Jurors in the federal corruption trial of former Oakland Mayor Sheng Thao heard secret recordings on Wednesday, Oct. 28, NBC Bay Area reports, after the government's witness Cecilia Mendez took the stand under a court order. The day before, the defense had spent a fifth day cross-examining the FBI case agent.
Why Mendez was compelled to testify
KQED reports that U.S. District Chief Judge Yvonne Gonzalez Rogers signed an order on Tuesday requiring Mendez to testify after her attorney said she planned to invoke her Fifth Amendment right against self-incrimination. Under the statutory immunity and compulsion order sought by prosecutors, what she says on the stand cannot be used against her in a future state or federal criminal case. Mendez worked for Evolutionary Homes, the housing startup Mario Juarez founded with the Duongs, and is Juarez's one-time romantic partner. According to prosecutors, she recorded the company's board meetings without the other participants' knowledge, which is illegal under California law.
What the jury heard
Jurors heard about 40 minutes of audio from board meetings held at California Waste Solutions, the company owned by co-defendants David and Andy Duong, NBC Bay Area reports. On the recordings, Juarez complains to the Duongs that the mayor was not following through on a promise to buy modular housing units from Evolutionary Homes. "I think it's disappointing she's not keeping promises," Juarez said. "Will be problem for her re-election." The recordings also mentioned Thao's longtime partner and co-defendant Andre Jones asking the company for more money.
The case
Prosecutors allege the Duongs helped Thao get elected and that, in exchange, she promised to buy housing units from the company, extend California Waste Solutions' recycling contract with the city and arrange pay for Jones, which KQED describes as a $300,000 no-show job at Evolutionary Homes. Thao, Jones and the Duongs face conspiracy, bribery and fraud charges. Juarez has pleaded guilty and is expected to testify for the government in exchange for a lighter sentence.
Cross-examination
On the stand, Mendez acknowledged a 2019 conviction for acting as a real estate agent without a license, grand theft and ID theft, and testified that she received immunity on Tuesday, NBC Bay Area reports. Under questioning by David Duong's attorney, she said she and Juarez share a daughter and stayed close business partners after they separated as a couple in 2005. The defense is trying to undercut the credibility of both Mendez and Juarez. KQED reports that former Oakland Assistant City Administrator LaTonda Simmons and former City Administrator Jestin Johnson are expected to testify after Mendez.
