Newsbreak.com: Lacey, Cooley back deputy DA union’s legal action over Gascón hires

Two former Los Angeles County district attorneys have lent their support to a legal action by the union representing Los Angeles County deputy district attorneys to prevent what the rank and file maintain is the hiring of unqualified candidates, including some from the Public Defender’s Office, by current District Attorney George Gascón.

Steve Cooley and Jackie Lacey submitted sworn declarations Wednesday backing the Association of Deputy District Attorneys’ request for a preliminary injunction against Gascón and the District Attorney’s Office which asks a judge to order the defendants to refrain from hiring public defenders or other candidates deemed unqualified under Civil Service rules for the deputy district attorney grade positions of 2 through 5.

Earlier this year, Gascón hired former longtime Deputy Public Defenders Alisa Blair, Tiffiny Blacknell and Shelan Joseph. Blacknell and Joseph were hired for grade 4 positions and Blair to a grade 3 slot although none took and passed competitive exams as required by Civil Service rules and the County Charter, the Los Angeles Superior Court petition states.

A hearing on the preliminary injunction is scheduled Wednesday before Judge Mitchell L. Beckloff.

The 64-year-old Lacey, who was District Attorney from 2012-20, said that during that time there were no lateral transfers of deputy public defenders or alternate public defenders into deputy district attorney positions.

“The lack of any lateral transfers of deputy public defenders or deputy alternate public defenders into positions of deputy district attorneys for the past 15 years is because the skill sets for public defenders and alternate public defenders are different than those of prosecutors,” Lacey said. “They are not similarly situated professionals.”

Article.

The Signal: Prosecutors decry witness subpoena rule

Prosecutors are expressing frustration at an order from District Attorney George Gascón that prohibits them from compelling witnesses to testify in criminal trials.

The order, which was not included in Gascón’s publicly issued directives when he took office in December, was conveyed to deputy district attorneys via a private online meeting and email, according to prosecutors and records obtained by The Signal. In his directives published for public view in December, Gascón had prohibited “body attachment” subpoenas for crime victims, but the directive regarding witnesses was not made public.

Now, with criminal trials ramping back up and L.A. County’s murder rate on the rise, several deputy D.A.’s are saying the ban on what are known as body attachment subpoenas for witnesses is leaving their hands tied and allowing violent criminals to go free.

About three times a day on average — now that trials have resumed — a case is dismissed because the prosecutor can’t get a witness to appear for testimony, according to one Los Angeles County preliminary hearing judge who spoke with The Signal on the condition of anonymity.

“That’s just in one courtroom,” the judge added. “So, the number is way larger countywide.”

Article.

Nation World News: Downey becomes 31st city to issue ‘no-confidence’ vote in Gascon

Downey city council voted for “no-confidence” in Los Angeles County District Attorney George Gascon on September 28, becoming the 31st city in Los Angeles County to condemn Gascon’s policies.

The “no-confidence” motion, passed with a 3-1 vote, was brought forward by Mayor Claudia Frommetta, who insisted that the 2020 Special Directive on Criminal Prosecution Reform (SD) led by Gascone caused a massive increase in crime in Downey Over. is of. last year.

“Data presented by the Downey Police Department show that since the implementation of the SD, the overall rate of Downey criminal cases being dismissed for prosecution by the District Attorney’s Office has increased from 19.3% in 2020 to 40.5% in 2021. An increase of 90.7%. Registering a narcotics violation at the rate,” Mayor Frommata wrote in the resolution.

“DA Gascon’s SD is undermining the criminal justice system’s goal of protecting the rights of the general public and victims.”

According to figures released in August by the Downey Police Department, there were 86 drug offenses in 2021 and Gascon dismissed 78 cases.
Article.

Antelope Valley Times: Veteran prosecutor sues LA County, DA, alleging retaliation

A veteran prosecutor is suing Los Angeles County, alleging he has been defamed, denied promotions and had his fitness to practice law questioned because he has been an outspoken critic of District Attorney George Gascón’s reform directives.

Deputy District Attorney Jon Hatami‘s lawsuit alleges retaliation, race discrimination, defamation and intentional infliction of emotional distress.

A representative for the Los Angeles County District Attorney’s Office declined Tuesday to comment on the complaint filed Friday in Los Angeles Superior Court by Hatami, who is the prosecutor in the case of Jose Cuatro and Maria Juarez, a Palmdale couple charged with murder and torture in the death of their 4-year-old son, Noah.

Hatami was one of two prosecutors in the trial of Isauro Aguirre and Pearl Fernandez, who were sentenced to death and life in prison without parole, respectively, for her 8-year-old son Gabriel‘s death. Hatami also was the prosecutor in the trial of Renoir Valenti, the Lancaster youth soccer coach convicted of molesting 14 boys and sentence to 130 years to life in prison.

When Gascón was sworn in last December, he promised to stop enforcing California’s three-strikes law, end use of the death penalty and create a review board to hold law enforcement officials more accountable. As Hatami has continued to be critical of Gascón’s changes, the alleged hostile work and retaliation toward him has continued, according to his court papers.

 

“Gascón has deliberately denied assigning (Hatami) to complex child abuse and murder cases within his jurisdiction as punishment for not going along with his directives,” the suit alleges. “This in turn impacts (Hatami’s) work and ability to prove himself for desired promotions.”

In August, Gascón promoted 15 deputy district attorneys from grade 3 to grade 4, but excluded Hatami, who was due for the elevation due to his “perfect work records, highly positive performance evaluations and numerous high-profile cases and trials,” according to the complaint.

Gascón said during an interview last Oct. 27 with Crime Story, “Some people will be unhappy and … either become internal terrorists or they’ll leave. And I know certainly how to deal with both,” the suit states. The “racially infused” comment was directed at Hatami, who is part Iranian and whose father is Muslim, the plaintiff alleges.

Article.

Monrovia Now: City Council to Vote on ‘No Confidence’ in DA

At its next meeting the Monrovia City Council will …Consider a vote of “no confidence” in LA County District Attorney George Gascon, essentially for his adopting a policy of dismissing many different criminal charges out of hand, including such charges such as “making criminal threats, trespass and resisting arrest.”

Approximately 25 other cities have passed such a resolution. This vote will come after the council hears a report by Mayor Pro Tem Crudgington and Councilmember Blackburn on their meeting with representatives of the Association of Deputy District Attorneys regarding concerns the city has with the actions of Gascon (https://is.gd/7VI0yr).
Article.

Metropolitan News-Gazette: Cooley Raps DA Over His Amicus Brief in Supreme Court in Support of Defendant

Former Los Angeles County District Attorney Steve Cooley, whose office in 2004 obtained a death sentence for double-murderer Donte McDaniel, has taken to task the county’s present chief prosecutor, George Gascón, for joining in an amicus curiae brief in support of that inmate, whose novel legal proposition, spurned last week by the California Supreme Court, would have resulted in the sentences of about 700 persons being upset.

McDaniel, who was also convicted on two counts of attempted murder and possession of a firearm by a felon, asserted that jurors at the penalty phase in a capital case can recommend the death penalty only if, in making the requisite finding that aggravating factors exist, unanimously agree on which factors came intro play, and make the finding under a reasonable doubt standard.

Joining with Gascón in the brief were the district attorneys of Contra Costa, San Francisco, Santa Clara and San Joaquin counties, as well as former Los Angeles District Attorney Gil Garcetti. Gascón and Garcetti were represented by counsel and the others represented themselves.

Gascón participated in the Oct. 26, 2020 brief—filed eight days before the election in which he toppled then-District Attorney Jackie Lacey—in his capacity as former San Francisco district attorney.

Cooley’s Comment

Cooley said on Saturday, in reference to the brief:

“This undertaking is absolutely inconsistent with the proper and statutory role of a public prosecutor.”

Alluding to Government Code §26540 which provides that “[a] district attorney shall not during his incumbency defend or assist in the defense of, or act as counsel for, any person accused of any crime in any county,” he said:

“Amazingly, the person who would ordinarily enforce the law against a prosecutor representing a defendant is the very person violating that proscription—George Gascón.”

He added that the Los Angeles County Board of Supervisors “is funding this lunacy and other instances of Gascón’s bizarre personnel decisions, retaliation law suits, hostile work environment settlements, and on and on.”

Judges Express Views

Two Los Angeles Superior Court judges also provided comments, each on condition of anonymity.

“I can envision some unusual circumstances in which” it might be “appropriate for a district attorney to join in an amicus brief in support of a criminal defendant,” one judge remarked, giving as examples supporting “a petition for compassionate release, factual innocence, etc.,” but added: “This current effort, though, doesn’t pass the smell test.”

Another jurist contended that “what Mr. Gascón is doing is a disgrace.
Article.

Downey Patriot: DA rejecting most drug cases, city says

DOWNEY – More than 90% of narcotics involved cases taken to the District Attorney’s Office this year have been rejected, according to a report made at Tuesday night’s City Council meeting.

At its meeting this week, the City Council was given insight as to how the city has fared under the controversial directives of Los Angeles County District Attorney George Gascon, who was elected last year.

According to the report – which was presented by Police Captain Leslie Murray – Downey has seen the most impact when it comes to misdemeanor cases.

Under Special Directive 20-07, district attorneys have been directed not to prosecute several misdemeanor charges, touching on varying topics including driver’s license violations, drug and paraphernalia possession, minors in possession of alcohol, public intoxication, trespass, disturbing the peace, loitering, resisting arrest, and criminal threats.

In total, this has led to the rejection of 463, or 40.5%, of the 1143 cases that Downey has submitted to the DA’s office.

Notably, only eight narcotics offenses out of 86 have been filed this year, reflecting a staggering change from the year prior. In 2020, 157 out of 177 narcotics cases were filed.

In addition, none of the city’s 35 drunk in public cases this year have been filed. Disorderly conduct offenses – which include criminal threats and resisting a police officer – are more comparable to a coin flip, as 11 out of 22 those cases have been rejected this year.

Cases having to do with traffic violations are also at about a 50% rejection rate.

Murray would later state that she felt there was a direct correlation with the implementation of Gascon’s directives and the increase in rejected cases.

Article.

Santa Monica Observer: DA Will Not Face a No-Confidence Vote in Santa Monica

A resolution that would have requested Los Angeles County District Attorney George Gascon to follow state law regarding sentencing and bail was pulled by its author, Santa Monica Councilmember Phil Brock, who says he was unable to get support from other council members. The resolution took issue with three policy directives of Gascon’s since he took office: forbidding requests for cash bail, dismissing misdemeanors without conditions, and elimination of nearly all sentencing enhancements.

Now Brock told The Observer he would like to bring the resolution back in a different form, focusing on what he deems the most significant issue. “The 13 motion I introduced cut too broad a stroke, when I wanted to address a central issue, keeping bad guys off the street when they have just committed a crime.” He added, “I am concerned about criminals who are arrested for committing felonies and the district attorney’s office reducing the potential charges to misdemeanors when filing the charges. This has happened numerous times over the past eight months, including several cases within Santa Monica. That is my only concern.”

This would be different from the original resolution, which addressed the misdemeanors Gascon has directed his staff to dismiss. According to Michele Hanisee, President of the Association of Los Angeles Deputy District Attorneys, these crimes include trespassing, disturbing the peace, criminal threats, drinking in public, drug and paraphernalia possession, under the influence of controlled substance in public, public intoxication, resisting arrest, driving without a valid license or with a suspended license, minor in possession of alcohol, loitering, and loitering to commit prostitution. While Gascon is district attorney, individuals may commit these crimes with complete impunity. Police have no reason to intervene and therefore will not.

ARTICLE.

Antelope Valley Press: Palmdale: No confidence in DA

PALMDALE — The City Council joined more than two dozen other cities in registering a vote of no confidence in Los Angeles County District Attorney George Gascón on Tuesday.

The approval of the resolution stating the Council had no confidence in Gascón was a 4-1 vote, with Councilmember Juan Carrillo casting the lone dissenting vote.

The Council a month ago discussed the impact of Gascón’s policies on the City and asked staff to bring back a vote of no confidence resolution for the Council to consider.

 

Gascón was elected in November and immediately set in motion sweeping criminal justice reforms, including a halt to seeking harsher sentences through special enhancements and the elimination of cash bail for any misdemeanor.

Additionally, he directed deputy district attorneys to reject filing 13 types of charges, with some exceptions, including items such as trespassing, driving without a valid or a suspended license, disturbing the peace, resisting arrest, criminal threats, public intoxication, minor in possession of alcohol, loitering, drug possession and under the influence of control substances, according to City Attorney Christopher Beck.

Gascón faces a recall effort and public pushback from many of the deputy district attorneys.

The Palmdale resolution cites Gascón’s policies regarding rejecting filings for certain types of cases, the elimination of cash bail and ending sentencing enhancements for certain crimes as reasons for the vote of no confidence.

“I think it’s a dereliction of duty by the district attorney not to prosecute these crimes,” Councilmember Richard Loa said.

Complete story.

Metropolitan News-Enterprise: Cooley, Others Urge Bonta to Exercise Control Over Gascón

Former Los Angeles County District Attorney Steve Cooley, along with 10 other victims’ rights attorneys and a former Los Angeles Police Department detective have called upon state Attorney General Rob Bonta to exercise his state constitutional authority over the county’s current top prosecutor, George Gascón.

The call for a crackdown on Gascón came in an open letter dated Sunday and publicly released yesterday. It tells the attorney general:

“The residents of Los Angeles County need and deserve a prosecutor who follows and enforces the laws, protects public safety and safeguards victims’ rights. Gascon has abandoned his duties in a wholesale way. As Attorney General and the chief law officer of California, you are obligated to intercede to ensure that the residents of Los Angeles County are equally protected and that the laws are uniformly enforced.”

The letter points to Art. V, §13 of the state Constitution which says, in part:

“The Attorney General shall have direct supervision over every district attorney…in all matters pertaining to the duties of their respective offices, and may require any of said officers to make reports concerning the investigation, detection, prosecution, and punishment of crime in their respective jurisdictions as to the Attorney General may seem advisable.”

The letter also makes note of Government Code §12550 which includes these words:

“The Attorney General has direct supervision over the district attorneys of the several counties of the State and may require of them written reports as to the condition of public business entrusted to their charge.

“When he deems it advisable or necessary in the public interest…, he shall assist any district attorney in the discharge of his duties, and may, where he deems it necessary, take full charge of any investigation or prosecution of violations of law of which the superior court has jurisdiction. In this respect he has all the powers of a district attorney, including the power to issue or cause to be issued subpenas or other process.”

Complete article.