Recently, it was revealed that Alameda County Sergeant James Russell and Lieutenant Timothy Schellenberg were caught on video discussing illegal audio monitoring of a youth and his lawyer discussing his case. It can be inferred from the conversation that this may be a regular practice at the Sheriff’s office. Recording a defendant and their lawyer is a violation of the 4th, 5th and 6th amendments, as well as CA Penal Code 632, which is an offense punishable by up to 3 years in prison.

Unfortunately, this isn’t the first time Alameda County Sheriff’s Office (ACSO) have spied on a defendant as they spoke with their lawyer. It also happened back in 2012. But now, Alameda County community members stand ready to protect our youth and all those whose rights are being stripped by the criminal legal system. The Sheriff’s office should be held accountable as no one is above the law.  

Felony charges have been filed against one sergeant, which is a good start but certainly not enough. This is just the tip of the iceberg for a department riddled with problems and constant allegations of the violation of people’s rights. We call on Alameda County’s District Attorney Nancy O’Malley to conduct a thorough investigation of this matter and pursue the appropriate criminal charges against the Sheriff’s Deputies who have broken the law.

We demand that the District Attorney Nancy O’Malley do the following:

1. PROSECUTE Sergeant James Russell on the four counts of felony eavesdropping to the fullest extent of the law. No slap on the wrist.

2. INVESTIGATE the Alameda County Sheriff’s Office to determine the extent of this egregious violation of the United States Constitution, make public the results of the investigation, and file felony charges against Lt. Tim Schellenberg for his complicity, as well as all other officers involved in the recording of these constitutionally protected conversations.  

The DA’s office should establish a commission to investigate the seemingly widespread violations of constitutional rights of our community by the Sheriff’s office immediately and pursue the appropriate criminal charges. This commission should have representation from community based and civil rights organizations.

3. RECUSE itself, if the Alameda County District Attorney’s Office is unwilling or unable to thoroughly investigate this widespread practice, and request that the California Attorney General’s Office investigate and charge any additional sheriff’s office personnel found to be in violation.