Ernest Dykes, whose appeal of his sentence sparked the review, would be released in June 2025 and serve two years on parole if the motion is granted by the court, Price said. Dykes, 51, was convicted of killing his Oakland landlord’s 9-year-old grandson and attempting to kill the landlord during a robbery. He was sentenced to death in 1995.
Price has requested Keith Thomas, 51, to be resentenced to 23 years to life. He would become eligible for parole. Thomas was convicted of participating in the 1992 kidnapping, rape and murder of Francia Young, 25, as she walked home from the MacArthur BART Station in Oakland. Price said Thomas was 19 when he committed the crimes.
In addition to misconduct in jury selection, the DA’s initial review found that former Alameda County prosecutor James Anderson used racist imagery and stereotypes in an opening statement to Thomas’ trial. California passed the Racial Justice for All Act in 2021, which retroactively made racism by prosecutors and other justice system actors illegal. Anderson retired in 2016.
“When prosecutors or courts discriminate in jury selection, it is well settled in our laws that not only are you violating the rights of the defendants, but you are violating the rights of victims to a fair trial,” Price said. “You are violating the rights of jurors and community members to participate in our jury system.”
Price struck a somber note when acknowledging the impact resentencing may have on the families of victims.
“I want to take this moment on behalf of the Alameda County District Attorney’s office to apologize to the surviving family members of Miss Francia Young,” Price said.
Price said her deputies did not find misconduct in jury selection in the 1993 death penalty trial of Gregory Tate, who was convicted of killing Sarah LaChapelle. But because of the “sentencing structure” of Tate’s case, she is asking for him to be resentenced to life in prison without parole.
Price said the review revealed several missing files. Of the 56 Alameda trials that led to death sentences since 1978, Price said 40 are missing jury selection documents. Nancy O’Malley served as the Alameda County DA from 2009–23. Tom Orloff preceded her.
“This indicates once the practice was exposed of excluding Blacks and Jewish members of our community from the jurors, that there may well have been an effort to sanitize the files,” Price said. “We intend to look into that, hopefully with the assistance of the California Attorney General’s office.”
In a statement, the Prosecutors Alliance of California, a nonprofit organization that advocates for sentencing reform, applauded the requests for resentencing.
“When prosecutors commit misconduct, they violate their obligation to victims and survivors and undermine the integrity of cases, which puts public safety at risk and erodes trust in the criminal legal system,” Cristine Soto DeBerry, executive director of the Prosecutors Alliance, said.
