The Informant

Ali Winston

Attorney Yolanda Huang speaks to reporters on Thursday

Attorneys representing the defendants in Oakland’s proposed Fruitvale gang injunction called the courtroom arrest of Javier Quintero on a parole violation earlier this week a dramatic stunt. Quintero, 27, was taken into custody by parole agents 45 minutes into Tuesday’s hearing in front of Alameda County Judge Robert Freedman.

Defense attorneys take a different view of the situation. Yolanda Huang witnessed the March 18 incident that led to Quintero’s parole violation. She was on her way to a meeting about the case with Quintero and co-defendant David Pelayo at Quintero’s house on Harrington Street. When she pulled onto Harrington Street around 6:30 pm on last Friday, Huang saw Quintero, Pelayo and two other men being handcuffed by Oakland Police officers.

According to Huang, Quintero had been walking home from a store when he accepted a ride from Pelayo and the two others. Oakland Police say they pulled the car over because the music from the vehicle’s stereo was too loud. Roughly 12 grams of marijuana and “gang indicia” were found in the car. No one was arrested or cited and the four were released.

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Russell Mondy

What was expected to be a pivotal day in Oakland’s Fruitvale gang injunction hearing turned out to be another lengthy examination of evidence about the alleged connections of 40 defendants to the Norteno street gang.

Alameda County Judge Robert Freedman had indicated yesterday his intention to close proceedings after Keely, Probation Officer Dalen Randa and possibly a third witness testify. Randa will take the stand next Tuesday at 1:30 PM, as may defendant Michael Muscadine. If testimony concludes Tuesday, Freedman will rule on a preliminary injunction against the Norteno gang and any defendants who have already testified or who have missed their scheduled appearances. That means Abel Manzo and Javier Quintero and three other defendants who are not represented by the defense team. After Freedman rules on a preliminary injunction, the court will set up a hearing schedule for the remaining 35 defendants who have representation.

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Ali Winston

Spectators inside Judge Robert Freedman's courtroom at the Alameda County Superior Court

Oakland may or may not get a preliminary injunction against the Norteños this week, but tomorrow will be a big day in court.  Judge Robert Freedman indicated he will break the case into separate components to determine the gang associations of individual defendants — and decisions for those who’ve already defended themselves will come tomorrow. That means Javier Quintero and Abel Manzo.

Judge Freedman said all 29 defendants represented by the defense team of five pro bono lawyers will have their day in court . He also appeared dissatisfied at the pace of the hearings.

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Oakland City Attorney's office

Oakland's latest gang injunction would cover part of the Fruitvale district.

In a combative two-and-a-half hour examination by the defense, Oakland Police Department gang expert Officer Douglass Keely defended the scope of the Fruitvale gang injunction today. Testimony particularly focused on his rationale for naming the 40 defendants identified as Norteños in the case.

Meyers Nave attorney Tricia Hynes, representing the city, repeatedly objected to defense attorney Dennis Cunningham’s questions about Keely’s enforcement activity in the area and the officer’s methodology in compiling the evidence for the injunction. Hynes’ objections visibly frustrated Cunningham, but Judge Freedman frequently rephrased the queries, indicating his interest in exploring how OPD determines who is and who isn’t a gang member.

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