In early November, Alameda County District Attorney Pamela Price faces a recall election. Whistleblowers have exposed to the San Francisco Chronicle that Price failed to review cases and file charges by the deadline, allowing over 1,000 misdemeanor offenders to evade potential penalties. With less than 20 days until the November 5 vote, this report is set to significantly impact her political future.
According to the Chronicle, hundreds of individuals arrested or ticketed for suspected misdemeanors in Alameda County will not face the consequences they rightly deserve. These cases, now unable to be prosecuted, cover a wide range of offenses. For instance, one woman was found in a stolen vehicle while carrying brass knuckles. Another driver crashed into three parked cars, with a blood alcohol content nearly three times the legal limit, at 0.22%. Additionally, one man attempted to return nearly $800 worth of Home Depot merchandise using a fake receipt for items he never purchased.
Having taken office in January 2023, District Attorney Price is currently fighting against opposition from her political rivals and constituents to avoid a recall next month. Her representatives have acknowledged a significant backlog of cases awaiting review, attributing the issue to her predecessor. However, former DA Nancy O’Malley has denied any connection to the backlog.
The suspects in these cases range from those arrested by police to individuals who received misdemeanor citations. Police submitted reports on these cases before handing them over to the DA’s office for review. Prosecutors must decide which charges to file if they believe the suspects are guilty, and there is a limited timeframe for prosecution. Misdemeanor cases must be charged within one year of the alleged offense, while felony cases may have a timeframe of three years or longer, depending on their severity.
However, documents reviewed by the Chronicle from current office staff indicate that since early last year, more than 1,000 misdemeanor cases have surpassed the statute of limitations, essentially expiring without a decision from the DA.
Officials from Price’s office have stated they cannot confirm or deny the accuracy of these figures, nor can they provide their own statistics. The office has also struggled to regularly report prosecutorial decisions to the public, citing issues with its case management system.
Several current and former employees of the DA’s office have come forward as whistleblowers. They told the Chronicle that the backlog began shortly after Price took over in January. The Chronicle has committed to protecting the anonymity of these whistleblowers to safeguard their jobs and personal privacy.
According to these sources, 360 cases have been officially declined for prosecution due to missed deadlines. Another 646 cases technically remain unresolved but involve offenses over a year old that are highly likely to be dismissed by the court. Insiders indicate that among the 360 cases dismissed due to the statute of limitations, 62% were submitted by police after Price’s appointment in early 2023.