Antioch police racism could lead to unprecedented mass firings in criminal court, county writes $2.2 million check to address issue

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Antoine Watt and Aaron Williams, L-R, attend a rally at Antioch Police Headquarters in Antioch, Calif., Tuesday, April 18, 2023. Community members gathered and marched to the City Hall to demand police reform and accountability following allegations of racist, sexist and homophobic texts within the department. (Jane Tyska/Bay Area News Group)

The ongoing racist text messaging scandal that has implicated dozens of Antioch officers could shake up the local justice system on a scale never seen before in California history, as prosecutors and judges assess whether to dismiss hundreds, if not thousands, of criminal cases and convictions.

The problem is so widespread that the offices of the Contra Costa district attorney and public defenders are worried about giving way under the unprecedented workload. Late last month, the county board of supervisors unanimously agreed to help by spending $2.2 million to hire 10 attorneys, five for each agency.

These new recruits who represent the beginning of the growing impact of scandals on county taxpayers will work to determine just how deep the Antioch Police Department’s problems run.

The behavior of these officers has far-reaching consequences and harmed people who may have been wrongfully accused or prosecuted, Supervisor John Gioia said after the council vote. Their racist actions cause the public to lose faith in our law enforcement and criminal justice systems, and we are all paying the price for their misconduct.

Since early 2022, the FBI and DA have been investigating no less than eight current and former officers for alleged crimes, including assault under the guise of authority, obstruction of justice, fraud, and involvement in drug trafficking. dope. The problem only got worse last month when it was revealed as part of the investigation that dozens of officers were sending each other racist, homophobic and sexist texts and memes. Some of the posts shed light on inflicting violence on black residents or talked about adding false confessions to arrest reports.

Now, at the very least, any defendant in a case involving one of these officers can use the allegations to undermine the charges against them.

What is happening right now in our county is a watershed moment for Contra Costa County. We (are) in the national spotlight for racist, homophobic and violent revelations about the Antioch Police Department, Chief Public Defender Ellen McDonnell said at the April supervisors’ meeting. Experts with whom I have discussed what is happening in Antioch have informed me that this is one of the largest and most egregious police misconduct scandals, not in Contra Costa, nor in California, but in the history of our country that is currently unfolding.

The scandal has left attorneys in the county’s criminal justice system with a massive, unprecedented problem and very little historical guidance to navigate it. While California has had its fair share of police misconduct and overturned convictions, defense attorneys have argued that racism and homophobia within the police department are so rampant that cases must be thrown out en masse. .

State law allows for a few avenues that could make this a reality: Defendants in criminal court are allowed to challenge their active charges or convictions when new evidence comes to light, and prosecutors are required to turn over evidence that could question the honesty of an agent. a witness stand.

Then there’s the Racial Justice Act of 2020, which prohibits the state from obtaining a criminal conviction if the judge, attorney or any law enforcement officer involved in a case has shown bias. or animosity towards the accused because of the race, ethnicity or national origin of the accused. .

It’s overwhelming. There are so many things that we have feared and suspected for so long that are actually coming true. We saw a way to get justice for customers who were unfairly targeted because of their race and to see judgment for police officers who are exposed, said Evan Kuluk, a local defense attorney who specializes in crime law. racial justice. The timing of this, now that we have the Racial Justice Act, makes our ability to do something about this injustice all the stronger.

Mass layoffs in California are rare. In the 1990s, the Los Angeles Superior Court threw out 170 convictions following the notorious Rampart scandal involving criminal cops who worked in a gang squad. In 2017, Orange County district attorneys overturned dozens of convictions for using unreliable witnesses. Already in Contra Costa, federal and state prosecutors have dismissed dozens of cases that relied on the word of Antioch officers under criminal investigation.

But the scandal of racism and homophobia goes much deeper.

Prosecutors, defense lawyers and politicians agree that thousands of cases could be affected. District Attorney Diana Becton admitted to the Board of Overseers that she had never asked for money for new attorneys before, but argued that the scale of the problem warranted it. She said her office would start by reviewing active cases and then move forward with keeping an eye out for potentially voidable convictions.

The audit may not be limited to the Antioch cases. Several of the officers involved worked in other parts of the Bay Area before coming to Antioch, including El Cerrito, Hercules, San Leandro, Brentwood, Martinez, and Alameda County and Contra Sheriff’s Offices. Coast. .

Open cases are already being reviewed in other ways. In court on Thursday morning, Judge John Kennedy agreed to release a man suspected of carjacking and attempted robbery from jail, where he had been for two months, as the case arose from a search warrant written by the one of the agents involved in the racist text. scandal. Prosecutors said in court that despite this issue, they would try to save the case.

Although the supervisors’ vote was unanimous, two of the five board members, Candace Anderson and Diane Burgis, expressed reservations. Anderson said the officers involved deserve due process. Burgis said she wished there was a way for the county to send the bill to the city of Antioch instead.

Do we have a way to get them to help with this since it’s something? Burgis said, then stopped, studying Becton’s expression. I love the look on your face. Basically they haven’t done what they’re supposed to do and they’re putting us in this situation which is going to cost us money.

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