New San Francisco DA sworn in

SAN FRANCISCO -- A day after former public defender Chesa Boudin was sworn in as San Francisco's new district attorney, federal prosecutors in partnership with the city's police held a press conference announcing charges against two defendants accused of a gang murder that the DA's office had not brought to trial.

Appearing with U.S. Attorney David L. Anderson, San Francisco Police Chief William Scott said the decision was made to collaborate with the U.S. Attorney's Office after the district attorney's office, formerly headed by George Gascon, elected not to pursue murder charges.

Scott said he appreciates having "options to have the ability to hold people accountable."

The San Francisco DA's office declined to charge one of the men with murder but sought firearms charges. It did not pursue charges against the other man.

The case was transferred to federal court after Anderson's office brought a superseding indictment. U.S. v. Manning, Coats, CR-1900313 (N.D. Cal., filed Dec. 17, 2019).

The federal indictment illustrates a possible continuing tension between federal and local prosecutors in San Francisco, where Anderson has also begun a campaign to crack down on the drug trade in the Tenderloin district.

Anderson's federal indictment accuses the two defendants of not only being members of a street gang, but also murder involving firearms, allegations that could result in longer sentences or the death penalty if the men are convicted.

In contrast, Boudin declared on his campaign website, "This mechanism, known as a 'gang enhancement,' is racist, ineffective, and unnecessary."

In his inaugural speech after being sworn in by San Francisco Mayor London Breed on Wednesday night Boudin committed to immediately ending cash bail, said his prosecutors would stop seeking three-strikes sentencing enhancements and create a first-of-its-kind immigration unit that will review penalties called "collateral consequences" in charging decisions, which can result in deportation if the criminal is convicted.

"Today, we end racist, punitive sentencing enhancements that punish people for who they are, where they live or something in their distant past rather than the harm they caused," Boudin said in his speech. "Three strikes ends now in San Francisco. These enhancements have added years and decades to prison sentences. These 'tough on crime' enhancements, borne of an age when children were referred to as 'super predators,' has destroyed communities, taking fathers, mothers, brothers, husbands, and sisters away from their loved ones. These sentences have not improved public safety. There is no evidence they deter crime. They do not rehabilitate those convicted. They do not heal victims."

At his press conference Thursday morning, Anderson praised the gang murder indictment as what could be a mutually beneficial partnership with local authorities when there is "no obstacle to full and complete cooperation." He criticized San Francisco for implementing sanctuary city policies that limit cooperation with federal law enforcement and for a 2017 decision to suspend participation in the FBI Joint Terrorism Task Force.

"We are all safer when federal and local law enforcement are allowed to work together," he said. "Cases clear faster when we remove obstacles to cooperation. There is no greater contributor to public safety than professional investigations and prompt charging decisions."

Asked by reporters for comments on the new district attorney, Anderson said, "I find Boudin to be smart, serious, thoughtful and, of course, he is the person the voters of San Francisco chose, and I look forward to working with him."

Scott then came to the microphone and responded to the same questions, "Four years from now, we may have a district attorney that decides to do things a different way. The law changes and people change, but we're going to keep doing what we're doing."

Telling the story of his childhood, visiting his parents, Kathy Boudin and David Gilbert, in prison after their convictions for participating in an armored car robbery that left two police officers and a security guard dead, Boudin emphasized his view that neither of them had personally killed anyone. His mother was in the audience. His father remains in prison.

"Thank you both," Boudin said. "Your lives instilled in me lessons that continue to guide me, to give me clarity. You taught me that we are all more than our worst mistakes, that taking responsibility for our lowest moments requires dignity and courage."

Boudin said the DA's office "will stop filing cases that arise from illegal searches following a minor traffic violation. ... Stop and frisk -- whether done while walking down the street or while driving -- is a civil rights violation."

He promised to clear backlogs to bring closure to victims, crack down on auto burglaries, and support diversion programs for defendants who are primary caregivers for children.

"Our criminal justice system is failing all of us," Boudin said. "It is not keeping us safe. It is contributing to a vicious cycle of crime and punishment."

Staff Writer Jessica Mach contributed to this story.