RLS Managing Principal Wins Acquittal for Sheriff’s Captain James Jensen

HARRY S. STERN
Managing Principal
Rains Lucia Stern St. Phalle & Silver, PC

Few criminal cases have swept up so many people and taken so many twists and turns as Santa Clara County’s years-old concealed weapon permit bribery saga. The district attorney eventually indicted scores of people, including prominent attorneys, small business owners, big tech executives and high-ranking members of the Sheriff’s Department. Failing to secure criminal charges against the elected sheriff, the DA instituted civil removal proceedings against her. Such is the nature of politics.

Fortunately, the long and winding road has ended for former sheriff’s Captain James Jensen. On April 3, 2025, a jury found him not guilty of felony bribery.

The prosecution claimed that the head of Apple’s Global Security Division promised Jensen and the undersheriff that the company would donate iPads to the Department’s new training facility in exchange for concealed weapons permits for their close protection team.

The DA’s theory had a number of gaping holes. Among them was that the CCWs had already been approved when the offer of the charitable donation was made, and that the sheriff, who had the sole authority to grant CCWs, had no involvement in the arrangement. Moreover, James Jensen had immediately forwarded the suggestion of an iPad donation to his direct supervisor, who was never suspected of any wrongdoing.

In fact, the evidence at trial clearly established that Apple and the Sheriff’s Department had a history of professional cooperation and mutual admiration. Apple had recently opened its sprawling headquarters in the sheriff’s patrol jurisdiction, and there were two deputies assigned to that campus full time. The Apple security team, therefore, worked hand-in-hand with the Department and was also interested in using their shooting range and driving course. Moreover, it should come as a surprise to no one that Apple regularly donates its products to worthy entities.

The Honorable Hanley Chew presided over the month-long trial. The jury also acquitted Apple’s head of global security but deadlocked as to the charge against the ex-undersheriff of Santa Clara County.

The procedural history of these cases included multiple trips to the Court of Appeals in the form of both writs and traditional filings. One defendant, who had been cast as the “mastermind” of the supposed scheme, had his case dismissed after the court determined that the DA had an improper conflict of interest. Another had his case discharged by the superior court, only to have it reinstated by the appellate court.

Someone with inside access even leaked the grand jury transcripts to the media (a crime), but no court saw fit to order an investigation.

At one point, Jensen was charged with no less than 11 felony counts, contained in two separate indictments. As to the first indictment, which was initially presented as a 10-felony laundry list, two redundant charges were deemed proven after a lengthy jury trial. The court dismissed seven improperly filed charges, and the jury “hung” on an additional count (that case has been appealed and given the novel and convoluted theory of liability — that a person can “aid and abet” their own bribery without receiving anything — a reversal seems likely). Jensen’s alleged co-conspirator was fully acquitted in that matter.

RLS managing principal and trial attorney Harry Stern expressed his appreciation for the jury’s diligence: “This was a challenging and complex case. I am extremely gratified by this great result for JJ. We had a terrific jury and the lawyers for the other defendants were phenomenal. The RLS team is very happy for James and his family.”

Captain Jensen was also very appreciative of the jury’s hard work and for the support of RLS: “On behalf of me and my family, I want to thank the jury, Harry Stern, Andrew Ganz and the RLS team for this outcome. We also sincerely want to thank PORAC LDF and everyone involved.”

About the Author

Harry S. Stern is the firm’s managing principal. His practice is focused on civil litigation and criminal defense. Harry has successfully defended peace officers in a number of high-profile trials.