Courts

AG's office drops Butch Ford case 'in the interest of justice'

"I knew I never did anything wrong," Ford said Wednesday. "The history of this case speaks for itself."

Butch Ford appears in court last year for his misdemeanor case. Emilie Raguso/The Berkeley Scanner

The California attorney general's office has dropped the case filed by DA Pamela Price against prosecutor Butch Ford, citing insufficient evidence and in the interest of justice.

Deputy Attorney General Caitlin Duprey announced the decision during a brief hearing Wednesday morning just moments after taking on the case.

Alameda County District Attorney Pamela Price filed the matter against Ford last year, claiming he had committed prosecutorial misconduct.

From the beginning, Ford has said the misdemeanor case was baseless and politically motivated.

In January, Alameda County Superior Court Judge James Cramer recused the DA's office from the case, saying Price's "overarching comments" about it had been "outside the realm of what is normal in a criminal proceeding."

The DA's office fought the ruling, but it was upheld on appeal in late July.

On Wednesday morning, just after Duprey took over the prosecution, Judge Pelayo Llamas Jr. asked two of Ford's attorneys — Ernie Castillo and Micheal O'Connor — about a discovery motion they had filed.

"I think we are putting that aside at the moment," Castillo said.

Duprey then told Llamas that the AG's office had decided to dismiss the case against Ford after a comprehensive review that included its own investigation.

She said the AG's office had reviewed "the complete file from the district attorney, additional information provided by the defense, and evidence gathered during our own investigation. Based on a comprehensive review of all the evidence, and the applicable law, we [move] for dismissal both for insufficiency of the evidence and in the interest of justice."

"We have no objection, your honor," the defense team told the judge.

After the hearing, Ford wiped away tears as he hugged his attorneys and several friends who had come to support him.

"Today justice prevailed," defense attorney Ernie Castillo told several reporters outside the courtroom. "I don't care what side of the political spectrum you're on. You cannot let the government abuse its power, especially the power of the criminal justice system, to silence or to intimidate or to punish political critics or people with political perspectives that are different than our own."

Castillo called the case "frivolous" and said it had been based in part on a document filed by a DA's inspector "who was not truthful."

"Butch never committed a crime and he was accused of something he didn't do," Castillo said. "We are thankful that an ethical prosecutor's office took this case over and made the right call, which is a dismissal."

(In addition to Castillo and O'Connor, Ford's defense team also included Todd Bequette and, initially, Darryl Stallworth.)

Ford said Price had brought the case against him last year in July just weeks after he attended a meeting to begin planning a recall campaign against her.

He said he felt relieved and elated after Wednesday's hearing.

"I knew I never did anything wrong," Ford said. "The history of this case speaks for itself."

Ford was a veteran prosecutor for the Alameda County DA's office and ran its felony trial team until Price took office in January 2023.

Early on, she put him and a number of other veteran prosecutors on leave — but never gave any reasons for her decision, Ford said Wednesday.

Some of the prosecutors left and others eventually returned to work.

Ford was among those who left. He went to work for San Francisco DA Brooke Jenkins and has quickly risen through the ranks.

On Wednesday, Ford and Castillo said Price's decision to charge Ford with a crime had been an "abuse of power" that had no precedent in Alameda County.

"The reality is that this community is suffering. This office is suffering. Victims are suffering in this community," Ford said. "And they will continue to suffer until Pamela Price is recalled."

Price is facing a recall election in November. If she manages to weather the storm, she will have four more years in office due to changes in state law that took place in 2022.

The AG's decision to drop the high-profile case against Ford is only the latest blow faced by the embattled DA's office under Price.

Earlier this year, a different Alameda County judge recused her office from prosecuting a fatal police shooting case that led to the death of Steven Taylor. Price had commented on the case at length.

The DA's office has appealed that ruling. It remains under review.

The Scanner has asked the DA's office for comment and will update this story if it is provided.

Update, 8 p.m. "We will continue to expect our prosecutors to comply with the law and to pursue justice for the family of Steven Taylor," Price said earlier in a prepared statement.

Check back for updates.