Category: Prosecutors

Los Angeles District Attorney George Gascón Restricts Ability to Prosecute Dangerous Criminals

by · Apr 1, 2021 1:14 pm

In a Tweet yesterday LA County Sheriff Alex Villanueva stated, “While gang members are busy driving up LA County’s homicide rate, LA DA @GeorgeGascon is now dismantling the Hardcore Gang Unit that works in collaboration with local law enforcement”. An article in the Washington Examiner today by Jake Dima brings to light statements made like the one by Sheriff Villanueva and other prosecutors that oppose the so-called reform policies being enacted by LA County DA Gascón. 

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Gascón’s Science

by · Mar 19, 2021 9:41 am

CJLF Legal Director Kent Scheidegger was interviewed yesterday (3/18) on the Los Angeles drive-time talk leader KFI’s John & Ken Show.  The subject: the so-called science DA George Gascón cites to support his soft-on-criminals policies.  The interview is during hour three of the podcast at this link.

Following Science or Making It Up?

by · Mar 17, 2021 2:46 pm

The Los Angeles District Attorney Office issued this release touting the “accomplishments” of George Gascón’s first quarter in office. Among them is “a 71 percent reduction in enhancements filed by the office when comparing a three-month span between December 2020 and February 2021 to the same period the prior year.”

Why is that an accomplishment? “Conservative estimates suggest the reduction equates to more than 8,000 years of unnecessary exposure and the three-month cost savings are projected to be in the hundreds of millions of dollars.” (Emphasis added.)

How do we know that exposure was “unnecessary”? How do we know there is any net “savings” at all, rather than a net cost, when the full cost of the additional crimes that will be committed in the future are factored in? Continue reading . . .

Under Philly DA Krasner “Criminals Aren’t Getting Punishment”

by · Mar 17, 2021 11:01 am

With homicides up 32% in Philadelphia so far this year, after a record-setting 499 people were murdered in 2020, many people including defense attorneys are questioning progressive District Attorney Larry Krasner’s reform policies, including his refusal to prosecute most property and drug criminals.  Joseph Simonson of the Washington Examiner reports that the vast majority (86%) of homicide victims are black although blacks make up just 44% of the city’s population.  Defense attorney Charles Peruto, who’s running to replace Krasner, said that due to his sweeping soft-on-crime reforms he and his colleagues “are down on their number of clients.  This Krasner is killing us.  It sounds funny….but it’s hurting the public.”

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Suing the DA for Discriminatory Pattern of Non-Prosecution

by · Mar 17, 2021 10:47 am

The Supreme Court decided long ago that “a private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another.” Linda R.S. v. Richard D., 410 U.S. 614, 619 (1973). But can a victim of crime sue a district attorney on the ground that a long pattern of discriminatory nonprosecution was a contributing cause of the crime? An amicus brief by former Circuit Judge Alex Kozinski joined by former Attorney General and District Judge Michael Mukasey and former District Judge F.A. Little asks the Fifth Circuit to address that question en banc. Beneath it lies a tangled tale as thick as the undergrowth in Louisiana swamp country. Continue reading . . .

Death Penalty Off the Table for Child-Abusing Murderers in L.A. County

by · Mar 9, 2021 11:06 am

An article by Roman Chiarello of Fox News this morning highlights the demand to restore the option to seek the death penalty for the worst murderers in Los Angeles County. On June 21, 2018, a 10-year-old boy named Anthony Avalos was pronounced dead at a hospital in Los Angeles County after suffering from a horrific brain injury. Years of abuse from Anthony’s mother and boyfriend came before the untimely death of Anthony.

According to Los Angeles County Deputy District Attorney Jon Hatami, “The decision [to seek the death penalty] was made by a committee through a rigorous process. This happened over a year ago, with discussions with the family, taking into consideration the mitigation of the defendants, taking into consideration any evidence that the defense attorneys presented.” Now with Gascón’s movement in favor of offenders, and in this case murderers, there is no ability to seek the death penalty in this case. 

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Should Prosecutors Take a Pass on Stealing?

by · Mar 8, 2021 10:28 am

For practical purposes, that is the question raised by this piece in the Washington Post authored by three professors at the Georgetown University Law Center’s Criminal Defense & Prisoner Advocacy Clinic.  You will not be surprised to hear that their answer is “yes.”  Specifically, they opine that, “The U.S. attorney’s office should stop criminally prosecuting nonviolent misdemeanors,” which means, in practice, that it should stop prosecuting almost all the massive amount of stealing that gets done in Washington, DC’s stores.

I respectfully dissent.

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Legislative Amendments to California Voter Enacted Law

by · Feb 25, 2021 3:25 pm

This morning the California Supreme Court upheld the constitutionality of a statute passed by the state legislature (SB 1391) that prohibits 14- and 15-year-old criminal offenders from being prosecuted as adults.  In the case of in O.G. v. Superior Court (S259011), the issue was whether the California Legislature unconstitutionally amended the statutory provisions of Proposition 57 when it enacted SB 1391.  Prop. 57 was voted into law by a majority of California voters in 2016.  The ballot measure eliminated a District Attorney’s ability to directly file criminal charges against individuals under age 18 in adult court.  The measure instead gave juvenile court judges the sole authority to decide whether violent juveniles ages 14 and older should be prosecuted as adults only after conducting a full evidentiary hearing in the juvenile court.  In 2018, former Governor Jerry Brown signed SB 1391 into law.  SB 1391 prohibits 14 and 15 year olds from being criminally prosecuted as adults regardless of the crime committed.  CJLF filed a brief (found here) arguing that SB 1391 unconstitutionally amended Prop. 57.  Today the California Supreme Court held that SB 1391 “is fully consistent with and furthers” the intent and purpose of Prop. 57 and upheld the statutory amendment.

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LA Superior Court Enjoins Many Gascón Policies

by · Feb 8, 2021 11:39 am

Los Angeles Superior Court Judge James Chalfant granted most of the preliminary injunction sought by the Association of Deputy District Attorneys for Los Angeles County (ADDA) against recently elected District Attorney George Gascón. Among other matters, the DA is enjoined from requiring deputies to violate the mandatory charging aspect of California’s Three Strikes Law.

Here is the operative paragraph of the order: Continue reading . . .

LA DA Mythology on Parole Hearings and Victims

by · Feb 5, 2021 11:19 am

Bill Melugin of Fox 11 LA, has posted on Twitter the LA DA’s message to the media in response to the Sheriff’s letter on attendance at parole hearings, noted here Wednesday. One can only wonder what alternate reality these people are living in.

“When heart-wrenching crimes occur, victims and their families are changed forever. That is why District Attorney Gascón has directed our office’s victim advocates, who are trained to provide trauma-informed care, to support victims during parole hearings. They are available to attend any hearing where victims want them present. Sheriff’s deputies, like prosecutors, do not have all the pertinent facts and evaluations at their disposal. The Parole Board does — and its sole purpose is to objectively determine whether someone is suitable for release.” — Alex Bastian, Special Advisor to District Attorney George Gascón

Where do we begin? Continue reading . . .