Defense attacks credibility of key witness Mario Juarez in former Oakland Mayor Sheng Thao trial
OAKLAND, Calif. (KGO) -- An attorney for David Duong, founder of California Waste Solutions and a defendant in the Sheng Thao bribery and corruption trial, spent much of Thursday challenging the credibility of the prosecution's key witness, Mario Juarez, during testimony in federal court in Oakland.
Juarez has already pleaded guilty to conspiracy to commit bribery of a public official and testified that his plea agreement requires him to tell the truth on the witness stand in hopes of receiving a lighter sentence.
Throughout the day, defense attorney Ed Swanson repeatedly questioned Juarez's truthfulness and attacked his testimony.
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The defense focused on tensions between the Duongs and Juarez, their business partner, particularly over efforts to persuade Oakland to purchase container homes for homeless residents from their company, Evolutionary Homes.
According to testimony, the proposal involved up to $3 million in cash payments and commissions to former Oakland Mayor Sheng Thao and her boyfriend.
The defense played a recording in which Juarez described his frustration with Thao.
"You know, I think I was disappointed that she promised something and she is not keeping it, and she's doing it that way. So for me, it's a personal issue with her now," Juarez said.
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The defense also presented evidence showing repeated demands from the Duongs for an accounting of the $750,000 they provided to launch the company.
On the stand, Juarez acknowledged keeping about $200,000 of that money.
Former federal corruption prosecutor Wilson Leung said defense attorneys often seek to undermine a witness's credibility, even when they cannot expose a major contradiction.
"Ideally, you would have some Perry Mason moment where you catch the person in a lie or something dramatically inconsistent, the aha moment," Leung said.
"But they're incredibly rare. So, the next best outcome is to create an impression. On the jury, that the person is defensive, guarded, and otherwise unlikable."
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During cross-examination, Juarez admitted bouncing checks to Butterfly Printers, a minority-owned business that produced an attack mailer supporting Thao's mayoral campaign.
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He also acknowledged surrendering his real estate license after inflating a tenant's security deposit and keeping the difference of $14,000.
Juarez further admitted keeping a woman's $44,000 check that should have been used to pay off her home loan.
"Yes, Mr. Juarez has a lot of issues," Leung said. "He's admitted to crimes of his own, both related to the charged crimes and also past misconduct."
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At several points during the proceedings, Swanson and Juarez raised their voices while sparring over questions and answers.
The trial is scheduled to resume Monday.
