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Mistrial Declared in Richardson, 7-5 in favor of acquittal

by | Jun 29, 2009

Mistrial Declared in Richardson, 7-5 in favor of acquittal

Juvenile Institutional Officer Jachu Richardson is a nine year veteran of the Alameda County Probation Department with the last five years being spent in a maximum security unit within Juvenile Hall. On June 19, 2008, Officer Richardson and another officer conducted a pat down and cell search of an inmate suspected of possessing contraband. During the cell search, the inmate violated a lawful order to remain seated, began cussing at Officer Richardson and approached the Officer with fists clenched. Officer Richardson restrained the inmate, finally placing the inmate on the cell bed and waited for back up to arrive. Officer Richardson and his partner followed all of the established protocols, informed their supervisor, and wrote up the incident.

Several months later in October, 2009 after intense pressure from both the Alameda County Probation Department and the Alameda County Sheriff’s Department, Officer Richardson’s partner completely changed his story, admitting to falsifying a report and lying to investigators. The Alameda County District Attorney’s Office choose to believe Officer Richardson’s partner and filed P.C. 149 Assault Under Color of Authority felony charges against Officer Richardson.

In his preliminary hearing, Officer Richardson was defended by Lauro A. Paredes of Goyette & Associates, Inc. Mr. Paredes successfully defended Officer Richardson at the preliminary hearing resulting in a Judge’s order that the District Attorney’s Office could not proceed with felony charges.

The District Attorney’s Office choose to re-file the case as a misdemeanor and on June 16, 2009, Officer Richardson was tried on misdemeanor assault under color of authority charges. After a 7-day trial, the jury was hopelessly deadlocked 7-5 in favor of acquittal. The Court declared a mistrial.

The Alameda County District Attorney’s Office has 45 days in which to retry Officer Richardson. The Alameda County District Attorney’s Office has now twice failed to convince a trier of fact that Officer Richardson did anything wrong. Goyette & Associates will continue to represent Officer Richardson in any further criminal proceedings as well as an upcoming Administrative hearing. In the next few months, we expect Officer Richardson’s charges to be dismissed and/or for him to be acquitted.

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