Alameda DA Announces Motions for Resentencing of Three Death Penalty Cases

Special to the Vanguard

Oakland, CA – On Tuesday, Alameda County District Attorney Pamela Price announced that motions have been filed requesting the resentencing of the death penalty convictions for Ernest Dykes, Keith Thomas, and Gregory Tate. Two of three death penalty cases were tainted by prosecutorial misconduct during their trials in the 1990s.

Back in April, U.S. Federal Judge Vince Chhabria directed the ACDAO to review death penalty cases after it was discovered that in the 1993 murder trial of Ernest Dykes, Black and Jewish jurors were tracked and excluded from serving on death penalty cases.

Dykes was sentenced to death in the killing of nine-year-old Lance Clark and the robbery of Bernice Clark.

A settlement was reached in the case which would allow Dykes to be released on parole in mid-June of 2025 after being on death row for 31 years.

A hearing on the stipulated motion is scheduled for August 13, 2024.

Keith Thomas was convicted in 1997 for the kidnapping, rape, and murder of Francia Young. He was 19 years old when these crimes were committed. He has served 31 years on death row.

A motion to resentence Thomas has been filed and is scheduled to be heard on Wednesday, July 17, 2024.

Gregory Tate was sentenced to death in 1993 for the murder of Sarah LaChapelle. A resentencing motion was filed to remove him from death row and to be resentenced to life without the possibility of parole. His hearing is scheduled for August 16, 2024.

“Regarding the cases for Mr. Dykes and Mr. Thomas, the prosecutors’ behavior appears to have undermined the integrity of the convictions,” said District Attorney Pamela Price. “The practice of excluding people from jury service based on their race, religion, or sexual orientation constitutes a betrayal of the public’s trust.”

Price added, “I want to take this opportunity to apologize to the surviving family members of Lance Clark, Sarah LaChapelle, and Francia Young on behalf of the Alameda County District Attorney’s Office. I want to also apologize to the Black, Jewish, and LGBTQ+ communities and to the public for what appears to be inappropriate, racist, homophobic, and sexist conduct by some of the prosecutors in this office.”

Price also announced to her staff the launch of a new Ethics Ombudsperson Office at the ACDAO.

“This is a natural extension of the ACDAO’s work supporting Alameda County’s Grand Jury in its ombuds role investigating local government to ensure public agencies are working in the best interests of the public,” the DA’s office said in a statement  “The launch of the Ethics Ombudsperson Office is a testament to District Attorney Pamela Price’s commitment to government transparency and accountability to the community. It is the first of its kind in California District Attorneys’ offices.”

The structure of the Ethics Ombudsperson Office is informed by the Code of Ethics and Standards of Practice of the International Ombuds Association (IOA) and is further modeled on The Northern District of California (NDCA) Ombudsperson Program through which attorney members of the NDCA Bar may confidentially communicate feedback and concerns regarding the Court or individual judges.

“The goal of the Ethics Ombudsperson Office is to prevent the unethical practices that have been unearthed inside the ACDAO,” said the DA’s office.

It will be led by Assistant District Attorney Kwixuan Maloof, who will serve as the office’s Ombudsperson and report directly to District Attorney Pamela Price.

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