OAKLAND, Calif. (KGO) — Andre Jones was seen making his way into federal court in Oakland on Thursday along with former Oakland Mayor Sheng Thao, and David and Andy Duong, for another appearance in a federal bribery and corruption case.
Attorneys for the four defendants want the judge to suppress evidence seized with search warrants. Attorney for David Duong, August Gugelmann, claims it relies heavily on an affidavit that contains, “false information and missing information.”
Presiding Judge Yvonne Gonzales Rogers saying, “the motion is a stretch.”
The attorneys also arguing the affidavit’s showing of probable cause is based on the federal informant known as Co-conspirator 1. He is widely assumed to be Oakland businessman and former Oakland City Council candidate, Mario Juarez.
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The attorneys argue that Co-conspirator 1 has a decades-long history of defrauding business partners, including by forging documents and then falsely accusing those same partners of wrongdoing in order to escape liability.
Federal officials say a money trail led to a federal indictment alleging a pay-to-play scheme where former Oakland Mayor Sheng Thao and her romantic partner, Andre Jones, traded political promises to the Duong family’s businesses for campaign financing and cash. All four have plead not guilty.
Thao’s attorney, Jeffery Tsai, claims the affidavit failed to establish “factual nexus,” a legal term meaning, in part, to link a defendant to a crime. He said computers and phones were seized, but did not establish where the documents came from. Adding, documents show legal contracts but no evidence that money went to Thao. Jones’ lawyer added it does not prove any illicitly activity.
The judge did not rule but made it very clear that the probable cause standard is low. Adding, she will consider whether or not to unseal written briefs and exhibits filed to federal court which include the name of Co-conspirator 1.
She told us she did say to the attorneys to “prepare for trial.”
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