Jurors in the federal bribery trial of former Oakland Mayor Sheng Thao will see a party video and hear secretly recorded phone calls that prosecutors say show how a local recycling family tried to buy influence at City Hall. The trial opens with jury selection on Tuesday, Oct. 13, at the federal courthouse on Clay Street in downtown Oakland.
Thao is charged alongside her partner, Andre Jones, and California Waste Solutions CEO David Duong and his son, Andy Duong. All four have pleaded not guilty. Prosecutors say the Duongs bribed Thao and Jones to help Evolutionary Homes, a company that turns shipping containers into housing for homeless residents, and their recycling business.
The evidence jurors will see
ABC7's I-Team reviewed exhibits the government plans to use. One is a video from a launch party for Evolutionary Homes, where co-founder Mario Juarez gives a toast about the money the partners hoped to make together. In a separate recording, according to court filings, Juarez talks about cash going to city officials after California Waste Solutions won an Oakland contract in 2015. Defense lawyers tried to keep the video out, but U.S. District Judge Yvonne Gonzalez Rogers ruled jurors can see it, along with several calls Andy Duong recorded.
Another exhibit is a 2019 conversation in which Thao, then a council member, tells Andy Duong she'd rather meet in a private room because "we don't really want to be seen with you guys," according to ABC7. Jurors are also expected to hear a January 2024 call in which Andy Duong invites Councilmember Kevin Jenkins on a private yacht outing and says he warned Thao to "start acting right" if she wanted another term.
A trial that hinges on one witness
Juarez is the government's star witness. He became an FBI informant after a falling-out with the Duongs and has pleaded guilty in the case, KQED reports. Defense lawyers are expected to argue he isn't believable. On the eve of trial, the judge turned down David Duong's request to make the government hand over Juarez's tax records, Courthouse News reported.
Defense lawyers also warned that many people in the 75-person jury pool have already seen news coverage of the case. The judge was skeptical that many would need to be excused. Eighteen jurors will be picked, nine to sit on the jury and nine as alternates. The trial is expected to last about six weeks, wrapping up around Thanksgiving, and it is open to the public.