Oakland City Attorney

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Judge issues tentative ruling in favor of Fruitvale gang injunction

Ali Winston

Defense attorney Yolanda Huang addresses reporters after Judge Robert Freedman approved Oakland

Alameda County Superior Court Judge Robert Freedman tentatively approved Oakland’s gang injunction against 40 alleged Norteños in the Fruitvale this afternoon, bringing an end to at least one stage of a court battle that has stretched on for nine months.

In his six page decision, Judge Freedman ruled that attorneys for the city had provided sufficient evidence for him to issue a court order restricting the movements and associations of the defendants.

“Plaintiff has, by the requisite burden of proof, established entitlement to a preliminary injunction as to Phase I,” Freedman’s decision read.

However, it is unclear how many of the defendants would be bound by the court’s decision. Abel Manzo and Javier Quintero, the two defendants who were the subject of court proceedings so far, were named in Freedman’s order. So were Antonio Lambaren, Alberto Acosta and Joey Anthony Martinez, defendants who defaulted on their right to contest their inclusion on the injunction list and who would have been covered by Judge Freedman’s ruling. It is unclear whether Judge Freedman will allow Acosta or Martinez to challenge their inclusion on the list: both filed late requests for counsel after the default deadline had passed.

Further details of the injunction — including which defendants it will affect — will be hammered out by attorneys for both sides and the court by the end of July. “Phase II” of the proceedings will begin in December, when Judge Freedman will hear the individual cases of the 35 remaining defendants who have yet to testify.

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Gang injunction filings: defense attorneys seek mediation

Oakland City Attorney

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

The defense attorneys in the Norteño gang injunction case have asked Judge Robert Freedman to direct both parties to mediation hearings that would limit the scope of the proposed court order.

Judge Freedman has yet to issue a ruling. Closing arguments in the Fruitvale injunction were held on May 6. Meanwhile, City Attorney John Russo’s last day in office will be June 10. A replacement has yet to be named by the Oakland City Council, and Russo’s successor will most likely be chosen during a special election later this year.

On May 17th, attorneys for the city noted that the defense’s May 13th deadline for filing revisions to the proposed injunction had passed with no submissions by the defense, and asked the court to approve the court order against 40 alleged gang members.

The defense’s brief, filed on May 27th, points to recent developments as grounds for moving the case towards mediation to possibly remove some defendants from the injunction, limit the size of the injunction area and modify some of the restrictions on the movements and associations of the named defendants. On May 18, the Oakland City council voted to continue with the North Oakland and Fruitvale injunctions, with some modifications and barred the City Attorney from proceeding with a third injunction until the strategy is independently evaluated. Continue reading

Home invasion robbery charges dropped against injunction defendant

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

During closing arguments last Friday over Oakland’s proposed gang injunction against 40 alleged Norteno gang members in the Fruitvale area, attorneys for the city reminded Alameda County Superior Judge Robert Freedman that 20 of the 40 defendants have been arrested since the civil suit was filed last October. For their part, the defendants claim they are under increased surveillance because they are on the injunction list: undercover officers kept tabs on David Hernandez, Alex Curiel and Salvador Avaloz during Oakland’s recent Cinco De Mayo celebration. Meyers Nave Attorney Tricia Hynes rattled off a string of offenses that led to some of these arrests, including attempted murder and home invasion robbery.

One of those charges listed was against defendant Anthony Garcia 29, after he and a neighbor were arrested on March 30 in connection with a home invasion robbery. Police reports say Garcia and his friend forced their way into an apartment on International Boulevard near  32nd Avenue, told the residents they were in a gang, and demanded money. The police report also indicates Garcia simulated a pistol with his thumb and index finger. The apartment’s occupants called police and forcibly restrained Garcia, who was arrested by police shortly thereafter.

Yesterday, prosecutors dropped Garcia’s charges after his attorneys argued that he had gone to the apartment to retrieve a bike his neighbor believed belonged to him.

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Judge hears closing arguments in Fruitvale injunction, ruling expected soon

Ali Winston

Defense Attorneys Yolanda Huang and Michael Siegel leave the Rene C. Davidson Courthouse on Friday, May 6th.

At some point in the next month, Alameda County Superior Court Judge Robert Freedman will decide whether or not to approve Oakland’s second gang injunction, brought by City Attorney John Russo against 40 alleged Norteños in the Fruitvale neighborhood.

Although the Oakland City Council will decide on May 17th whether or not to continue with the controversial anti-gang strategy, Judge Freedman indicated he will allow the case regardless of the council’s decision. A replacement for outgoing City Attorney John Russo, who will leave office on June 10, has yet to be named.

Attorneys for the city and defense presented their closing arguments to Judge Freedman yesterday afternoon in front of a full courtroom in Department 1 of the Rene C. Davidson Courthouse on Lake Merritt. Most of those present were youth opposed to the injunction who had taken part in a march from Fruitvale to the courthouse yesterday.

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Russo resigns, Oakland City Council to vote on gang injunction strategy

Ali Winston

Gang injunction opponents and Fruitvale merchants make their views known at an Oakland City Council meeting on May 3, 2011.

More than a year since Oakland filed its first gang injunction in Alameda County Superior Court, the City Council is poised to take action on outgoing City Attorney John Russo’s controversial anti-crime strategy that has polarized parts of the city and exacerbated police-community tensions.

Representatives from the Oakland Police Department and City Attorney’s office were conspicuously absent from last night’s meeting. In a joint letter to the council, Russo and Police Chief Anthony Batts said their staff was tied up with preparations for closing arguments Friday for the city’s second gang injunction against 40 alleged Norteños in the Fruitvale neighborhood.

Vice Mayor Desley Brooks, whose District 6 may be the target of a third gang injunction, was livid at the absence of OPD and City Attorney personnel and the lack of information provided to the council on the subject.

“It is incumbent on staff to be here, that’s what the charter says. It’s inappropriate,” Brooks said. “The City Attorney never received authorization to enter into this litigation.”

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Records show City Attorney planning third Oakland gang injunction

Records indicate Oakland City Attorney John Russo had private attorneys research a third gang injunction–this one in Area 3, East Oakland. The $19,999.98 in outside counsel costs are not included in a February joint report on gang injunctions by the City Attorney and the Oakland Police Department that was produced at the request of the City Council’s Public Safety Committee.

The Informant first reported on the proposed East Oakland injunction last Fall after obtaining retention agreements between Russo’s office and the law firms Ruiz & Sperow and Meyers Nave. Ruiz & Sperow have been handling the North Oakland injunction, which was approved by Alameda Superior Court Judge Robert Freedman last Spring. Meyers Nave is contracted to litigate the Fruitvale and Area 3 injunctions.

Meyers Nave has been representing the city in an ongoing legal battle over a separate gang injunction against the Norteños in the Fruitvale neighborhood.

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Testimony concludes in Oakland Norteño trial

Russell Mondy

Testimony regarding the proposed Fruitvale gang injunction concluded this morning after nine weeks of court proceedings. All evidence will be submitted by April 22, and closing arguments for the first phase of the proceedings against 40 alleged Norteños are scheduled for May 4.

Probation Officer Dalen Randa finished his testimony three weeks after it was interrupted by the courtroom arrest of defendant Javier Quintero, 27. Quintero allegedly violated parole by accepting a ride to a legal meeting from longtime friend and co-defendant David Pelayo, 25. Pelayo, who sat near Quintero during previous court hearings, was taken into custody for a probation violation last Thursday and is currently being held in the Alameda County Jail at Santa Rita. According to Randa, Pelayo will be fitted with a GPS anklet when he is released from custody. It’s not clear whether Pelayo is being held for associating with a “known gang member” like Quintero, or if his violation is for possession of marijuana during the car stop.

Fourteen of the forty defendants are currently in custody, according to defense attorneys.

During cross-examination, Defense Attorney Yolanda Huang pressed Randa about familiar points, including the size of the safety zone, how officers identify gang-related apparel, and specifics about defendant Abel Manzo. Manzo and Quintero are the only defendants who would be affected by the preliminary injunction if it is approved by Judge Freedman on May 4. After the conclusion of “Phase I” of the trial, Judge Freedman will review the cases of each defendant who wishes to have their day in court, potentially extending proceedings for weeks, if not months.

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Fruitvale gang injunction: Judge sets closing arguments

Russell Mondy

An end appears to be in sight for the first phase of court proceedings for Oakland’s proposed gang injunction against the Fruitvale Norteños. Alameda County Superior Court Judge Robert Freedman earmarked May 4th as the date for closing arguments. Within 90 days thereof, Judge Freedman will decide whether or not to impose a preliminary injunction against the Norteño street gang as an entity, as well as Abel Manzo and Javier Quintero, the two defendants who have testified to date.

After Judge Freedman makes his decision about a preliminary injunction, the court will then conduct hearings for the remaining defendants who wish to testify. They will also be allowed supporting witnesses, a development which surprised defense lawyers.

Judge Freedman also indicated that Quintero’s courtroom arrest last month for a parole violation will continue to come up. “If someone makes an arrest in this courtroom, I’d certainly like to know if there’s a good reason for it,” said Freedman, who asked attorneys for the city for more information about why the arrest happened in court and not elsewhere — Quintero wore a GPS bracelet monitoring his movements.

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