David Eyster
District Attorney 2010
Extensive Experience
THIS TUESDAY, NOVEMBER 2, 2010!
Learn more about David Eyster's professionalism and character by reading these examples of his work:
High Level Experience No Other Candidate Possesses: #1
California Department of Corrections vs. TRW, Inc.
Sacramento County Superior Court Docket Number 97AS00889
In 1994, the California Department of Corrections (CDC) put out a Request for Proposal (RFP) for a state-wide computer system to track prison inmates and their movements within prison housing and overall justice system, to automate intake and classification, and to automate the collection and monitoring of parole dates. After a competitive bidding process, CDC awarded a $40M contract to TRW to analyze, design, build, document and implement what was to be known as CMIS.
The analysis phase, which was the necessary foundation to the design phase, was completed in July 1995, and CDC paid $2M to TRW for its analysis work. By 1996, TRW was well into the design phase when CDC determined that TRW efforts were in serious trouble. TRW thereafter demanded additional fees, up to $100M over the original contract amount, to continue their effort.
Needing to safeguard its legal and financial position, CDC hired the law firm of Burger & Plavan to direct its legal interactions with TRW and, if necessary, to prepare for litigation. Famed attorney Trena Burger was CDC's lead outside counsel and Ms. Burger chose David Eyster to be "second chair" on her team. David Eyster was responsible for the forensic review of documents and supervised a review team of seven attorneys and paralegals. Eyster also served as a primary liaison between the trial team and CDC. Eyster attended monthly meetings to brief State agency and department heads, as well as representatives of the Governor's Office, on the ongoing legal status of the effort.
In February 1997, CDC sued TRW in Sacramento County Superior Court. Thereafter, Eyster was responsible for handling law and motion matters before former Federal Judge, Raul Ramirez, the appointed discovery referee. Eyster also prepared for and appeared at over 50 days of depositions that took place in Sacramento, Los Angeles, Boston, and Fairfax, Virginia. Eyster was also a part of the four attorney team that represented CDC in a marathon two-day mediation that occurred in San Francisco.
In May 1998, the law suit between TRW and CDC was settled. In a major win for the State, a judgment was entered ordering TRW to pay CDC $18M. TRW also relinquished to CDC any claim it had to hardware and software valued at an additional $22M.
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The analysis phase, which was the necessary foundation to the design phase, was completed in July 1995, and CDC paid $2M to TRW for its analysis work. By 1996, TRW was well into the design phase when CDC determined that TRW efforts were in serious trouble. TRW thereafter demanded additional fees, up to $100M over the original contract amount, to continue their effort.
| David Eyster was responsible for the forensic review of documents and supervised a review team of seven attorneys and paralegals. |
Needing to safeguard its legal and financial position, CDC hired the law firm of Burger & Plavan to direct its legal interactions with TRW and, if necessary, to prepare for litigation. Famed attorney Trena Burger was CDC's lead outside counsel and Ms. Burger chose David Eyster to be "second chair" on her team. David Eyster was responsible for the forensic review of documents and supervised a review team of seven attorneys and paralegals. Eyster also served as a primary liaison between the trial team and CDC. Eyster attended monthly meetings to brief State agency and department heads, as well as representatives of the Governor's Office, on the ongoing legal status of the effort.
In February 1997, CDC sued TRW in Sacramento County Superior Court. Thereafter, Eyster was responsible for handling law and motion matters before former Federal Judge, Raul Ramirez, the appointed discovery referee. Eyster also prepared for and appeared at over 50 days of depositions that took place in Sacramento, Los Angeles, Boston, and Fairfax, Virginia. Eyster was also a part of the four attorney team that represented CDC in a marathon two-day mediation that occurred in San Francisco.
In May 1998, the law suit between TRW and CDC was settled. In a major win for the State, a judgment was entered ordering TRW to pay CDC $18M. TRW also relinquished to CDC any claim it had to hardware and software valued at an additional $22M.
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High Level Experience No Other Candidate Possesses: #2
People v. Gerald Lester and Charles Diaz
Mendocino County Superior Court Document Number [various]
In October 1986, a family of four was brutally murdered in their home on the southern outskirts of Fort Bragg. The house was set afire to destroy evidence. The victims included the father, mother, a teen-age son, and a four-year old daughter. The father, a former Hell's Angel with the Vallejo Chapter, had moved his family to Fort Bragg after he terminated his association with the motorcycle club.
Approximately 8 years later, a break occurred in the stalled investigation. Prosecutor David Eyster, the Sheriff's lead investigator and two DEA agents traveled to Virginia to interview and evaluate a new witness. Eyster and investigators later made a second trip to Virginia as part of the investigation.
In early 1995, Eyster spent about two months evaluating available evidence to determine if a prosecution strategy could be formulated to prosecute the men believed responsible. Local law enforcement resources, as well as assistance from the DEA, FBI, the Vallejo Police Department, and additional agencies, were used by Eyster to help piece together a plan for prosecution.
In May 1995, Lester and Diaz, the former president and vice-president of the Vallejo Chapter of the Hell's Angels, were arrested by a law enforcement task force and charged by Eyster with the four murders.
Based on excellent investigation work by law enforcement, particularly Mendocino County Lt. Phil Pintaine, and using the "blueprint" for prosecution developed by Eyster, Lester and Diaz were eventually convicted by jury and both are currently serving life without the possibility of parole in the California prison system.
Click here to read the letter from the Attorney General's Office, dated June 16, 2004, that relates to this very difficult and highly complex case.
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Approximately 8 years later, a break occurred in the stalled investigation. Prosecutor David Eyster, the Sheriff's lead investigator and two DEA agents traveled to Virginia to interview and evaluate a new witness. Eyster and investigators later made a second trip to Virginia as part of the investigation.
| Local law enforcement resources ... were used by Eyster to help piece together a plan for prosecution. |
In May 1995, Lester and Diaz, the former president and vice-president of the Vallejo Chapter of the Hell's Angels, were arrested by a law enforcement task force and charged by Eyster with the four murders.
Based on excellent investigation work by law enforcement, particularly Mendocino County Lt. Phil Pintaine, and using the "blueprint" for prosecution developed by Eyster, Lester and Diaz were eventually convicted by jury and both are currently serving life without the possibility of parole in the California prison system.
Click here to read the letter from the Attorney General's Office, dated June 16, 2004, that relates to this very difficult and highly complex case.
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High Level Experience No Other Candidate Possesses: #3
People v. William Joseph "Bongo Bill" Newport
Mendocino County Superior Court Docket Number C12478
Court of Appeals Docket Number A074858 [unpublished opinion affirming conviction]
In 1994 the Village of Mendocino was being terrorized by an unknown arsonist who was setting various fires around town, including one especially dangerous fire of a hotel that forced guests to flee their rooms into the streets in the middle of the night. In response, the local community organized neighborhood watch patrols to have the citizens walk the streets at night to guard against fires and watch for possible suspects. In September 1994, a fire was started outside the Melting Pot store;
this fire spread up the walls of the business towards the upstairs apartments before being brought under control by the fire department. A second fire was reported 20 minutes later in the laundry area of the basement below the MacCallum House, located under the restaurant of the establishment where people were dining. Later, that same evening, close to midnight, a third fire was reported burning in a vacant lot. Finally, just before one in the morning, a fourth was reported in an abandoned historic structure one block from the MacCallum House. A volunteer with the citizens' watch group saw a man leaving the area of the vacant lot fire and detained the man. When eventually interviewed by law enforcement, the man first denied responsibility and, later, admitted the vacant lot fire. In a second interview, the man admitted setting the MacCallum House and Melting Pot fires.
As happened with most of the serious matters that took place on the coast, Eyster personally handled the prosecution of Newport. Eyster charged the man under the Three Strikes law and the matter eventually went to trial. At trial, the defense presented the testimony of two local psychiatrist who believed the defendant was not guilty by reason of insanity. Relying on aggressive cross-examination, Eyster was able to demonstrate through the testimony of the two defense experts that the defendant was not insane. As a result of Eyster's trial skills, Newport, a serial arsonist and with two prior violent felony convictions, was ultimately sentenced to 105 year to life in prison.
Needless to say, the fires in Mendocino came to end with the arrest of Newport and the successful citizens' watch group was disbanded.
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| Eyster personally handled the prosecution of Newport. |
As happened with most of the serious matters that took place on the coast, Eyster personally handled the prosecution of Newport. Eyster charged the man under the Three Strikes law and the matter eventually went to trial. At trial, the defense presented the testimony of two local psychiatrist who believed the defendant was not guilty by reason of insanity. Relying on aggressive cross-examination, Eyster was able to demonstrate through the testimony of the two defense experts that the defendant was not insane. As a result of Eyster's trial skills, Newport, a serial arsonist and with two prior violent felony convictions, was ultimately sentenced to 105 year to life in prison.
Needless to say, the fires in Mendocino came to end with the arrest of Newport and the successful citizens' watch group was disbanded.
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High Level Experience No Other Candidate Possesses: #4
People v. Bernard Charles DePaoli
Mendocino County Superior Court Docket Number C10736
Through an investigation conducted by law enforcement, under the guidance and with the assistance of David Eyster,
it was determined that the former elected District Attorney of Humboldt County, Bernie DePaoli, then in private practice, had embezzled settlement funds belonging to his client, a woman injured in an automobile accident.
Personally handling the prosecution of DePaoli, Eyster moved this matter quickly through the court process because an important witness suffered from inoperable brain cancer. At the request of Eyster, this witness went against her doctor's advice, traveled to Ukiah, and testifed against her former employer. Given the weight of the evidence pieced together by the prosecutor, the jury ultimately found DePaoli guilty on all counts. The disgraced attorney was thereafter sentenced to two years in prison.
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| Eyster moved this matter quickly through the court process |
Personally handling the prosecution of DePaoli, Eyster moved this matter quickly through the court process because an important witness suffered from inoperable brain cancer. At the request of Eyster, this witness went against her doctor's advice, traveled to Ukiah, and testifed against her former employer. Given the weight of the evidence pieced together by the prosecutor, the jury ultimately found DePaoli guilty on all counts. The disgraced attorney was thereafter sentenced to two years in prison.
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High Level Experience No Other Candidate Possesses: #5
People v. Phil Wilkins, Steve DePriest and Russell Frey
Mendocino County Superior Court Docket Number 6347-C
Acting in concert with one another, the defendants terrorized a young Auburn couple and their child for no apparent reason save for the thrill it apparently brought them. The defendants, as a group, attacked the male victim, beating and stabbing him. They then repeatedly sexually assaulted the woman. After hours of abuse, the defendants walked the man into the woods and ordered him to dig his own grave. Once at the grave site, however, the plan changed. The defendants decided to take the male victim to the hospital for medical assistance
and hold the woman hostage to ensure the man did not report the circumstances of his stab and beating wounds to the police. Once alone at the hospital, the man informed the hospital staff what happened and the police were called. An extensive manhunt ensued. Two days later, the woman was rescued and the defendants arrested.
Responsible for most of the serious and violent matters, Eyster handled this case. While the victims were originally afraid to testify against the threesome, Eyster developed a rapport with the victims and convinced them of the need to cooperate, which they did. Loaded for bear, the prosecution's case was readied for trial.
Just prior to trial, each defendant decided to forego trial and accepted Eyster's settlement proposal. DePriest was sentenced to 25 years in prison, Wilkins was sentenced to 20 years in prison, and Frey, the youngest and the purported leader of the group, received a 10-year sentence, but then committed suicide shortly after arriving at San Quentin.
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| Loaded for bear, the prosecution's case was readied for trial. |
Responsible for most of the serious and violent matters, Eyster handled this case. While the victims were originally afraid to testify against the threesome, Eyster developed a rapport with the victims and convinced them of the need to cooperate, which they did. Loaded for bear, the prosecution's case was readied for trial.
Just prior to trial, each defendant decided to forego trial and accepted Eyster's settlement proposal. DePriest was sentenced to 25 years in prison, Wilkins was sentenced to 20 years in prison, and Frey, the youngest and the purported leader of the group, received a 10-year sentence, but then committed suicide shortly after arriving at San Quentin.
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High Level Experience No Other Candidate Possesses: #6
People v. Darryl Tatman
Mendocino County Superior Court Docket Number C10465
Darryl Tatman, of Lincoln, California, was the skipper of a commercial fishing boat working the North Coast from Noyo Harbor in Fort Bragg. He was under the surveillance of Fish and Game wardens because they suspected his boat was harvesting
large numbers of abalone to be sold on the black market. When boarded and ultimately arrested, it was discovered that Tatman and his employed diver had hidden 21 bags of abalone meats -- taken from 196 abalone -- in various secret compartments on the boat.
Assigning the matter to himself, David Eyster concluded the misdemeanor poaching and over-limit laws were insufficient to adequately punish such a serious and gross violation of local natural resources. Eyster opted to charge Tatman as having committed a felony conspiracy to violate Fish and Game statutes. This was the first time such a legal strategy was employed in an abalone matter. At trial, the jury found Tatman guilty of conspiracy. Tatman was eventually sentenced to two years in prison, and his fishing boat was forfeited. That boat is still used by State marine biologists studying marine life off the Mendocino coast.
According to the Department of Fish and Game, this case was the first in California history to have an abalone poacher sent to prison for violating Fish and Game Code provisions. Eyster's strategy and success also encouraged and led to similar Fish and Game prosecutions in other coastal counties. The Fish and Game warden who lead the investigation was honored statewide as "Fish and Game's Warden of the Year" for his work on the case. The Mendocino County District Attorney's Office also received a special commendation from the California CalTIP program for Eyster's successful and precedent setting work on the case.
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| Eyster opted to charge Tatman as having committed a felony conspiracy to violate Fish and Game statutes. |
Assigning the matter to himself, David Eyster concluded the misdemeanor poaching and over-limit laws were insufficient to adequately punish such a serious and gross violation of local natural resources. Eyster opted to charge Tatman as having committed a felony conspiracy to violate Fish and Game statutes. This was the first time such a legal strategy was employed in an abalone matter. At trial, the jury found Tatman guilty of conspiracy. Tatman was eventually sentenced to two years in prison, and his fishing boat was forfeited. That boat is still used by State marine biologists studying marine life off the Mendocino coast.
According to the Department of Fish and Game, this case was the first in California history to have an abalone poacher sent to prison for violating Fish and Game Code provisions. Eyster's strategy and success also encouraged and led to similar Fish and Game prosecutions in other coastal counties. The Fish and Game warden who lead the investigation was honored statewide as "Fish and Game's Warden of the Year" for his work on the case. The Mendocino County District Attorney's Office also received a special commendation from the California CalTIP program for Eyster's successful and precedent setting work on the case.
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High Level Experience No Other Candidate Possesses: #7
In September and October 1994, David Eyster personally prosecuted serial bank robber, Randall William Colvin. Colvin, a parolee from the State of Washington (where he had served time for residential arson) plead guilty in Mendocino County Superior Court to robbing three banks in the Ukiah Valley during August and September 1994.
To resolve the case without the need for a trial, Eyster determined that the interests of justice would be best served by allowing Colvin to serve 10 years in prison. Colvin was also ordered to pay restitution of more than $5,200 to the banks in question.
Colvin was arrested on September 19, 1994 in a bar next to Wells Fargo's Ukiah branch just minutes after a masked gunman robbed the bank with a gun. The "gun" turned out to be a plastic toy, but clothes and other clues led Ukiah Police Department investigators to positively identify Colvin as the bank robber. Eyster later also charged Colvin with the August 26, 1994 robbery of the Savings Bank of Mendocino and the August 15, 1994 robbery of the Bank of America.
"It was what I would call a slam dunk, and I think [Colvin and his defense attorney] recognized that," Eyster told local reporters at the time.
During the course of handling the case, Eyster made a strategy decision to prosecute Colvin outside the Three Strikes law. Eyster stated at the time, "The people of the State of California don't need to pay the cost of housing this guy for more years than necessary. Looking at the big picture, it is my opinion that it is in the best interests of Mendocino County and the State of California to get our ten years from Colvin and then have him sent back to the State of Washington to serve additional prison time up there. He was Washington's problem originally; it seems only fair that he be returned to Washington to face their music when we're done with him. Candidly, I'm not interested in having guys like this paroled back into any of our local communities!"
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To resolve the case without the need for a trial, Eyster determined that the interests of justice would be best served by allowing Colvin to serve 10 years in prison. Colvin was also ordered to pay restitution of more than $5,200 to the banks in question.
| "The people of the State of California don't need to pay the cost of housing this guy for more years than necessary." |
Colvin was arrested on September 19, 1994 in a bar next to Wells Fargo's Ukiah branch just minutes after a masked gunman robbed the bank with a gun. The "gun" turned out to be a plastic toy, but clothes and other clues led Ukiah Police Department investigators to positively identify Colvin as the bank robber. Eyster later also charged Colvin with the August 26, 1994 robbery of the Savings Bank of Mendocino and the August 15, 1994 robbery of the Bank of America.
"It was what I would call a slam dunk, and I think [Colvin and his defense attorney] recognized that," Eyster told local reporters at the time.
During the course of handling the case, Eyster made a strategy decision to prosecute Colvin outside the Three Strikes law. Eyster stated at the time, "The people of the State of California don't need to pay the cost of housing this guy for more years than necessary. Looking at the big picture, it is my opinion that it is in the best interests of Mendocino County and the State of California to get our ten years from Colvin and then have him sent back to the State of Washington to serve additional prison time up there. He was Washington's problem originally; it seems only fair that he be returned to Washington to face their music when we're done with him. Candidly, I'm not interested in having guys like this paroled back into any of our local communities!"
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