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An attorney for one of former Oakland mayor Sheng Thao’s co-defendants revealed a familiar target Friday, one of the major elements of a defense strategy for their fast-approaching federal corruption trial .
The attorney for David Duong — the embattled founder of Oakland’s recycling contractor — signaled plans to hone in on the credibility of Mario Juarez, the government’s star witness, who spent years as a political operative before going into business with the Duong family on a short-lived and tumultuous housing venture.
The tactic represents a familiar line of attack for Thao and her three co-defendants, after they previously targeted Juarez’s credibility last year while arguing unsuccessfully to bar prosecutors from accessing a trove of evidence in the case.
The statements by the attorney, Ed Swanson, came during an hourslong hearing Friday to determine what topics can be broached on cross-examination, and what evidence can be shown to jurors when the corruption trial opens with jury selection on Oct. 13.
On Friday, Swanson argued for the ability to cross-examine Juarez about myriad prior allegations of fraud and misdeeds, suggesting that Juarez was a problematic witness who co uldn’t be trusted on the stand.
The attorney also argued that a pattern had emerged of Juarez going on the offensive against his perceived enemies — such as when Juarez threatened to go to the FBI, after David Duong accused Juarez of stealing at least $750,000 from their shared housing company.
“The jury needs to understand this is his pattern, because this is literally our defense,” Swanson said Friday.
Federal prosecutors claim Juarez was a key player in a scheme by the Duong family to pay off Thao in exchange for access to her administration and the lucrative city contracts it could award.
As a part of the deal, authorities say, Thao accepted bribes from David Duong and his son, Andy Duong — including political favors and $95,000 toward a $300,000 no-show job for Jones — in exchange for ensuring the city’s purchase of 300 units from a fledgling housing company co-founded by David Duong and Juarez, called Evolutionary Homes.
The agreement also included the promise of a renewed city contract for the Duongs’ recycling firm, California Waste Solutions, court filings claim, as well as the appointment of people favored by the Duongs to important positions in the city, court records sh ow.
Juarez has already pleaded guilty to engaging in a conspiracy to commit bribery in connection with the alleged scheme.
On Friday, Federal Chief District Judge Yvonne Gonzalez Rogers largely held off issuing any rulings on the numerous motions on what can, or can’t, be raised in front of jurors during of next month’s trial , including details of Jones’ finances and Thao’s campaign debts from 2022.
The most spirited debate, though, centered on Juarez’s past. Prosecutors filed a motion last month seeking to pre-emptively bar defense attorneys from questioning Juarez about past arrests that never led to convictions or any of the lawsuits against him that never ended in a court judgment.
At one point, Gonzalez Rogers briefly floated the possibility of a separate evidentiary hearing to determine what parts of Juarez’s past could, and could not, be mentioned at trial.
She also signaled a reluctance to allow any mention of prior acts dating back more than a decade, which include the moment he surrendered his real estate license amid claims he forged a lease agreement.
“The problem with this witness is there’s a huge set of allegations in alleged inappropriate behavior with respect to a number of local officials,” Gonzalez Rogers said. “What I can tell you is it is a huge mess.
And if in fact there is fire where there is so much smoke, then the jury gets to hear about the credibility of this individual.” It remains unclear when Gonzalez Rogers may issue her rulings on what evidence could be allowed at trial. Opening statements are expected to begin Oct.
19, a week after the start of jury selection, with testimony likely lasting five to six weeks. Jakob Rodgers is a senior breaking news reporter.
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