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Ex-Oakland Mayor Sheng Thao trial: Judge admonishes government's star witness amid heated cross-examination

Jakob Rodgers, The Mercury News on

Published in News & Features

OAKLAND, Calif. — A judge’s strongly worded admonition highlighted another full day of combative cross-examination involving the government’s star witness in the federal corruption trial of ex-Oakland Mayor Sheng Thao.

Chief District Judge Yvonne Gonzalez Rogers’ delivered a self-described “severe” and “harsh” directive to the witness, Mario Juarez, to avoid certain comments while on the stand. Her words on Tuesday punctuated the third full day of Juarez’s cross-examination in the case against Thao, her romantic partner Andre Jones and the father-son business duo of David and Andy Duong.

The quartet are accused of partnering with Juarez on an illicit gambit to lift Thao into the mayor’s office in 2022 and funnel thousands in bribes to Jones in exchange for broad influence within City Hall for the Duongs. That alleged access included handpicked appointments and staff hires directed by the family, along with millions of dollars in new and renewed city contracts for their companies. All four co-defendants have pleaded not guilty.

Here’s the latest developments on the case:

Who testified Tuesday?

Juarez took the stand for his fifth full day of questioning, three of those being on cross examination. A longtime East Bay political operator, Juarez entered into a deal with federal prosecutors that saw him plead guilty to a conspiracy charge and agree to testify on behalf of the government.

A stern admonition

A barbed remark by Juarez during testimony Tuesday morning prompted outrage from Thao’s attorney and a strongly worded rebuke from Gonzalez Rogers.

Under cross-examination, Juarez motioned to the defense table and suggested the defendants answer one of the questions posed to him. The exchange prompted Judge Gonzalez Rogers to immediately cut off Juarez, before reminding the jury that defendants had a right to remain silent and to not to testify on their own behalf.

Later, outside the presence of the jury, Thao’s attorney told Gonzalez Rogers that he reserved the right to file a motion for mistrial as a result of Juarez’s statement. The judge replied that, “You have made your record, and I am making my record, that I believe there is absolutely no way the jury will not follow my instruction.”

Before the jury returned, the judge directly addressed Juarez.

“It is problematic for you to in any way, shape or form suggest that any of the defendants need to testify,” Gonzalez Rogers said. “Now I’ve got to clean up that mess. Because you somehow suggested implicitly for lawyers to ask the defendants the answer to the questions in front of the jury.”

“Not appropriate, do you understand me?” the judge added. “The government bears the burden. The complete burden. No one else.”

The exchange came amid hours of cross-examination Tuesday — mostly by Jones’ attorney — that repeatedly turned contentious.

Juarez, as has been his habit throughout his 13 hours of cross-examination, repeatedly gave non-sequitur or run-on answers, drawing the ire of both defense attorneys and the judge.

 

The issue has become so pronounced in recent days that Gonzalez Rogers began Tuesday’s testimony by instructing Juarez that yes-or-no questions only required a one-word response. She also warned Juarez that she’d cut him off if he started to ramble on — a vow that took mere minutes for the judge to fulfill.

Juarez also spent much of the day sparring with Jones’ attorney. At one moment, Halbert held up her hand to Juarez, urging him to stop a run-on reply.

Seconds later, Juarez could be seen holding up his hand exaggeratingly mimicking her, before smirking and looking over at the jury.

Text draws scrutiny

Halbert’s attorney spent a portion of her hourslong cross-examination Tuesday on reams of texts obtained by federal investigators, including a particular March 2023 text sent by Juarez to Andy Duong.

In the exchange, Juarez expressed his frustration that Jones, who is Black, had directly approached David Duong asking for more money — a move that broke communications guidelines established by the group to limit their liability. Juarez punctuated his displeasure with the situation by sending a text reading “stupid black s—“.

Jones’s attorney confronted Juarez about the message Tuesday, asking who he was referencing in the message.

“You’re talking about Andre Jones?” Halbert asked.

“On this one, I am,” Juarez said.

“And when you’re angry, you think it’s appropriate to mention his race?” Halbert later asked.

“In this instance, I made that comment,” Juarez said.

What’s next

Juarez is expected to resume being cross-examined Thursday, after a one-day break in proceedings for the federal Veterans Day holiday.

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