New LA DA pledges resentencing of 20,000 prisoners

By Tyler Pialet

New Los Angeles County District Attorney George Gascón pledged Monday to “turn the tide of mass incarceration” by ending use of the death penalty, sentence enhancements and money bail, and announced a slate of other policies that will quickly put his ambitions for shaking up the criminal legal system to the test.

He sent letters to prosecutors in his office and members of law enforcement on Monday advising them of the sweeping changes they should expect from him. In his letter to law enforcement, Gascón said “the outcomes you may be accustomed to when you present some types of arrests will change.”

Beginning Tuesday, Gascón said his prosecutors will decline to file charges in most low-level misdemeanor cases, end the practice of prosecuting juveniles as adults and will commit to re-sentencing those on death row to life in prison.

In an effort to begin phasing out the use of cash bail, which he said he formally plans to eliminate by Jan. 1, 2021, defense attorneys who represent clients currently detained pretrial who are accused of any misdemeanor and non-violent felony crimes can immediately calendar a hearing to withdraw bail for their clients. Gascón said his office will not contest their release.

“This means that hundreds of individuals behind bars today will be eligible to get their freedom back tomorrow,” Gascón said. And this is just a first step.”

“Our system of money bail is as unsafe as it is unjust,” he added. “How much money you have in your bank account is a terrible proxy for dangerousness.”

The former San Francisco County DA was virtually sworn in as the 43rd top prosecutor for Los Angeles County, where he spent nearly three decades as a police officer, by Superior Court Judge Lucy M. Armendariz. He joins a wave of so-called progressive prosecutors who in recent years have sought to redefine the role of a district attorney by implementing policies aimed at reducing the number of criminal prosecutions in favor of alternative justice programs.

“Whether you are a protester, a police officer or a prosecutor, I ask you to walk with me,” Gascón said in accepting the oath of office. “We can break the multi-generational cycles of violence, trauma and arrest and recidivism that has led America to incarcerate more people than any other nation.”

On the campaign trail, Gascón said he planned to reopen the cases of at least four fatal police shootings of unarmed civilians to determine whether criminal charges are warranted against the officers involved. In building on that promise, Gascón said Monday he will convene a Use of Force Review Board composed of policing experts, civil rights attorneys and community members that will review fatal use of force cases dating back to 2012.

Gascón also said victims of crime will no longer be required to testify against perpetrators in order to receive victims’ services.

“It is unconscionable that we have forced victims to testify against another in order to recognize their trauma,” Gascón said.

Citing the Memorial Day death of George Floyd, Gascón also said victims’ services would be immediately extended to the families of those killed by police.

Prosecutors in LA County will no longer file gang enhancements and three-strike allegations, and Gascón has directed his deputies to dismiss those allegations in any pending matters at their next court appearances.

“These policies yield no benefit to public safety,” Gascón said of sentence enhancements. “They undermine rehabilitation. They increase racial and other inequities in our justice system. And they decimate families and communities.”

Stating that 50% of all those sentenced in LA County are rated low-risk offenders by the prison system, Gascón also said he will prioritize cases for resentencing for nearly 20,000 prisoners.

“The role of a district attorney is not just to correct our path by ensuring future justice, because the pursuit of justice must be timeless,” Gascón said. “And that is why we will work to correct the injustices of the past.”