A former coworker of David Xu has released hidden-camera video showing Xu allegedly pouring a substance into her water bottle at a Berkeley workplace, coinciding with Xu’s request to dismiss his felony conviction for poisoning her. The incident occurred at Berkeley Engineering and Research, where Xu worked as a senior materials engineer and Yuan was employed starting in January 2017.
Key developments:
- Rong Yuan released the video on Monday, the same day Xu filed a motion in Alameda County Superior Court to dismiss his felony conviction.
- Xu was convicted in 2024 on a plea deal of one count of poisoning, receiving two years of probation after initially facing charges of premeditated attempted murder and two felony counts of poisoning. The judge described the sentence as "extremely generous" given the circumstances.
Yuan stated that the video was her "last resort" after expressing frustration with the legal system’s handling of her case. She reported experiencing severe health issues—including hair loss, vomiting, and multiple emergency room visits—over a two-year period before installing the camera. Police later confirmed the substance Xu allegedly used was cadmium, a toxic heavy metal.
Xu’s motion to dismiss the felony conviction is subject to California law, which requires judges to grant such requests if the defendant meets probation conditions. The Alameda County District Attorney’s Office has objected to the dismissal, arguing the original conviction should stand. Under California law, however, judges are compelled to approve the expungement request if the terms of probation are satisfied.
Xu was first arrested in March 2019 and spent four years under house arrest with GPS monitoring before being granted additional freedoms, including travel within the U.S. His case stalled in court for years before reaching a resolution in 2024. Yuan’s hidden-camera footage, which she described as a means to expose what she views as a miscarriage of justice, has now become a focal point in the legal proceedings.
The case has drawn attention to the legal framework governing felony expungement in California, particularly regarding probation compliance and the discretion of judges in such matters. The Alameda County District Attorney’s Office has taken a firm stance against the dismissal, while legal experts note that the outcome hinges on procedural compliance rather than the severity of the original offense.