Former Alameda County prosecutor working for SF DA could be disbarred after misdemeanor complaint
OAKLAND -- Former Alameda County prosecutor Amilcar "Butch" Ford, who currently works as a prosecutor for the San Francisco District Attorney's Office, may be disbarred following a misdemeanor complaint filed against him in Alameda County.
Ford on April 26 allegedly gave confidential information from the Alameda County District Attorney's Office to attorney Michael Rains, who is representing former San Leandro Police Officer Jason Fletcher in a voluntary manslaughter case.
Fletcher is accused of unlawfully killing Steven Taylor at a San Leandro Walmart store in 2020, following charges filed by then-Alameda County District Attorney Nancy O'Malley in September of that year. Taylor was allegedly shoplifting.
Ford also allegedly authored a declaration of support for Fletcher.
"It hurts everyone in our community when people who swear to uphold the law break it," said Alameda County District Attorney Pamela Price in a statement. "Butch Ford broke the public trust and betrayed our office and the people of Alameda County. Fortunately, no one is above the law. Where appropriate, we will hold people accountable."
But Ford asked Wednesday how revealing statements by a prosecutor that are contradictory to his ethical obligations can be confidential. That's what Ford did, he said.
Ford also denied authoring a declaration of support for Fletcher.
"I didn't write anything," Ford said.
He was asked to sign a declaration after he alleged retaliation and discrimination by Price's office, he said, and that declaration was given to the court.
Ford's alleged actions occurred when he was an employee of the Alameda County District Attorney's Office and allegedly violated the California Business and Professions Code, which lays out rules governing the behavior of professionals in certain industries.
Specifically, Ford allegedly violated section 6131(b), which says that a public prosecutor must not directly or indirectly advise or take part in a defendant's case if the prosecutor previously prosecuted or aided or promoted any action or proceeding in a court against the defendant.
Alameda County prosecutors said Ford in 2021 was assigned to manage the case against Fletcher as an employee of the Alameda County District Attorney's Office, which Ford denied. When the alleged assignment was made, Ford was head of the office's felony trial team.
Ford oversaw the Fletcher case for about 18 months and appeared in court on behalf of the District Attorney's Office at least once, according to Price's office.
Ford admitted being head of the felony trial team but said the law and motion team was overseeing the Fletcher case.
"I was never responsible for the case," Ford said.
Prosecutors also allege Ford "relayed the substance of private conversations he had with" another prosecutor "in January 2023 regarding the Fletcher case, including case strategy, attorney assignments, charging options, and other professional opinions about various aspects of the case."
Ford allegedly wrote down what was said in those private conversations and gave them to Rains, who used that information to try to disqualify the Alameda County District Attorney's Office from the Fletcher case. Rains filed the motion of disqualification on April 26, Price's office said.
Following that motion, Ford gave Rains the confidential information and the declaration of support, according to Price's office.
At least some of the information Rains received he did not get directly from Ford, Rains said. The substance of private conversations Rains got contained exculpatory information about the Fletcher case, and Ford had an ethical duty to disclose it, Rains said.
"That's why this charge is so ridiculous," Rains said.
Alameda County Superior Court Judge Thomas Reardon ruled on May 12 that the Alameda County District Attorney's Office will remain on the Fletcher case.
Rains is representing Ford in relation to his placement on administrative leave by Price's office, but not in regard to the misdemeanor complaint filed against Ford on Tuesday. Ford has not retained counsel in the misdemeanor case.
Ford has been openly critical of Price.
"Pam Price doesn't know what she is doing," Ford said Wednesday.
Ford said he cannot suffer any consequences for his actions because of California Labor Code 1102.5(a), which says that an employer cannot prevent an employee from disclosing information to a government or law enforcement agency or a public body conducting an investigation, hearing or inquiry "if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation."
Ford provided the disclosed information to the court, he said.
"It can't get any clearer," Ford said.
