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By David M. Greenwald
Executive Editor
San Francisco, CA – John Hamasaki as the days are winding down on his bid to unseat appointed DA Brooke Jenkins has been handed ample ammunition in the form of sloppiness that may rise to criminal conduct.
In a release on Friday, Hamasaki’s campaign called this “a continued pattern of ethical and potentially criminal misconduct” by DA Jenkins.
At issue was an email which Mission Local first reported showing that “Jenkins shared classified documents, including 3 police reports and an unredacted RAP sheet, to a co-worker’s personal email days before both left the District Attorney’s office.”
Former DA Chesa Boudin, who led the office at the time, according to the campaign’s release and coverage from Mission Local, said that “neither attorneys were assigned to the case in question or had official reasons to share the documents” – which the campaign asserts “would mean Jenkins broke the law in releasing the documents.”
Hamasaki said, “We need a DA who obeys the law. When appointed DA Jenkins believed herself to be above the law – she is failing the citizens of San Francisco. I am calling on Attorney General Rob Bonta to investigate these criminal allegations in order to restore faith in our justice system.”
The files that were allegedly illegally shared by DA Jenkins, included information regarding the Troy McAllister case, were then used publicly for political purposes in the recall effort. This offense is a potential misdemeanor, according to California Penal Code sections 11142 and 11143.
For her part, DA Jenkins continues to deny any wrongdoing and believes the leak to be politically motivated.
Jenkins told local media, “she accidentally used du Bain’s personal email address and that she’d launched an investigation into the release of her email.”
She told the media, “These files were never used on the recall campaign, or for any political purposes, and were never disclosed to the public.. What we do know is that my email from when I was an assistant district attorney and these files were inappropriately, and potentially illegally obtained and shared by someone.”
Retired Judge Martha Goldin commented, “Appointed DA Jenkins’ continual unethical and possibly criminal conduct is an affront to our justice system. On October 13, 2022, I filed a complaint with the State Bar of California documenting Brooke Jenkins’ then known misconduct and possible criminal violations of election laws. I am preparing an additional complaint with newly revealed evidence of and admissions of conduct which may be crimes in violation of Penal Code sections 11142 and 11143.”
The revelations could have far reaching consequences beyond just the campaign.
In a statement from Deputy Public Defender, Scott Gant, who is representing Troy McAlister, he said, “I am extremely disturbed that Brooke Jenkins improperly disclosed confidential information pertaining to Mr. McAlister, including his rap sheet, which is subject to stringent confidentiality requirements in our criminal system.”
He added, “Neither Ms. Jenkins nor Mr. du Bain ever appeared on the Troy McAlister case, were assigned to the case, or were supervisors of the prosecutor on the case. I have no reason to think that Ms. Jenkins and Mr. du Bain had any legitimate basis to access the records, not to mention disseminate those records outside of confidential channels.”
Grant suggested that they would potentially file a motion to disqualify the DA’s office from prosecuting the case.
“When prosecutors use information for personal or political reasons, it destroys all trust that the prosecutor can carry out their public duties in an unbiased and ethical manner. Mr. McAlister has already been used as a political pawn, and this revelation just makes clearer that his case has become about politics,” he said.
For the Hamasaki campaign this adds up to yet another black mark against the appointed DA.
According to the campaign, “This is simply the latest revelation of unethical behavior by the appointed DA, who has previously been to accept undisclosed funds totaling over $150,000 from a nonprofit in support of the recall effort – while claiming to be a “volunteer” to voters.”
“Look, the bottom line is – San Franciscans deserve a full, independent investigation into this violation of law. An investigation which cannot be conducted by the target of the investigation. We need AG Bonta to take on this important responsibility to restore faith in our justice system,” concluded Hamasaki.