The federal corruption trial of former Oakland Mayor Sheng Thao moved into its third week with defense attorneys working to undercut the testimony of FBI Special Agent Katherine Barclay, whose time on the stand was set to stretch into a fifth day on Tuesday, according to KQED.
Thao, her longtime partner Andre Jones, and David and Andy Duong of California Waste Solutions, Oakland's recycling contractor, are charged with bribery, conspiracy and fraud. Prosecutors allege a scheme to trade campaign support and a $300,000 bribe for favorable treatment of the Duongs' businesses. All four have pleaded not guilty.
What the defense is attacking
On Monday, Andy Duong's attorney questioned Barclay for a second day, NBC Bay Area reported. The defense argued that embedded data on some secret audio recordings shows dates that differ from when the conversations allegedly took place; prosecutors said resaving the files could explain the discrepancy.
The defense also targeted businessman Mario Juarez, a key government witness who has pleaded guilty and is expected to testify. Duong's lawyer suggested Juarez inflated the value of a Rolex watch he reported missing to police, and asked why the FBI did not interview eight other officials Juarez had referenced. Barclay said agents tried to interview one, who refused.
Duong's attorney argued there is no audio proof his client bribed Thao and no evidence the Duongs received the contracts prosecutors cite. Prosecutors counter that pursuing a "pay for access" deal is a crime even if it fell apart.
Recordings in evidence
KQED reported that Barclay identified voices in calls Andy Duong recorded with Thao, Councilmember Kevin Jenkins, Supervisor Nikki Fortunato Bas and others. Neither Jenkins nor Bas has been accused of wrongdoing. In a 2019 call, Thao, then a councilmember, discussed a confidential council conversation about the city's legal dispute with California Waste Solutions.
Because there are four defendants, each witness can be cross-examined four times. After jurors left Monday, the judge admonished defense lawyers for taking too long: "those jurors' eyes are glazing over," NBC Bay Area reported.