OAKLAND, CA – U.S. District Judge Jeffrey White declared a mistrial last week for one of the two ex-Antioch police officers, on trial for corruption and excessive force charges, after the attorney for Devon Wenger admitted she couldn’t provide effective counsel.
The Bay Area News Group story wrote the court “granted both motions for the reasons stated under seal,” indicating that Wenger’s trial would proceed separately at a later date.
Wenger is charged with conspiracy to violate civil rights and excessive force, and faces separate steroid distribution charges set for trial in April. Meanwhile, the case against his co-defendant, Morteza Amiri, who is accused of conspiracy and illegal use of a police dog, continues as planned, reported BANG.
Bay Area News Group noted Wenger’s attorney, Nicole Lopes, struggled with the government’s slow production of discovery materials, arguing, “Prosecutors had been sluggish in handing over evidence.”
Judge White acknowledged this imbalance, telling federal attorneys, “You need to move this along,” said BANG, adding the judge was less sympathetic toward Lopes’ claim of being shorthanded, stating, “That’s your problem, not mine.”
Judge White also ordered Lopes’ firm’s founding partner, Bill Seki, to explain “why Ms. Lopes has not been supported” and outline a solution. Seki responded his firm had limited criminal attorneys and that he was dealing with a personal emergency.
According to BANG’s report, the court found Seki’s response “too vague to fully address the court’s concerns.”
The court held a sidebar discussion with Lopes and the prosecutors and ultimately Judge White cleared the courtroom and later declared a mistrial for Wenger, BANG wrote, adding the judge asked attorneys to instruct jurors not to speculate on Wenger’s absence, because it may impact Amiri’s right to a fair trial.
According to BANG, the indictment against Wenger and Amiri accuses them of conspiring with fellow officer Eric Rombough to “injure, oppress and threaten the people of Antioch.” Rombough pleaded guilty, and is expected to testify for the government.
The news group reported text messages between the officers, already shown to jurors, portray them joking about excessive force and making crude remarks about arrestees and colleagues.
Officer Amiri has been previously convicted in a separate case for fraudulently securing pay raises, and is facing serious legal consequences, added BANG, noting Wenger claims he is innocent and he is a scapegoat for corruption within the Antioch Police Department.
Attorney Lopes argued, “He’ll be completely vindicated at the end,” and that Wenger had resigned due to unfair treatment and retaliation, and linking Wenger to Amiri and Rombough was misleading, stating, “They made it seem as if … they all acted together.”
