Politics
Defense in Oakland Mayor Sheng Thao's Corruption Trial Seeks Mistrial After Witness Gestures at Defendant
Sheng Thao's attorney is seeking a mistrial after key prosecution witness Mario Juarez gestured toward the former mayor and appeared to suggest attorneys ask her a question directly, potentially prejudicing the jury. The judge rebuked Juarez, and the defense is now requesting a stronger jury instruction to disregard the comment.
OAKLAND â The federal corruption trial of former Oakland Mayor Sheng Thao was thrown into uncertainty Tuesday when her defense attorney raised the possibility of a mistrial after the government's key witness made a comment that appeared to reference Thao's right not to testify.
The exchange occurred during cross-examination of Mario Juarez, who has pleaded guilty to conspiracy and is testifying in hopes of a lighter sentence. According to accounts from the courtroom, Juarez gestured toward Thao and seemed to suggest that attorneys should ask her a question directly. The judge quickly rebuked Juarez, reminding the court that every defendant has the right not to testify.
During a break, Thao's attorney, Jeffrey Tsai, argued that the comment could prejudice the jury and said he was considering seeking a mistrial. He is now asking for a stronger jury instruction to disregard the remark. The government has not had time to respond to the request.
The incident adds to the mounting tension in a trial that has already seen fierce attacks on Juarez's credibility. Defense attorneys for Thao and her codefendants have sought to portray Juarez as a self-interested witness whose testimony is shaped by his desire for a reduced sentence.
Earlier in the proceedings, Andre Jones, Thao's partner at the time of the alleged scheme, had his attorney question Juarez's finances, including his reliance on government assistance and outstanding debts. An attorney for the Duong family, who are also charged, suggested that Juarez pushed the Evolutionary Homes modular home business idea from the start, urging Andy Duong to get his father, David, to invest. Juarez characterized the effort as a joint one.
Prosecutors allege that the Duongs, Juarez, Thao and Jones conspired to trade cash and other campaign support to get Thao elected in exchange for political favors and city business once she became mayor. Thao has denied wrongdoing.
The trial, which has drawn attention across the Bay Area, is being closely watched as a test of federal corruption enforcement in local politics. Cross-examination of Juarez is scheduled to continue Thursday.
The defense's request for a mistrial, if granted, would reset a case that has already consumed months of pretrial maneuvering and public attention. Legal observers say such motions are rarely successful but can provide grounds for appeal if a conviction follows.
For now, the judge has not ruled on the request for a stronger instruction, and the trial is set to resume later this week.