An activist who was pursued by the City of Oakland for criminal vandalism and restitution is challenging his conviction four years later. César Aguirre was convicted for allegedly smashing the windows of the OPD Internal Affairs and Recruiting Offices during the Occupy Oakland General Strike of November 2-3, 2011. Aguirre has now filed a petition for writ of habeas corpus challenging his conviction based on the prosecution's failure to disclose material evidence.

This was a rare, successful, vandalism prosecution related to Occupy and other demonstrations. It was entirely based on far-fetched testimony of just one OPD officer who purported to identify Aguirre late at night from a staircase half a block away. The City of Oakland promptly sued Aguirre in civil court for the cost of replacing the windows. However, District Attorney Nancy O'Malley's office never produced any of the police body camera videos or radio communications to Aguirre's defense attorney in the 2012 trial, nor did the DA reveal the existence of other witnesses.

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