{"id":509372,"date":"2026-10-27T10:12:55","date_gmt":"2026-10-27T10:12:55","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ca\/509372\/"},"modified":"2026-10-27T10:12:55","modified_gmt":"2026-10-27T10:12:55","slug":"oakland-on-trial-day-7-thaos-defense-turns-tables-painstakingly-challenges-evidence","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ca\/509372\/","title":{"rendered":"Oakland on Trial: Day 7 \u2014 Thao\u2019s Defense Turns Tables, Painstakingly Challenges Evidence"},"content":{"rendered":"

\"\"<\/a>Day 7<\/p>\n

\u2014Former Oakland Mayor Sheng Thao\u2019s defense attorney Jeffrey Tsai spent much of Monday methodically picking apart the federal government\u2019s evidence against his client, suggesting prosecutors selectively presented text messages and recordings to bolster their allegations of a sweeping public corruption conspiracy.<\/p>\n

The lengthy cross-examination of FBI Special Agent Katherine Barclay marked a potentially significant moment for Thao\u2019s defense, which has maintained that the former mayor neither participated in a bribery scheme nor knowingly benefited from money allegedly funneled to her longtime partner, Andre Jones.<\/p>\n

Tsai\u2019s strategy was to provide jurors with a fuller picture of communications that federal prosecutors presented last week, particularly text exchanges involving Mario Juarez, the political operative at the center of the alleged scheme.<\/p>\n

Prosecutors allege Juarez helped orchestrate a deal involving negative campaign mailers targeting Thao\u2019s 2022 mayoral opponent, Loren Taylor, in exchange for political favors benefiting the Duong family\u2019s business interests.<\/p>\n

But Tsai highlighted a series of messages suggesting Thao frequently ignored Juarez in the month leading up to the November 2022 election.<\/p>\n

On Sept. 19, 2022, Juarez congratulated Thao on securing the Alameda County Democratic Party\u2019s endorsement. Seven additional messages followed without a response from Thao until Oct. 5, 2022.<\/p>\n

Notably, Tsai emphasized, the messages did not explicitly reference a bribery agreement or confirm that Thao had agreed to purchase 100 modular housing units, as prosecutors allege.<\/p>\n

Tsai repeatedly asked Barclay whether various communications established a deal or agreement involving Thao. She responded no each time.<\/p>\n

The defense also challenged the significance of a document titled \u201cDeal Points for Sheng Thao :: Election :: Post Election\u201d that laid out the alleged corruption scheme in detail. Barclay\u2019s acknowledgment that it was never sent to Thao.<\/p>\n

Perhaps Tsai\u2019s strongest line of questioning concerned the government\u2019s contention that Thao indirectly benefited financially from payments to Jones, including assistance with household expenses.<\/p>\n

Prosecutors have suggested that money flowed from Evolutionary Homes and Juarez to help Jones cover rent, utilities and other mounting expenses shared with Thao.<\/p>\n

Tsai countered with text messages depicting a financially strained relationship in which Thao demanded that Jones pay the rent.<\/p>\n

\u201cStop texting me,\u201d Thao wrote to Jones on Dec. 14, 2022. \u201cAnd pay the f\u2014king rent.\u201d<\/p>\n

Another message from January 2023 urged Jones to figure out how to pay rent, while correspondence from the property manager indicated the couple had lost online payment privileges because of missed payments.<\/p>\n

Tsai suggested to jurors that federal prosecutors had misunderstood a key series of text messages between Thao and Jones concerning their difficulties paying rent.<\/p>\n

One text message from Thao to Jones on Jan. 4, 2023, read, \u201cPls figure out how we pay rent his month asap.\u201d Federal prosecutors interpreted the message as referring to the couple\u2019s inability to make the payment because of insufficient funds.<\/p>\n

Tsai, however, argued that the message concerned how the couple would physically make the payment after their property manager cut off access to online payments.<\/p>\n

Tsai additionally noted that no cash was seized during the FBI\u2019s June 2024 search of Thao\u2019s home.<\/p>\n

Later, Andy Duong\u2019s attorney, Erik Babcock, challenged the completeness of federal investigators\u2019 phone records, identifying 23 calls between Andy and his father, David Duong, missing from a summary covering a three-week period.<\/p>\n

He additionally questioned Juarez\u2019s claims about the value of a Rolex watch allegedly stolen during a violent confrontation, suggesting the watch might have been counterfeit, and that he lied to Oakalnd police investigators.<\/p>\n

\u2014A TRIAL AT A SNAIL\u2019S PACE\u2014 FBI Special Agent Katherine Barclay has occupied the witness stand since last Monday, underscoring the painstaking pace of a trial now entering its third week. <\/p>\n

She will return to the stand for a fifth day on Tuesday morning. Attorneys for the defendants indicated Barclay could remain on the stand for up to three more hours.<\/p>\n

With cross-examination consuming much of the proceedings, the high-profile case is moving at a snail\u2019s pace despite an already ambitious schedule stretching toward Thanksgiving.<\/p>\n

Several jurors appeared to be struggling to stay engaged during the defense attorneys\u2019 questioning Monday. One juror repeatedly yawned during cross-examination. (I probably yawned 14 times myself.)<\/p>\n

The jurors\u2019 apparent fatigue did not go unnoticed by U.S. District Judge Yvonne Gonzalez Rogers.<\/p>\n

After Monday\u2019s proceedings concluded and with jurors out of the courtroom, the judge warned defense attorneys that they were losing the jury\u2019s attention.<\/p>\n

\u201cI\u2019m not telling y\u2019all how to present your case, but that jury\u2019s eyes are glazing over,\u201d she said.<\/p>\n

\"\"<\/a>Mario Juarez, the prosecution’s star witness, may take the stand this week, the government said on Monday.<\/p>\n

\u2014UP NEXT\u2014 Federal prosecutors indicated that Cecilia Mendez will be the next witness Tuesday. Mendez is Juarez\u2019s former girlfriend, the mother of one of his children, and a business associate who worked for Evolutionary Homes.<\/p>\n

Mendez recorded Evolutionary Homes board meetings to produce meeting minutes. One recording allegedly captures David Duong voicing frustration with the slow pace of a proposed sale of modular housing units to Oakland.<\/p>\n

In addition, prosecutors said they expect Juarez, a key witness for the government, to testify sometime this week.<\/p>\n

NAME DROPS: Victor Aguilar, Jr., San Leandro councilember; Ben Bartlett, Berkeley councilmember; Jesse Arreguin, state senator; Larry Reid, former Oakland councilmember; Desley Brooks, former Oakland councilmember; Ken Houston, Oakland councilmember (all references to elected officials not interviewed by the FBI agent); Elihu Harris, former Oakland mayor (reference in text by Juarez about no longer being friends); Noel Gallo, Oakland councilmember (reference in text between Juarez and Thao about his popularity with Latino voters); Ignacio De La Fuente, former Oakland councilmember (Juarez text saying Latinos are not supporting in him 2022 election); <\/p>\n

Libby Schaaf, former Oakland mayor (reference to her appearing on Juarez mailer); Pamela Price, former Alameda County DA (reference to her appearing on Juarez mailer); Nate Miley, Alameda County supervisor (text suggesting he attend a meeting with Juarez); Shawn Wilson, chief of staff for an Alameda County supervisor (text suggesting he attend the same meeting); BottleRock music festival in Napa (text between Jones and Thao about attending); Oakland A\u2019s (passing reference to team relocating).<\/p>\n

FOLLOW THE TRIAL: East Bay Insiders will provide daily courtroom coverage of the Oakland public corruption trial, delivered straight to your inbox around 4 p.m each day in addition to the daily 6 a.m. newsletter. <\/p>\n

Get the latest testimony, courtroom drama and political intrigue by becoming a paid subscriber to East Bay Insiders. Support independent local journalism and don\u2019t miss a moment of this historic trial.<\/p>\n

\"\"<\/a><\/p>\n

Refer a friend<\/a><\/p>\n

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