A judge ruled mostly in favor of the Association of Deputy District Attorneys for Los Angeles County in a petition brought against Soros-funded District Attorney George Gascon.
The judge said he cannot order his prosecutors to ignore laws that the union says protect the public, including three-strike allegations and sentencing enhancements.
L.A. Superior Court Judge James C. Chalfant heard arguments on Feb. 2 on the union’s motion for a preliminary injunction, then took the case under submission before granting it in large part Monday.
The union hailed the judge’s decision, saying it was based “on what the law is and not what an officeholder thinks it should be” when it comes to sentencing repeat offenders.
ENHANCEMENTS MIGHT BE OUT
However, sentencing enhancements appear to still be out in part, according to Gascon’s lawyer.
A Gascon directive that calls for dismissing, withdrawing or not filing special circumstance allegations that could result in a life prison sentence without the possibility of parole for defendants charged with murder is among those targeted in the petition, which also challenged Gascon’s directive to dismiss gang enhancements and firearm allegations that can add more time to prison sentences.
Some judges have refused to dismiss the special circumstance allegations or to allow prosecutors to file an amended complaint that doesn’t include them in cases that were filed before Gascon was sworn into office.
“The touchstone of prosecutorial discretion is the exercise of case-by-case discretion, which (Gascon’s) special directives expressly, intentionally and undisputedly prohibit,” the union’s lawyers state in their court papers. “Those directives are thus unlawful.”
Attorney David J. Carroll, on behalf of the union, told Chalfant during arguments that ordering prosecutors to do things that they believe would violate the law as well as their statutory duties is wrong and would put them in danger of committing an ethical violation. He also said it is inappropriate to make deputy district attorneys argue something is unconstitutional when they know it is not.
Gascon also tried to prevent the lawsuit in the first place.
THEY’RE POOR, IT’S RACISM, LET THEM DO WHAT THEY WANT
In his response on Twitter, Gascon wrote in part:
“On November 3, more than 2 million people in Los Angeles County voted for a system of justice based on science and data, not fear and emotion.”
“Nevertheless, I never had any illusions as to the difficulty and challenges associated with reforming a dated institution steeped in systemic racism.”
Did Angelenos vote for a scientist, which he’s not, or for a law enforcement officer? In any case, there is no science behind what he is doing. The systemic racism we see today is against whites and Asians.
There are too many criminal justice cases where Blacks do not have decent lawyers or other advantages. That can be addressed without tearing the whole system down and making broad, irrational allegations.
Gascon intends to appeal and says. “We can no longer afford – morally, socially, or economically – to justify tough-on-crime policies in the name of victims when a majority of the survivor community supports rehabilitation over excessive sentences.”
The LA DA is the person who convinced George Soros to buy DA races. Gascon has been ordering the release of murderers and attempted murderers. He won’t let prosecutors attend hearings for the worst of the worst and parole boards are releasing child rapists and killers as a result.
He single-handedly ruined San Francisco:
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