PALO ALTO — A judicial committee found that the lawyer for an ex-Antioch policeman didn’t lie to a judge when she sought a mistrial during his criminal trial, but noted her “serious lapse in judgement” and apparent unfamiliarity with how federal court works, concluding a review that started when she was kicked off the case last year.
Nicole Lopes, who also practices under the name Nicole Castronovo, “was truthful” when she sought a mistrial for her client, Devon Wenger, just days into his conspiracy and civil rights violations trial alongside another former colleague. But the committee found her subsequent decision to appear with Wenger on a YouTube podcast and “spin” the mistrial as a victory “was absolutely not the right thing to do, and a serious lapse in judgment.”
The 23-page decision, signed by U.S. District Judge Haywood Gilliam, is only the latest courtroom drama to ensue over the prosecution of 14 ex-East Contra Costa cops that began in August 2023. In court, Wenger has accused prosecutors of targeting him for attempting to expose wrongdoing at the Antioch police department, but two juries convicted him of felonious crimes, including steroid distribution and conspiracy to violate civil rights. He was sentenced to seven and a half years in prison last December.
“I appreciate the Committee’s careful review and its conclusion that I did not lie to the Court,” Lopes said in a statement to this news organization. “I hope the public report helps correct the misconceptions over the past year so I can begin rebuilding my professional reputation.”
Thirteen other former law enforcement officers, who worked at the city police departments in Pittsburg or Antioch during their crimes, either pleaded guilty or were convicted of crimes ranging from accepting tequila as bribes to quash traffic tickets, to wire fraud and siccing a dog on someone without just cause. Wenger and ex-Antioch K9 Officer Morteza Amiri went on trial together last March, but just three days in, Lopes sought a mistrial, citing a lack of support from her firm, her lack of sleep and mental health struggles.
U.S. District Judge Jeffrey White kicked her off the case and questioned her “candor with the court” after Lopes appeared on a podcast as Amiri’s trial continued, and painted the mistrial as a win and herself as a “fixer,” stating that Wenger — whom she referred to as “Captain America” — would have a better chance at beating the case without his co-defendant.
Amiri was acquitted of conspiracy but convicted of violating a man’s civil rights. He was sentenced to eight years behind bars for that and a scheme to defraud the city of Antioch by cheating on college tests to receive an educational incentive pay raise.
“The Committee ultimately takes (Lopes) at her word to Judge White on March 5, 2025: that she was ineffective and incompetent to continue with the trial,” the decision says. “The Committee rejects her after-the-fact spin in the press and on YouTube that the mistrial was somehow a victory. Given the professional and reputational damage (Lopes) has suffered, and the fact Wenger was convicted at a retrial on the very charge his co-defendant was acquitted on, neither have ‘won’ anything.”
As for Lopes’ decision to seek the trial, the committee was more sympathetic, finding that it was “likely the right thing to do and in the best interest of her client, at least at the time the request was made” and noting that while Amiri had three lawyers helping him, she was attempting to try the complicated case by herself, having driven up from Los Angeles on the eve of the trial.
“We believe her misunderstanding of the text messages, coupled with her exhaustion, mental health difficulties, repeated admonishments, unfamiliarity with federal criminal practice as well as the Northern District of California and Judge White, and her flailing efforts to represent Wenger alone, led her to seek the mistrial,” the decision says.
But Lopes’ troubles aren’t quite over. The committee noted that she lost her job at her firm and is under investigation by the California State Bar. White has also recently demanded she submit sworn declarations to him in response to specific questions about her handling of confidential discovery. This order is part of White’s efforts to figure out who leaked confidential court documents to an independent Southern California news site, The Current Report, which published a two-part series depicting Wenger as a whistleblower who was retaliated against with the prosecution.
White, who once threatened to jail two San Francisco Chronicle reporters who refused to give up a confidential source during coverage of the Barry Bonds grand jury indictment, has ordered the declarations to be submitted by Feb. 6.
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