Daily Signal: George Gascon’s Sinking Poll Numbers

If George Gascon, the rogue district attorney for Los Angeles County, had Scooby-Doo as a dog, he would be hearing “ruh roh” around the house a lot these days.

That’s because Gascon’s radical policies are infecting the electorate, and they don’t like it. That’s why there is a recall effort to boot him from office, and a poll that recently came out shows that Gascon is in trouble.

Gascon is an archetype rogue prosecutor: pro-criminal, anti-victim, and anti-police. These rogue prosecutors adorn themselves in poll-tested, feel-good language like “reimagining prosecution” and other devoid-from-reality phrases, like “mass incarceration,” “decarceral” (i.e. which is code for “let everyone out of jail and prison”), and “ending cash bail” and other such blather.

A July 28 poll of 650 Los Angeles County likely voters showed that Gascon is 17 points underwater. In other words, 34% of those surveyed had an unfavorable impression of Gascon, and only 17% had a favorable impression.

But that’s not the only bad news for Gascon. When asked about Gascon’s job performance, 40% of those surveyed disapproved, and only 25% approved. He’s 15 points upside down in this important performance metric.

But it’s these likely voters’ responses to two other questions that should really be concerning for Gascon.

First, after being informed of the pro- and anti-recall Gascon messages, 55% of those surveyed would vote to recall Gascon, while only 23% would vote not to recall him. Here, he is 23 points upside down. Only 13% were unsure.

Complete article.

Metropolitan News-Enterprise: Prosecutor Is on Public Defender’s Payroll, Motion Says

Slated to come before Los Angeles Superior Court Judge Roger Ito this morning is a motion to disqualify the county’s Office of District Attorney from continuing to handle habeas corpus proceedings in a case in which a prosecutor is on loan from the Office of Public Defender and—according to the moving party—remains on its payroll.

The District Attorney’s Office yesterday insisted that it is paying Deputy Public Defender Diana Teran but declined to say when that began.

The disqualification motion was made by attorney Kathleen Cady of the Dordulian Law Group on behalf of the children of the victims of a slaying during the course of a robbery 25 years ago. The man convicted of the crimes, Samuel Zamudio, is contesting his death sentence.

Recusal is sought of the entire District Attorney’s Office or, at the least, ejectment from the case of prosecutor Teran—who is being paid $218,042.04 per year by the Public Defender’s Office, according to information provided by that office to the Dordulian Law Group in response to a Public Records Act (“PRA”) request—and Deputy District Attorney Shelan Joseph, a former deputy public defender.

Question Posed

The District Attorney’s Office was queried in an email as to Cady’s allegation. It was asked:

“If it is not true that Ms. Teran is being paid by the Public Defender’s Office, and she is being paid by the DA’s Office, when did she go on the DA’s Office payroll?”

The media relations department provide a statement from Alex Bastian, special advisor to District Attorney George Gascón, advising:

“Ms. Teran’s salary comes out of the LADA’s office budget.”

There was no response to a follow-up question pressing for when this came about, conceivably having occurred after the recusal motion was served.

Bastian also said:

“Due to Ms. Cady’s lack of notice in her filing earlier this week, the parties have requested a continuance to respond to her motion in writing. More details will be provided in our response to the court. Ms. Cady’s motion lacks merit and we are confident it will be denied.”

Cady related yesterday that she anticipates Ito will grant a continuance at today’s session. She noted that the District Attorney’s Office has expressed a preference for an Aug. 25 hearing.

Full article.

Washington Times: Facing possible recall, Los Angeles district attorney underwater in latest poll

Los Angeles County District Attorney George Gascon would lose a recall election if it were held today, according to a late July poll commissioned by a group that is trying to make such an outcome possible.

By nearly 40 percentage points — 61.4% to 21.5% — voters said they would prefer someone other than Mr. Gascon to serve as the top prosecutor in California’s most populous county, the survey conducted by J. Wallin Opinion Research found.

“The clear takeaway is that George Gascon is rapidly losing support less than a year after being elected, and that a recall would overwhelmingly pass if it were held today,” said Tim Lineberger, a spokesman for the Recall George Gascon campaign. “The voters of Los Angeles County disapprove of Gascon, his job performance and extreme policy agenda that puts violent criminals first, and places victims in the back of the line.”

Full article.

Metropolitan News-Enterprise: Two Deputy DAs Sue Over Alleged Whistleblower Retaliation

Two prosecutors are suing Los Angeles County for whistleblower retaliation, claiming they are being penalized for refusing to adhere to unlawful policies instituted by District Attorney George Gascón.

The plaintiffs, in separate actions filed Wednesday, are Head Deputy Shawn Randolph and Assistant Head Deputy Lesley Klein Sonnenberg. Each is represented by Beverly Hills attorney Gregory W. Smith and others in his office.

At the time Gascón took office on Dec. 7, Randolph was head deputy in charge of the office’s Juvenile Division, supervising about 50 attorneys and 50 laypersons. On his first day in the job, he issued a spate of special directives, one of which, 20-09, concerned the prosecution of juvenile offenders.

Randolph balked at following the directive and in retaliation, she alleges, she was transferred to the Parole Division, which her complaint describes as “a dead-end position for a Head Deputy.”

Complete article.

KFI AM 640: Second Deputy DA Alleges Retaliation for Protesting DA Directive

LOS ANGELES (CNS) – A second veteran prosecutor in as many days is suing Los Angeles County, alleging she has suffered a backlash by being transferred to a less prestigious job for complaining about directives set forth after the November election of District Attorney George Gascon.

Deputy District Attorney Lesley Klein Sonnenberg’s lawsuit was brought Wednesday, a day after a similar complaint was filed by Deputy District Attorney Shawn Randolph. Both Los Angeles Superior Court suits seek unspecified damages.

A spokesman for the District Attorney’s Office said after the Randolph filing that the agency could not comment on pending litigation.

At the time of Gascon’s election, Sonnenberg was the assistant head prosecutor in charge of the District Attorney’s Office’s Family Violence Division, according to her suit.

After Gascon was sworn into office on Dec. 7, he released a directives requiring prosecutors in the Family Violence Division to stop filing sentencing enhancement strikes against rapists and violent domestic abuse suspects, even though they are required to be brought under the state Penal Code, the Sonnenberg suit states.

In late December, Sonnenberg prepared a document entitled “Justification for Filing Strikes” in which she explained why she refused to adhere to Gascon’s policies and disclosed to him that she would continue to file strikes against repeat offenders, the Sonnenberg suit states.

In January, Sonnenberg sent Gascon an email stating that he was relying on faulty statistics to support his belief that long prison terms created higher recidivism rates and she provided him with multiple studies that contradicted his “unlawful approach to prosecution,” according to the Sonnenberg suit.

Sonnenberg believes her complaints to Gascon resulted in her not being selected for a promotion to acting head deputy of the Family Violence Division in January and later to the permanent head prosecutor position in April, which was instead given to someone less qualified, according to the Sonnenberg suit.

Sonnenberg was transferred to Consumer Protections Division, a “dead-end position” for her because she has no experience in civil law or in the civil courts, the Sonnenberg suit states.

“Plaintiff was transferred into a position in which she was literally a duck out of water,” the Sonnenberg suit states. “After decades of learning criminal law and procedure, and close to retirement, plaintiff is now in a position that she does not fully understand and at which she will certainly not excel.”

Complete article.

SLO County: Following Robbery of Senator Boxer, DA’s Call for Withdrawal of Dangerous Petty Theft Legislation

Message from District Attorney Dan Dow

Dan Dow announced today that he, along with his colleagues in the California District Attorneys Association, publicly call for withdrawal of Senate Bill 82 because it is absurdly unsafe for Californians.

There was nothing petty about what happened to former U.S. Senator Barbara Boxer yesterday—it was a violent robbery, and it was awful. This crime occurred in broad daylight in Oakland’s Jack London District, a popular tourist destination that also happens to be in the California Senate District of Senator Nancy Skinner. The same Senator who proposed declaring such horrific crimes to be misdemeanor petty thefts under SB 82.

Make no mistake, this was a strong-arm robbery of an 80-year-old grandmother. Fortunately, she was not seriously injured. While Senator Boxer is prominent and a household name due to her lengthy tenure in Congress, there are countless other lesser- known victims who have endured similar attacks. To be clear, all these victims were subjected to a violent crime, and it would be a terrible insult to minimize their trauma by calling it misdemeanor petty theft—a low-level offense that is eligible for diversion. Recent reforms have gone too far—it is time to withdraw SB 82. This is a reckless proposal that only encourages lawlessness.

“This is exactly why I am opposing the ridiculous bill,” said San Luis Obispo County District Attorney Dan Dow.  “Downgrading a violent robbery to a petty theft is legislative malpractice.  It will encourage violent behavior and make our community more dangerous.”

In March of this year, District Attorney Dow sent a letter to the California Senate Public Safety Committee in strong opposition to SB 82 and encouraged them to refocus on the needs of victims and survivors of crime.  To view that letter and press release, click here.

Please contact Assistant District Attorney Eric J. Dobroth at 805.781.5819 with any questions.

The California District Attorneys Association is a statewide training and advocacy organization representing elected district attorneys, city attorneys with criminal divisions, and more than 3,500 prosecutors.

KFI AM 640: Deputy DA Alleges Retaliation for Protesting DA’s Juvenile Directive

LOS ANGELES (CNS) – A veteran prosecutor is suing Los Angeles County, alleging she has been denied important positions in retaliation for complaining about directives set forth after the November election of District Attorney George Gascon.

Deputy District Attorney Shawn Randolph’s Los Angeles Superior Court lawsuit, filed Tuesday, seeks unspecified damages.

A representative for the District Attorney’s Office did not immediately reply to a request for comment.

At the time of Gascon’s election, Randolph was the head prosecutor in charge of the District Attorney’s Office’s Juvenile Division, in which she supervised about 50 lawyers and 50 civilian workers, the suit states. On Feb. 1, she was transferred the parole division, a “dead-end position for a head deputy,” the suit states.

Randolph was denied transfers to head the District Attorney’s branch offices in Torrance and Long Beach Superior Courts even though she was the most qualified applicant for each position, the suit states.

After Gascon was sworn into office Dec. 7, he released numerous directives, including a policy that, among other things, mandated that Randolph use alternative theories of prosecution that minimized a juvenile’s criminal conduct, no matter how violent the offenses, the suit states.

“In essence, plaintiff was directed not to file strike offenses against juveniles and this directive creates a false and misleading description to the court of the crimes that were actually committed,” the suit states.

Complete article.

ABA Journal: LA district attorney’s past drives his push forward for reform

Los Angeles District Attorney George Gascón knows how to cope with controversy. He faced it as police chief in Mesa, Arizona, when he clashed with Sheriff Joe Arpaio and his hardline immigration policies. And as San Francisco’s top prosecutor, he riled law enforcement groups after pushing for a host of reforms.

Even so, more than seven months into Gascón’s new job as LA’s top prosecutor, resistance to his policies has reached dizzying peaks. Since beating the incumbent district attorney, Jackie Lacey, in the November 2020 general election, the 67-year-old faces a court challenge from the union that represents his own prosecutors and a recall effort that is gaining steam. With the national push for reform and rising gun violence and homicides in the foreground, advocates are watching closely to see how the high-stakes battle plays out.

Gascón wasted no time shaking things up. Soon after his December 7 swearing in, he announced sweeping directives to reduce prison terms, including thousands of old cases involving murder and other violent crimes as well as reforms to end cash bail and the death penalty. His stance as the “godfather of progressive prosecutors” has pleased activists who are among the 2 million-plus voters who chose him to head the largest district attorney’s office in the nation.

But the victims’ families leading the recall effort say Gascón is abusing the powers of his office. Desiree Andrade, a campaign organizer and spokesman for the Recall George Gascón campaign, is a registered Democrat. Andrade’s son Julian, then 20, was kidnapped then tortured and murdered in 2018. She says because of Gascón’s policies, her son’s killers will be eligible for parole rather than facing life in prison.

“You, George Gascón, have put criminals before victims. I truly believe you have confused your role as a district attorney and a public defender,” Andrade said at a May press conference to formally start a signature-gathering effort that has a long shot chance of leading to a recall election in 2022.

Los Angeles County Sheriff Alex Villanueva is one high-profile politician who joined the recall effort by adding his name to the petitions. The campaign will need 597,000 verified signatures by October for a recall election. Meanwhile, more than two dozen cities in California have given Gascón a vote of no confidence.

Amid the recall effort and the lawsuit, Gascón remains unfazed. He blames the pushback on old ways of thinking about the criminal justice system, particularly among prosecutors within his own office.

“They are addicted to high levels of incarceration and punishment,” Gascón says of the staff members who oppose his reforms. “They view themselves as the thin line between chaos and safety, and they think the best way they can help the community is by being punitive in their approach.”

Complete article.

Daily News: La Verne leaders declare no confidence in LA County DA

La Verne has become the latest city to issue a vote of no confidence in Los Angeles County District Attorney George Gascón.

In a 3-2 vote Monday, July 19, the City Council agreed to condemn directives from the District Attorney’s Office, calling the policies a risk to public safety. Councilmember Wendy Lau and Muir Davis vote against the resolution.

La Verne becomes the 24th city in the county to pass a no-confidence vote targeting the DA. Last week, the San Dimas City Council voted 4-0 to approve a similar resolution, joining cities including Walnut, Norwalk and La Habra Heights that have recently taken no confidence votes.

Many of these cities have cited the DA’s polices — eliminating cash bail for misdemeanors and nonviolent offenses, taking the death penalty off the table in all cases, and eliminating sentencing enhancements — as reasons for their votes of no confidence. The votes are symbolic and do not impact the DA’s office.

Complete article.

Daily Bulletin: San Dimas leaders have ‘no confidence’ in LA County DA

With little comment at a meeting earlier this week, the San Dimas City Council cast a vote of no confidence in Los Angeles County District Attorney George Gascón.

In a 4-0 vote Tuesday, July 13, San Dimas leaders approved a resolution calling out directives from the District Attorney’s Office, which they described as “detrimental to the city.” Councilmember Eric Weber was absent from the meeting.

“DA Gascon’s reforms are eliminating key components of the criminal justice system itself, undermining law enforcement’s ability to effectively police our communities, and dismantling the rule of law in Los Angeles County,” the resolution read.

San Dimas is the 23nd city in the county to pass a no-confidence vote targeting Gascón. In La Verne, the City Council there is set to consider a similar action against Gascón on Monday, July 19.

The other cities that have adopted similar resolutions include Arcadia, Azusa, Beverly Hills, Covina, Diamond Bar, Hidden Hills, Lancaster, La Habra Heights, La Mirada, Manhattan Beach, Norwalk, Palos Verdes Estates, Pico Rivera, Redondo Beach, Rosemead, San Gabriel, Santa Clarita, Santa Fe Springs, Temple City, Torrance, Walnut and Whittier.

Many of these cities have cited the DA’s polices — eliminating cash bail for misdemeanors and nonviolent offenses, taking  the death penalty off the table in all cases, and eliminating sentencing enhancements — as reasons for their votes of no confidence. The votes are symbolic and do not impact the DA’s office.

Complete article.