LA DA issues new directives, deputies disagree

LOS ANGELES -- District Attorney George Gascón issued new directives Wednesday to conform to a judge's ruling that he could not implement a blanket policy that would effectively prevent prosecutors from seeking sentence enhancements provided under California law.

Gascón said he would also appeal Superior Court Judge James C. Chalfant's 43-page ruling.

"It should be noted that, except for the mandatory provisions of the Three Strikes law mentioned below, the preliminary injunction does not affect office policy restricting the filing of sentence enhancements in new cases," Gascón wrote to his deputies. "Thus, deputies are still prohibited from filing any other sentence enhancements, except as provided in Special Directive 20-08.2."

Gascón also said they should not refile enhancements that were dismissed over the past 21/2 months.

Deputy district attorneys who have criticized Gascón said the judge's order was more extensive than the district attorney stated in his memo.

The preliminary injunction will not enjoin the district attorney from preventing deputy district attorneys from charging sentencing enhancements in new cases where not required by the three strikes law. Association of Deputy District Attorneys v. George Gascón, 20STCP04250 (Cal. Sup. Ct., led Dec. 30, 2020).

Meanwhile, one prosecutor who has been critical of Gascón's policies, John Hatami, announced at a news conference Wednesday that he intends to sue his boss for slander. Gascón, through a spokesman, called Hatami "delusional," in a news program.

Hatami's suit is separate from the one filed by his union, the Association of Deputy District Attorneys for Los Angeles, which challenged Gascón's policies and led to Chalfant's ruling.

Hatami was joined in front of the Hall of Justice building in Los Angeles by his attorney, Brian Claypool, to announce the filing of a claim for damages against Gascón and his spokesman, Maxwell Szabo, who was part of Gascón's campaign and transition teams.

Hatami said that on Dec. 17, Szabo stated, and displayed through a PowerPoint on Fox 11 News, that, "It seems Mr. Hatami has made a profound discovery rather late in his career. Like any other workplace, if you don't do what your boss tells you to do, you may be disciplined."

Szabo went on to say, "Hatami's delusional theories raise questions as to one's fitness to practice law," according to a claim filed with the county Board of Supervisors on Monday. That action allows Hatami to file a lawsuit against Gascón and the DA's office in 45 days.

Gascón and many of his deputies have been at odds since he took office in December and implemented new policies that required prosecutors to seek dismissals of enhancements that would add time to prison sentences for certain crimes.

In ruling for the deputies union, Chalfant wrote that forcing prosecutors to seek dismissal of sentence enhancements and to state in open court that doing so was in the interest of justice was unlawful.

"I believe that the ruling of an independent judge has confirmed some of my beliefs about that but I think that calling me 'personally unfit to practice law,' is way over the top for saying I disagree with somebody," Hatami said Wednesday. "Even calling me 'delusional;' I haven't called the DA or Max Szabo or anybody names. I have gone out and said I disagree with them, and here are the reasons why."

Asked how much Hatami will be seeking in damages, Claypool said, "We will be seeking seven figures in compensation for this lifelong defamation, carried on by Gascón against Jon Hatami. He's basically ruined the rest of his career."

In a statement, the DA's office said it was unable to comment on personnel matters and on potential litigation.