LA deputy DAs get hearing to argue legality of Gascón's orders

Los Angeles County District Attorney George Gascón and the prosecutors suing him claimed victory Wednesday after the deputy DAs association withdrew a temporary restraining order request and were granted a hearing to argue the legality of directives they've been given to stop seeking sentence enhancements for serious crimes.

On behalf of the Association of Deputy District Attorneys for Los Angeles County, Eric M. George of Browne George Ross O'Brien Annaguey & Ellis LLP filed a lawsuit Wednesday seeking, among other things, a restraining order to enjoin Gascón's orders prohibiting prosecutors from recommending extended prison sentences under the Three Strikes Sentencing Initiative, gang membership, gun possession and other laws.

The prosecutors have said they have been forced to choose between disobeying the law and their moral conscience or disobeying the head of the office. In several cases, they have said judges harangued them for not doing their duty to victims and the public when they made the motions Gascón ordered.

Following a court hearing Wednesday, Gascón issued a statement praising Los Angeles County Judge David J. Cowan for "declining to issue" a temporary restraining order, saying, "I commend the court for its decision today."

The prosecutors' association, and a copy of Cowan's order, reflected a different view of the events. Cowan ordered Gascón and his office "to show cause why an injunction should not be issued," and set a briefing schedule for a hearing on Feb. 2. The association said it "voluntarily withdrew its request for a temporary restraining order," and noted Cowan's order contained no denial of the original request. Association of Deputy District Attorneys v. George Gascón, 20STCP04250 (Cal. Sup. Ct., filed Dec. 30, 2020).

The lawsuit underscores a growing tension between Gascón and his deputies and victim rights advocates who say the DA's directives are not only not in the interest of justice but illegal.

"Los Angeles County prosecutors have been placed in an impossible position," association Vice President Eric Siddall said in a statement. "Do we follow our legal and ethical responsibilities and risk getting disciplined, even fired, by our new boss? Or do we follow his policy directives and risk losing our California State Bar cards and, by extension, our ability to practice law anywhere in the state?"

Gascón in his statement said enhancements and strike allegations have never been shown to enhance safety.

"In fact, studies have shown excessive sentences exacerbate recidivism and create more victims in the future," Gascón said. "For these reasons, as your elected district attorney, I have asked deputy district attorneys entering an appearance 'for the people' to end excessive sentencing practices. Data shows these harsh tactics compromise our community's long-term health and safety, create more hardened criminals and victims, and therefore are not in the interests of justice."

The lawsuit was filed despite Gascón walking back portions of his special directive earlier this month. In memo sent to his deputies, Gascón said: "After listening to the community, victims, and my deputy district attorneys, I have reevaluated Special Directive 20-08 and hereby amend it to allow enhanced sentences in cases involving the most vulnerable victims and in specified extraordinary circumstances. These exceptions shall be narrowly construed."

Enhancements based on hate crimes, elder and dependent adult abuse, child physical abuse, child and adult sexual abuse, and human sex trafficking allegations, were among the ones Gascón had previously ordered his deputies to file motions to dismiss. However they are no longer required to do so.

Hundreds of members of the "Recall George Gascón," Facebook group announced a candlelight prayer vigil outside the Hall of Justice at 7 P.M. Thursday. The Facebook group was created Dec. 9, and as of Wednesday had at least 35,000 members. Expected to speak at the vigil is Deputy District Attorney Jon Hatami of the family violence division, who told a judge earlier this month that he would not seek dismissal of sentence enhancements for a criminal defendant accused of torturing to death her 4-year-old daughter.

Another group, called Crime Survivors for Safety and Justice, issued a statement defending Gascón's directives, saying sentence enhancement laws enacted in California over the past several decades have not increased public safety.

"We must hold people accountable, but we also must prioritize investments in more effective, proven public safety strategies like prevention, treatment and making sure crime survivors have the help they need to heal," organization director Tinisch Hollins said. "Victims deserve better than a tough on crime approach that has never made us safer, and District Attorney Gascón should be commended for not yielding to the defenders of a failed system and casting a vision that will increase safety in Los Angeles County and across California."