According to the East Bay Times, Judge Maier deemed the nature of the text messages to be so offensive that they could provoke more racial hostility. However, she ruled that the texts should not be kept confidential.
The surfacing of the messages could also affect the outcome of active criminal cases. Evan Kuluk, deputy public defender with the Alternate Defender Office in Contra Costa County, is representing one of four co-defendants charged with homicide in an allegedly gang-related shooting that took place in March of 2021.
“Based on Judge Maier’s ruling Friday, we know that the lead investigating detective, as well as the detective who was presented at preliminary hearing as the gang expert, are both involved in sending these texts,” said Kuluk.
He said the officers’ texts were sent in the course of a wiretap operation during which officers listened in on the defendant’s calls.
Kuluk says that if an officer uses racist language or exhibits racist behavior toward a defendant, “it is pretty much uncontroverted that this would be a violation of the California Racial Justice Act. It seems clear from what we have learned that these text messages will show exactly that racial animus towards the defendants in this case.”
The California Racial Justice Act — passed in 2020 and expanded in 2022 — prohibits racism in criminal prosecutions and sentencing. If a case is found to involve violations of the act, judges can downgrade criminal charges or dismiss them entirely. According to Kuluk, in his case, “it’s not so much a question of whether the Racial Justice Act has been violated, but what remedy the judge will determine is appropriate.”
When asked about the prospect of a federal monitor overseeing the Antioch Police Department, Thorpe said, “At this point, I don’t know how we avoid federal oversight, just given where we are at right now.”