Monday, February 15, 2021

Contra Costa DA won’t retry county assessor’s misconduct case

A mistrial was declared over Gus Kramer’s misconduct charges in November

Blog note: This article references a grand jury accusation

MARTINEZ — Four months after a judge declared a mistrial in the misconduct case against Contra Costa County Assessor Gus Kramer, the district attorney’s office has decided to not retry the charges, prosecutor Chris Walpole confirmed to this news organization.

The decision caps a lengthy and unusual court case that began in 2019 after the Contra Costa County civil grand jury investigated complaints that in various instances from 2013 to 2019, Kramer made sexual comments to women who worked in his office and uttered an ethnic slur to a male employee.

The civil grand jury had concluded in 2019 that Kramer should be removed from office for “willful or corrupt” misconduct and creating a hostile work environment, which kicked off a civil case that was prosecuted like a criminal proceeding. A guilty verdict would have led to Kramer’s removal from office instead of jail time.

But at the end of the trial — during which Kramer’s attorneys maintained that he was a victim of a smear campaign by ambitious women and a disgraced employee — the jurors couldn’t all agree whether most of the allegations constituted workplace harassment under state law or whether he should be booted from office, and Superior Court Judge John Cope declared a mistrial.

The only thing the jurors agreed on was that Kramer did not create a hostile work environment for a young former employee who testified he made her uncomfortable by saying she looked “hot” in a photo and squatted close to her at work.

Of the allegations made by the four alleged victims, the jury had to establish two things for each set of allegations — that Kramer indeed said what he said to the employees, and whether that misconduct was sufficient enough to remove him from office.

Walpole said that in discussions with five of the jurors after the trial, they reported that most of the jury believed Kramer said inappropriate things to the victims, but the jurors were further split over the question of whether it was “severe and pervasive” enough to constitute a hostile work environment.

“I believe the victims wholeheartedly,” Walpole said. But after discussing the case with an executive team in the district attorney’s office, they decided to not proceed with retrying the three victims’ allegations over which the mistrial was declared.

Michael Rains, Kramer’s attorney, said he thinks “the facts just didn’t support a finding that Mr. Kramer created a hostile work environment.”

During the trial, witnesses testified that Kramer bragged to employees of his “conquests” with women, made sexual comments about women’s bodies and sent inappropriate text messages to one employee.

Another employee said Kramer had told a graphic story or joke about people having anal sex and had made racist comments to another employee, including using an offensive ethnic slur when speaking to an employee and saying to him that “white men would never vote for a f****** Mexican.”

Rains had denied most of those allegations about Kramer in court, saying that while two employees had indeed brought up discomfort with the assessor’s jokes or comments in 2015, they all resolved it then via an informal agreement to discuss only business matters. Kramer upheld that agreement, Rains said. The allegations about Kramer making an ethnic slur were fabricated, the lawyer maintained.

But, Rains said in an interview this week, Kramer does not deny that some of his behavior needs to change.

“It was frankly a wake-up call to Mr. Kramer and a reminder to anyone who knows about the case or heard about the case of the importance of how anyone conducts themselves with co-workers,” Rains said. “He is aware that others in his office do not appreciate comments or jokes that he thought were cute or funny. It was and is a reminder to him to change his approach to folks and, frankly, to be a little less familiar.”

Kramer, who was re-elected to the assessor seat in 2018, has roughly two more years left in his term. He ran against Supervisor Federal Glover for the District 5 Board of Supervisors seat, but lost in the November runoff election.

Walpole, in an interview this week, said he fears the outcome of this case could have a chilling effect on victims of sexual harassment or other misconduct who might be afraid of having their allegations attacked and their honesty questioned.

“This is a sad reminder of how difficult it is for women to come forward,” he said.

Margaret Eychner, a former employee in the assessor’s office who was one of the four main witnesses in the case and has stated publicly that Kramer sent her inappropriate text messages and made comments she believes constituted harassment, said she was disappointed in the decision to not retry the case.

“His own attorney admitted in an article published after the mistrial that he did the things he has been accused of and will change his behavior. He won’t. And by not retrying him, he knows he can do whatever he wants to his employees — again — and get away with it,” Eychner said. “On the other hand, I have done as much as I could to bring his behavior to light and have suffered much through the process. While I was prepared to testify again, I’m glad it is over for me. I have not worked at the Assessor’s Office for well over a year and am on a path to healing from the past several years there.”

There will be one more hearing scheduled, likely in March, Walpole said. At that hearing, he will file a motion to dismiss and the case will be over.

East Bay Times
By ANNIE SCIACCA
Bay Area News Group
February 13, 2021 

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