Jury Delivers Double Guilty Verdict Against David Misch for the Murders of Jennifer Duey and Michelle Xavier

Misch Faces 50 Years to Live in Prison December 20, 2024 Oakland, CA – Today, Chief Assistant District Attorney Royl Roberts announced that a jury found David Misch (63) guilty of one count of first-degree murder for killing Jennifer Duey and one count of first-degree murder for killing Michelle Xavier. The naked bodies of both women were found in a remote area in the City of Fremont on February 2, 1986. The evidence presented at the trial showed that DNA found under Jennifer Duey’s nails in 2001 belonged to Mr. Misch. In 2003, while serving a life sentence for a murder he committed in December of 1989, Mr. Misch claimed to Fremont Police that he had seen the two young women being kidnapped at gunpoint and tried to save them. This was his explanation for the presence of his DNA in this case. Also presented…

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Alameda County District Attorney’s Office Dismissed Involuntary Manslaughter Charge Against City of Alameda Police Officer for the Death Mario Gonzalez 

Expert on Cause of Death Gives Inconsistent Statements Under Penalty of Perjury  December 20, 2024  Oakland, CA – Today, prosecutors assigned to the Alameda County District Attorney’s Office Public Accountability Unit (PAU) dismissed the criminal case against City of Alameda Police Department Officer Eric McKinley— he had been charged with involuntary manslaughter for the April 19, 2021, death of Mario Gonzalez. Officers Eric McKinley, James Fisher, and Cameron Leahy were detaining Mr. Gonzalez in response to a public disturbance call, when he died as he lay face-down on the ground in handcuffs. The court previously dismissed the cases against Officers James Fisher and Cameron Leahy, leaving Officer Eric McKinley to face prosecution alone.   The decision to dismiss the involuntary manslaughter charge against Officer McKinley was the direct result of inconsistent statements made under penalty of perjury by Dr. Bennett Omalu. Dr. Omalu was the forensic…

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