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Posted: 04/20/2012 07:27:13 PM PDT - Updated: 04/24/2012 01:04:32 AM PDT
A high-profile Oakland police sergeant, whose investigation of the Chauncey Bailey homicide was widely criticized, has been accused of sexual harassment and assault by a female officer who alleges that when she rejected his advances she was "denied backup and cover" by other officers in street situations. Sgt. Derwin Longmire, 48, is also accused in the suit, filed by Officer Helene Schmitt, of carrying on "an on-duty sexual relationship" with two other female subordinates and rewarding them with preferential treatment, such as allowing them to sometimes "have their hair done" in San Francisco when they were supposed to be on duty in Oakland.
Schmitt claims that Longmire "would place his body against (Schmitt's), forcing her into unwelcome physical embraces, repeatedly kissing and attempting to kiss (her) on the lips and elsewhere," the suit, filed in Alameda County Superior Court on March 29, alleges. The alleged accused behavior started in May 2010. When Schmitt resisted Longmire's advances, he "began a systematic course of retaliation" against her, by limiting her work hours and opportunities for overtime assignments. The suit also alleges that Longmire had unspecified "safety equipment" of Schmitt's "disabled" and denied her backup and cover from other officers. In addition, the suit also claims that Longmire once accused Schmitt of "being a mole," or spy, for department commanders he claimed were "trying to get rid of" him.
"Officer Schmitt is not a mole for the Oakland Police Department," her attorney said in a telephone interview on Friday. He said Schmitt's claim about Longmire creating "a hostile work environment" had already been found true by the department, but he did not know if the officer had been disciplined. Schmitt's attorney said on Friday that he did not name the other officers who allegedly carried on affairs with Longmire because he believes that they're also victims of sexual harassment and may pursue legal action themselves.
Longmire (pictured left) who once headed the police intelligence unit, was assigned to investigate Bailey's murder despite deep-rooted suspicions that he was a bakery sympathizer, if not a member, according to legal documents. When Bey IV went uncharged for more than a year and police records showed Longmire failed to follow up on evidence pointing to him, then-Mayor Ron Dellums asked the state justice department to investigate. State investigators concluded in 2009 that Longmire "intentionally compromised' the Bailey investigation. But the department eventually was forced to drop efforts to fire him, claiming the investigation was rushed to meet a statute of limitations and was not complete. Longmire, who denied any affiliation with the bakery, returned to work in the patrol division as a supervisor. A subsequent investigation of 10 homicide cases that he had conducted found that he had made errors in each of them, including sloppy work and not turning in evidence for processing. He served a short, unpaid suspension.
In 2010, Longmire filed a federal lawsuit against the department and Chief Howard Jordan claiming that he was a victim of discrimination because of false beliefs that he was a Black Muslim and an affiliate of Your Black Muslim Bakery, whose leader, Yusuf Bey IV, was convicted of ordering the killing of Bailey, editor of the Oakland Post, in 2007. A judge dismissed the suit last year. Longmire has a suit containing similar allegations against the department and Jordan pending in state court.
Longmire declined to comment on the allegations Friday afternoon and referred questions to his attorney who did not return messages. The city is also named as a defendant. A spokesman for the city attorney's office declined to discuss the matter or make lawyers available for interviews. The department also declined to comment on "pending litigation." But spokeswoman Johnna Watson said, "The Oakland Police Department takes all allegations against our employees seriously."
Posted: December 1, 2011
Updated: 09:52 AM PST - DEC 05, 2011
CASSVILLE, Mo. — A jury convicted Southwest City police Officer Brian Massa of manslaughter Thursday in the shooting death of Bobby Stacy and recommended that he serve three years in prison. Involuntary manslaughter in the first degree carries up to seven years in prison in Missouri. Jurors deliberated a little more than two hours at the conclusion of a four-day trial before finding Massa, 35, guilty of first-degree involuntary manslaughter. They could have opted to convict the defendant of a lesser offense, but they agreed with prosecutors that Massa acted recklessly when he fired four shots into the fleeing 26-year-old Arkansas man’s vehicle on March 28, 2010.
During the sentencing phase of the trial, jurors decided that Massa should serve three years for the crime. Circuit Judge Tim Perigo set a sentencing hearing for Jan. 6, 2012. “We’re very pleased with the verdict,” said Larry Stacy, the victim’s father. He expressed gratitude for the work of the jury and David Hansen, the assistant state attorney general who prosecuted the case. “I think justice was served,” he said.
The family of Bobby Stacy (pictured above, left) attended each day of the trial in the company of an attorney and a private investigator from Tulsa, Okla. The attorney said she anticipates filing a wrongful-death lawsuit soon on behalf of the family. Bobby Stacy suffered a single gunshot wound to the head and died at a Tulsa hospital the day after the shooting. The fatal shot from Massa’s .45-caliber handgun entered Stacy’s skull just above and behind the right ear, with fragments coming to rest in the brain near the front of the skull, according to the testimony of the forensic pathologist who performed an autopsy.
Evidence presented at the trial included videos retrieved from a dashboard camera in Massa’s patrol car and from a camera he was wearing on his uniform. Massa (pictured below, right) maintained that Stacy tried to run him down with the Chevrolet Suburban he was driving after the vehicle spun into a ditch during a pursuit east of Southwest City. The Suburban did scrape the patrol car as Stacy was driving back out of the ditch. But a Missouri State Highway Patrol investigator found that the four bullets fired at Stacy by Massa traveled from the back to the front of the Suburban as it was passing or had already passed the officer in the roadway. Massa chose not to testify on his own behalf during the guilt-or-innocence phase of the trial, but he took the witness stand in the sentencing phase, asking jurors to consider the hardship incarceration would present his family as a father of three children. Hansen used the opportunity to cross-examine Massa about a previous conviction for misuse of official information while he was working as a dispatcher in McDonald County in 2008. He had been fined $350 for the misdemeanor offense, which did not stop Southwest City from hiring him as a police officer.
Posted: 04/30/2011 04:50:03 PM PDT
"I shot Mr. Lippitt because he was African American."
-- Anthony Pacherille, pleading guilty to attempted murder.
Story of Murder! Chauncey Bailey Murder Trial! A Story of Murder!
(Left to right: Antoine Mackey, Yusuf Bey IV, Devaughndre Broussard)
June 8, 2011
Update: Guilty on eight (8) of nine (9) counts!
No Press Restrictions!
Posted: 04/11/2011 12:07:09 PM PDT
Updated: 04/11/2011 13:07:23 PM PDT
OAKLAND, CA -- A defense attorney on Monday asked the judge to ban jurors in the Chauncey Bailey murder trial from reading newspapers or using the Internet for the duration of the trial after the media reported that a journalist had received a death threat while reporting a story related to Your Black Muslim Bakery. The defense attorney, who is representing co-defendant Antoine Mackey, made the request as trial resumed Monday. Articles about the threat were published Saturday on the front page of local news publications, including the Oakland's newspaper.
Judge Thomas Reardon asked jurors if they had read any news stories over the weekend about the telephone threat made to the reporter. By a show of hands, jurors indicated they had not read the articles. Reardon denied the attorney's request, saying he did not want to make such an order. But the judge again cautioned jurors to avoid any news coverage about the case or anything related to Your Black Muslim Bakery.
Bakery leader Yusuf Bey IV and Mackey, a bakery member, are facing triple-murder charges, which includes the murder of the editor of the Oakland Post, and two other men in summer 2007. Bey IV is charged with ordering the killings; he allegedly wanted Bailey dead to stop him from writing a news story about the bakery's financial troubles. Mackey is accused of helping carry out Bailey's death and that of another man, as well as with the shooting death of a third Testimony in the trial continues Monday, with Prosecutor Melissa Krum directing follow-up questions to Devaughndre Broussard, Bailey's confessed killer and the prosecution's main witness against the men.
The trial is expected to continue through June.
April 9, 2011
OAKLAND — Testimony in the Chauncey Bailey murder trial was postponed Thursday morning because prosecutor Melissa Krum was ill. Trial is scheduled to resume Monday morning before Alameda County Superior Court Judge Thomas Reardon; the trial is not held on Fridays.
When court resumes, the defense attorney for Mackey is expected to continue questioning Bailey’s confessed killer, Devaughndre Broussard. The defense attorney, who represents co-defendant Antoine Mackey in the triple-murder case, was in the midst of an intense questioning of Broussard when court ended Wednesday. Mackey and Your Black Muslim Bakery leader Yusuf Bey IV are being tried together on charges connected to the deaths of Bailey, editor of the Oakland Post, and two other men in summer 2007.
Broussard is prosecutor Krum’s star witness in the case. The trial is expected to last until June or longer. Two days of testimony were canceled last week because an alternate juror fell ill.
Killer v. Truth!
Posted: 04/06/2011 01:22:16 PM PDT
Updated: 04/07/2011 11:26:39 AM PDT
OAKLAND -- Admitted killer Devaughndre Broussard is lying about Your Black Muslim Bakery member Antoine Mackey's alleged role in three murders to protect another man he considers his cousin, Mackey's lawyer contended Wednesday. Broussard claimed Bey IV and Mackey bragged about killing a third man, Michael Wills. Broussard has pleaded guilty to two counts of voluntary manslaughter and is to be sentenced to 25 years in exchange for his cooperation. Mackey's attorney ended an afternoon of cross-examining Broussard in the Chauncey Bailey murder trial by repeatedly asking Broussard if a man named Richard Lewis -- not Mackey, as Broussard claims -- helped him kill Bailey and another man, Odell Roberson, in summer 2007.
In early testimony, Broussard said he and Mackey had become close friends in summer 2007 when they lived together in a bakery housing unit. Mackey, wearing a blue dress shirt, sat staring at Broussard as his attorney, with voice raised, repeatedly asked the 23-year-old if he was lying to protect Lewis. Broussard repeatedly denied protecting Lewis, a fellow San Franciscan and bakery member who he has testified was like an older cousin to him. Lewis was convicted last year of kidnap and torture in another case involving the bakery and sentenced to a life term with no parole.
Defense Attorney: "Didn't you falsely fabricate a story that Mackey was your accomplice in the murder of Chauncey Bailey?"
Defense Attorney:"Wasn't Richard Lewis the person who drove you to the scene of the Bailey shooting?"
While Broussard said he wasn't protecting Lewis in any of the killings, he did admit lying to investigators in 2009 to keep them for learning Lewis' bakery nickname, "Kia." Prosecutor Christopher Lamiero, who was also investigating the kidnapping and torture case in which Lewis was eventually convicted, asked Broussard about the name in a recorded interview. Broussard said then he didn't know anything about Lewis having such a name. Wednesday, he admitted lying to Lamiero.
Mackey's attorney also accused Broussard of lying about Mackey's alleged role in the Roberson killing, and asked if another bakery member, Tamon Halfin, was involved. Broussard denied the claim. Halfin is awaiting trial in the same kidnapping and torture case in which Lewis was convicted. Bey IV is also awaiting trial in that case.
"The evidence in the case will show that Mr. Mackey is not guilty," his attorney said outside court a few minutes later. Mackey is being tried alongside Yusuf Bey IV in the triple-murder case. Broussard, the prosecution's key witness, has said Bey IV ordered him to kill Bailey, editor of the Oakland Post, and Roberson, and that Mackey helped him commit those slayings. Bey IV and Mackey, both 25, have pleaded not guilty.
Can't Remember "to Kill"!
Posted: 04/05/2011 11:31:15 AM PDT
Updated: 04/05/2011 06:00:22 PM PDT
OAKLAND -- Admitted killer Devaughndre Broussard said under cross-examination Tuesday that he couldn't remember if former Your Black Muslim Bakery leader Yusuf Bey IV used the word "kill" in ordering a homeless man shot to death in 2007. Broussard also said he couldn't remember when and where Bey IV told him to slay the man, Odell Roberson, who was shot dead two blocks from the bakery on July 8, 2007. When Bey IV's lawyer asked Broussard if Bey IV expressly used the word "kill" to order the alleged hit, Broussard answered, "I couldn't say." Outside court, Bey's lawyer said Broussard's story that Bey IV ordered Roberson killed because he was related to a man who killed Bey IV's older brother in 2005 wasn't holding up. "It's hazy," he said. Broussard's details of shooting Roberson make sense, the lawyer said, but his inability to tell a clear story about an order from Bey IV show "it was much more likely an independent act."
Speaking outside Alameda County Superior Court Judge Thomas Reardon's courtroom after questioning Broussard for more than two hours, Bey's attorney said, "It is inconceivable to me that (Bey IV) would instruct him to commit a murder." Broussard's answers came as the attorney continued the cross examination he began Monday afternoon, aiming directly at the confessed killer's credibility. Broussard has testified he killed the journalist Chauncey Bailey and Roberson in summer 2007 on Bey IV's order and that another bakery member, Antoine Mackey, helped him commit the murders. Broussard also testified that Bey IV and Mackey bragged about killing another man, Michael Wills.
Bey IV and Mackey, both 25, are being tried together in the triple-murder trial. They have pleaded not guilty.
Broussard said Bey IV told him to kill Bailey to stop the journalist from publishing a story about the bakery's finances in the Oakland Post, where Bailey was editor. Bailey was gunned down on his way to work on Aug. 2, 2007.
Bailey's brother, Errol Cooley, who watched the morning testimony, said it was obvious that Bey's attorney "is trying to trip up" Broussard, who sometimes takes a long pause before answering questions. Both defense attorneys have said the case comes down to Broussard's credibility, calling him a calculating liar. Under questioning from prosecutor Melissa Krum that ended Monday, the 23-year-old Broussard said he had told numerous lies to try and escape a life sentence on charges he killed Bailey, then decided to cooperate with authorities.
Bey's attorney also asked questions Tuesday morning that seemed designed to paint Broussard as someone willing to confront and challenge Bey IV, not a willing dupe who blindly followed orders. "You never had a problem standing up to Mr. Bey, did you?" he asked. "No," Broussard said. Broussard twice left the bakery in 2007 in what he said was frustration over being paid only sporadically, but returned each time. Bey's attorney continued cross examination, which is expected to take most or all of Tuesday's afternoon's court session.
Posted: 04/04/2011 11:24:40 AM PDT
Updated: 04/05/2011 05:13:02 AM PDT
OAKLAND -- Journalist Chauncey Bailey's confessed killer told jurors Monday he turned against his friends and cooperated with authorities because he was hurt and felt abandoned following his arrest for the shooting, saying, "No one came to holler at me." "They broke the contract we had," Devaughndre Broussard said of former Your Black Muslim Bakery leader Yusuf Bey IV and bakery member Antoine Mackey. Broussard is the prosecution's key witness against the men, who are facing triple-murder charges in connection with Bailey's death and those of two other men. Monday was the third long day on the stand for Broussard, who will receive a 25-year sentence in exchange for his cooperation. His wide-ranging testimony included a description of shooting Bailey and culminated in an aggressive cross-examination by Bey IV's court-appointed lawyer.
Also Monday, a juror was dismissed from the trial, which led Mackey's lawyer to ask again that the case be moved out of Alameda County. The dismissed juror, a maintenance worker at a San Leandro hospital, recently discovered that one of Bey IV's half-brothers is a patient there and he had direct contact with the sibling. The attorney who represents Mackey, said once the juror learned of the family connection, he became "worried and anxious." The man feared that if the jury came back with a guilty verdict, there could be "reprisals," he said, adding that the judge in the case should infer there are similar thoughts "in the minds of every juror." But Alameda County Superior Court Judge Thomas Reardon said direct contact between a juror and a member of the large Bey family -- Bey IV has more than 40 full and half siblings -- "is unlikely to occur again."
Defense attorneys had earlier tried to have the trial moved from Alameda County, citing extensive pretrial publicity. Much of the case hinges on Broussard, who has confessed to shooting Bailey and another man, Odell Roberson, and said Bey IV ordered both hits. Mackey is accused of helping in those two deaths, and with killing a third man, Michael Wills, also allegedly at Bey IV's order. Bey IV and Mackey, both 25, have pleaded not guilty; they face life in prison without the possibility of parole if convicted.
In morning testimony, Broussard described how he killed Bailey on Aug. 2, 2007. He said he shot him twice with a shotgun, started to run away, then returned to stand over the dying 57-year-old journalist to fire a third shot into his face. Broussard also testified how police used Bey IV to help give what he now says was a flawed confession; Broussard first told police he acted alone when he killed Bailey.
Prosecutor Melissa Krum ended her questioning by asking Broussard why he decided to turn against Bey IV, his former religious leader, and Mackey, a close friend. Broussard said it was partly to get a plea deal, and partly because he was angry over how they treated him after his arrest. "I felt like, man, I was let down. No one came to holler at me. No one said to tell me, 'What's up.' I got let down by Bey IV and Mackey," he said, adding that he came to the realization that Bey IV "brought all this (expletive) down on us."
Bey IV's lawyer began his cross examination by asking Broussard, "So it's everybody else's fault?" Broussard said no, and in response to another question, said, "I take responsibility for what I did." Under defense attorney questioning, Broussard admitting lying to police numerous times about the killing and changing his story repeatedly. The defense played an unedited tape of Broussard's fall 2008 interview with the CBS News show "60 Minutes," in which he denied killing Bailey. Broussard said the interview was arranged by his lawyer who he said told him to lie his way through the interview "to muddy the waters."
Monday's proceedings were difficult for Bailey's family, several of whom have attended the trial since it began March 21. Bailey's brother, Errol Cooley, said Broussard described the killing "like he was shooting at a dog. It was devastating." Still, Cooley said, he thinks Broussard "was a pawn" in his brother's death and that the family strongly supports attempts "to get the main person" prosecutors say is responsible for the death -- Bey IV. Broussard is expected to take the stand again Tuesday for additional cross-examination from defense attorneys.
Failure to Appear!
Posted: 03/31/2011 02:30:35 PM PDT
Updated: 04/01/2011 05:57:59 AM PDT
Police arrested former Your Black Muslim Bakery leader Yusuf Bey IV's brother-in-law Thursday for failing to appear as subpoenaed earlier this week to testify in Bey IV's murder trial. Oakland Police said they stopped and arrested Saleem Bey, 47, on a no-bail bench warrant late Thursday morning soon after he drove away from his Dimond district home. Officers said he seemed surprised but offered no resistance. He was taken to North County Jail in Oakland and is scheduled to appear before Alameda County Superior Court Judge Thomas Reardon on Friday.
Saleem Bey has told prosecutors he was the confidential source providing information about the bakery's financial problems and Bey IV's mismanagement to Oakland Post Editor Chauncey Bailey in 2007. Prosecutors say Bey IV was incensed at Bailey's past coverage of his father, bakery founder Yusuf Bey, as well as this new investigation, and so ordered bakery handyman Devaughndre Broussard to kill Bailey with three shotgun blasts as he walked to work in downtown Oakland on the morning of Aug. 2, 2007.
Bey IV, 25, and bakery associate Antoine Mackey, 25, are now on trial for murder in connection with Bailey's death, as well as the 2007 slaying deaths of Odell Roberson and Michael Wills. Broussard, 23, began testifying last week, but the case was delayed this week due to an alternate juror's illness; testimony is expected to resume Monday. A copy of the minute order issuing the bench warrant for Saleem Bey's arrest wasn't available Thursday because courts were closed in observance of Cesar Chavez Day.
Born Darren Keith Wright, Ali Saleem Bey has said he adopted the Bey name in the mid-1990s after already having worked at Your Black Muslim Bakery for several years. He's not a blood relative of bakery patriarch Yusuf Bey but is married to one of his daughters, Salma Bey -- one of Yusuf Bey IV's half-sisters. Broussard told a grand jury in 2009 that Bey IV was livid that Saleem Bey was talking with Bailey and wanted him dead as well, but he didn't want to incur his older sister's wrath.
Saleem Bey was back in the news a few weeks ago as the head of a prominent North Richmond social services agency acknowledged having relinquished $175,000 meant to develop an "Eco-Academy" in the beleaguered community, saying she was forced to turn away the funds after Bey threatened her with an "organized attack" if she refused to hire him to oversee the grants. Barbara Becnel, executive director of the Neighborhood House of North Richmond, described the threat in a letter to Richmond City Manager Bill Lindsay. Bey and several of his supporters acknowledge pressuring Becnel with a threat to picket and boycott her agency but deny any threat of violence.
Posted: 03/29/2011 10:55:51 AM PDT
Updated: 03/29/2011 05:27:59 PM PDT
To certain members of Your Black Muslim Bakery, murder was a laughing matter, a confessed bakery hit man said Monday.
Devaughndre Broussard chuckled in the trial of bakery leader Yusuf Bey IV and another member of the group as he recalled how one victim tried to run away before Broussard emptied an assault rifle at him.
Bey and the other member, Antoine Mackey, made fun of how another victim's leg flew up in the air when he was riddled with rounds from a rifle, Broussard said.
In between the chilling details of those two slayings, Broussard testified for the first time about the shooting death of Chauncey Bailey, whom Bey allegedly ordered killed to prevent the Oakland journalist from writing about the black empowerment group's financial collapse.
Bey told Broussard to learn where Bailey lived and "find out his routine," Broussard told the jury in Alameda County Superior Court in Oakland. "He wanted us to take him out before he wrote that article."
Asked by Deputy District Attorney Melissa Krum what that meant, Broussard replied, "Kill him." It was Broussard's second day on the witness stand in the murder trial. He has confessed to being the gunman who killed Bailey with three shotgun blasts on Aug. 2, 2007, as the Oakland Post editor was walking to work at 14th and Alice streets in downtown Oakland. Bey ordered up another slaying less than a month before Bailey's death, telling Broussard to kill Odell Roberson, 31, the uncle of the man who shot and killed Bey's brother, Broussard said. He said Bey had initially wanted him to kill the father of Alfonza Phillips, who shot and killed Antar Bey during a botched carjacking in 2005.
Bey "wanted him whacked because his son killed his brother," Broussard said, adding that Bey believed in "an eye for an eye." But after Broussard reported that he and Mackey couldn't find the elder Phillips, Bey told him to kill Roberson, a "dope fiend" and transient who lived on the streets of Oakland near the now-defunct bakery, Broussard testified.
"Take him out when you get the chance, because it seems like we can't get his pops," Broussard said Bey (pictured above, center) told him. Broussard, 23, burst into laughter on the stand when he recounted how Roberson had tried to run away when he leveled an SKS assault rifle at him. He said he had fired the rifle "until the clip was empty," about eight to 10 rounds. Broussard pleaded guilty to two counts of voluntary manslaughter in exchange for a 25-year sentence and a promise to testify against Bey and Mackey, both 25, in their murder trial.
Mackey is accused of killing a third victim, 36-year-old Michael Wills, in July 2007. Bey, who is accused of ordering the killing, boasted about "getting" a white "devil," Broussard said. Mackey and Bey made fun of how Wills' leg flew up after he was shot, with both men shouting, "It's good!" while raising their arms straight up, simulating a field goal, Broussard testified.
Posted: 03/29/2011 10:55:51 AM PDT
Updated: 03/29/2011 05:27:59 PM PDT
OAKLAND -- The life history of the man who confessed to killing journalist Chauncey Bailey won't be used as evidence to explain his behavior and willingness to join the former Your Black Muslim Bakery, a judge ruled Tuesday. Prosecutor Melissa Krum argued that Devaughndre Broussard's background growing up in institutions and in foster care while his mother served prison terms was relevant to show he was susceptible to following former bakery leader Yusuf Bey IV and carrying out his alleged orders to kill people. Judge Thomas Reardon denied the request. "I'm not sure the relevance is anything more than marginal," he said. His decision came after the triple-murder trial of Bey IV and bakery member Antoine Mackey was delayed until Monday after an alternate juror fell ill. Court is closed Thursday for Cesar Chavez Day and the trial is not conducted Fridays.
Broussard has pleaded guilty to killing Oakland Post Editor Bailey and another man, Odell Roberson, and has said Bey IV ordered the slayings. Mackey is charged with helping Broussard in those killings and also with killing a third man, Michael Wills.
When the trial resumes, Broussard is expected to describe how he killed Bailey the morning of Aug. 2, 2007. Broussard will be sentenced to 25 years in exchange for his testimony.
In a motion before the judge after the delay was announced, Krum said she wanted to question Broussard about his life for 10 or 15 minutes to show how he "bounced around" institutions during his childhood, developed a severe stutter and came to seek what the bakery offered people with few other options in life. The bakery, founded by Bey IV's father, was known as a black empowerment organization in Oakland.
Defense lawyers for Bey IV and Mackey (pictured left) said the proposed testimony was unfair to their clients. "It will generate tremendous sympathy toward (Broussard) as a witness and give a stature to him," Sirbu told Reardon. "Why he went to the bakery seems irrelevant. He is a hapless individual. One can easily see why he went to the bakery." Reardon said his decision also limits the amount of documentation the defense will receive concerning Broussard's juvenile history in courts and institutions. After debating the matter with Reardon, who is reviewing those records, Mackey's attorney agreed to accept a limited number of documents showing when Broussard was untruthful or deceptive to authorities. He wants such records to attack Broussard's credibility. He described Broussard as a serial liar while looking for further evidence.
Krum did win a second motion: Reardon agreed that she could show jurors a videotape of bakery followers performing a militarylike drill as Bey IV commanded them. The members in the 2007 video include Broussard and Mackey. Krum said the video showed Bey IV giving orders and others following them. Broussard has testified that performing such drills was central to the bakery's culture. Mackey's attorney raised a vigorous counter argument. "It's very prejudicial," he said. "It has inherent shock value. There's a threat that gets you viscerally when you see that drilling." Reardon agreed with Krum, saying, "It seems to me to be the heart of the case. (Bey IV) didn't shoot anyone dead, but he (allegedly) ordered others to do so."
Posted: 03/24/2011 06:21:55 PM PDT
Updated: 03/25/2011 11:30:55 AM PDT
OAKLAND, CA -- Devaughndre Broussard (pictured left) the admitted killer of Oakland Post Editor Chauncey Bailey, struggled through testimony Thursday against former Your Black Muslim Bakery leader Yusuf Bey IV (pictured below, center) the man he says ordered him to commit two slayings. Thursday was the first of what is expected to be at least a week of testimony from Broussard, and it focused on how he came to join the bakery, as well as the inner workings of the once-prominent black empowerment organization under Bey IV's leadership. Broussard first entered Judge Thomas Reardon's crowded courtroom at 11:39 a.m. wearing shackles and a red jail jumpsuit. He passed in front of the defense table where Bey IV and co-defendant Antoine Mackey sat staring at him intently; he didn't meet their eyes. Bey IV wore a tan suit and a bow tie -- the symbol of the Black Muslim movement that Broussard said he joined in 2006. Broussard told jurors that his motivation from the start of joining the bakery in 2006 was because Bey IV bragged openly to him and others that he was capable of helping his followers obtain high credit scores and acquire loans through fraudulent means.
The 23-year-old Broussard struggled through his testimony throughout the day, and minutes after taking the stand, was asking for questions to be repeated, and seemed to find it difficult to formulate answers. Reardon frequently jumped in, trying to clarify and simplify Krum's questions. Sometimes struggling for words, sometimes laughing, Broussard labored through the answers.
When Krum asked him the color of a Cadillac owned by another bakery member, he burst into laughter before saying, "Yellow." Krum asked him what was funny. "I am thinking of a yellow Cadillac," he replied. "That's why I am laughing." Other times he told Krum he didn't understand her questions or that he didn't know the right words to articulate answers. When she asked him why men unrelated to each other called each other brothers at the bakery, he struggled. "I can't find the words to answer the question," he said.
He also told Krum that Bey IV defined being at the bakery as "more than a job." When she asked for details, he said Bey IV would order his followers to "do stuff you couldn't ask other people to do. Whatever would come to his mind." Did Broussard mean committing crimes, Krum asked. "I may have to be more direct," Broussard said. "I don't say the word crimes. That's the way I talk."
During morning testimony, Broussard said Richard Lewis, a close family friend who was in a San Francisco jail with him, had also spent time with Bey IV when Bey IV was awaiting bail in a vehicular assault case. Broussard was due to be discharged the next day, and Lewis asked him his plans. "Probably going back and hanging out in the streets," Broussard said he replied. Lewis, though, offered Broussard an alternative: joining the ranks of so-called soldiers working for Bey IV at his bakery in Oakland. Lewis said Bey IV needed "people he could depend on," Broussard told a jury of seven women and five men. When Krum next asked him "what agenda (Bey IV) had," Broussard said, "I am not understanding."
Later, he described how Bey IV chased prostitutes from the area around the bakery on San Pablo Avenue by firing an assault rifle into the air. The women ran away, he said. Broussard also testified that he broke bakery rules by using drugs while living and working there. He didn't say what kind.
During afternoon testimony, Broussard described participating in a 2006 shooting of an unoccupied car with other members of Your Black Muslim Bakery. Prosecutor Melissa Krum contends that shooting illustrates the bakery's command structure: Bey IV issued orders to others to commit crimes on his behalf. Broussard described being in a room at the bakery when Bey IV's half brother, Yusuf Bey V, came to him, gave him a pistol-grip shotgun and told him Bey IV wanted a car shot to bits. The car belonged to a man with whom the Bey brothers had a dispute.
"I fired it until it was empty "... five or six times," Broussard said of the shotgun. He would later use it, Broussard told a grand jury in 2009, to kill Bailey, also on Bey IV's order. He also said that he later asked Bey IV why he ordered the shooting and became "lightweight upset" upon learning the reason. "We shot up a car over something that had to do with (the woman's) personal life" and that bothered him "because of the risk I took." When he asked Bey IV about it, he said the leader replied, "We got to stick up for our brothers and sisters. That's what we do."
Broussard is the prosecution's star witness in the case against Bey IV and Mackey. The men are facing triple-murder charges in connection with Bailey's death and the unrelated deaths of two other men, Odell Roberson and Michael Wills, in summer 2007. Bey IV and Mackey, both 25, have pleaded not guilty; they face life in prison without parole if convicted. Broussard has pleaded guilty to shooting Bailey and Roberson and is to be sentenced to 25 years in prison for agreeing to testify.
The attorney who negotiated Broussard's plea bargain two years ago watched from the front row. "That's just him," the attorney said outside of court about Broussard's labored answers. "He's a little bit meticulous." He said Broussard told his family to stay away from court Thursday because he feared for their safety. "He thought they might be in danger," the attorney said of Broussard's stepfather and half sister, who had wanted to attend.
"He is a liar, that's my opinion -- he is an admitted liar," Bey's attorney added. The lawyer said his client, Bey IV, is "more than disappointed, he's outraged" at Broussard's plea deal and testimony. He also said Bey IV "never wanted to be CEO of the bakery." He reluctantly took the job after his elder brother's killing and lacked the business experience and maturity to make it work, he said. As for the bow tie Bey IV wore, his attorney said, "There's no significance to that -- it was the one tie that matched his suit." Broussard's testimony is expected to continue Monday in Alameda County Superior Court.
Posted: 03/24/2011 10:59:05 AM PDT
Updated: 03/24/2011 11:11:54 AM PDT
OAKLAND, CA -- Jurors in the Chauncey Bailey murder trial flinched -- and some looked away -- Thursday morning when shown an autopsy photo of a large shotgun would to the victim's face. Prosecutor Melissa Krum displayed the photo on a large screen as the forensic pathologist who performed the autopsy, Dr. Thomas Rogers, described the wound. One juror, a bald man in glasses, grimaced noticeably.
Defendants Yusuf Bey IV and Antoine Mackey glanced at the photo and then looked away. It showed what Rogers described as an eight-inch wound to Bailey's face that impacted "face bones, brain, skull, teeth." Krum asked Rogers the condition of Bailey's left eye. "It was basically destroyed," Rogers replied.
The man who has admitted firing a 12-gauge shotgun at Bailey's face as he lay dying of two other wounds, Devaughndre Broussard, is expected to take the stand later Thursday morning. He has admitted to killing Bailey, the editor of the Oakland Post, at Bey IV's alleged order and told the grand jury in 2009 that Mackey helped him carry out the hit. Lawyers for Bey IV and Mackey asked Rogers no questions.
Check back for updates to this report.
Posted: 03/23/2011 11:31:49 AM PDT
Updated: 03/23/2011 11:41:52 AM PDT
OAKLAND -- A police officer is testifying this morning in the murder trial of journalist Chauncey Bailey that he seized two loaded, sawed-off shotguns from the bedrooms of key players in the case. One, a 12 gauge Remington, was under a bed in defendant Antoine Mackey's bedroom, the officer, Bruce Christensen of the Oakland Police Department, told jurors. The other, a 12-gauge Mossberg, was found outside a bedroom window. Bailey's confessed killer, Devaughndre Broussard, told a grand jury that was the murder weapon. It was loaded with five rounds, Christensen said. The officer also testified he recovered more than a dozen rifle bullets from Broussard's bedrooms.
Mackey and Your Black Muslim Bakery leader Yusuf Bey IV are charged facing murder charges in connection with Bailey's death on Aug. 2, 2007, and those of two other men in summer 2007. They have pleaded not guilty. Bailey, the editor of the Oakland Post, was working on a story about financial troubles at the bakery when he was killed. Prosecutor Melissa Krum told jurors in her opening statement that evidence will show that firearms and ammunition were pervasive in the bakery compound.
Posted: 03/21/2011 11:52:47 AM PDT
Updated: 03/21/2011 03:20:26 PM PDT
OAKLAND, CA -- A spent shotgun shell fired from the gun used to kill journalist Chauncey Bailey in 2007 and matching one left at the scene of his killing was found the bedroom of former Your Black Muslim Bakery leader Yusuf Bey IV the next day, a prosecutor said Monday. Deputy District Attorney Melissa Krum made the revelation to jurors about an hour into her opening statement in the triple murder trial of Bey IV and co-defendant Antoine Mackey. Krum said buckshot from the spent shell was fired into Bailey's head by his confessed killer, Devaughndre Broussard. The shell matched the brand and shot load found next to Bailey's body, she said. The shell was found on the floor of Bey IV's bedroom on the second floor of the former bakery when police raided it the day after Bailey (pictured below, center) was killed, she said.
Krum's opening statement is expected to take the rest of the afternoon and carry over to Tuesday morning.
(Left to right: Antoine Mackey, Yusuf Bey IV, Devaughndre Broussard.) Bey IV and Mackey, a bakery member, are facing murder charges in connection with the Aug. 2, 2007, shooting death of Bailey, a Bay Area journalist, and two other men in unrelated shootings. Bailey, 57, was killed on 14th Street not far from Lake Merritt on his way to work at the Oakland Post. Prosecutors allege Bey IV ordered the killing to stop Bailey from writing a story about financial and internal strife at the bakery, and that Mackey helped carry the slaying out.
Bey IV and Mackey are on trial for Bailey's death and the unrelated killings of two other men, Odell Roberson and Michael Wills, in summer 2007. Bey IV is charged with ordering the slayings; Mackey is charged with killing Wills and helping in the slayings of Bailey and Roberson. Bey IV and Mackey, both 25, watched impassively as Krum showed jurors diagrams and photographs -- including some of the victims' wounds -- on a large screen television. Much of the case is based on the grand jury testimony and confession of former bakery member Devaughndre Broussard, who said he killed Bailey and Roberson on Bey IV's order. Bey IV's motive in having Bailey killed, she said, was to stop him from writing about the bakery's financial troubles in the Oakland Post, where Bailey was editor. She also said Bey IV blamed Bailey -- then working for the an Oakland newspaper -- for the death of his father, Yusuf Bey, who was facing child-rape charges when he died from cancer in 2003.
Bey IV even showed Broussard and others a video of his father's funeral, which Bailey attended, stopping the tape to point out the journalist and say,' "That's the (expletive) that killed my dad, "' Krum said. A tape of Yusuf Bey's funeral was found in a VCR in Bey IV's bedroom, Krum said. Krum said Broussard, 23, will testify that Bey IV claimed stress from Bailey's reporting on the rape case quickened Yusuf Bey's demise. Broussard is expected to be on the stand for a week or more. As part of a plea deal, Broussard has pleaded guilty to killing Bailey and Roberson and agreed to testify in exchange for a 25-year sentence. Broussard also told a grand jury that Mackey bragged about killing Wills, also at Bey IV's order.
Krum told jurors they would also see secretly recorded police videotape of Bey IV made in an unrelated case three days after Bailey's killing. On it, Bey IV laughs about Bailey's murder, brags that he told police Broussard committed the killing and says the murder weapon -- a 12 gauge Mossberg, which Krum twice showed jurors -- was in the bakery leader's room shortly after the killing.
Bey IV and Mackey, both 25, have pleaded not guilty to the charges.
Movie Intermission! Under Heavy Fire!
Under Heavy Fire aka Going Back: A group of Marines return to Vietnam with a news crew to relive their tragic war experiences.
Starring: Casper Van Dien, Carre Otis, Jaimz Woolvett, Bobby Hosea, Joseph Griffin, Kenny Johnson - From the director of "Boys in Company C" and in the tradition of "Platoon" and "Apocalypse Now" comes a hard-fought drama about Echo Company, one of the hardest hit American units of the Vietnam War. Kathleen Martin, a TV journalist, is assigned on location to Vietnam to cover the reunion of Echo Company as they revisit old battlefields. Kathleens documentary gets off to a rocky start when it is revealed that Captain Ramsey (played by Casper Van Dien) was accused of providing wrong bombing coordinates, causing the deaths of his own men. The drama unfolds as we learn what happened that fateful day.
Written by: Sidney J. Furie, Greg Mellott
Directed by: Sidney J. Furie