Correction request to the Los Angeles Times

Association of Deputy District Attorneys logo

Your Editorial of October 5, 2024 (“Endorsement: Reelect Los Angeles County Dist. Atty. George Gascón”) contains a significant and provable factual error and I request that you immediately correct this mistake. The Times incorrectly reported that the gun enhancement is duplicative because it adds “extra time for a defendant’s use of a gun when the charges already included armed robbery.”

This is factually inaccurate because there is no crime of “armed robbery” under the California Penal Code.

Section 211 of the California Penal Code states: “Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.”

https://law.justia.com/codes/california/code-pen/part-1/title-8/chapter-4/section-211/

Being armed is not an element of the crime of robbery.  Force or fear can be accomplished by yanking a purse forcibly off a woman’s shoulder, threatening to harm a person if they refuse to relinquish property, or physically restraining a person in order to take their property.

The only thing close to an “armed robbery” in California law is when a defendant is charged with robbery and the added enhancement of using a gun (PC 12022.5 or PC 12022.53), or a knife (PC 12022).

To report that the fictional charge of “armed robbery” makes the gun enhancement duplicative is 100% inaccurate and shows a complete lack of understanding of California law.

Please let me know when you have corrected this error, and feel free to contact me if you have any questions.

Michele Hanisee
President
ADDA

Michele Hanisee on KFI discussing the release of Shanice Dyer

Michele Hanisee on KFI discussing the release of Shanice Dyer, once charged with two brutal murders and now accused of yet another killing, is the latest and most painful chapter in Los Angeles District Attorney George Gascón’s tenure. A tenure marked by the betrayal of the public trust, the abandonment of victims, and a total disregard for accountability and justice. Gascón’s policies, designed to rectify perceived systemic imbalances, have instead endangered the community by coddling violent offenders like Dyer, who should never have been given the chance to claim yet another life.

Click now to listen.

Kennedy children denounce George Gascón’s parole policy, endorse challenger

By Eric Leonard and Andrew Blankstein

NBC LOS ANGELES — Rory and Max Kennedy, a daughter and son of Sen. Robert F. Kennedy, announced Tuesday their support for the candidate trying to unseat LA County District Attorney George Gascón over what they say are Gascón’s policies that disregard the needs of crime victims and in particular, bar prosecutors from participating in parole hearings for convicted murderers.

“He is not qualified to be the district attorney,” Rory Kennedy said at a campaign event for Gascón’s challenger, Nathan Hochman, on the steps of the Hall of Justice in Downtown LA.

“Gascon prohibits his prosecutors from filing charges they believe are appropriate,” she said. “He boycotts parole hearings and leaves grieving victims to fend for themselves.”

Robert Kennedy was shot to death at the former Ambassador Hotel in Los Angeles in 1968 while campaigning as a presidential candidate, and the man convicted of the murder, Sirhan Sirhan, was denied parole 15 times prior to Gascón’s election.

The DA’s office sent a representative to each of those hearings to present an account of the assassination.

The Kennedys said they’ve never before opposed a Democrat running for office but said they were moved to go public following Gascón’s decision not to advocate against the release of their father’s assassin during a 16th parole hearing in 2022.

“I contacted the district attorney’s office, and the attorney, who had been assigned to it, told me she was not allowed to, accompany us,” said Max Kennedy.

The 2022 panel recommended Sirhan’s release, but the decision was reversed by Gov. Newsom. A 2023 parole board, again without participation from the DA’s office under the policy, did not recommend Sirhan’s release.

Gascón’s office and campaign representatives declined to comment on the Kennedys’ statements.

In 2021 Gascón’s spokesperson told NBC News that the DA believed the role of prosecutors ended with the trial and sentencing, and decisions about parole should be made independently by the California Department of Corrections and Rehabilitation.

 

 

Nathan Hochman Endorsed by Association of Deputy District Attorneys

Nathan Hochman Endorsed by Association of Deputy District Attorneys

DA Gascon’s Own Deputy District Attorneys’ Association Rejects Gascon and Backs Hochman

LOS ANGELES — Nathan Hochman, the front-runner in the campaign for L.A. County District Attorney, announced today that he has received the endorsement of the Association of Deputy District Attorneys – another indication that George Gascon’s own prosecutors want him removed from office.

Hochman, a former federal prosecutor, U.S. Assistant Attorney General, President of the L.A. City Ethics Commission and criminal defense attorney, said the ADDA’s support is important because he views the wisdom and experience of line prosecutors as the office’s greatest asset.

“I’m extremely proud that the ADDA has voted to endorse me over their boss, George Gascon, ” Hochman said. “When I am elected, I will work tirelessly to support our County’s talented prosecutors, rebuild our office’s relationship with law enforcement, restore public safety and send a message to criminals that there will be consequences for their actions.”

Michele Hanisee, President of the ADDA, said: “The ADDA believes that Nathan Hochman is the best candidate to support a pro-labor workplace agenda and to foster a constructive, open and collaborative relationship with the ADDA and its members. We appreciate his commitment to the work done by our prosecutors and look forward to building a positive working relationship that benefits our members and the public.”

That’s a far cry from ADDA’s experience with Gascon. When Gascon’s policies became public and were followed by a significant increase in violent and property crimes, an effort to recall Gascon from office was initiated. Some 97.8% of prosecutors voted to support Gascon’s recall – an unprecedented rebuke of a sitting district attorney.

“If he were CEO of a public company and 98% of his workforce approved a no-confidence vote, he would either resign or be removed by the Board of Directors,” Hochman said. “In a Democracy, he can be removed by voters – and I along with the ADDA board look forward to that day.”

The ADDA support follows earlier endorsements of Hochman by former three-term L.A. County D.A. Steve Cooley; Michael Harris, Co-Founder of Death Row Records; Lancaster Mayor R. Rex Parris; former L.A. Police Commissioner Steve Soboroff; former federal judge and prosecutor Stephen Larson; and five former U.S. Attorneys for Los Angeles.

About Nathan Hochman:
Nathan Hochman, a former federal prosecutor, Assistant U.S. Attorney General and President of the Los Angeles City Ethics Commission, is favored to defeat George Gascon as District Attorney of Los Angeles County. He is an Independent (No Party Preference) candidate who believes politics has no place in the D.A.’s Office. For more information about Hochman and his campaign, please visit www.NathanHochman.com.

ADDA Makes Inquiry About Chief of Staff Joseph Iniguez

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Below is a letter sent Tuesday by John Rees, executive director of the Association of Deputy District Attorneys to Tim Pescatello, senior manager of the Los Angeles County’s Employee Relations Division. The letter sets forth an inquiry concerning Joseph Iniguez, District Attorney George Gascón’s controversial chief of staff. Iniguez ran for district attorney in 2020, then pulled out of the race, endorsing Gascón. Many have questioned his fitness for his position. Iniguez was arrested on Dec, 11, 2021, by a Pocatello Azusa police officer and booked on suspicion of public intoxication, but the Office of Attorney General, to which the case was referred, dawdled in its investigation and the one-year period within which charges could be filed expired.

This letter serves as a request for you to confirm or deny a disturbing rumor that is gaining  currency in the District Attorney’s Office (Office).

Under normal circumstances, attempts at “rumor control” between this Association and the Office would be quickly and effectively accomplished by a mere phone call, text, or email.  However, the word “normal” cannot be applied to this Administration. For as you know, given the District Attorney’s extreme anti-union animus, it is all but impossible for ADDA to communicate with this Administration at all, let alone quickly or effectively. While the rumor in question may seem both wild and half-baked, we are duty bound to confirm or debunk it  for the benefit of the entire Office.

Accordingly, through other than official channels, we are given to understand that the District Attorney intends to promote—at least on a short-term basis—a completely unqualified political appointee on his Unclassified Staff to the highly responsible permanent Civil Service  management classification of Grade V Deputy District Attorney (DDA). Reportedly, that individual is his unclassified Chief of Staff, one Joseph Iniguez.

To paraphrase Winston Churchill, Mr. Iniguez is a modest little man with much to be modest about. Reportedly, prior to his meteoric rise to the top as Acting Chief Deputy (ACD) in the Unclassified Service, Mr. Iniguez was a Grade II DDA. Reportedly, prior to his assentation to the ACD position, Mr. Iniguez had amassed a less-than-stellar Office record of having prosecuted a mere four felony cases—two of which he supposedly lost. While at some point he became a Grade III DDA, to the best of our knowledge, information, and belief, Mr. Iniguez has never been promoted to the level of Grade IV DDA.

(NOTE: given that Mr. Gascon has admitted that he, himself, has never tried any cases, this could mean that three of the top four Office executives in the largest prosecutorial agency in the nation may have collectively tried a grand total of four cases.)

Why, you may ask, would Mr. Iniguez—who receives a princely compensation package in excess of $406,000 per year—be interested in taking a pay cut occasioned by being placed in a Grade V DDA position? The answer may involve a sinister and a twisted scheme.

To begin with, Mr. Gascon will not be the District Attorney forever. When that occurs, the successor Department Head is highly likely to replace Mr. Iniguez with someone who is considerably more qualified and capable. This means that Mr. Iniguez may have to demote to his last Civil Service rank (e.g., Grade III DDA). However, by placing him on a Grade V DDA position on a short to very short-term basis, Mr. Iniguez may claim that he is entitled to be returned to his highest Civil Service classification (e.g., Grade V DDA). Additionally, by being placed in a Grade V DDA position following Mr. Gascon’s departure, Mr. Iniguez could avoid having to serve as a Grade III DDA under other attorneys that he may have stepped on while serving in the Unclassified Service.

As you know, the position of Grade V DDA is a very important Civil Service management  classification that only the most experienced and most capable Grade IV DDAs attain. Under any circumstances, it is difficult to imagine that Mr. Iniguez has meaningfully added to his otherwise unspectacular prosecutorial record.

If any of the forgoing is correct, then for the County to knowingly permit anyone so manifestly unsuited to be appointed to such a critical managerial position would be a travesty to the merit-based Civil Service system as well as to the very underpinnings of good government.

Tim, it is hoped that what we have heard and what has been related to you is merely an unfounded rumor. As always, if you have any questions in this regard, please contact me at your earliest convenience. That said, your prompt attention to this matter will be greatly appreciated.

Prosecutors Union Seeks Meeting to Discuss Gascón

Rees on Tuesday sent a separate letter to Pescatello saying:

The purpose of the letter is to briefly highlight our ongoing concerns with management of the District Attorney’s Office (Office) and to request to meet with you.

Policy changes and the management practices have resulted in numerous situations that have recently escalated to create working conditions that negatively impact service to the public and threaten the mission of the Office. We look forward to sharing information/data that may sort out the underlying issues and substantiate the hostile working environment by work unit that our members continue to experience.

Accordingly, below you will find a partial summary our ongoing concerns:

1. Since 2020, vacancy rates have increased in all levels of Deputy District Attorneys (DDA) in the Office.

2. Coinciding with staff vacancy rates, caseloads for all levels of classification have increased to unmanageable levels creating a backlog of cases and a resulting inability to meet the statutory prosecution deadlines.

3. Since 2020, retention of talented DDAs has become an issue with more DDAs leaving service by moving to other County positions, to other counties, and generally leaving County service in advance of actual retirement age than previously.

4. Recruitment has not produced enough candidates to fill Grade I DDA vacancies.<

5. Since 2020, the applicant pool for all DDA positions is historically low because of the reputation and policy direction of the current Administration.

6. Working conditions and salaries are no longer comparable to other County positions at the same grade level due to the policy changes that impact both workload and staffing.

7. Punitive transfers and reassignment of the most experienced and more senior DDAs to positions of lesser responsibility and into areas outside of their technical expertise has further created a hostile and toxic environment that is clearly a violation of the County’s Policy of Equity. More senior DDA’s are threatened with reassignment and increased commutes for any shared policy concerns that they may have expressed.

8. This Administration fails to engage in good faith interactive processes to address medical accommodations of more senior employees relying instead on transfers and reassignments to chill any discussions.

At the meeting, we will need to discuss data exchanges, sources of information and agree to an informational exchange process that directly deals with each of the above concerns. In addition, there may be a need to investigate different aspects of each allegation to find the root cause of the hostile work environment given that varying degrees of mismanagement may exist by work unit.

We look forward to scheduling a meeting in the very near future. Thank you in advance for your prompt reply.

USA-Times.news: Woke LA DA George Gascón has 10,000-case backlog, ‘toxic’ attitude driving staff away: sources

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Los Angeles County District Attorney George Gascón is an “authoritarian” and “toxic” manager whose ultra-woke approach has led scores of prosecutors to quit and 10,000 cases to pile up, sources tell The Post.

Justice is not being served in the most populous county in the nation because Gascón has driven talent away, demoted top lawyers and fights anyone who doesn’t share his views, according to multiple sources who have worked for him.

One former LA prosecutor said Gascón’s policies have eroded trust with the public the office serves, through generous plea deals allowing criminals to get out of jail or prison without serving hard time or declining to prosecute crimes at all.

“In my career as a prosecutor, I’ve never had victims’ families actually hate us until I came into this office,” a former deputy DA told The Post.

“We are hated by all the victims because of lack of prosecution and low sentences because of his policies.

“Gascón is so focused on justice for black and brown defendants, but the victims and their families are also black and brown. Where is the justice for them? We are making them victims of the criminal justice system yet again.”

Cuba-born Gascón, 69, assumed office in Los Angeles in 2020 after eight years serving as the DA of San Francisco. He has been divisive from the start and has survived two attempts to recall him from the position.

“The reputation of the office has been destroyed and people know he’s hostile to his employees,” said Eric Siddall, vice president of the LA County Association of Deputy District Attorneys.

“He has an authoritarian management style, and engages in retaliatory acts against employees who don’t share his ideology.”

Sources claimed the District Attorney’s Office has over 200 open positions, which has contributed to the huge backlog in cases, which sources say is up to 10,000 which have yet to be filed.

The DA’s Office disputed the hiring figure, claiming they only have a total of 139 positions available and blaming “retirement and a previous hiring freeze,” but would not comment on the number of cases piled up.

Former Los Angeles County DA Steve Cooley, who ran the office from 2000 to 2012, told The Post that recruitment was never previously an issue, but the office has recently started to “hemorrhage” talent.

Article.

ADDA Thankful for ‘Friend of Court’ Briefs

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Los Angeles, April 26, 2023 – The Association of Deputy District Attorneys (“ADDA”) today thanked the victim advocates, legal experts, and community groups that have filed “friend of the court” briefs with the California Supreme Court supporting the organization’s landmark lawsuit against Los Angeles County District Attorney George Gascón.

“On behalf of our members, we want to thank those who have filed briefs in support of our position: that no one – not even George Gascón – is above the law. We are humbled and grateful for their support.” said ADDA President Michele Hanisee.

“This groundbreaking lawsuit will define the boundaries of the separation of powers between the legislative, executive, and judicial branches and whether that system of checks-and-balances is worth protecting. We think so, and it’s a position that a state superior court and a panel of state appellate court judges have agreed. We hope the California Supreme Court follows suit when it decides this case in the weeks and months ahead,” Hanisee added.

The lawsuit alleges that Gascón’s directive not to charge prior “strike” convictions violates California law, which imposes a mandatory duty on prosecutors to plead and prove strike priors.

“These briefs echo and add to our defense of a fundamental, non-partisan American principle: no one person is above the law,” said ADDA Vice President Eric Siddall. We are free to disagree with the law. We can – and should — critique its shortcomings and inefficiencies. When it doesn’t work, we can – and should – work like hell to change it. But no one person – no matter how high their office, how deep their pockets, or how inflated their ego – is above it. Not even George Gascón.”

Below are some excerpts from each of the amicus briefs in support of ADDA.

Professors Paul G. Cassell, Margaret Garvin, and John C. Yoo.
“The District Attorney’s refusal to enforce the Three Strikes Law not only violates the text of the California constitution and this Court’s precedents, it also rejects California’s implementation of the principle of the separation of powers.”

“Like all other powers vested in the Executive branch by the California Constitution, prosecutorial discretion is not absolute. The form of discretion Gascón claims aggrandizes the traditional scope of the executive power under the California Constitution, subverts and encroaches upon the role of the Legislature, and ignores the will of the people.”

“Gascón’s theory of prosecutorial discretion proves too much. It would extend prosecutorial discretion beyond its traditional bounds and subsume the role of the Legislature and the will of the people in defining crimes.”

Crime Survivors Resource Center, Justice for Murdered Children, and Barbara Jones
“Whether it is a Southern politician trying to preserve slavery, a conservative politician who opposes abortion and LGBTQ+ rights, a conservative rural sheriff who likes guns, a county that did not think COVID-19 was a serious health issue, or a progressive urban district attorney who does not want to punish dangerous serial criminal offenders, they are each subject to the rule of law. They must comply with the laws to which they are subject even if they do not like them and even if they conflict with their professed values.”

“Ultimately, whether Three Strikes law is good or bad public policy is irrelevant to the issues presented in this case. The sole question is whether Gascón has the power himself to alter state law because he does not like it. He does not.”

Criminal Justice Legal Foundation
“This case calls on the judicial branch to survey the line between the executive and legislative powers of the state. In theory, judgments about the wisdom of the competing policies should not matter in marking out this line. In the ebb and flow of political change, the sides could switch at any time. Even so, appellants have chosen to set forth as background information a sharply skewed portrait of both the history of the Three Strikes Law and the current state of research regarding public safety and sentence length.”

“The District Attorney’s claim that long sentences have a strong criminogenic effect, sufficient to outweigh the incapacitation benefit, is contradicted by the published research literature as a whole, not supported by it.”

California District Attorney’s Association
“Demonstrating a lack of understanding of the source of his authority, the District Attorney perversely turns the separation of powers doctrine on its head in an attempt to insulate his actions. He mischaracterizes the nature of “discretion” to apply to his capricious nullification of the law. He compels his subordinates to violate their own legal duties and ethical obligations. And he cloaks his actions in secrecy by failing to abide by a process that would put the impact of his decisions more squarely in the public eye.”

“The District Attorney presents this Court with a twisted view of the separation of powers doctrine. Through his reasoning, a single county prosecutor may be empowered to ignore the legal constructs of the People, the Legislature, and the Judiciary, declaring which law will be followed in that prosecutor’s county. Separation of powers provides checks on the branches of government, it does not serve to negate them.”

About The ADDA
The Association of Deputy District Attorneys (ADDA) is the collective bargaining agent representing over 800 Deputy District Attorneys working for the County of Los Angeles.

ADDA Hails Withdrawal of Motion to ‘Depopulate’ Los Angeles County Jails

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Prosecutors’ Union Terms Proposal by Solis, Horvath ‘Dangerous’

By a MetNews Staff Writer

The county prosecutors’ union has hailed the removal of a motion from the Board of Supervisors’ agenda for yesterday’s meeting that called for steps to “depopulate” the jails and “decarcerate” some of those convicted of crimes.

Among the prescribed actions was closing the Men’s Central Jail.

The Association of Deputy District Attorneys (“ADDA”) said in a statement released late Monday that Supervisors Hilda Solis and Lindsey Horvath had put forth a “dangerous proposal.”

The motion, introduced on March 29, called upon the board to “[d]eclare the State of mental health services and overcrowding in the Los Angeles County jails a humanitarian crisis, requiring the County to move with all deliberate speed on meaningful solutions; and prioritize decreasing the number of individuals entering the Los Angeles County Jails….”

Siddall Comments
ADDA Vice President Eric Siddall, a possible candidate for district attorney, was quoted in the ADDA press release as commenting:

“The Los Angeles County Board of Supervisors’ motion to gut parts of the criminal justice system without input from stakeholders is dangerous and reckless. The authors sought no advice from those who know and understand public safety issues.

“The proposal sought to lower the jail population without addressing the root causes of crime or protecting the public. This catch-and-release program comes without any plan or infrastructure to protect the community from violent criminals apprehended by law enforcement. It creates no lockdown facilities for the mentally ill. It benefits no one except career criminals.”

Siddall added:

“We need to ensure that the most dangerous offenders don’t get out, first-time offenders don’t come back, and those with serious mental illnesses get appropriate care and help. This proposal does none of that.

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Sweeping plan to ‘depopulate’ LA County jails embraced by supervisors

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‘This program benefits no one, except career criminals,’ says a leader of the Association of Deputy District Attorneys

A sweeping proposal calling for depopulation and decarceration of the Los Angeles County jails will be considered Tuesday by the Board of Supervisors, drawing the ire of an organization representing police chiefs for 45 law enforcement agencies.

The plan advanced by Supervisors Hilda Solis and Lindsey Horvath would declare a “humanitarian crisis” in the jails and advocate for or instruct several county agencies to evaluate, create and expand programs that would keep more people out of a jail, even after they are convicted of misdemeanors and some felonies.

…

Eric Siddall, vice president of the Association of Deputy District Attorneys, which represents about 900 LA County prosecutors, calls the proposal from Solis and Horvath “dangerous and reckless,” and claims it guts portions of the legal system without input from valuable stakeholders.

“The authors sought no advice from those who know and understand public safety issues,” he said in an email Sunday. “They seek to lower the jail population without addressing the root causes of crime or protecting the public.”

Siddall noted the proposal directs law enforcement to cite and release suspects for offenses such as illegally carrying a gun, domestic violence, possession of child pornography and some violent crimes, including residential burglary, robbery, and assault with a firearm.

“This catch-and-release program comes without any plan or infrastructure to protect the community from violent criminals apprehended by law enforcement,” he said. “Further, it creates no lockdown facilities for the mentally ill. This program benefits no one, except career criminals. We need to make sure the most dangerous offenders don’t get out, that first-time offenders don’t come back, and that those with serious mental illnesses get appropriate care and help. This does none of that.”
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