The Informant

Norteño gang graffiti. Photo by http://www.flickr.com/photos/metalcowboy/2761077635/#/

Alameda County Superior Judge Robert Freedman will allow attorneys from Oakland law firm Siegel & Yee to represent accused gang members in a proposed injunction in Fruitvale. In rejecting City Attorney John Russo’s conflict of interest about Siegel & Yee, which has high political connections in the city, Judge Freedman’s ruling was a strong assertion of his desire to draw a line between the legal merits of the proposed injunction and the political turmoil it has generated in Oakland.

The only qualification of Freedman’s decision was that Dan Siegel, one of the law firm’s principals and an unpaid adviser to Mayor Jean Quan on policing matters, and District 1 Councilmember and Council President Jane Brunner, who is a partner at the firm, recuse themselves from all involvement with the injunction case in the courts and in City Hall. It remains to be seen whether this means Brunner will have to excuse herself from council votes on the gang injunction strategy, or whether Siegel will have to refrain from advising Quan on the injunction strategy.

In front of a capacity audience at the Rene C. Davidson Courthouse on Lake Merritt, Freedman also rejected motions by defense attorneys to dismiss East Bay law firm Meyers Nave from the case–the private firm under contract with the City Attorney to litigate Oakland’s gang injunctions–and a request for defendants to have access to court-appointed, and therefore paid for – counsel.

“The court doesn’t have a checkbook to pay for counsel,” said Freedman. “That’s the reality of the situation.”

“This allows the defendants to defend themselves and lets us get to the merits of the case,” said Michael Siegel, one of the defense attorneys. Siegel and his colleague, Jose Luis Fuentes had tried to avoid the conflict of interest issue by setting up a nonprofit organization, Communities United for Restorative Youth Justice. However, Freedman decided that the separations put in place by their own law firm were enough to allay concerns that either Dan Siegel or Jane Brunner would use case information to further their political objectives.

Deputy City Attorney Rocio Fierro expressed disappointment with Freedman’s decision. “We don’t think it’s beneficial to the public to have a firm on the case that has close ties to City Hall,” she said. “the community is entitled to clear delineations” regarding politicians’ loyalties and responsibilities.

A case management conference is scheduled for 2pm on Monday, February 14. It is unclear whether a  hearing scheduled for February 16 will proceed as planned: the City Attorney’s office wants to press on with the case as early as possible, citing recent gang violence in the Fruitvale area and a pressing need to suppress such incidents.

In the forthcoming case, the City Attorney may call OPD’s gang officers to testify, in addition to the sworn declarations they’ve already submitted. The defendants also may be asked to take the stand or give depositions. According to Jose Luis Fuentes, 29 of of 40 defendants have asked for representation in the case.

If the injunction is approved, it will place restrictions on the movements and associations of the 40 named defendants in a 400-block area. Named defendants could be prevented from associating with one another in groups of more than three people, wearing the color red, staying out on the street after a set curfew, or recruiting other people to the Norteños.