MARTINEZ, Calif. — A courtroom listening to to find out whether or not Northern California cops who traded racist textual content messages violated a state legislation aimed toward eliminating racism within the felony justice system started Friday, with as much as eight officers anticipated to take the stand to discuss the scandal that has roiled town within the San Francisco Bay Area.
Defense attorneys for 4 males charged with homicide and tried homicide in a 2021 taking pictures subpoenaed the officers to testify about closely redacted textual content messages made public in April by the Contra Costa County District Attorney’s workplace. The attorneys have been anticipated to argue earlier than Judge David Goldstein that their shoppers, two of them talked about within the textual content messages, have been unfairly focused based mostly on their race. The state’s Racial Justice Act prohibits the state from pursuing or securing felony convictions or sentences on the idea of race, ethnicity or nationwide origin.
Seventeen Antioch cops have been named for sending texts that debate falsifying proof and beating up suspects, that make racist and homophobic remarks or use sexually specific language. Most of the messages have been despatched in 2020 and 2021 and go far past the case up for dialogue in courtroom.
In addition to the officers who could testify Friday, 5 others who have been subpoenaed have claimed they have been injured on the job and will not be medically cleared to testify.
Antioch Police Chief Steven Ford was additionally subpoenaed to testify, however Goldstein dominated Friday he didn’t want to seem as a result of his testimony was not related as to if the officers despatched the texts or confirmed racial bias when investigating and arresting the boys on trial. Ford was not the police chief on the time.
Carmela Caramagno, lawyer for one of many 4 suspects, argued that Ford’s testimony was crucial so the courtroom may get a broad really feel for the inner workings of the division and devise an acceptable treatment.
Caramagno mentioned she additionally needed to ask Ford why he signed off on declarations stating that 5 officers had suffered an “industrial injury” and couldn’t seem, when an investigator for the protection had seen a few of them wanting “quite healthy,” “having pool parties,” and “walking briskly.”
Mathew Martinez, a lawyer for one of many defendants, mentioned the officers have been subpoenaed so they might clarify in courtroom why they despatched the texts. But “they’re all unavailable, indefinitely,” he mentioned.
The listening to comes two days after Ford, who’s Black, made a shock announcement that he would retire subsequent month. He leaves after solely a yr serving as interim and everlasting police chief. He didn’t reply to emails requesting an interview.
Lawyers representing the eight different subpoenaed officers have been additionally current in courtroom Friday.
The 4 males represented by the protection attorneys have been charged with homicide and tried homicide in a March 2021 drive-by taking pictures that prosecutors say was gang-related. Goldstein in May threw out gang fees towards the defendants after historic information confirmed county prosecutors disproportionately focused Black folks with enhancements resulting in longer sentences.
Two of the defendants, Trent Allen and Terryon Pugh, have been the themes of among the launched textual content messages. Officers joked about kicking their heads and taking pictures them within the neck and buttocks. They additionally shared photographs of Allen and Pugh injured of their hospital beds.
The embattled police division serves a racially various metropolis of 115,000 residents about 45 miles east of San Francisco.
The textual content messages got here out as a part of an ongoing joint investigation launched in March 2022 by the FBI and the Contra Costa district lawyer right into a broad vary of potential offenses by officers with the Antioch and close by Pittsburg police departments.
The metropolis faces a federal civil rights lawsuit over the textual content messages and in May the state lawyer common’s workplace launched a civil rights investigation into the police division.
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