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No Charges Against Cop Whose Conduct Led to Oscar Grant’s Death

According to the New York Times, O’Malley released a report saying that Pirone, who was removed from the BART police force in 2010, will not be charged because he neither killed Grant nor aided and abetted Johannes Mehserle, who was convicted of manslaughter in a Southern California court in 2010.

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Oscar Grant Mural at Fruitvale BART station

The family of Oscar Grant was disappointed with the decision by the Alameda County District Attorney’s Office to decline to press charges against the former transit police officer whose conduct led to Grant’s shooting death on New Year’s Day in 2009.

Nancy O’Malley, who had agreed to review the conduct of officer Anthony Pirone in October and perhaps file charges against him, made the announcement on Tuesday morning in response to pressure brought by the Grant family last month.

According to the New York Times, O’Malley released a report saying that Pirone, who was removed from the BART police force in 2010, will not be charged because he neither killed Grant nor aided and abetted Johannes Mehserle, who was convicted of manslaughter in a Southern California court in 2010.

“Although Pirone’s conduct was aggressive, utterly unprofessional, and disgraceful, it did not rise to the mental state required for murder,” O’Malley said in a statement.

It was Pirone who responded to a fight on a BART train carrying passengers from New Year’s Eve celebrations. Bystanders recorded the encounter using their cell phones and witnesses also described Pirone’s encounter with Grant. Pirone pulled Grant from the train violently, struck him for no reason and was heard using racial epithets while kneeling on Grant’s neck as Grant lay face down.

Once Grant was able to place his hands behind his back, Mehserle shot him and claimed the shooting was an accident having intended to use his Taser to restrain an already cooperating Grant who died a few hours later. His death set off mass protests in Oakland.

“In view of everything we have considered — and reconsidered — we conclude that we cannot prove Pirone guilty beyond a reasonable doubt,” O’Malley said. “We condemn Pirone’s conduct but we cannot charge him with murder or any other crime.”

The family of Oscar Grant had hoped for justice because the report about Pirone had recently been released after nearly 10 years.

That report placed much of the blame for Grant’s death on the “actions of Officer Pirone,” which “started a cascade of events that ultimately led to the shooting of Grant.”

“In view of everything we have considered — and reconsidered — we conclude that we cannot prove Pirone guilty beyond a reasonable doubt,” O’Malley said. “We condemn Pirone’s conduct but we cannot charge him with murder or any other crime.”

A misdemeanor charge of assault under the color of authority was also ruled out now because the statute of limitations had expired.

Oscar Grant’s mother, Rev. Wanda Johnson, and other family members had hoped for a different outcome, given the revelations of the report. “My son laid on the cold concrete with that Officer Pirone’s knee on his neck,” she said. “My son’s head was smashed against the wall and he was kicked and he was pushed. Pirone still walks around free today.”

BART board members and Oakland City Council members also did not take the news well, condemning O’Malley’s decision and calling upon her to reconsider.

“I want to be clear that Nancy O’Malley has failed, yet again, to do her job,” Simon said at a Tuesday morning news conference. “And that job was to ensure equal justice under the law.”

Simon, Bevan Dufty, Janice Li and Rebecca Saltzman planned to urge the full BART board to file a resolution urging O’Malley to charge Pirone.

“The D.A. could have a change of mind and the BART board should go on record that there cannot be justice until Mr. Pirone is held accountable for his violence and creating the chaos that led to Oscar Grant’s murder,” Dufty said.

District 6 Councilmember Loren Taylor planned to introduce a resolution calling on O’Malley to charge Pirone. It was co-sponsored by City Council President Nikki Fortunato Bas, and councilmembers Carroll Fife and Treva Reid.

Grant’s family will also continue to pressure O’Malley who did agree to a meeting next week.

“We will leave no stone unturned,” said Grant family attorney Charles Bonner. “We will go to the state Attorney General and we will also go to the federal justice department to seek federal criminal prosecution for civil rights violations, and we ultimately will go to the voters if Nancy O’Malley does not do the right thing.”

The Root, New York Times, Bay Area News, Bay City News, Associated Press, KTVU-News and Miami Herald were sources for this report.

Activism

ESSAY: Technology and Medicine, a Primary Care Point of View 

The COVID-19 pandemic, for example, restricted millions of people to their homes, which required reliance on the internet for communication and information.  Personal internet searches became essential to understanding information about COVID, human physiology, symptoms, and keeping up with vaccine updates.  However, this increase in independent online research resulted in people accessing more misinformation circulating on the internet. This posed a challenge for medical providers trying to treat patients according to research-based guidelines.  With so much information within reach, it was difficult for providers to help their patients distinguish between legitimate evidence-based sources and opinion, speculation, and fabrication.    

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Dr. Adia Scrubb Photo provided by California Black Media..
Dr. Adia Scrubb Photo provided by California Black Media..

Dr. Adia Scrubb
Special to California Black Media Partners

Technology has enhanced communication between medical professionals and patients; improved patient care management; and eased access to care and information, benefiting both patients and medical clinicians.

However, despite the ease and many conveniences these patient care improvements have ushered in, adequate patient care still includes physician supervision, examinations, and interaction, which present challenges for keeping up with demands on the healthcare system and accurate patient education.

Technology has made more educational resources available at our fingertips, and it has created independence for those who want to know more about their bodies.

The COVID-19 pandemic, for example, restricted millions of people to their homes, which required reliance on the internet for communication and information.  Personal internet searches became essential to understanding information about COVID, human physiology, symptoms, and keeping up with vaccine updates.  However, this increase in independent online research resulted in people accessing more misinformation circulating on the internet. This posed a challenge for medical providers trying to treat patients according to research-based guidelines.  With so much information within reach, it was difficult for providers to help their patients distinguish between legitimate evidence-based sources and opinion, speculation, and fabrication.

Nowadays, patients continuously arm themselves with medical information and challenge clinicians with the research they gather from internet sources to advocate for themselves and their care.  This often leaves medical professionals with the complex task of navigating challenging discussions, pointing patients to validated and verified medical information, and following evidence-based medical guidelines for treatment.

Reviewing information before an appointment can certainly make an office visit much more productive, but it is essential to acknowledge the possible bias and limitations of internet searches.  Consideration of the author, source, and date of the information may help determine its validity.

Furthermore, simply asking medical professionals for their preferred patient information resources will direct patients to safe and validated information that is in line with standards of care practices.  This can help patients better understand the recommendations from their doctors and streamline their internet searches.

Access to individual online medical record information, such as blood tests, MRI reports, and office visit notes, has been a significant expansion of technology in medicine. This digitization of medical information enables and positions patients to take a leading role in managing their care.  What used to be multiple sheets of paper in a large file folder is now a click away at any time.  Despite these benefits, instant access can be overwhelming for both patients and medical providers, especially since patients, in many instances, can receive their test results online before the physician has had the opportunity to review them.

Patients may review the office visit notes or their lab results out of context or misinterpret information, which can lead to anxiety, confusion, and fear.  Clinicians are put in a difficult position when they are not able to suddenly break away from their scheduled office visits to reassure an unscheduled patient about their results and next steps.

Medical providers have tools to assist with identifying sensitive results that need urgent review, and efforts are made to notify anxious patients as soon as possible.  However, a patient can be proactive in scheduling a follow-up visit ahead of time to review results with their provider specifically.  This can help patients avoid the stress of suddenly trying to get a hold of their doctor when dealing with unclear or concerning results.  Normal test results often don’t require explanation, but allowing several days for your provider to work through hundreds of test results before sending messages requesting clarification will help medical professionals prioritize their responses to test results based on medical urgency.

Technological improvements such as online messaging and video/telephone appointments have made access to care much easier both for patients and clinicians.  Telephone and video visits have been especially beneficial for patients who are elderly, disabled, or do not have access to transportation.  However, the increase — and ease of — access has created much higher demand for physician time both during and outside of the office visit.  Test results, patient messages, insurance forms, emails, and medication requests are all pouring in while providers conduct their daily scheduled appointments.  Thus, very little time is left in the day for a clinician to respond to every email, fill out every form, and review every lab result when they are responsible for 1,800 or more patients.

This situation, unfortunately, creates a perceived delay in response in a culture where an instant response is expected from messaging and phone calls.  But the reality is that the medical provider is constantly playing catch up to thousands of inquiries due to the around-the-clock online access patients now have.

Patients can make the most of their experience and their physician’s time by taking the time to learn their physician’s communication preferences.  Despite the multiple modalities of access (telephone, email, video, in-person), a medical provider will have a preferred method of communication with their patients.  Some may ask their patients to make an appointment to explain a complex topic, instead of responding to multiple messages. Others may prefer to communicate via phone call if they have to deliver bad news.

There will likely be more medical providers who prefer to communicate only through email or video appointments as remote work becomes more common. If a patient’s communication preferences align with their physician’s preferences, it will create a stronger patient-doctor relationship and foster more effective and impactful communication.

The expansion of technology in medicine has fostered better collaboration, communication, and education between patients and their medical professionals.  Combining electronic resources with rapport, mutual respect, and trust for providers will help patients navigate this new landscape of healthcare.

About the Author   

Dr. Adia Scrubb, MD, MPP, is a Board-Certified Family Medicine Physician currently practicing in Solano County. 

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Activism

S.F. Businesswomen Honor Trailblazers at 44th Annual Sojourner Truth Awards and Scholarship Luncheon

This year’s well-deserved award recipients were women who graciously and continuously have served and empowered the Bayview community and beyond.

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Carletta Jackson-Lane, 21st Western District governor of the National Association of the Business and Professional Women’s Club, Inc. sits with honoree Carol E. Tatum the 2025 Sojourner Truth Award recipient of the NAB&PW, Inc. Photo courtesy of Sheryl Smith.
Carletta Jackson-Lane, 21st Western District governor of the National Association of the Business and Professional Women’s Club, Inc. sits with honoree Carol E. Tatum the 2025 Sojourner Truth Award recipient of the NAB&PW, Inc. Photo courtesy of Sheryl Smith.

By Rev. Dr.  Rochelle Frazier
Special to The Post

On Saturday, April 19, the San Francisco Business and Professional Women’s Club (SFBPWC) held its sold-out 44th Annual Sojourner Truth Awards and Scholarship Luncheon at the Southeast Community Center at 1550 Evans Ave. in San Francisco.

The luncheon’s theme was “Moving Forward with a Purpose: From Trailblazers to Game Changers.”

This year’s well-deserved award recipients were women who graciously and continuously have served and empowered the Bayview community and beyond.

Carol Evora Tatum received the National Sojourner Truth Meritorious Service Award for her decades of leadership and dedicated community service.

Brittany Doyle, founder and CEO of WISE Health SF, was honored as the Businesswoman of the Year because of her insightful and innovative business acumen regarding community-centered health programs.

La Shon A. Walker was recognized as the Professional Woman of the Year for her community empowerment and leadership work as the vice president of Community Affairs at FivePoint.

The luncheon also provides an opportunity to present scholarships to well-deserving students. The scholarship awardees were Jayana Harbor and Zari Moore, both graduating from Immaculate Conception Academy, and London Robinson, who is graduating from Raoul Wallenberg Traditional High School.

Harbor plans to attend Morgan State University in Baltimore, Maryland; Moore will attend Loyola University in New Orleans, and Robinson will attend Southern University and A&M College in Baton Rouge, Louisiana.

“The 44th Annual Sojourner Truth Awards and Scholarship Luncheon is more than a celebration,” said Cheryl Smith, president of SFBPWC. “It’s a tribute to the legacy of Black women who have paved the way and made a commitment to uplifting future generations. We are proud to honor extraordinary leaders in our community and invest in the bright minds who will carry us into the future.”

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Teachers’ Union Thanks Supt. Johnson-Trammell for Service to Schools and Community

“I speak for our Oakland community and the families OEA serves in thanking Supt. Johnson-Trammell for her service. With public schools and immigrant families under attack nationally from Trump and with budget challenges affecting many California school districts, these are tough times demanding the best of what we all have to offer,” said OEA President Kampala Taiz-Rancifer in a statement released Thursday.

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OEA President Kampala Taiz-Rancifer. Courtesy photo.
OEA President Kampala Taiz-Rancifer. Courtesy photo.

The union calls for a community-involvement in search for new superintendent

By Post Staff

While pointing out that Supt. Kayla Johnson-Trammell has been planning to resign for a while, the Oakland Education Association (OEA) thanked her for years of service to the schools and called for community involvement in the search for a new superintendent.

“I speak for our Oakland community and the families OEA serves in thanking Supt. Johnson-Trammell for her service. With public schools and immigrant families under attack nationally from Trump and with budget challenges affecting many California school districts, these are tough times demanding the best of what we all have to offer,” said OEA President Kampala Taiz-Rancifer in a statement released Thursday.

“While we disagreed strongly on a number of issues,” said Taiz-Rancifer, “Dr. Johnson-Trammell is a daughter of Oakland and a product of our public schools. We thank her for her service and wish her the best moving forward.”

She said the schools’ community was aware that the superintendent had been planning to leave well before this week’s announcement.

“The superintendent has spoken publicly throughout the year about her planned departure. In August 2024, the previous school board approved a renewed contract raising her compensation to over $600,000 per year and allowing her to step back from daily responsibilities beginning in the 2025-2026 school year,” said Taiz-Rancifer.

She said the teachers’ union has been raising concerns about the need for stability and financial transparency in the district.  “For three of the last four years, the district projected major deficits, only to end with millions in reserve.” This year, she said, the district added $90 million to central office overhead expenses.

“Just last month, a majority of school board directors took action to cap expensive consultant costs and develop alternative budget proposals that align spending with community priorities to keep funding in classrooms,” she said.

Taiz-Rancifer said the union stands behind the leadership of Board President Jennifer Brouhard and Boardmembers Valarie Bachelor, Rachel Latta, and VanCedric Williams.

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