Defense attorneys for former Oakland Mayor Sheng Thao raised the possibility of a mistrial Tuesday after the government’s key witness gestured toward her and told the courtroom to ask her a question directly, ABC7 News reported.
Mario Juarez, in his fourth day of testimony, motioned toward Thao during cross-examination and blurted out, “She’s right there, ask her!” U.S. District Judge Yvonne Gonzalez Rogers criticized what she called his “gratuitous comments” and reminded the courtroom that “every defendant has a constitutional right not to testify.” During a recess, Thao’s attorney, Jeff Tsai, told the judge he reserved the right to file a motion for a mistrial, arguing that the admonition in front of jurors was not strong enough. NBC Bay Area reported that the defense is also asking for a stronger instruction telling jurors to disregard the comment, and that prosecutors had not yet had time to respond. No written mistrial motion had been filed in the accounts published Wednesday.
When court resumed, the judge again addressed Juarez, telling him, “Now I have to clean up your mess,” and warning him against further outbursts, ABC7 reported. Former federal prosecutor Wilson Leung, a legal analyst for the station, said even a vague hint at a defendant’s decision not to testify can be serious because the Fifth Amendment right against self-incrimination is “sacrosanct.”
Juarez has pleaded guilty to conspiracy and is testifying in hopes of a lighter sentence, NBC reported. He has described an arrangement in which the Duong family would funnel money to Thao through her then-romantic partner, Andre Jones — a “$300,000 no-show job” tied to the family’s container-home project, ABC7 said, citing his testimony. Prosecutors allege the Duongs, Juarez, Thao and Jones conspired to trade cash and campaign support for political favors and city business once Thao became mayor.
Jones’s attorney, Shawn Halbert, used the same cross-examination to attack that account, highlighting texts and photographs that she argued showed Jones taking part in meetings, including one in San Jose involving then-Supervisor Cindy Chavez, ABC7 reported. The defense also elicited that Juarez had asked the government for help obtaining an expedited visa for his fiancée, a request that was unsuccessful. NBC said Jones’s lawyer questioned Juarez’s finances, including government assistance and outstanding debts, and that an attorney for the Duongs suggested Juarez had pushed the Evolutionary Homes idea from the start. Juarez called it a joint effort. Cross-examination is set to continue Thursday in federal court in Oakland.