Contra Costa district attorney race fought against backdrop of lawsuit, office drama
Four years after Contra Costa District Attorney Diana Becton withstood a challenge from her political right, she appears to have another viable opponent who is running against the recent wave of progressive justice reformist DAs across California.
Mary Knox, a longtime prosecutor and former senior deputy district attorney — until she was demoted by Becton — has been hitting the campaign trail hard, with regular appearances at farmer's markets, rallies, and fundraising efforts sometimes tied with county Sheriff David Livingston, one of many law enforcement officials supporting Knox's candidacy. Whereas other DA candidates in the Bay Area are vying to run as the most progressive candidate in their respective races, Knox is banking that outrage over high profile crimes — like a spate of televised retail thefts in Walnut Creek — will lend voter support to her promises to pursue tougher penalties and “work hand-in-hand” with local police.
Becton — appointed in 2017 after a campaign fund embezzlement scandal saw the former county DA resign and plead no contest to felony perjury — has run on her record of policies intended to make the justice system fairer for everyone. She's prioritized diversion for lowerlevel offenses, like drug possession, called for the closure of juvenile hall, allowed the Vera Institute, a progressive research group, to essentially audit her agency's charging decisions for racial disparities, and implemented a pilot program designed to reduce “excessive sentencing.”
Before becoming the county's first Black woman to hold the top prosecutor seat, Becton was a judge of 22 years, after a career as a private attorney. She was raised in Richmond, put herself through law school while pregnant with her first child, and has served as presiding judge in Contra Costa.
She's also aligned herself with fellow progressive DAs Chesa Boudin, George Gascon and Tori Verber Salazar to form a “prosecutors alliance,” but unlike her counterparts in Los Angeles and San Francisco, Becton has stopped short of abolishing the use of gang enhancements and other charges that add prison time to a defendant's sentence.
Still, Knox has attempted to portray Becton as soft on crime and catering to criminals as she touts her own 37year career as a gang prosecutor with a reputation among defense attorneys as someone who will pursue relatively lengthy prison terms in plea negotiations.
Serving as a backdrop to the DA race is the recent prosecution of former Contra Costa Sheriff's Deputy Andrew Hall, the first law enforcement officer ever prosecuted for an on-duty shooting in the county's history. Becton brought felony manslaughter charges against Hall two-and-a-half years after he shot and killed Laudemer Arboleda during a 2018 slow speed chase in Danville, and a month after Hall shot and killed a second man while on duty. At trial, jurors couldn't reach a verdict on manslaughter but convicted Hall of assault, and he was sentenced to six years in prison.
Knox was one of four county prosecutors who signed a letter criticizing how Becton handled the Hall investigation — including the delay — but avoided saying whether Hall should have been charged until she said he was “justified in using deadly force” during an editorial board interview.
But there's more to the race between Becton and Knox than policy; as she campaigns against Becton, Knox is also fighting her in federal court. In 2020, Knox and three other women in the office sued Becton, alleging she favored inexperienced men for promotions. Knox has also appealed Becton's decision to demote her and filed complaints with the county's merit board, which last year sided with Knox and doubted Becton's sworn testimony that Knox was demoted because she brought the “hand of fear” to colleagues.
Knox's political retaliation complaint against Becton pointed out that she demoted her opponent in the June 2018 election, Paul Graves, who also ran against Becton's political justice reform record. In the three-candidate race, Graves received 42% of the vote while Becton received roughly 1,000 votes past the 50% mark, enough to avoid a head-to-head with Graves that November.
Knox has a significant fundraising advantage of more than $100,000, as well as endorsements from every county police union. Becton, meanwhile, is endorsed by California's all-powerful Democratic Party, as well as copious state and local elected officials.