Criminal
Nov. 9, 2021
DA refuses to present evidence, confessed murderer released
At a juvenile disposition hearing a prosecutor is tasked with presenting evidence to the court to enable the judge to determine the appropriate sentence, but Deputy District Attorney Alisa Blair, refused to present that evidence, forcing the judge’s hand to release Cachu, according Cady, now with Dordulian Law Group in Glendale.
A Los Angeles County prosecutor refused to present evidence against a 24-year-old convicted murderer, forcing a juvenile judge to free him and leaving the victim's family feeling abandoned by the justice system, their attorney said Monday.
"The victim's family is devastated and feels abandoned by their District Attorney George Gascón," said retired LA County prosecutor Kathy Cady, who now represents the family.
Andrew Cachu, an admitted gang member, was two months shy of his 18th birthday when he confessed to shooting Louis Amela, 41, in the back while stealing his bicycle in 2015 and was sentenced to 50 years in prison. People v. Cachu, MA066123, (L.A. Super. Ct., filed May. 29, 2015).
The 2nd District Court of Appeal reversed the sentence and remanded the matter to the juvenile court. People v. Cachu, B279334 (Cal. Ct. App. Nov. 27, 2017).
At a juvenile disposition hearing a prosecutor is tasked with presenting evidence to the court to enable the judge to determine the appropriate sentence, but Deputy District Attorney Alisa Blair, refused to present that evidence, forcing the judge's hand to release Cachu, according Cady, now with Dordulian Law Group in Glendale.
"Her actions were reprehensible and the policies put in place by Gascón don't hold juvenile offenders accountable for their actions," Cady said in a phone interview Monday.
Los Angeles County Superior Court Judge Brian C. Yep "stated during the hearing that Blair's actions were intentional and her refusal to put on evidence left him with no legal ability to do anything other than release Cachu," according to a statement released by Cady on Monday.
"Gascón's policies have resulted in dangerous individuals being released from custody and have empowered minors to commit crime with little fear of consequences," Cady wrote. "His policies also provide a false narrative and misleading statistics that juveniles are not committing dangerous or violent crimes. Victims of crime demand justice."
The Los Angeles County Sheriff's Department tweeted the following statement Monday: "Former deputy public defender Alisa Blair, now a deputy district attorney hired by DA George Gascón, refused to request a juvenile transfer hearing and the defendant who was previously sentenced to 50 years for murder is set to be released."
Jail telephone transcripts from May 10, 2021 show a conversation between Cachu and his mother, Bertha Cachu, saying she had been in touch with Blair and believed she would free Cachu.
Court records also show a statement from Los Angeles County Sheriff's Homicide Det. Teri Bernstein saying, "I observed Ms. Blair speaking with the suspect Cachu's mother (Bertha Ruth Cachu) in the courtroom and in the hallway. I heard Ms. Blair tell S/Cachu's mother something to the effect of, 'Don't worry, he will get out.'"
Yep couldn't keep Cachu in custody because Blair didn't present evidence showing what services were available to him through the state to rehabilitate rather than punish young offenders, Cady said.
"Being released with absolutely no services is not helping Cachu or the community," she said.
Attempts to reach Alex Bastian, special adviser and spokesman for District Attorney George Gascón for comment went unanswered.
Douglas Saunders Sr.
douglas_saunders@dailyjournal.com
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