Unless crime rates drop, the Battle of Gascón will continue

District Attorney George Gascón was elected on promises that he would reform and reshape the justice system in Los Angeles, the largest district attorney's office in the country. To keep this promise, Gascón handed down special directives to each of his deputy district attorneys on matters related to sentence enhancements, strikes, and even prohibiting minors from being charged as adults for violent crimes. He vowed to put an end to the death penalty in Los Angeles County. Complaints have been made that these directives go against the laws he swore to uphold and bypass the legislative process.

Gascón's vision for the future of the justice system in Los Angeles involves a reexamination of what it means to be a crime victim. According to Gascón, victims are not just those targeted by criminals. They are also defendants of color from disenfranchised communities, who fall into a criminal justice system that historically has more heavily policed poorer communities than wealthy ones. They are commonly the people who are wrongly killed, targeted or injured by police. Some are teenagers who have been charged as adults in court -- even those accused of horrifically violent crimes.

Gascón wants to provide a more holistic approach to criminal justice where the interests of victims and defendants are considered when striving to keep communities safe. He is attempting to find a balance between incarceration and rehabilitation, retributivism mixed with utilitarianism.

"I believe that as a DA, we are the people's lawyer," he said. "We certainly represent the community and not a single victim. So, when we are prosecuting cases, or we are applying our discretion, we should do so through the lens of what is best for our entire community."

Since the signing of these directives, more than 100 enhancements have been dropped, including one that elevated a hate crime from a misdemeanor to a felony. Social pressure from victims' families and a pending lawsuit by the Los Angeles prosecutors' union persuaded Gascón to reinstate enhancements in cases involving children and people targeted because of their race, sexual orientation or disabilities. Association of Deputy District Attorneys for Los Angeles County v. Gascón, 20STCP04250 (L.A. Super. Ct., filed Dec. 30, 2020). In addition, the county as a whole has seen a 22% increase in murders over the same period in 2020, with 600 people having been struck by gunfire in shootings, a 59% increase.

Questions have been raised whether Gascón's methods benefitted the county more than the trouble they created. For the Association of Deputy District Attorneys, the answer is a resounding no.

The union sued Gascón in Los Angeles County Superior Court for injunctive relief over the new directives aimed at reforming how justice is carried out in the county. The suit aims to put an end to the prohibition that Gascón has put on the practice of seeking prior felony conviction enhancements, which often includes the possession of, or brandishing of a firearm, gang affiliations and violating the "three strikes" law -- all of which lengthen the sentence when a defendant is convicted. The union argues in the suit that the deputy district attorneys cannot follow the directives violating the state penal code. See Cal. Penal Code Section 12022.53. The union also issued a statement explaining how these new directives violate law by creating a blanket policy for mandatory dismissals of prior "strike crimes" when, under current law, those dismissals are intended to be based on individual circumstances.

While Los Angeles Superior Court Judge James C. Chalfant has mostly ruled in favor of the union, the suit is presently on hold pending an ongoing appeal of a preliminary injunction issued in February.

Seventeen cities have issued resolutions of no confidence against Gascón, including San Gabriel, Santa Clarita, Beverly Hills, Pico Rivera, Whitter, La Mirada, Covina, Rosemead, Azusa, Santa Fe Springs, Diamond Bar, Redondo Beach, Arcadia, Manhattan Beach, Temple City, Palos Verdes Estates and Lancaster.

Pico Rivera Councilman Erik Lutz stated, "First and foremost, the community's safety is important. We felt that we needed to send out a message regarding these special mandates and directives, that they're not in the best interest of the community as a whole." Lutz sees the efforts of the cities as an opportunity for Gascón to reform his present policies and avoid being recalled. Lutz expressed his concern that criminals are taking advantage of the loosened policies. With cities across Los Angeles County holding city council meetings to discuss Gascón's progress thus far, residents have been calling in to voice their disappointment in the recently elected DA.

The resolutions are symbolic only. The city councils in the various cities have no control over Gascon's actions, particularly because he is county elected official.

Additionally, there are a number of judges who have been defying the directives. Last month, Los Angeles Superior Court Judge Rob B. Villeza issued an order holding that Gascón's policy preferences alone are insufficient to warrant dismissal of enhancements in a case involving a double homicide by a gang member. People v. Gonzalez, KA117722 (L.A. Super. Ct., filed. May 24, 2021).

The victims' families in the Gonzalez case retained attorney Kathy Cady of Dordulian Law Group to convince Judge Villeza to reinstate the enhancements. Typically, such advocacy on behalf of the victims' families is done by the DA's office -- but Gascón has prohibited deputy district attorneys from appearing at these hearings and advocating for enhancements.

An effort to recall Gascón is underway

Gascón got elected by promising voters he would do exactly what he is doing. In passing no-confidence resolutions, the 17 city councils are doing what their constituents want them to do. The irony is that these voters are largely part of the same electorate.

Is there a middle ground for Gascón and the local representative agencies? Both sides believe they are in the right with the end goal of reducing crime. Unless crime rates decrease soon, this struggle will continue. 