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Nancy O’Malley recall, Alameda County, California (2021)

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Alameda County District Attorney recall
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Officeholders
Nancy O'Malley
Recall status
Did not go to a vote
See also
Recall overview
Political recall efforts, 2021
Recalls in California
California recall laws
County official recalls
Recall reports

An effort to recall Nancy O'Malley from her position as the Alameda County District Attorney in California did not go to a vote in 2021. The recall effort started in May 2021, after O'Malley announced that the District Attorney's Office would not prosecute Anthony Pirone, a Bay Area Rapid Transit (BART) police officer who knelt on Oscar Grant III, a Black man, prior to his death on January 1, 2009. Grant was shot by BART police Officer Johannes Mehserle. Mehserle was later convicted of involuntary manslaughter.[1]

A 2009 report of the incident was released to the public a decade later. In it, the report's authors said, "Officer Pirone's overly aggressive and unreasonable actions and conduct in violation of policy and acceptable standards contributed substantially to the escalation of the hostile and volatile atmosphere during the course of the incident."[1]

Grant's family asked O'Malley to reopen the case against Pirone after the report was released. If she had reopened it, the charge would have had to have been premeditated murder as the statute of limitations for lesser charges, such as murder, had run out, according to the Pleasanton Weekly. The District Attorney's Office said there was no evidence of premeditation.[1]

O'Malley was first appointed to the office in September 2009, and she went on to win re-election in 2010, 2014, and 2018.[2] In the 2018 primary, she won re-election outright, defeating one opponent with 57.8% of the vote. She announced on May 18, 2021, that she would not seek re-election in 2022.[1]

Recall supporters

The recall was started by the Justice 4 Oscar Grant Coalition. Members of the coalition said they believed O'Malley was unfit for office. They also said they did not want her to retire with her benefits or to endorse a successor.[1]

Grant's mother, Rev. Wanda Johnson, said, "O'Malley does not deserve to be considered for the office of District Attorney, having demonstrated her willingness to disregard the law and morality when it comes to the police killing of black people [...] There is a mountain of evidence to prove this case of felony murder, but O’Malley has refused to put that evidence before a jury."[1]

California Attorney General Rob Bonta (D), state Sen. Nancy Skinner (D), Alameda County Board of Supervisors President Keith Carson, Oakland Mayor Libby Schaaf, the Oakland City Council, the Oakland Police Commission, and the BART board ​called on O'Malley to file charges against Pirone.[1]

Recall opponents

In a statement about its decision to not reopen a case against Pirone, the Alameda County District Attorney's Office said, "While Pirone's overly aggressive conduct contributed to the chaotic nature of what transpired on the BART platform [...] there was no evidence that Pirone knew in advance that Mehserle was going to shoot Mr. Grant."[1]

O’Malley announced she would not run for re-election in 2022. She also pledged that she would not appoint a successor for the office.[3]

Path to the ballot

See also: Laws governing recall in California

Recall supporters filed a notice of intent to recall O’Malley with the Alameda County Elections Office.[4]

See also

External links

Footnotes