Day 13
—David Duong’s attorney hammered the prosecution’s star witness over his history of financial misconduct, shifting accounts and alleged inconsistencies, prompting testy exchanges and a warning from the judge.
The battle between Mario Juarez and defense attorney Ed Swanson turned increasingly hostile Friday as the Oakland political operative struggled to explain past financial dealings, acknowledged instances of wrongdoing and occasionally offered vague or contradictory answers during a bruising cross-examination in the federal corruption trial of former Oakland Mayor Sheng Thao, her ex-partner Andre Jones, and David and Andy Duong.
Swanson spent much of the day attacking Juarez’s credibility, portraying the prosecution’s star witness as a financially desperate businessman with a history of deception and a powerful incentive to implicate the defendants to save himself.
Juarez frequently pushed back, at times mocking Swanson’s questions and accusing him of twisting his testimony.
“Counselor, you have a hard time defending your client,” Juarez snapped during one particularly contentious exchange.
U.S. District Judge Yvonne Gonzalez Rogers eventually admonished both men over their increasingly combative behavior.
Swanson’s questioning repeatedly returned to a central theme: If Juarez had deceived business partners, landlords and lenders in the past, why should jurors believe his account of an alleged bribery conspiracy involving Thao, Jones and the Duongs?
The attorney revisited Juarez’s May 2024 statements to Oakland police, during which Juarez described delivering money to Jones as part of what he characterized as a money-laundering scheme.
Yet Juarez initially denied that his actions constituted a crime, even after an officer challenged him over his admissions.
Juarez acknowledged Friday that he had attempted to minimize his involvement to police, explaining that he was “bruised and confused” following an alleged assault involving the Duongs.
Swanson also challenged Juarez over the terms of his federal plea agreement, including proposed provisions that would have conditioned his cooperation on the prosecution of other defendants and an investigation into the alleged assault that occurred against him in May 2024.
Juarez ultimately pleaded guilty to conspiracy to commit bribery, a charge that differs from the full slate of offenses facing the four defendants.
“I pled to the crime that I was guilty of,” Juarez said. “We all committed bribery,” he added. Asked whether he also committed honest services fraud, Juarez answered yes, despite not being charged with that offense.
—JUAREZ UNDER THE MICROSCOPE—Swanson then marched through a series of troubled financial transactions, including Juarez’s dealings with printer Samari Johnson, whose business produced controversial negative campaign mailers targeting Thao’s 2022 mayoral opponent, Loren Taylor.
“You ripped him off in this deal?” Swanson asked. “I did,” Juarez replied.
Juarez acknowledged intentionally moving money out of an account, causing a check to Johnson to bounce. “I’m very sorry that I did that to him,” he said.
But when Swanson pressed him about whether all 68,000 mailers were delivered before Election Day, Juarez grew irritated, insisting there were discrepancies in the printing and distribution, and some arrived in mailboxes after Election Day in November 2022.
“Are you not listening or do you want to hear something different?” Juarez shot back.
Other exchanges revealed apparent lapses in Juarez’s memory that suddenly gave way to detailed explanations.
Asked about a 2021 loan application, Juarez initially struggled to remember the transaction. He later provided extensive details, including the loan’s interest rate and his reasons for stopping payments.
Swanson also questioned Juarez about a $45,000 transaction involving an East Oakland church and allegations that funds intended for the congregation were diverted into an account controlled by Juarez.
Juarez said he could not recall the transaction or the client, noting that he had handled thousands of real estate deals.
In another matter, Juarez acknowledged altering a landlord’s lease agreement to increase a tenant’s security deposit from $7,000 to $21,000 without the landlord’s knowledge, and then pocketing the difference.
“It was illegal and whatever happened I was prosecuted for and faced criminal charges,” Juarez said, who surrendered his real estate license after the incident.
—DEAL DAY LOCATION—The sharpest exchanges came when Swanson challenged Juarez’s shifting recollections of when Thao allegedly demanded a $300,000 job for Jones.
Juarez initially told federal investigators the demand occurred at a campaign fundraiser at a restaurant in Jack London Square. He later placed the pivotal conversation at his office on Oct. 7, 2022.
Juarez explained that reviewing calendars and other evidence helped refresh his memory. He became visibly annoyed, defending his recollection and insisting Thao had demanded a bribe.
“She wanted a bribe. Pretty straightforward. She wanted money,” Juarez testified.
Swanson also questioned why certain alleged illegal arrangements were missing from written agreements.
“Most illegal notes, we don’t put them in writing,” Juarez replied.
—SHIFT IN DEMEANOR—The contentious testimony prompted another courtroom dispute after Juarez returned from a midday break with a noticeably different demeanor.
Shawn Halbert, an attorney for Jones, raised concerns at the end of the day about witnessing conversations involving Juarez and his attorney during the recess.
Juarez’s attorney denied coaching his client, saying he merely checked on his condition while Juarez ate a sandwich.
Gonzalez Rogers cautioned Halbert against suggesting misconduct without evidence.
“I am not stupid and neither is this jury. Nobody is being snowed,” the judge said.
“He did come back different,” Halbert responded.
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