As the corruption trial of former Mayor Sheng Thao nears, prosecutors and defense attorneys are waging a last-minute fight over what jurors will get to hear about the background of a key witness: Mario Juarez.\u00a0<\/p>\n
On Monday, attorneys for David Duong, the head of California Waste Solutions who is accused of bribing Thao, asked a federal judge to let them cross-examine Juarez about his lengthy and contentious legal history.\u00a0<\/p>\n
They also hinted that they have more details about Juarez\u2019s alleged misconduct that they want to show the court under seal.\u00a0<\/p>\n
Duong\u2019s attorneys, Edward Swanson and August Gugelmann, argue that much of the evidence of the alleged bribery scheme was generated by Juarez, and the question of whether Duong or the other defendants were told of the alleged scheme hinges on Juarez\u2019s testimony. This means that jurors will basically have to decide whether or not they trust what Juarez is telling them to make a decision on the guilt or innocence of Thao, Duong, his son Andy Duong, and Thao\u2019s former romantic partner Andre Jones.\u00a0<\/p>\n
\u201cAs a result, the issue of Juarez\u2019s credibility will be front and center at trial,\u201d the attorneys wrote in their motion.\u00a0<\/p>\n
Federal prosecutors appear to be aware that Juarez\u2019s past could be a problem in front of a jury, and they have argued that the court should limit the defendants\u2019 ability to ask him questions about his past. In a motion filed on Monday, prosecutors argued that the defendants are trying to turn Juarez\u2019s anticipated cross-examination \u201cinto a series of mini-trials\u201d and introduce evidence from decades-old events.\u00a0<\/p>\n
Juarez became an FBI informant after a falling out with the Duongs<\/p>\n
The trial, which starts Oct. 13, will address allegations that Thao and Jones accepted $95,000<\/a> in bribes from the Duongs. In exchange, Thao allegedly agreed to grant the Duongs various favors, including getting the city of Oakland to purchase hundreds of modular homes from a company called Evolutionary Homes<\/a> that the Duongs created with Juarez.\u00a0<\/p>\n Juarez has already pleaded guilty<\/a> to conspiracy to commit bribery as part of his deal, and apparently agreed to testify under oath.\u00a0<\/p>\n For several months, attorneys for Thao, Jones, and the Duongs have tried to limit<\/a> what the federal government can introduce as evidence. Juarez\u2019s planned testimony has been one of the most controversial subjects.\u00a0<\/p>\n As we\u2019ve previously reported, Juarez has been involved in at least 27 civil lawsuits<\/a> and has been accused of fraud by former business partners on multiple occasions. In 2024, he was criminally charged by then Alameda County District Attorney Pamela Price for allegedly defrauding a printing press. This alleged crime is what brought the FBI into the picture because it involved the printing and distribution of attack ads paid for by the Duongs, which were designed to swing the 2022 election in Thao\u2019s favor. But after Price was recalled, DA Ursula Jones Dickson dropped the charges<\/a>.\u00a0<\/p>\n During a hearing on Friday, Judge Yvonne Gonzalez Rogers said she would not allow parts of Juarez\u2019s legal history to be introduced as evidence if it didn\u2019t result in a judgment. She also said it\u2019s usually her practice not to let parties bring up litigation that is older than 10 years. But she also acknowledged that Juarez\u2019s history poses a problem because of the large number of allegations involving local officials.\u00a0<\/p>\n \u201cWhat I can tell you is it\u2019s 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,\u201d Rogers said.\u00a0<\/p>\n The defendants argued in court papers that the 10-year cut-off \u201cwould present the jury with an incomplete and misleading picture of Juarez\u2019s consistent and long-standing character for lack of truthfulness.\u201d\u00a0<\/p>\n Allegations of fraud, retaliation, and sexual liaisons<\/p>\n During Friday\u2019s court hearing, defense attorneys discussed a handful of incidents they want to be able to question Juarez about.\u00a0<\/p>\n One of the incidents occurred several years ago in Oakland, when Juarez allegedly defrauded a local businessman out of a real estate loan. When the man, who is referred to in court papers as \u201cS.C.,\u201d confronted Juarez, Juarez allegedly threatened to retaliate against him.\u00a0<\/p>\n Attorneys for David Duong argued this illustrated Juarez\u2019s modus operandi of engaging in business ventures, defrauding his partners, and then threatening them when confronted.<\/p>\n During the hearing on Friday, prosecutors said that S.C. is Stewart Chen, a chiropractor and the head of the Oakland Chinatown Improvement Council.\u00a0<\/p>\n