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Martin Silverman (510) 394-4701
The leak of information on Oakland City Attorney John Russo’s extrinsic fraud, subornation of perjurious testimony and solicitation of perjurious testimony in witness affidavits for the Oakland Gang Injunction litigation is turning into a flood as there appears to be truth in the allegation. It has been rumored that witnesses complained that the affidavits were prepared for their signature without their approval containing inaccurate information, misleading facts, and mis-characterizing statements that were maliciously, willfully and intentionally false. Witness could not change the affidavit and felt they were slighted and perhaps retaliated against when they complained about it. There were other complaints about Russo’s tactics in recent matters as well.
This comes on the heels of a very embarrassing, very public spat with new Oakland Mayor Jean Quan and Russo taking personally abusive verbal shots at each other with Russo scorning the mayor for what he called a risky legal relationship with another attorney and Quan ﬁring back at Russo for releasing his legal advice to the media before discussing it with her.
“Russo Tends to Attack by Press Release” Oakland Mayor Jean Quan
“The problem is that John Russo tends to attack by press release,” Quan said, and complained that he issued his letter while she was still in Washington, D.C., where she attended U.S. Conference of Mayors meetings and also met with White House officials.
Quan said Russo had created a conﬂict of interest by releasing his advice to the media when he did. “As the City Attorney giving advice to the Mayor, he has the duty of conﬁdentiality and the duty of loyalty to his client. He broke that conﬁdentiality by his actions,” Quan said in a written statement. “This is exactly why the Mayor’s Ofﬁce and the City Council Ofﬁces have considered seeking independent, outside counsel. The City Attorney is the City’s only attorney,” Russo wrote in the letter he released.
Quan denied sharing any conﬁdential city information with an attorney and friend who has been advising her, saying City Attorney John Russo’s suggestion that she may be spilling secrets was “frankly, insulting.”
That claim is false according to him, as Russo did not bring his concerns to Quan privately before alerting the media — Russo argued in a letter he sent to Quan, other city leaders and local media that the city attorney is the mayor’s only permissible attorney, so any information Quan shares with anyone other than Russo and those in his ofﬁce — is not protected and can be subpoenaed, threatening the city’s standing in a host of legal scenarios and taking on another attorney, especially one connected to a ﬁght against the city, is breaking the City Charter and creates a conﬂict of interest.
“We have a city attorney who is elected and so sometimes has his own political agenda,” Quan said.
“I’m caught in the middle, and I’m sorry about that.”
“This is a uniquely obnoxious violation of the charter because he’s in the middle of this,” Russo said. “I should be able to brief (Quan) on the strengths and weaknesses of our cases. If she’s going to turn around and give that to our opponents, how am I supposed to do my job?” “What the mayor has done here,” Russo added, “is put my ofﬁce in a very awkward position where we’re not sure we can give conﬁdential information to Mayor Quan. You should never be in that position with the CEO of the corporation.” “Violation of the City Charter is a crime,” Russo wrote in closing. “It is now incumbent on you to uphold your oath to defend the Charter.”
Quan, a longtime adversary of Russo from his days on the Council, feels concerned as the public see’s Russo has overstepped his boundary by pursuing the injunction without endorsement from the city council or the mayor in his continuing quest to be the De-Facto mayor. There is a question about what is the authority of the city attorney to bring these cases without the authorization of city council and the Mayor.”
Oakland Marijuana Ordinance
There’s also a marijuana ordinance in front of city council that is endorsed by “Johnny Potty” Russo. He picked up that handle because of his penchant for doing video interviews in the restroom “potty” with another man, not to mention the weed endorsement. Does the citizens of Oakland really want a crooked City Attorney who drives around with his kids in the car without their seat belts on, wants to legalize smoking weed and gives video interviews in the bathroom with another man? The unfortunate part about this episode is Mayor Quan’s adviser has also been busted for marijuana so everything is up in smoke!
A court hearing that could result in the implementation of the injunction is scheduled for February 16, 2011 before admitted and convicted liar, the embattled Judge Robert Freedman.
Judge Robert Freedman’s Misconduct Warranted His Removal from Office
al-Hakim filed a formal complaint on April 11, 2008 and April 14, 2008 with both the Judicial Council and Superior Court against Judge Tigar for his attempt at provoking al-Hakim at a side bar during trial. al-Hakim received a one sentence response dated September 26, 2008 from Victoria Henley stating that “your submission does not provide a basis for commission proceedings”. al-Hakim received a letter dated April 15, 2008 from then Presiding Judge Yolanda Northridge acknowledging receipt of the complaint referring the matter to the Supervising Judge, Robert Freedman for review but has gotten no response as promised.
No one should be surprised because Judge Freedman has had his own well documented problems with honesty by willfully and intentionally filing false, perjurious and deceiving documents and affidavits regrading the timeliness in the administration of his duties in order to get paid and was issued a public reprimand.
In June 2007 The Commission on Judicial Performance publicly censured Alameda Superior Court Judge Robert J. Freedman for violating rules of conduct by failing to decide cases on time and falsely swearing that he was keeping up with time limits.
Judge Freedman’s misconduct was of such gravity as to warrant his removal from office, the commission said, but the presence of mitigating evidence justified reducing the punishment to a “severe public censure.” You can read and/or download the article on Judge Freeman’s Censure at: http://www.box.net/shared/5n0tt72rbt
The commission adopted factual findings made by a panel of special masters, who found by clear and convincing evidence that Freedman delayed rulings in 21 of the 23 cases over which he was charged in a notice of formal proceedings last May.
It also agreed with the panel that Freedman, as accused in the notice, regularly signed and submitted false salary affidavits to the county during times when he was aware his rulings were overdue. He has a checkered past in al-Hakim’s case as well.
At one hearing in that matter he openly stated bias, prejudice, voiced a fixed opinion of al-Hakim and having an improper ex-parte communications regarding al-Hakim and his case while using such information to hold al-Hakim to a higher legal standard than that of the opposing counsel in the case as a guise for sanctioning al-Hakim for it. al-Hakim is convinced and Freedman’s three years of delay demonstrate that he will not seriously review nor is he capable of impartially or fairly judging this matter, even for review.
Russo’s Interest in Real Estate Firm
Is there any truth to the allegation that Russo has an interest in a real estate firm? It is widely acknowledged that the Gang Injunctions are nothing but another tool for developers to continue exercising gentrification of the Black/Latino Communities unopposed because of the ap
athy and lack of leadership in defending their rights from the so-called leaders! Where are the national groups that alleges to stand for Civil Rights when the minority communities are being raped and “Okey Doaked” by the “white liberal” defenders of the public trust?
The Merits of The Gang Injunction
The University of California, Berkeley – School of Law’s Center for Criminal Justice cites nationwide statistics that overwhelming prove Gang Injunctions are ineffective in all jurisdictions.
The following are but a few reasons cited by the legal community on why Russo’s proposed injunction should not be granted:
· At a time when California’s budget is in a record crisis, does Oakland have resources to waste on an injunction that costs hundreds of thousands of dollars to enforce yet will not bring about positive crime reduction results?
· The injunction would increase the distance between police and communities, does not focus on rehabilitation, reasons why youth join gangs, jobs or education which youth of our state so desperately need. Study after study has shown that rehabilitation is over ninety percent effective for this age group.
· A federal judge who is monitoring Oakland police reforms heavily criticized the police department at a hearing and threatened to take it over, the Tribune reported. Judge Thelton Henderson, who is monitoring the OPD because of the Riders scandal, threatened to put the department in “receivership.” If that were to happen, the judge would appoint an overseer who would have power over Oakland Police Chief Anthony Batts. The judge is upset that the Oakland Police Department has still not instituted the police misconduct reforms that it agreed to several years ago. A Legal Settlement is a contract – breach of which by OPD opens the city up to even more money damages.
· In light of the above, if Russo has his way, the police will undeservedly regain power; usurping Federal power, creating a “Fiefdom” for Russo. A failed police department does not deserve to continue down a path of destruction – that is why the Federal Government stepped in to begin with. If the Rider’s Settlement is not given effect – the entire trial was for naught -yet another waste of taxpayer dollars.
· The named defendants in the injunction are guilty until proven innocent. This turns the US Constitution upside down. An injunction is simply not necessary because Police need only a reasonable suspicion to stop and frisk a suspect – not the higher level of probable cause. Reasonable suspicion and closer ties to the community is what is needed to bring about crime reduction and community building. An injunction is lazy police work; overkill – unnecessary and has a counter-effective result by tearing down the very community it is supposedly there to clean up.
· The injunction will not result in safer streets but creates unfettered power in John Russo’s office. Further, an injunction opens the communities up to profit mongers such as real estate developers like John Russo’s family business owners. At a time when Oaklanders are losing their homes to foreclosure at record numbers, their interests rather than big business should be put first.
D. A. & Oakland City Attorney Fraud Victim Forcibly Removed from Courthouse Building Threatened With Arrest
The following letter is from Alameda County District Attorney and Oakland City Attorney fraud victim Abdul-Jalil al-Hakim to an over 40 year personal friend and family client, the Honorable Judge Leo Dorado regarding an encounter with District Attorney henchman Bob Connor whom forcibly removed al-Hakim from the Rene Davidson Courthouse building and threatened to arrest al-Hakim if he ever returned. Connor is very well known to both parties.
al-Hakim has filed a formal complaint against the Alameda County District Attorney office and the City Attorney’s John Russo of Oakland and Jayne Williams of San Leandro and their City Attorney’s office administrations including the law firm of Meyers Nave, on June 7, 2010. After several conversations with the Alameda County District Attorney office, District Attorney Nancy O’Malley assigned the case to Assistant District Attorney Kevin Dunleavy. After his review and several more conversations with al-Hakim, Dunlea
vy decided to assign the case for investigation. You can read more on the filing of the complaint and the District Attorney Investigates City Attorneys John Russo, Jayne Williams, Meyers Nave Corruption Complaint.pdf
al-Hakim also filed the complaint with Oakland City Auditor Courtney Rudy, long rumored to be Russo’s love interest, only to have her refuse to investigate the complaint, though she is compelled to do so by the passing of Russo’s “Oakland ROAR” anti-corruption program. The program was alleged to revive the confidence of the citizens of Oakland in the City Administrators. She received the 200 page complaint with audio CD as witnessed by the voice mail message left for al-Hakim by her assistant Joe Macaluso. You can view, listen to, and/or download the letters to Ruby and Macaluso’s voice mail here:
Macaluso’s voice mail
al-Hakim will petition President Obama and U. S. Attorney General Eric Holder to expand the initial investigation of a complaint filed in 2005 by demanding a change in this criminal, tactical policy of isolation, victimization, criminalization and the attempted entrapment of the victim, including the use of government initiated, Nixon era “White House Plumbers” and CoIntelpro style dirty tricks! This civil conspiracy has brought into play County and Sate Agencies to further it’s continued investigation of al-Hakim whom the defense admitted in 1998 has been surveilled for years and continues today with the compromising of many agents and informants covers due to their sloppiness. These actions of Dunleavy, and Connor are just the latest example of the continuing efforts of law enforcement to silence and eliminate al-Hakim as their adversary when he has caught and exposed them as they have been entrapped in their own crimes!
After the encounter with Connor, al-Hakim spoke with District Attorney Matt Golde and Dorado regarding his treatment and called O’Malley to voice his extreme concern wherein he received a return call from Dunleavy. The recorded conversation with Dunleavy regarding the encounter with Connor and the investigation can be listened to and/or downloaded at:
Here’s Dunleavy’s second call stating the he will speak with the Department of Child Support Services attorney that had to admit in court several times that they and the D. A.’s office had committed fraud, embezzlement, and theft against al-Hakim and his family. When al-Hakim refused to pay for the D. A.’s fraud, they attempted to extort the money from him by suspending his drivers license and revoking his passport!
After no response from the D. A.’s office, the following letter of today ensued.
TO: The Honorable Leo Dorado FAX #: 510 891-6336
Judge of Superior Court
NO PAGES: 2
County of Alameda
1221 Fallon St., Department #5
Oakland CA 94612
cc: Matt Golde (510) 667-3146, Ivan Golde (510) 444-1369
FROM: Abdul-Jalil al-Hakim
DATE: December 27, 2010
RE: District Attorney Forcibly Removing Me from Courthouse Building, Threatened with Arrest if Returned and Response to Formal Complaint Served and Filed June 7, 2010
Dear Judge Dorado,
First, let me say “Happy Holidays” to you and the family! I know that everyone must be doing great, and since the kids are not getting any younger, I guess you and I can not be 21 any longer! What’s this I hear about you having hip replacement and moving to Juvenile Court? We have some catching up to do, which was part of the reason I was coming to see you when I was removed from the courthouse building!
I have awaited your response to our last conversation and the results of your inquiry into the District Attorney’s actions wherein hopefully we could meeting to discuss the above very serious concerns.
It is unfathomable that such a thing could happen in today’s highly charged racial, political, and law enforcement versus community interactive environment, especially in Oakland and Alameda County where deadly force seems to be the rule rather than the exception. We have also discussed my previous interaction with officer Bob Connor during my Oakland Police Burglary case which you are aware of and know that he is not someone I trust or would interact with in any manner. He clearly tried to put me in harms way where I could/would have been killed! I made it clear then that I never intended to speak or have any contact with him ever again in life.
To allow the D. A.‘s office to handle me and my complaint in such a Gestapo fashion and to use you as a ruse is unacceptable, needs to be investigated, the responsible parties held accountable and punished. I have yet to receive any response from Nancy O’Malley. Clearly something must be done as I have waited for you to get back to me to move this process forward. There is no circumstance or law that can justify this use of force, intimidation, and threat of imprisonment under the guise and color of law!. You know that I will not allow this continuing injustice to go on unnoticed so, what time is best for you since I want to meet as soon as possible!
We are all very busy, and especially this time of year, but I have been speaking to the D. A.’s office about this matter since June of this year with the above results. The matter of the fraud and corruption committed by the District Attorney and Oakland City Attorney and I are not going to magically disappear so let’s address it and move on.
I have litigation that was to be filed in November the day of my being forcibly removed from the court house and threatened with arrest if I returned. I was unable to complete that filing, wherein the D. A.’s office has compromised these suits and this issue also must be corrected ASAP!
Please respond with a time ASAP and I will accommodate that time and it can be after working hours or the weekend, if it’s best for you. We have some catching up to do anyway.
Thank you and I welcome and look forward to your immediate response with the furthering of the litigation and resolution of this ongoing case.
al-Hakim has over 70,000 signatures and implores everyone to click on any one of the links and sign the Petition To The Honorables President Barack Obama and United States Attorney General Eric Holder to raise it’s investigation of corruption involving Attorney General Jerry Brown, Oakland City Attorney John Russo, former Oakland and current San Leandro City Attorney Jayne Williams, former District Attorney Tom Orloff, and current District Attorney Nancy E. O’Malley.
You can view, listen to, and/or download the following related documents or audio files: