Galatolo won’t be retried on 18 deadlocked counts

The jury in his case largely deadlocked on the public corruption charges, though, he was found guilty on eight other counts — four counts of perjury, two of which related to failing to disclose gifts given to him while he was chancellor, and four counts of filing false tax returns. He was also found not guilty on one count of perjury. 

Wagstaffe said he did not regret the DA’s Office decision to take Galatolo to trial on the counts, but retrying them would be an extreme financial expense and a decision was made not go forward based on the jury splits. 

“We had what we believed to be evidence of corruption by him … when it comes to corruption, having clean government is a crucial role of government in our society, and I am more than satisfied we did the right thing in proceeding,” he said. “Jury trials are there to ferret it out, and it wasn’t like they found it did not occur. They were split on it.” 

Based on the jury’s splits against the DA’s charges, which were 8-4 and 9-3 on certain counts, Galatolo’s defense attorney Chuck Smith said the prosecution made the correct decision not to go for a retrial. 

“We’re pleased the DA made the right decision not to retry the counts,” he said. 

Galatolo’s sentencing is now set for June 5, and though he emphasized that the majority of the guilty charges were for actions taken in his personal life, he said he was taking steps to rectify them. For example, he would be amending his tax returns and submitting the proper amount to the DMV for one of the perjury charges, he said. 

“I was still found guilty on those, and I understand that,” he said. “I think the jury was very thoughtful [and] took their time to understand the charges before them. This is not easy stuff.”  

He maintained his innocence on the allegations of improper behavior as chancellor, including that he failed to disclose gifts from CEOs of development firms working on SMCCCD projects, with whom he was also close friends. 

“I’ve indicated that I’ve been innocent from the get-go. I’ve maintained my innocence to this day. I still feel I am innocent on those charges,” he said.

The investigation and accusations of wrongdoing against Galatolo began in 2019, when former Vice Chancellor Eugene Whitlock filed a whistleblower complaint alleging a laundry list of misconduct by Galatolo.

When the criminal investigation was announced, trustees placed Galatolo on administrative leave from the chancellor emeritus position created when plans were announced for him to depart from the chief administration post in 2019. He was later dismissed completely in 2021. He was arrested at SFO following his return from vacation in 2022.

The District Attorney’s Office announced charges April 7, 2022, alleging fraudulent reporting of charitable donations, steering district construction projects as chancellor, failure to disclose gifts from construction firms who had business with the district, and underreporting the purchase price of luxury cars.

Jose Nuñez, former vice chancellor of facilities for the San Mateo County Community College District, was also charged with 15 felonies. He pleaded no contest to two felony counts of using the community college district’s resources for political purposes, including the election campaign of district board candidate Tom Mohr and a bond measure providing $388 million in funding for college district capital projects between 2018-20.

As part of the plea, he testified as a witness and the DA’s Office dismissed the remaining charges. His sentencing has been continued until after Galatolo’s is finished. 

Galatolo said he did not regret his relationships with the developers that ended up at the center of his trial, maintaining they are both important friendships to him and entirely separate from his work at the district. He is, however, happy he can move forward with his life, he said. 

“I’m glad this chapter is ending. I can put it behind me and move forward with my life and live my life to the fullest,” he said. 

Wagstaffe emphasized that the trial resulted in Galatolo being convicted of multiple felonies and he could face from six to eight years in prison. 

“He is a felon for the remainder of his life,” he said.