During last year’s campaign, Gascón promised to address mass incarceration and racial disparities in the justice system. Sentencing enhancements may be his biggest effort to do that.
But the union that represents his own prosecutors sued to stop his enhancements policy, arguing it was too broad. A judge said Gascón could not force prosecutors to withdraw previously filed enhancements as part of a blanket policy, but he is allowed to have a policy that reduces their use going forward.
The dramatic drop in prison time for criminals will result in “incalculable losses in public safety,” said Eric Siddall, vice president of the Association for Deputy District Attorneys. He argued that sentencing enhancements provide a strong deterrent to crime.
Siddall called Gascón’s approach to enhancements a “reckless experiment.”
The Office of Los Angeles County District Attorney George Gascón is skirting a Feb. 8 preliminary injunction barring enforcement of certain “special directives” that the chief prosecutor issued on Dec. 7, his first day in office, by withholding the evidence that’s needed to prove gang allegations, a transcript, obtained yesterday, shows.
One of the directives mandated motions to vacate all enhancement allegations pled under the administration of Gascón’s predecessor, Jackie Lacey. Los Angeles Superior Court Judge James Chalfant on Dec. 7 barred the district attorney from “compelling deputy district attorneys to move to dismiss… any existing sentencing enhancement in a pending case without having legal grounds as required by [Penal Code] section 1385.”
That section authorizes such motions only where facts indicate that removing the allegations would be in the “furtherance of justice” or the allegations could not be proven.
Failing to present evidence proving the allegations would constitute a de facto withdrawal of them.<
The Santa Clarita City Council voted unanimously on Tuesday to approve a vote of no confidence in District Attorney George Gascón, citing recent policy changes from the D.A.’s office as having a detrimental impact on public safety.
Although the City Council cited nine special directives and two amendments from the D.A.’s office as being problematic to the council, the council members specifically highlighted three particular directives and two amendments they took issue with: the elimination of cash bail for any misdemeanor, non-serious/non-violent felony offenses; certain misdemeanor charges being declined or dismissed before arraignment; and the elimination of sentencing enhancements, such as those for gang affiliation or firearm-related allegations.
The sentencing enhancement directive was ordered to be repealed by the Los Angeles County Superior Court on Feb. 8, but Gascón has expressed an interest in appealing this decision, according to city of Santa Clarita staff.
The council’s 5-0 vote of no confidence said that these unilateral directives “undermine the legislative and ballot process and risk safety of the general public.”
Convicted killer Phillip Dorsett, who came from a life of wealth and privilege in Rancho Palos Verdes, was in a celebratory mood one Monday night inside his cell resembling a college dorm room at New Folsom State Prison.
Dorsett felt confident he would soon be free, calling for impromptu party with his cellmate and some moonshine. The moment was captured on video shot on a contraband cellphone and smuggled out of prison. It was released Monday by the California District Attorneys Association in a condemnation of Gascón’s edicts on crime and punishment.