","news_30103","news_559"],"featImg":"news_11931799","label":"news"},"news_11930085":{"type":"posts","id":"news_11930085","meta":{"index":"posts_1591205157","site":"news","id":"11930085","score":null,"sort":[1666735232000]},"guestAuthors":[],"slug":"though-wage-theft-is-a-crime-few-california-das-file-charges-for-it","title":"Though Wage Theft Is a Crime, Few California DAs File Charges for It","publishDate":1666735232,"format":"standard","headTitle":"CALmatters | KQED News","labelTerm":{"term":18481,"site":"news"},"content":"\u003cp>It took two shifts to clean the five-story central Los Angeles office building where Edith Lopez worked as a janitor.\u003c/p>\n\u003cp>From morning to dusk she vacuumed, wiped down kitchens and took out trash, and her employer, Pacific Commercial Co., paid her like a regular employee. Then from 5 p.m. to 10 p.m. she did the same but Pacific classified her as an independent contractor and paid for those hours with personal checks that left out typical payroll deductions such as income tax or Social Security withholding, she said.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11916303,news_11924013,news_11929398\"]Over her eight years working for Pacific Commercial, the company sometimes paid her late and cut her hours, she said, and she didn’t receive any time-and-a-half overtime premiums. Lopez, a single mother who emigrated from Durango, Mexico, fell behind on rent and worried about supporting her three daughters. A doctor warned the 52-year-old that stress was causing her blood pressure to spike.\u003c/p>\n\u003cp>In September, she got a break. She received $30,000 in restitution, the result of the successful criminal prosecution of her former boss, Moon Hyuk Hahn, by the Los Angeles District Attorney’s Office in partnership with the state’s Labor Commissioner, the California Department of Insurance and a janitorial industry watchdog group called the Maintenance Cooperation Trust Fund.\u003c/p>\n\u003cp>“It feels like retribution for the suffering that this company has put me through,” Lopez said. “This company has caused me to lose out on time with my family and made my family suffer.”\u003c/p>\n\u003ch2>Rare criminal charges\u003c/h2>\n\u003cp>Hahn, who owns Pacific Commercial, faced\u003ca href=\"http://www.janitorialwatch.org/2020/10/23/principal-of-mid-wilshire-area-janitorial-contractor-pacific-commercial-faces-26-felony-counts-at-upcoming-criminal-trial/\"> more than a dozen counts of grand theft of wages\u003c/a> and other allegations. He pleaded guilty to a count of insurance fraud and wage theft and has agreed to pay \u003ca href=\"https://calmatters.org/wp-content/uploads/2022/06/Restitution-Order-Moon-Hyuk-Hahn-Case-No.-BA488745_Redacted-1.pdf\">$1.6 million in restitution (PDF)\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>He declined to comment to CalMatters, but his attorney, Keith Kim, said the plea was a “safer route” than going to trial.\u003c/p>\n\u003cp>Most of California’s \u003ca href=\"https://calmatters.org/series/unpaid-wages-california-workers/\">wage theft cases\u003c/a> aren’t handled this way.\u003c/p>\n\u003cp>\u003ca href=\"https://www.cbsnews.com/sacramento/news/are-you-a-wage-theft-victim/\">Wage theft\u003c/a> has been a federal crime for decades, but in California, \u003ca href=\"https://calmatters.org/california-divide/2022/10/agency-battling-wage-theft/?series=unpaid-wages-california-workers\">where felony cases are punishable by up to three years in jail\u003c/a>, prosecutors across the state rarely file criminal charges based solely on wage theft.\u003c/p>\n\u003cfigure id=\"attachment_11930103\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7.jpg\">\u003cimg class=\"size-medium wp-image-11930103\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-800x534.jpg\" alt=\"an older Latina woman in a red shirt stands in front of a mural\" width=\"800\" height=\"534\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-1536x1025.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7.jpg 1568w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Edith Lopez, 57, stands for a portrait at Eugene A. Obregon Park in East Los Angeles on Oct. 20, 2022. \u003ccite>(Pablo Unzueta/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Some prosecutors say that is beginning to change.\u003c/p>\n\u003cp>Since 2015, the state’s Labor Commissioner’s Office has investigated 16 labor violation cases that resulted in criminal charges, spokesperson Paola Laverde said in an email. Eleven of those cases involved wage theft.\u003c/p>\n\u003cp>Few local prosecutors contacted across the state could tell CalMatters how many wage theft cases they’ve brought charges for since 2015.\u003c/p>\n\u003cp>By contrast, the Labor Commissioner’s Office conducted investigations of worksites and issued 141 minimum wage violation citations and 102 overtime violation citations in the 2019-2020 fiscal year. Those wage theft citations were handled administratively or in civil court.\u003c/p>\n\u003cp>Also workers who think their wages were stolen usually file claims with the Labor Commissioner’s Office, rather than reporting it to law enforcement. Last year California employees \u003ca href=\"https://calmatters.org/california-divide/2022/08/wage-theft-california-car-wash/?series=unpaid-wages-california-workers\">filed 19,000 unpaid wage claims\u003c/a> for a total of $320 million, which also are usually handled administratively.\u003c/p>\n\u003ch2>Prosecutors' attention\u003c/h2>\n\u003cp>As California continues to grapple with the scope of wage theft, prosecutors say criminal charges could become more common. Several prosecutors offices in recent years have announced units that will focus on labor violations such as wage theft.\u003c/p>\n\u003cp>“The goal here is to increase our prosecutorial attention to wage theft,” said George Gascón, LA’s district attorney, who last year agreed to take referrals and investigate wage theft alongside the Labor Commissioner’s Office. “This (wage theft) is bad for the entire community.”\u003c/p>\n\u003cp>The initiatives coincide with an increase in what some call “\u003ca href=\"https://calmatters.org/politics/2022/06/chesa-boudin-criminal-justice-reform/\">progressive prosecutors\u003c/a>,” who seek to refocus their offices’ attention on issues that disproportionately affect lower-income residents and residents of color, such as labor violations and human trafficking. Studies show that wage theft primarily affects the most vulnerable workers: those who make low wages, who are often people of color or immigrants.\u003c/p>\n\u003cp>These efforts often draw on law enforcement that already is targeting related forms of white-collar crime, such as workers' compensation fraud or tax evasion — where victims are other businesses or the government, rather than workers.\u003c/p>\n\u003cp>“Wage theft affects far more individual people who are living on the margins and therefore is a greater impact on public safety than many of the categories of crime that DAs traditionally focus their resources on,” said Chesa Boudin, a former San Francisco district attorney who created a unit investigating workplace crimes in 2020.\u003c/p>\n\u003cp>Five years ago, the criminal investigation unit in the Labor Commissioner’s Office forwarded three cases to prosecutors. So far this year, it has referred more than a dozen, Laverde said.\u003c/p>\n\u003ch2>'More scary'\u003c/h2>\n\u003cp>Nationally there is \u003ca href=\"https://www.epi.org/publication/fighting-workplace-abuses-criminal-prosecutions-of-wage-theft-and-other-employer-crimes-against-workers/\">a rise in criminal prosecutions of labor abuses\u003c/a>, according to a report released last year by the left-leaning Economic Policy Institute. The study noted that since 2017, prosecutors in 15 states have brought new criminal cases against employers.\u003c/p>\n\u003cp>“My strong sense was that the employer community really responded differently to criminal versus civil cases,” said Terri Gerstein, the report’s author and a former labor bureau chief in New York’s Attorney General’s office. “It felt different when there was a criminal case. It was much more scary.”\u003c/p>\n\u003cfigure id=\"attachment_11930102\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1408774696.jpg\">\u003cimg class=\"size-medium wp-image-11930102\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1408774696-800x551.jpg\" alt=\"a young white man with a beard stands in a blue suit outside a gray building\" width=\"800\" height=\"551\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1408774696-800x551.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1408774696-1020x702.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1408774696-160x110.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1408774696.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Former District Attorney Chesa Boudin is seen outside the Hall of Justice in San Francisco on Dec. 30, 2020. As DA, he created a unit investigating workplace crimes. \u003ccite>(Paul Chinn/The San Francisco Chronicle via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Some labor experts question whether criminal prosecution is an effective tool for recovering money. After all, many workers who win civil wage judgments against their bosses still end up collecting nothing, and some businesses operating in the so-called underground economy don’t even have liquid assets, workers’ attorneys say.\u003c/p>\n\u003cp>When a business owner gets convicted, “if they’re behind bars, they’re definitely not paying their workers,” said Tia Koonse, legal and policy research manager at the UCLA Labor Center.\u003c/p>\n\u003cp>Others say the threat of jail time and the negative press associated with criminal charges are stronger deterrents than other labor enforcement methods.\u003c/p>\n\u003cp>The prospect of jail also can force a business owner to pay restitution, said Joel McComb, deputy district attorney in San Mateo County.\u003c/p>\n\u003cp>Recently a Half Moon Bay hemp farmer paid $128,000 in restitution to 31 former employees whom, authorities say, he had stopped paying in December 2020 and January 2021. Initially the farmer faced 33 felony counts of theft of labor, but he pleaded no contest to two counts and was \u003ca href=\"https://www.smcgov.org/da/news/hemp-farm-owner-sentenced-theft-labor-tax-evasion-and-failure-maintain-workers-0\">sentenced to a year in jail\u003c/a>, to serve concurrently with a two-year sentence in an unrelated case, McComb said.\u003c/p>\n\u003ch2>Risks and benefits\u003c/h2>\n\u003cp>In the Pacific Commercial case in Los Angeles, Lopez and 16 other workers received a total of $240,000 in restitution. The money came from $522,000 the California Department of Insurance seized from the company during the investigation. The state kept the rest for back taxes.\u003c/p>\n\u003cp>Hahn still owes about $1 million, to be split among the state and two insurance companies authorities say he defrauded, a spokesperson for Gascón’s office said.\u003c/p>\n\u003cp>In that investigation, Gascón said, his office focused on returning money to victims, and the cash seizure created a “clear path” for repayment.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"George Gascón, Los Angeles district attorney\"]'We want to make sure that we are not creating a situation where … you're gonna have a whole bunch of unemployed people as well.'[/pullquote]But a cash payout isn’t always possible in wage theft cases, he said, and prosecutors have to weigh the risks and benefits of criminal charges.\u003c/p>\n\u003cp>The threat of losing a business is a “substantial deterrent” to wage theft, he said.\u003c/p>\n\u003cp>“But we’re also cognizant of the fact that there are many people working in this company that depend on this work for their livelihood,” he said. “And then the evaluation is, we want to make sure that we are not creating a situation where … you’re gonna have a whole bunch of unemployed people as well. So it’s really striking a balance.”\u003c/p>\n\u003ch2>The human toll\u003c/h2>\n\u003cp>As a Santa Clara County district attorney’s investigator focused on insurance fraud, Michael Whittington said he often saw employers paying employees off the books or shorting their wages.\u003c/p>\n\u003cp>But few workers were willing to come forward to testify as victims, he said, so his office was charging wage theft “intermittently, when we could identify it.”\u003c/p>\n\u003cp>In the wake of nationwide protests for racial equity in the criminal legal system, the Santa Clara County District Attorney’s Office announced in 2020 it was forming a Worker Exploitation Task Force, bringing together state and federal labor agencies to refer wage theft cases to the prosecutor’s office.\u003c/p>\n\u003cp>“We truly turned our focus to finding what we called the human toll of fraud investigations, and focusing on wage theft first,” said Whittington, captain of the office’s Bureau of Investigation. He said the partnership has helped encourage workers to come forward and cooperate with law enforcement; now he hears from workers who want to report cases directly to him.\u003c/p>\n\u003ch2>The right thing\u003c/h2>\n\u003cp>Alongside the task force launch, the DA’s office announced charges against Robert Foster, then a San José police officer, and his wife, whom they accused of running an off-the-books private security business. Prosecutors said the business engaged in insurance fraud, tax evasion and money laundering and that Foster failed to pay workers overtime, underreported worker injuries, and \u003ca href=\"https://countyda.sccgov.org/news/news-release/san-jose-police-officer-charged-worker-exploitation-multi-million-dollar-fraud\">threatened employees\u003c/a>.\u003c/p>\n\u003cp>He pleaded no contest in January and this March was \u003ca href=\"https://countyda.sccgov.org/news/news-release/former-san-jose-police-officer-sentenced-jail-multi-million-dollar-fraud-scheme\">sentenced to three years in jail\u003c/a>.\u003c/p>\n\u003cp>His attorney, Ronald Richards, said Foster has paid full restitution, including money owed to workers and $1.13 million to the state and to insurance companies.\u003c/p>\n\u003cp>Richards said his client got caught up in his bookkeeper’s business decisions and “wanted to rectify the situation and do the right thing.” The case hinged on whether the workers could be classified as contractors rather than employees, he said.\u003c/p>\n\u003ch2>When to charge the crime\u003c/h2>\n\u003cp>Richards opined that Foster should have had a chance to pay a penalty and settle the matter outside of criminal court.\u003c/p>\n\u003cp>“He wasn’t stealing any wages,” Richards said. “A lot of times people pay after an audit. Why are you going to discourage people from paying? If you charge them criminally, they’re just going to pay the criminal lawyer.”[pullquote align=\"right\" size=\"medium\" citation=\"Chesa Boudin, former San Francisco district attorney\"]'Wage theft affects more people who are living on the margins and therefore is a greater impact on public safety than many of the categories of crime that DAs traditionally focus their resources on.'[/pullquote]Similarly, in San Diego County, District Attorney Summer Stephan last year \u003ca href=\"https://www.sdcda.org/content/office/newsroom/tempDownloads/33d8e703-5a68-4ef5-8c54-3d19888df233_Workplace%20Justice%20News%20Release%202-22-2021.pdf\">launched a Workplace Justice Unit (PDF)\u003c/a> dedicated to investigating wage and hour violations and labor trafficking.\u003c/p>\n\u003cp>Before, the office had charged wage theft when it was secondary to insurance fraud or tax evasion cases.\u003c/p>\n\u003cp>So far, the unit has secured a guilty plea in one wage theft case, a spokesperson said.\u003c/p>\n\u003cp>Several prosecutors said there aren’t general rules about when to file criminal charges in wage theft cases; they decide on a case-by-case basis.\u003c/p>\n\u003cp>Criminal cases come with a higher burden of proof than civil ones; prosecutors must prove an employer is guilty beyond a “reasonable doubt.” And to convict an employer of wage theft under California law, a prosecutor also must prove that nonpayment was intentional, not merely an oversight.\u003c/p>\n\u003ch2>More victims\u003c/h2>\n\u003cp>Last year California lawmakers gave law enforcement additional flexibility when charging wage theft as a felony.\u003c/p>\n\u003cp>While the state’s felony grand theft statute already includes stolen wages of at least $950 from a single worker in a one-year period, the new statute allows charges if multiple workers lose at least $2,350 in unpaid wages combined.\u003c/p>\n\u003cp>The new law “allows us to aggregate the losses of multiple employees of the same company,” said Tanya Sierra, spokesperson for the San Diego County district attorney. “This would allow us to prosecute cases where an employer steals a little bit from many employees rather than a large sum from just one employee.”\u003c/p>\n\u003cp>Several DA offices and the California District Attorneys Association said they know of no cases filed under the new law, which went into effect in January.\u003c/p>\n\u003cp>Boudin said his office in San Francisco was conducting multiple investigations under the new statute prior to his recall by voters last spring.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>A spokesperson for Gascón’s office in Los Angeles said officials expect to file at least one case under the new statute by the end of the year.\u003c/p>\n\n","blocks":[],"excerpt":"To help fight wage theft, some prosecutors are partnering with the state on more cases, or forming special units to pursue labor abuses as crimes. A new felony law could also help, they say.","status":"publish","parent":0,"modified":1666807324,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":55,"wordCount":2245},"headData":{"title":"Though Wage Theft Is a Crime, Few California DAs File Charges for It | KQED","description":"To help fight wage theft, some prosecutors are partnering with the state on more cases, or forming special units to pursue labor abuses as crimes. A new felony law could also help, they say.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Though Wage Theft Is a Crime, Few California DAs File Charges for It","datePublished":"2022-10-25T22:00:32.000Z","dateModified":"2022-10-26T18:02:04.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11930085 https://ww2.kqed.org/news/?p=11930085","disqusUrl":"https://ww2.kqed.org/news/2022/10/25/though-wage-theft-is-a-crime-few-california-das-file-charges-for-it/","disqusTitle":"Though Wage Theft Is a Crime, Few California DAs File Charges for It","nprByline":"\u003ca href=\"https://calmatters.org/author/jeanne-kuang/\">Jeanne Kuang\u003c/a> and \u003ca href=\"https://calmatters.org/author/lil-kalish/\">Lil Kalish\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","path":"/news/11930085/though-wage-theft-is-a-crime-few-california-das-file-charges-for-it","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>It took two shifts to clean the five-story central Los Angeles office building where Edith Lopez worked as a janitor.\u003c/p>\n\u003cp>From morning to dusk she vacuumed, wiped down kitchens and took out trash, and her employer, Pacific Commercial Co., paid her like a regular employee. Then from 5 p.m. to 10 p.m. she did the same but Pacific classified her as an independent contractor and paid for those hours with personal checks that left out typical payroll deductions such as income tax or Social Security withholding, she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11916303,news_11924013,news_11929398"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Over her eight years working for Pacific Commercial, the company sometimes paid her late and cut her hours, she said, and she didn’t receive any time-and-a-half overtime premiums. Lopez, a single mother who emigrated from Durango, Mexico, fell behind on rent and worried about supporting her three daughters. A doctor warned the 52-year-old that stress was causing her blood pressure to spike.\u003c/p>\n\u003cp>In September, she got a break. She received $30,000 in restitution, the result of the successful criminal prosecution of her former boss, Moon Hyuk Hahn, by the Los Angeles District Attorney’s Office in partnership with the state’s Labor Commissioner, the California Department of Insurance and a janitorial industry watchdog group called the Maintenance Cooperation Trust Fund.\u003c/p>\n\u003cp>“It feels like retribution for the suffering that this company has put me through,” Lopez said. “This company has caused me to lose out on time with my family and made my family suffer.”\u003c/p>\n\u003ch2>Rare criminal charges\u003c/h2>\n\u003cp>Hahn, who owns Pacific Commercial, faced\u003ca href=\"http://www.janitorialwatch.org/2020/10/23/principal-of-mid-wilshire-area-janitorial-contractor-pacific-commercial-faces-26-felony-counts-at-upcoming-criminal-trial/\"> more than a dozen counts of grand theft of wages\u003c/a> and other allegations. He pleaded guilty to a count of insurance fraud and wage theft and has agreed to pay \u003ca href=\"https://calmatters.org/wp-content/uploads/2022/06/Restitution-Order-Moon-Hyuk-Hahn-Case-No.-BA488745_Redacted-1.pdf\">$1.6 million in restitution (PDF)\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He declined to comment to CalMatters, but his attorney, Keith Kim, said the plea was a “safer route” than going to trial.\u003c/p>\n\u003cp>Most of California’s \u003ca href=\"https://calmatters.org/series/unpaid-wages-california-workers/\">wage theft cases\u003c/a> aren’t handled this way.\u003c/p>\n\u003cp>\u003ca href=\"https://www.cbsnews.com/sacramento/news/are-you-a-wage-theft-victim/\">Wage theft\u003c/a> has been a federal crime for decades, but in California, \u003ca href=\"https://calmatters.org/california-divide/2022/10/agency-battling-wage-theft/?series=unpaid-wages-california-workers\">where felony cases are punishable by up to three years in jail\u003c/a>, prosecutors across the state rarely file criminal charges based solely on wage theft.\u003c/p>\n\u003cfigure id=\"attachment_11930103\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7.jpg\">\u003cimg class=\"size-medium wp-image-11930103\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-800x534.jpg\" alt=\"an older Latina woman in a red shirt stands in front of a mural\" width=\"800\" height=\"534\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-1536x1025.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7.jpg 1568w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Edith Lopez, 57, stands for a portrait at Eugene A. Obregon Park in East Los Angeles on Oct. 20, 2022. \u003ccite>(Pablo Unzueta/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Some prosecutors say that is beginning to change.\u003c/p>\n\u003cp>Since 2015, the state’s Labor Commissioner’s Office has investigated 16 labor violation cases that resulted in criminal charges, spokesperson Paola Laverde said in an email. Eleven of those cases involved wage theft.\u003c/p>\n\u003cp>Few local prosecutors contacted across the state could tell CalMatters how many wage theft cases they’ve brought charges for since 2015.\u003c/p>\n\u003cp>By contrast, the Labor Commissioner’s Office conducted investigations of worksites and issued 141 minimum wage violation citations and 102 overtime violation citations in the 2019-2020 fiscal year. Those wage theft citations were handled administratively or in civil court.\u003c/p>\n\u003cp>Also workers who think their wages were stolen usually file claims with the Labor Commissioner’s Office, rather than reporting it to law enforcement. Last year California employees \u003ca href=\"https://calmatters.org/california-divide/2022/08/wage-theft-california-car-wash/?series=unpaid-wages-california-workers\">filed 19,000 unpaid wage claims\u003c/a> for a total of $320 million, which also are usually handled administratively.\u003c/p>\n\u003ch2>Prosecutors' attention\u003c/h2>\n\u003cp>As California continues to grapple with the scope of wage theft, prosecutors say criminal charges could become more common. Several prosecutors offices in recent years have announced units that will focus on labor violations such as wage theft.\u003c/p>\n\u003cp>“The goal here is to increase our prosecutorial attention to wage theft,” said George Gascón, LA’s district attorney, who last year agreed to take referrals and investigate wage theft alongside the Labor Commissioner’s Office. “This (wage theft) is bad for the entire community.”\u003c/p>\n\u003cp>The initiatives coincide with an increase in what some call “\u003ca href=\"https://calmatters.org/politics/2022/06/chesa-boudin-criminal-justice-reform/\">progressive prosecutors\u003c/a>,” who seek to refocus their offices’ attention on issues that disproportionately affect lower-income residents and residents of color, such as labor violations and human trafficking. Studies show that wage theft primarily affects the most vulnerable workers: those who make low wages, who are often people of color or immigrants.\u003c/p>\n\u003cp>These efforts often draw on law enforcement that already is targeting related forms of white-collar crime, such as workers' compensation fraud or tax evasion — where victims are other businesses or the government, rather than workers.\u003c/p>\n\u003cp>“Wage theft affects far more individual people who are living on the margins and therefore is a greater impact on public safety than many of the categories of crime that DAs traditionally focus their resources on,” said Chesa Boudin, a former San Francisco district attorney who created a unit investigating workplace crimes in 2020.\u003c/p>\n\u003cp>Five years ago, the criminal investigation unit in the Labor Commissioner’s Office forwarded three cases to prosecutors. So far this year, it has referred more than a dozen, Laverde said.\u003c/p>\n\u003ch2>'More scary'\u003c/h2>\n\u003cp>Nationally there is \u003ca href=\"https://www.epi.org/publication/fighting-workplace-abuses-criminal-prosecutions-of-wage-theft-and-other-employer-crimes-against-workers/\">a rise in criminal prosecutions of labor abuses\u003c/a>, according to a report released last year by the left-leaning Economic Policy Institute. The study noted that since 2017, prosecutors in 15 states have brought new criminal cases against employers.\u003c/p>\n\u003cp>“My strong sense was that the employer community really responded differently to criminal versus civil cases,” said Terri Gerstein, the report’s author and a former labor bureau chief in New York’s Attorney General’s office. “It felt different when there was a criminal case. It was much more scary.”\u003c/p>\n\u003cfigure id=\"attachment_11930102\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1408774696.jpg\">\u003cimg class=\"size-medium wp-image-11930102\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1408774696-800x551.jpg\" alt=\"a young white man with a beard stands in a blue suit outside a gray building\" width=\"800\" height=\"551\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1408774696-800x551.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1408774696-1020x702.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1408774696-160x110.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1408774696.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Former District Attorney Chesa Boudin is seen outside the Hall of Justice in San Francisco on Dec. 30, 2020. As DA, he created a unit investigating workplace crimes. \u003ccite>(Paul Chinn/The San Francisco Chronicle via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Some labor experts question whether criminal prosecution is an effective tool for recovering money. After all, many workers who win civil wage judgments against their bosses still end up collecting nothing, and some businesses operating in the so-called underground economy don’t even have liquid assets, workers’ attorneys say.\u003c/p>\n\u003cp>When a business owner gets convicted, “if they’re behind bars, they’re definitely not paying their workers,” said Tia Koonse, legal and policy research manager at the UCLA Labor Center.\u003c/p>\n\u003cp>Others say the threat of jail time and the negative press associated with criminal charges are stronger deterrents than other labor enforcement methods.\u003c/p>\n\u003cp>The prospect of jail also can force a business owner to pay restitution, said Joel McComb, deputy district attorney in San Mateo County.\u003c/p>\n\u003cp>Recently a Half Moon Bay hemp farmer paid $128,000 in restitution to 31 former employees whom, authorities say, he had stopped paying in December 2020 and January 2021. Initially the farmer faced 33 felony counts of theft of labor, but he pleaded no contest to two counts and was \u003ca href=\"https://www.smcgov.org/da/news/hemp-farm-owner-sentenced-theft-labor-tax-evasion-and-failure-maintain-workers-0\">sentenced to a year in jail\u003c/a>, to serve concurrently with a two-year sentence in an unrelated case, McComb said.\u003c/p>\n\u003ch2>Risks and benefits\u003c/h2>\n\u003cp>In the Pacific Commercial case in Los Angeles, Lopez and 16 other workers received a total of $240,000 in restitution. The money came from $522,000 the California Department of Insurance seized from the company during the investigation. The state kept the rest for back taxes.\u003c/p>\n\u003cp>Hahn still owes about $1 million, to be split among the state and two insurance companies authorities say he defrauded, a spokesperson for Gascón’s office said.\u003c/p>\n\u003cp>In that investigation, Gascón said, his office focused on returning money to victims, and the cash seizure created a “clear path” for repayment.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We want to make sure that we are not creating a situation where … you're gonna have a whole bunch of unemployed people as well.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"George Gascón, Los Angeles district attorney","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>But a cash payout isn’t always possible in wage theft cases, he said, and prosecutors have to weigh the risks and benefits of criminal charges.\u003c/p>\n\u003cp>The threat of losing a business is a “substantial deterrent” to wage theft, he said.\u003c/p>\n\u003cp>“But we’re also cognizant of the fact that there are many people working in this company that depend on this work for their livelihood,” he said. “And then the evaluation is, we want to make sure that we are not creating a situation where … you’re gonna have a whole bunch of unemployed people as well. So it’s really striking a balance.”\u003c/p>\n\u003ch2>The human toll\u003c/h2>\n\u003cp>As a Santa Clara County district attorney’s investigator focused on insurance fraud, Michael Whittington said he often saw employers paying employees off the books or shorting their wages.\u003c/p>\n\u003cp>But few workers were willing to come forward to testify as victims, he said, so his office was charging wage theft “intermittently, when we could identify it.”\u003c/p>\n\u003cp>In the wake of nationwide protests for racial equity in the criminal legal system, the Santa Clara County District Attorney’s Office announced in 2020 it was forming a Worker Exploitation Task Force, bringing together state and federal labor agencies to refer wage theft cases to the prosecutor’s office.\u003c/p>\n\u003cp>“We truly turned our focus to finding what we called the human toll of fraud investigations, and focusing on wage theft first,” said Whittington, captain of the office’s Bureau of Investigation. He said the partnership has helped encourage workers to come forward and cooperate with law enforcement; now he hears from workers who want to report cases directly to him.\u003c/p>\n\u003ch2>The right thing\u003c/h2>\n\u003cp>Alongside the task force launch, the DA’s office announced charges against Robert Foster, then a San José police officer, and his wife, whom they accused of running an off-the-books private security business. Prosecutors said the business engaged in insurance fraud, tax evasion and money laundering and that Foster failed to pay workers overtime, underreported worker injuries, and \u003ca href=\"https://countyda.sccgov.org/news/news-release/san-jose-police-officer-charged-worker-exploitation-multi-million-dollar-fraud\">threatened employees\u003c/a>.\u003c/p>\n\u003cp>He pleaded no contest in January and this March was \u003ca href=\"https://countyda.sccgov.org/news/news-release/former-san-jose-police-officer-sentenced-jail-multi-million-dollar-fraud-scheme\">sentenced to three years in jail\u003c/a>.\u003c/p>\n\u003cp>His attorney, Ronald Richards, said Foster has paid full restitution, including money owed to workers and $1.13 million to the state and to insurance companies.\u003c/p>\n\u003cp>Richards said his client got caught up in his bookkeeper’s business decisions and “wanted to rectify the situation and do the right thing.” The case hinged on whether the workers could be classified as contractors rather than employees, he said.\u003c/p>\n\u003ch2>When to charge the crime\u003c/h2>\n\u003cp>Richards opined that Foster should have had a chance to pay a penalty and settle the matter outside of criminal court.\u003c/p>\n\u003cp>“He wasn’t stealing any wages,” Richards said. “A lot of times people pay after an audit. Why are you going to discourage people from paying? If you charge them criminally, they’re just going to pay the criminal lawyer.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Wage theft affects more people who are living on the margins and therefore is a greater impact on public safety than many of the categories of crime that DAs traditionally focus their resources on.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Chesa Boudin, former San Francisco district attorney","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Similarly, in San Diego County, District Attorney Summer Stephan last year \u003ca href=\"https://www.sdcda.org/content/office/newsroom/tempDownloads/33d8e703-5a68-4ef5-8c54-3d19888df233_Workplace%20Justice%20News%20Release%202-22-2021.pdf\">launched a Workplace Justice Unit (PDF)\u003c/a> dedicated to investigating wage and hour violations and labor trafficking.\u003c/p>\n\u003cp>Before, the office had charged wage theft when it was secondary to insurance fraud or tax evasion cases.\u003c/p>\n\u003cp>So far, the unit has secured a guilty plea in one wage theft case, a spokesperson said.\u003c/p>\n\u003cp>Several prosecutors said there aren’t general rules about when to file criminal charges in wage theft cases; they decide on a case-by-case basis.\u003c/p>\n\u003cp>Criminal cases come with a higher burden of proof than civil ones; prosecutors must prove an employer is guilty beyond a “reasonable doubt.” And to convict an employer of wage theft under California law, a prosecutor also must prove that nonpayment was intentional, not merely an oversight.\u003c/p>\n\u003ch2>More victims\u003c/h2>\n\u003cp>Last year California lawmakers gave law enforcement additional flexibility when charging wage theft as a felony.\u003c/p>\n\u003cp>While the state’s felony grand theft statute already includes stolen wages of at least $950 from a single worker in a one-year period, the new statute allows charges if multiple workers lose at least $2,350 in unpaid wages combined.\u003c/p>\n\u003cp>The new law “allows us to aggregate the losses of multiple employees of the same company,” said Tanya Sierra, spokesperson for the San Diego County district attorney. “This would allow us to prosecute cases where an employer steals a little bit from many employees rather than a large sum from just one employee.”\u003c/p>\n\u003cp>Several DA offices and the California District Attorneys Association said they know of no cases filed under the new law, which went into effect in January.\u003c/p>\n\u003cp>Boudin said his office in San Francisco was conducting multiple investigations under the new statute prior to his recall by voters last spring.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A spokesperson for Gascón’s office in Los Angeles said officials expect to file at least one case under the new statute by the end of the year.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11930085/though-wage-theft-is-a-crime-few-california-das-file-charges-for-it","authors":["byline_news_11930085"],"categories":["news_8"],"tags":["news_31898","news_27626","news_31371","news_559","news_18208"],"affiliates":["news_18481"],"featImg":"news_11930086","label":"news_18481"},"news_11927473":{"type":"posts","id":"news_11927473","meta":{"index":"posts_1591205157","site":"news","id":"11927473","score":null,"sort":[1664672612000]},"guestAuthors":[],"slug":"which-ca-and-bay-area-candidates-are-outraising-their-opponents-and-which-are-trailing-behind","title":"Which CA and Bay Area Candidates Are Outraising Their Opponents, and Which Are Trailing Behind?","publishDate":1664672612,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>The end of September marks a major milestone in campaigns across California, as legal deadlines require candidates’ campaigns to reveal how much money they’ve raised over the past few months, tallying that alongside expenses.\u003c/p>\n\u003cp>Below is a roundup of some key races both large and small — from Gov. Gavin Newsom defending his job against his Republican challenger, to Board of Supervisors races in the city of San Francisco.\u003c/p>\n\u003cp>While we’re focusing on campaign finance in the coverage below, we’ve also got extensive reporting of candidates’ positions on top issues in our \u003ca href=\"https://www.kqed.org/voterguide\">KQED Election 2022 California Voter Guide.\u003c/a> Be sure to read it if you want to know what each candidate intends to do in office.\u003c/p>\n\u003ch2>Governor\u003c/h2>\n\u003cp>The governor’s race might top the ballot in November but the latest fundraising totals show why the contest between \u003ca href=\"https://cal-access.sos.ca.gov/Campaign/Committees/Detail.aspx?id=1414018&session=2021\">Gov. Gavin Newsom\u003c/a> and \u003ca href=\"https://cal-access.sos.ca.gov/Campaign/Committees/Detail.aspx?id=1444621&session=2021\">State Senator Brian Dahle\u003c/a> isn’t attracting much attention.\u003c/p>\n\u003cp>You’d expect a Democratic governor to outraise a Republican counterpart, but the numbers show how the state and national Republican parties are ignoring this race.\u003c/p>\n\u003cp>Newsom reports raising $2.1 million in the third quarter of 2022, bringing his total for the year to nearly $9 million. He has a whopping $23.2 million cash on hand.\u003c/p>\n\u003cp>By comparison, Dahle reports raising $590,579 in the last three months for a total of just over $2 million for the year. He has just $408,741 to spend between now and the November election.\u003c/p>\n\u003cp>In other words, Newsom has almost 57 times more cash than Dahle.\u003c/p>\n\u003cp>These financial reports do not include independent expenditures made for or against these candidates.\u003c/p>\n\u003ch2>State Controller\u003c/h2>\n\u003cp>In the race to succeed termed-out State Controller Betty Yee, it’s the Republican candidate who has the huge cash advantage.\u003c/p>\n\u003cp>\u003ca href=\"https://cal-access.sos.ca.gov/Campaign/Committees/Detail.aspx?id=1439261&session=2021&psort=AMOUNT&view=general\">Lanhee Chen\u003c/a>, a Stanford scholar and GOP political advisor who worked on the presidential campaigns of Mitt Romney and George W. Bush, reports raising $4.15 million overall, including $1.14 million in the third quarter. He has just over $3 million cash on hand.\u003c/p>\n\u003cp>By comparison, \u003ca href=\"https://cal-access.sos.ca.gov/Campaign/Committees/Detail.aspx?id=1437983&session=2021\">Democrat Malia Cohen\u003c/a> has raised $1.2 million in all of 2022, including $559,943 in the third quarter, with a relatively small $529,468 cash on hand.\u003c/p>\n\u003cp>Chen will need every penny of that cash and more to overcome the structural deficit his party faces among registered voters in California. As of May, the breakdown is roughly 47% registered Democratic, 24% Republican and 23% no party preference voters.\u003c/p>\n\u003cp>These financial reports do not include independent expenditures made for or against these candidates.\u003c/p>\n\u003ch2>Bay Area Mayor Races\u003c/h2>\n\u003cp>Filings also show spending ramping up in the region’s two high-profile mayor races, in San Jose and Oakland.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11915899/cindy-chavez-and-matt-mahan-headed-to-runoff-in-san-jose-mayoral-race\">The two contenders for the top job in San Jose\u003c/a>, City Council member Matt Mahan and Santa Clara County Supervisor Cindy Chavez, both enter the final stretch of the campaign with ample war chests. Mahan reported raising $672,914 over the summer, while Chavez brought in close to $557,679. With just over a week until voting begins, Chavez is sitting on over $458,282 while Mahan reported nearly $444,552 on hand.\u003c/p>\n\u003cp>During the primary, voters saw a deluge of spending from outside groups: Labor unions spent heavily in support of Chavez while current Mayor Sam Liccardo recruited business and developer dollars into his super PAC supporting Mahan. The outside spending cooled off over the summer, but filings this week show that could change. On Tuesday, the San Francisco 49ers dropped a whopping $420,000 into their committee backing Chavez.\u003c/p>\n\u003cp>In Oakland, filings show City Council members Loren Taylor and Sheng Thao emerging as the leading fundraisers in the 10-candidate field. So far this year, Taylor has raised $266,141 and spent $168,143, ending the filing period with $276,602 on hand. Thao has raised $242,700, spent $209,841 and reported $161,693 on hand.\u003c/p>\n\u003cp>So far, Thao has been the beneficiary of outside spending by a group called “Working Families for a Better Oakland,” which is bankrolled by some of the region’s leading labor unions. The committee reported spending $190,271 to support Thao’s run.\u003c/p>\n\u003ch2>San Francisco District Attorney Race\u003c/h2>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11918804/breed-taps-boudin-critic-brooke-jenkins-as-new-san-francisco-da\">District Attorney Brooke Jenkins\u003c/a> has outraised her opponents in the election for San Francisco district attorney, the newest numbers show — though, with a caveat.\u003c/p>\n\u003cp>Jenkins, the tough-on-crime district attorney appointed by Mayor London Breed to replace progressive DA Chesa Boudin after he was recalled, raised $126,000 through the end of September. Her challenger from the left, former police commissioner John Hamasaki, raised $87,000, and another former police commissioner, and former fire commissioner, Joe Alioto Veronese, raised $56,000.\u003c/p>\n\u003cp>While that may make it seem like Alioto Veronese is trailing behind in fundraising, this is where things get a little muddy.\u003c/p>\n\u003cp>In a tweet, Friday, Alioto Veronese claimed he raised more money than Jenkins and Hamasaki.\u003c/p>\n\u003cp>“Early results of our campaign fundraiser are in and they’re good. We’ve outraised incumbent DA @BrookeUnionCity two-to-one and public defender @HamasakiLaw three-to-one. The momentum is strong in this one!” he wrote, \u003ca href=\"https://twitter.com/joeavero/status/1575938538121592841\">on Twitter\u003c/a>.\u003c/p>\n\u003cp>https://twitter.com/joeavero/status/1575824490390376450\u003c/p>\n\u003cp>That’s only half-true.\u003c/p>\n\u003cp>If you count the money he’s been raising since the start of the year — well before his opponents declared their intention to run in the race — then yes, he did outraise them financially. Veronese started his 2023 campaign committee in January this year. Jenkins started her campaign committee mid-July, and Hamasaki started in mid-August.\u003c/p>\n\u003cp>But recent contributions are arguably the best indicator of momentum. Measured in that way, Jenkins is handily leading the pack, with Hamasaki close behind, and Alioto Veronese in the dust.\u003c/p>\n\u003cp>Similar to Alioto Veronese, on Twitter, \u003ca href=\"https://twitter.com/HamasakiLaw/status/1575932326063722497\">Hamasaki touted\u003c/a> raising more than Jenkins in the period in which he raised money, since he filed to run later than Jenkins — not counting the total money she raised the month before. Maggie Muir, a campaign consultant for Jenkins, said Alioto Veronese and Hamasaki's campaigns played fast and loose with the numbers.\u003c/p>\n\u003cp>“Hamasaki doesn’t seem to understand simple math. Joe Alioto Veronese is potentially illegally double dipping, counting the same donors twice. These two need to go back to school,” she said.\u003c/p>\n\u003cp>Speaking to KQED, Alioto Veronese countered that much of the funding from his older campaign accounts, though not all of it, can be transferred to the new one.\u003c/p>\n\u003cp>Last note: Some independent groups have raised their own money to support candidates. Most notably, the Alice B. Toklas LGBTQ Democratic Club has a cash balance of $41,492 to spend on candidates. They solely endorsed Jenkins for district attorney — expect to see her on their mailers advertising candidates to vote for. They’ve already spent roughly $5,000 on a billboard for her.\u003c/p>\n\u003ch2>San Francisco Board of Supervisors District 6 and District 4\u003c/h2>\n\u003cp>In the race to represent San Francisco’s District 6, including downtown, South of Market, Mission Bay, and Treasure Island neighborhoods, among others, candidate Honey Mahogany is leading, though not overwhelmingly.\u003c/p>\n\u003cp>Mahogany, a former aide to former supervisor and current Assembly member Matt Haney, has raised $389,000 so far. That sees Mahogany outraising the recently appointed District 6 Supervisor Matt Dorsey, who counts $348,000 in the bank. Roughly half of each of their contributions are through public financing provided by the city.\u003c/p>\n\u003cp>Accounting for how much they’ve spent already promoting their campaigns, Mahogany has a fairly sizable chunk of cash left in the bank relative to her opponent, with $233,000 compared to Dorsey’s $177,000.\u003c/p>\n\u003cp>And in the election to represent the Sunset, Parkside, and other west side neighborhoods of San Francisco’s District 4, challenger Joel Engardio has raised $376,000 compared to incumbent Supervisor Gordon Mar, who has raised $308,000. More than half of those funds for each candidate came from public financing provided by the city.\u003c/p>\n\u003cp>As far as fundraising from voters — an often-times helpful indicator on voter support — Engardio raised $120,000 this year through September, and Mar raised $92,000. Engardio is hoping to generate momentum based on his support for the recall in the district, which records show voted overwhelmingly to remove Boudin.\u003c/p>\n\u003cp>Lastly, \u003ca href=\"https://www.kqed.org/news/11924844/judge-bars-former-sf-supervisor-candidate-leanna-louie-from-appearing-on-november-ballot\">though she was stricken from the ballot by a judge\u003c/a> in early September for not living in the district she intended to represent in the required time period, former candidate Leanne Louie had previously raised $41,000, records show.\u003c/p>\n\u003ch2>Alameda County District Attorney\u003c/h2>\n\u003cp>Terry Wiley and Pamela Price are competing for the seat previously held by Nancy O’Malley, who was Alameda County’s district attorney for 13 years.\u003c/p>\n\u003cp>Candidates \u003ca href=\"https://oaklandside.org/2022/06/07/alameda-county-district-attorney-primary-election-results-2022/\">Pamela Price and Terry Wiley\u003c/a> both raised nearly half of their total fundraising this year in the last three months.\u003c/p>\n\u003cp>Terry Wiley is clearly out-fundraising Pamela Price, having raised just over $581,612 since the year began, more than $200,000 more than what Price raised in that same time period, roughly $314,580.\u003c/p>\n\u003cp>Moving into the final month before the election, Wiley has $173,560 on hand. Price has less to work with, counting $86,357 in hand and $92,875 in outstanding debt.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"From Gov. Gavin Newsom's gubernatorial race to San Francisco District Attorney Brooke Jenkins' move to win elected office, a look at the campaign finance totals in California and local races as of Oct. 1. ","status":"publish","parent":0,"modified":1665014388,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":43,"wordCount":1571},"headData":{"title":"Which CA and Bay Area Candidates Are Outraising Their Opponents, and Which Are Trailing Behind? | KQED","description":"From Gov. Gavin Newsom's gubernatorial race to San Francisco District Attorney Brooke Jenkins' move to win elected office, a look at the campaign finance totals in California and local races as of Oct. 1. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Which CA and Bay Area Candidates Are Outraising Their Opponents, and Which Are Trailing Behind?","datePublished":"2022-10-02T01:03:32.000Z","dateModified":"2022-10-05T23:59:48.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11927473 https://ww2.kqed.org/news/?p=11927473","disqusUrl":"https://ww2.kqed.org/news/2022/10/01/which-ca-and-bay-area-candidates-are-outraising-their-opponents-and-which-are-trailing-behind/","disqusTitle":"Which CA and Bay Area Candidates Are Outraising Their Opponents, and Which Are Trailing Behind?","excludeFromSiteSearch":"Include","path":"/news/11927473/which-ca-and-bay-area-candidates-are-outraising-their-opponents-and-which-are-trailing-behind","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The end of September marks a major milestone in campaigns across California, as legal deadlines require candidates’ campaigns to reveal how much money they’ve raised over the past few months, tallying that alongside expenses.\u003c/p>\n\u003cp>Below is a roundup of some key races both large and small — from Gov. Gavin Newsom defending his job against his Republican challenger, to Board of Supervisors races in the city of San Francisco.\u003c/p>\n\u003cp>While we’re focusing on campaign finance in the coverage below, we’ve also got extensive reporting of candidates’ positions on top issues in our \u003ca href=\"https://www.kqed.org/voterguide\">KQED Election 2022 California Voter Guide.\u003c/a> Be sure to read it if you want to know what each candidate intends to do in office.\u003c/p>\n\u003ch2>Governor\u003c/h2>\n\u003cp>The governor’s race might top the ballot in November but the latest fundraising totals show why the contest between \u003ca href=\"https://cal-access.sos.ca.gov/Campaign/Committees/Detail.aspx?id=1414018&session=2021\">Gov. Gavin Newsom\u003c/a> and \u003ca href=\"https://cal-access.sos.ca.gov/Campaign/Committees/Detail.aspx?id=1444621&session=2021\">State Senator Brian Dahle\u003c/a> isn’t attracting much attention.\u003c/p>\n\u003cp>You’d expect a Democratic governor to outraise a Republican counterpart, but the numbers show how the state and national Republican parties are ignoring this race.\u003c/p>\n\u003cp>Newsom reports raising $2.1 million in the third quarter of 2022, bringing his total for the year to nearly $9 million. He has a whopping $23.2 million cash on hand.\u003c/p>\n\u003cp>By comparison, Dahle reports raising $590,579 in the last three months for a total of just over $2 million for the year. He has just $408,741 to spend between now and the November election.\u003c/p>\n\u003cp>In other words, Newsom has almost 57 times more cash than Dahle.\u003c/p>\n\u003cp>These financial reports do not include independent expenditures made for or against these candidates.\u003c/p>\n\u003ch2>State Controller\u003c/h2>\n\u003cp>In the race to succeed termed-out State Controller Betty Yee, it’s the Republican candidate who has the huge cash advantage.\u003c/p>\n\u003cp>\u003ca href=\"https://cal-access.sos.ca.gov/Campaign/Committees/Detail.aspx?id=1439261&session=2021&psort=AMOUNT&view=general\">Lanhee Chen\u003c/a>, a Stanford scholar and GOP political advisor who worked on the presidential campaigns of Mitt Romney and George W. Bush, reports raising $4.15 million overall, including $1.14 million in the third quarter. He has just over $3 million cash on hand.\u003c/p>\n\u003cp>By comparison, \u003ca href=\"https://cal-access.sos.ca.gov/Campaign/Committees/Detail.aspx?id=1437983&session=2021\">Democrat Malia Cohen\u003c/a> has raised $1.2 million in all of 2022, including $559,943 in the third quarter, with a relatively small $529,468 cash on hand.\u003c/p>\n\u003cp>Chen will need every penny of that cash and more to overcome the structural deficit his party faces among registered voters in California. As of May, the breakdown is roughly 47% registered Democratic, 24% Republican and 23% no party preference voters.\u003c/p>\n\u003cp>These financial reports do not include independent expenditures made for or against these candidates.\u003c/p>\n\u003ch2>Bay Area Mayor Races\u003c/h2>\n\u003cp>Filings also show spending ramping up in the region’s two high-profile mayor races, in San Jose and Oakland.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11915899/cindy-chavez-and-matt-mahan-headed-to-runoff-in-san-jose-mayoral-race\">The two contenders for the top job in San Jose\u003c/a>, City Council member Matt Mahan and Santa Clara County Supervisor Cindy Chavez, both enter the final stretch of the campaign with ample war chests. Mahan reported raising $672,914 over the summer, while Chavez brought in close to $557,679. With just over a week until voting begins, Chavez is sitting on over $458,282 while Mahan reported nearly $444,552 on hand.\u003c/p>\n\u003cp>During the primary, voters saw a deluge of spending from outside groups: Labor unions spent heavily in support of Chavez while current Mayor Sam Liccardo recruited business and developer dollars into his super PAC supporting Mahan. The outside spending cooled off over the summer, but filings this week show that could change. On Tuesday, the San Francisco 49ers dropped a whopping $420,000 into their committee backing Chavez.\u003c/p>\n\u003cp>In Oakland, filings show City Council members Loren Taylor and Sheng Thao emerging as the leading fundraisers in the 10-candidate field. So far this year, Taylor has raised $266,141 and spent $168,143, ending the filing period with $276,602 on hand. Thao has raised $242,700, spent $209,841 and reported $161,693 on hand.\u003c/p>\n\u003cp>So far, Thao has been the beneficiary of outside spending by a group called “Working Families for a Better Oakland,” which is bankrolled by some of the region’s leading labor unions. The committee reported spending $190,271 to support Thao’s run.\u003c/p>\n\u003ch2>San Francisco District Attorney Race\u003c/h2>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11918804/breed-taps-boudin-critic-brooke-jenkins-as-new-san-francisco-da\">District Attorney Brooke Jenkins\u003c/a> has outraised her opponents in the election for San Francisco district attorney, the newest numbers show — though, with a caveat.\u003c/p>\n\u003cp>Jenkins, the tough-on-crime district attorney appointed by Mayor London Breed to replace progressive DA Chesa Boudin after he was recalled, raised $126,000 through the end of September. Her challenger from the left, former police commissioner John Hamasaki, raised $87,000, and another former police commissioner, and former fire commissioner, Joe Alioto Veronese, raised $56,000.\u003c/p>\n\u003cp>While that may make it seem like Alioto Veronese is trailing behind in fundraising, this is where things get a little muddy.\u003c/p>\n\u003cp>In a tweet, Friday, Alioto Veronese claimed he raised more money than Jenkins and Hamasaki.\u003c/p>\n\u003cp>“Early results of our campaign fundraiser are in and they’re good. We’ve outraised incumbent DA @BrookeUnionCity two-to-one and public defender @HamasakiLaw three-to-one. The momentum is strong in this one!” he wrote, \u003ca href=\"https://twitter.com/joeavero/status/1575938538121592841\">on Twitter\u003c/a>.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1575824490390376450"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>That’s only half-true.\u003c/p>\n\u003cp>If you count the money he’s been raising since the start of the year — well before his opponents declared their intention to run in the race — then yes, he did outraise them financially. Veronese started his 2023 campaign committee in January this year. Jenkins started her campaign committee mid-July, and Hamasaki started in mid-August.\u003c/p>\n\u003cp>But recent contributions are arguably the best indicator of momentum. Measured in that way, Jenkins is handily leading the pack, with Hamasaki close behind, and Alioto Veronese in the dust.\u003c/p>\n\u003cp>Similar to Alioto Veronese, on Twitter, \u003ca href=\"https://twitter.com/HamasakiLaw/status/1575932326063722497\">Hamasaki touted\u003c/a> raising more than Jenkins in the period in which he raised money, since he filed to run later than Jenkins — not counting the total money she raised the month before. Maggie Muir, a campaign consultant for Jenkins, said Alioto Veronese and Hamasaki's campaigns played fast and loose with the numbers.\u003c/p>\n\u003cp>“Hamasaki doesn’t seem to understand simple math. Joe Alioto Veronese is potentially illegally double dipping, counting the same donors twice. These two need to go back to school,” she said.\u003c/p>\n\u003cp>Speaking to KQED, Alioto Veronese countered that much of the funding from his older campaign accounts, though not all of it, can be transferred to the new one.\u003c/p>\n\u003cp>Last note: Some independent groups have raised their own money to support candidates. Most notably, the Alice B. Toklas LGBTQ Democratic Club has a cash balance of $41,492 to spend on candidates. They solely endorsed Jenkins for district attorney — expect to see her on their mailers advertising candidates to vote for. They’ve already spent roughly $5,000 on a billboard for her.\u003c/p>\n\u003ch2>San Francisco Board of Supervisors District 6 and District 4\u003c/h2>\n\u003cp>In the race to represent San Francisco’s District 6, including downtown, South of Market, Mission Bay, and Treasure Island neighborhoods, among others, candidate Honey Mahogany is leading, though not overwhelmingly.\u003c/p>\n\u003cp>Mahogany, a former aide to former supervisor and current Assembly member Matt Haney, has raised $389,000 so far. That sees Mahogany outraising the recently appointed District 6 Supervisor Matt Dorsey, who counts $348,000 in the bank. Roughly half of each of their contributions are through public financing provided by the city.\u003c/p>\n\u003cp>Accounting for how much they’ve spent already promoting their campaigns, Mahogany has a fairly sizable chunk of cash left in the bank relative to her opponent, with $233,000 compared to Dorsey’s $177,000.\u003c/p>\n\u003cp>And in the election to represent the Sunset, Parkside, and other west side neighborhoods of San Francisco’s District 4, challenger Joel Engardio has raised $376,000 compared to incumbent Supervisor Gordon Mar, who has raised $308,000. More than half of those funds for each candidate came from public financing provided by the city.\u003c/p>\n\u003cp>As far as fundraising from voters — an often-times helpful indicator on voter support — Engardio raised $120,000 this year through September, and Mar raised $92,000. Engardio is hoping to generate momentum based on his support for the recall in the district, which records show voted overwhelmingly to remove Boudin.\u003c/p>\n\u003cp>Lastly, \u003ca href=\"https://www.kqed.org/news/11924844/judge-bars-former-sf-supervisor-candidate-leanna-louie-from-appearing-on-november-ballot\">though she was stricken from the ballot by a judge\u003c/a> in early September for not living in the district she intended to represent in the required time period, former candidate Leanne Louie had previously raised $41,000, records show.\u003c/p>\n\u003ch2>Alameda County District Attorney\u003c/h2>\n\u003cp>Terry Wiley and Pamela Price are competing for the seat previously held by Nancy O’Malley, who was Alameda County’s district attorney for 13 years.\u003c/p>\n\u003cp>Candidates \u003ca href=\"https://oaklandside.org/2022/06/07/alameda-county-district-attorney-primary-election-results-2022/\">Pamela Price and Terry Wiley\u003c/a> both raised nearly half of their total fundraising this year in the last three months.\u003c/p>\n\u003cp>Terry Wiley is clearly out-fundraising Pamela Price, having raised just over $581,612 since the year began, more than $200,000 more than what Price raised in that same time period, roughly $314,580.\u003c/p>\n\u003cp>Moving into the final month before the election, Wiley has $173,560 on hand. Price has less to work with, counting $86,357 in hand and $92,875 in outstanding debt.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11927473/which-ca-and-bay-area-candidates-are-outraising-their-opponents-and-which-are-trailing-behind","authors":["11690","3239","227","255"],"categories":["news_8","news_13"],"tags":["news_31642","news_31298","news_31196","news_21479","news_16","news_27412","news_31731","news_29126","news_31578","news_17968","news_559","news_31732"],"featImg":"news_11927483","label":"news"},"news_11921662":{"type":"posts","id":"news_11921662","meta":{"index":"posts_1591205157","site":"news","id":"11921662","score":null,"sort":[1659654266000]},"guestAuthors":[],"slug":"after-recent-recall-boudin-rules-out-november-run-for-sf-da","title":"After Recent Recall, Boudin Rules Out November Run for SF DA","publishDate":1659654266,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Chesa Boudin, who served as San Francisco’s district attorney for 2.5 years until voters recalled him in June, announced Thursday via Twitter that he would not be a candidate for DA in the November election.\u003c/p>\n\u003cp>After voters passed Proposition H by 55% to 45% recalling Boudin from office, some thought he might be tempted to run again, a possibility he initially refused to rule out.\u003c/p>\n\u003cp>But in a long Twitter thread, Boudin cited concerns about his family in taking himself out of contention.\u003c/p>\n\u003cp>https://twitter.com/chesaboudin/status/1555228423487983617?s=20&t=1vRt0yfcLX3d38mUiyJ0DA\u003c/p>\n\u003cp>“I’m committed to criminal justice reform; I’m also committed to my family,” Boudin tweeted. “My son is on the verge of taking his first step and speaking his first word. My wife’s research on Multiple Sclerosis at UCSF deserves the same support she has offered my work. My elderly father just came home from prison after more than 40 years.”\u003c/p>\n\u003cp>Saying he was still committed to the kind of criminal justice reform he enacted as DA, Boudin said “I’m putting my family first.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>After the recall, Mayor London Breed named Brooke Jenkins, a former deputy DA who quit the office to help with the recall. And Jenkins has wasted no time reversing some of Boudin’s policies.\u003c/p>\n\u003cp>On Wednesday for example, Jenkins announced she was revoking what she called more than 30 “lenient” plea deals Boudin offered to people arrested for selling drugs like fentanyl.\u003c/p>\n\u003cp>“Open-air drug markets have ravaged our city, especially neighborhoods like the Tenderloin and south of Market. We cannot stand by while these neighborhoods continue to suffer with violence and drug dealing happening openly on their streets,” Jenkins said. “My new policy will prohibit drug dealers arrested with more than five grams of fentanyl or a controlled substance from being referred to our Community Justice Court, which has been abused for the last two-and-a-half years.”\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Chesa Boudin, former SF District Attorney\"]'I am gravely concerned by what I’ve seen from the current, appointed District Attorney. We have heard no assurances that the successful programs we’ve implemented will continue, and indeed, we see worrying signs every day as progress is rolled back.'[/pullquote]\u003c/p>\n\u003cp>Jenkins also announced that unlike her predecessor, she would consider enhanced charges for people caught selling drugs within 1,000 feet of schools.\u003c/p>\n\u003cp>While Jenkins insists she supports criminal justice reform and agrees that the so-called “War on Drugs” was a failure, she said her new policy is mostly reverting back to practices in place before Boudin took office and would target sellers, not users of illegal drugs.\u003c/p>\n\u003cp>Nonetheless, in his Twitter thread Boudin expressed doubts about the new direction his successor was taking.\u003c/p>\n\u003cp>“I am gravely concerned by what I’ve seen from the current, appointed District Attorney,” he said. “We have heard no assurances that the successful programs we’ve implemented will continue, and indeed, we see worrying signs every day as progress is rolled back.”\u003c/p>\n\u003cp>Supporters of reform, including Boudin’s former chief-of-staff Cristine Soto DeBerry, said locking up sellers would not solve the problem of open-air drug dealing. The real solution, said DeBerry, was more treatment beds to address addiction.\u003c/p>\n\u003cp>“That approach does not work,” DeBerry said. “As we have seen literally now for 40 years, where there is a demand for the substance there will be a supply.”[aside postID=\"news_11919770,news_11918804,news_11916212\" label=\"Related Coverage\"]It may take years to know whether a tougher approach to crimes like drug dealing will really work. Meanwhile, Breed is cheering the change in tone coming from the new DA.\u003c/p>\n\u003cp>“Fentanyl is a deadly drug that is driving overdoses in our city. We are a city that believes in second chances, but we also cannot accept the open-air drug markets in San Francisco. Accountability has to be part of the equation,” Breed said on Twitter in support of Jenkins.\u003c/p>\n\u003cp>By taking himself out of the DA race, Boudin might be sparing the city a nasty and divisive campaign in the fall. As of Thursday, two other candidates will challenge Jenkins — civil rights attorney Joe Alioto Veronese and Maurice Chenier, according to the San Francisco Department of Elections website.\u003c/p>\n\u003cp>The deadline for filing papers to run for DA is Aug. 12.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Saying he was still committed to the kind of criminal justice reform he enacted as district attorney, Chesa Boudin said “I’m putting my family first.”\r\n","status":"publish","parent":0,"modified":1659661524,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":764},"headData":{"title":"After Recent Recall, Boudin Rules Out November Run for SF DA | KQED","description":"Saying he was still committed to the kind of criminal justice reform he enacted as district attorney, Chesa Boudin said “I’m putting my family first.”\r\n","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"After Recent Recall, Boudin Rules Out November Run for SF DA","datePublished":"2022-08-04T23:04:26.000Z","dateModified":"2022-08-05T01:05:24.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11921662 https://ww2.kqed.org/news/?p=11921662","disqusUrl":"https://ww2.kqed.org/news/2022/08/04/after-recent-recall-boudin-rules-out-november-run-for-sf-da/","disqusTitle":"After Recent Recall, Boudin Rules Out November Run for SF DA","excludeFromSiteSearch":"Include","path":"/news/11921662/after-recent-recall-boudin-rules-out-november-run-for-sf-da","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Chesa Boudin, who served as San Francisco’s district attorney for 2.5 years until voters recalled him in June, announced Thursday via Twitter that he would not be a candidate for DA in the November election.\u003c/p>\n\u003cp>After voters passed Proposition H by 55% to 45% recalling Boudin from office, some thought he might be tempted to run again, a possibility he initially refused to rule out.\u003c/p>\n\u003cp>But in a long Twitter thread, Boudin cited concerns about his family in taking himself out of contention.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1555228423487983617"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>“I’m committed to criminal justice reform; I’m also committed to my family,” Boudin tweeted. “My son is on the verge of taking his first step and speaking his first word. My wife’s research on Multiple Sclerosis at UCSF deserves the same support she has offered my work. My elderly father just came home from prison after more than 40 years.”\u003c/p>\n\u003cp>Saying he was still committed to the kind of criminal justice reform he enacted as DA, Boudin said “I’m putting my family first.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>After the recall, Mayor London Breed named Brooke Jenkins, a former deputy DA who quit the office to help with the recall. And Jenkins has wasted no time reversing some of Boudin’s policies.\u003c/p>\n\u003cp>On Wednesday for example, Jenkins announced she was revoking what she called more than 30 “lenient” plea deals Boudin offered to people arrested for selling drugs like fentanyl.\u003c/p>\n\u003cp>“Open-air drug markets have ravaged our city, especially neighborhoods like the Tenderloin and south of Market. We cannot stand by while these neighborhoods continue to suffer with violence and drug dealing happening openly on their streets,” Jenkins said. “My new policy will prohibit drug dealers arrested with more than five grams of fentanyl or a controlled substance from being referred to our Community Justice Court, which has been abused for the last two-and-a-half years.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I am gravely concerned by what I’ve seen from the current, appointed District Attorney. We have heard no assurances that the successful programs we’ve implemented will continue, and indeed, we see worrying signs every day as progress is rolled back.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Chesa Boudin, former SF District Attorney","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Jenkins also announced that unlike her predecessor, she would consider enhanced charges for people caught selling drugs within 1,000 feet of schools.\u003c/p>\n\u003cp>While Jenkins insists she supports criminal justice reform and agrees that the so-called “War on Drugs” was a failure, she said her new policy is mostly reverting back to practices in place before Boudin took office and would target sellers, not users of illegal drugs.\u003c/p>\n\u003cp>Nonetheless, in his Twitter thread Boudin expressed doubts about the new direction his successor was taking.\u003c/p>\n\u003cp>“I am gravely concerned by what I’ve seen from the current, appointed District Attorney,” he said. “We have heard no assurances that the successful programs we’ve implemented will continue, and indeed, we see worrying signs every day as progress is rolled back.”\u003c/p>\n\u003cp>Supporters of reform, including Boudin’s former chief-of-staff Cristine Soto DeBerry, said locking up sellers would not solve the problem of open-air drug dealing. The real solution, said DeBerry, was more treatment beds to address addiction.\u003c/p>\n\u003cp>“That approach does not work,” DeBerry said. “As we have seen literally now for 40 years, where there is a demand for the substance there will be a supply.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11919770,news_11918804,news_11916212","label":"Related Coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>It may take years to know whether a tougher approach to crimes like drug dealing will really work. Meanwhile, Breed is cheering the change in tone coming from the new DA.\u003c/p>\n\u003cp>“Fentanyl is a deadly drug that is driving overdoses in our city. We are a city that believes in second chances, but we also cannot accept the open-air drug markets in San Francisco. Accountability has to be part of the equation,” Breed said on Twitter in support of Jenkins.\u003c/p>\n\u003cp>By taking himself out of the DA race, Boudin might be sparing the city a nasty and divisive campaign in the fall. As of Thursday, two other candidates will challenge Jenkins — civil rights attorney Joe Alioto Veronese and Maurice Chenier, according to the San Francisco Department of Elections website.\u003c/p>\n\u003cp>The deadline for filing papers to run for DA is Aug. 12.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11921662/after-recent-recall-boudin-rules-out-november-run-for-sf-da","authors":["255"],"categories":["news_8","news_13"],"tags":["news_24162","news_23690","news_31042","news_559"],"featImg":"news_11921676","label":"news"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />","airtime":"SUN 9pm-10pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Code-Switch-Life-Kit-Podcast-Tile-360x360-1.jpg","meta":{"site":"radio","source":"npr"},"link":"/radio/program/code-switch-life-kit","subscribe":{"apple":"https://podcasts.apple.com/podcast/1112190608?mt=2&at=11l79Y&ct=nprdirectory","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93d3cubnByLm9yZy9yc3MvcG9kY2FzdC5waHA_aWQ9NTEwMzEy","spotify":"https://open.spotify.com/show/3bExJ9JQpkwNhoHvaIIuyV","rss":"https://feeds.npr.org/510312/podcast.xml"}},"commonwealth-club":{"id":"commonwealth-club","title":"Commonwealth Club of California Podcast","info":"The Commonwealth Club of California is the nation's oldest and largest public affairs forum. 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