Judge Rules Against LA DA George Gascon's Drastic Policy Changes
LOS ANGELES (CBSLA) – A judge Monday ruled against Los Angeles County District Attorney George Gascon in his efforts to implement sweeping and controversial policy changes regarding how defendants are prosecuted and sentenced.
Back in December, the union which represents L.A. County prosecutors filed a restraining order seeking to block the changes from the newly-elected Gascon.
Just after being sworn in, Gascon announced several drastic moves, including the elimination of cash bail for misdemeanor and felony offenses, as well as the elimination of some sentencing enhancements, such as gang enhancements that he argues undermine rehabilitation, exacerbates racial inequities and unnecessarily crowd jails and prisons.
He also said that his office would no longer seek the death penalty and would take a less aggressive approach on lower-level offenders.
However, L.A. Superior Court Judge James C. Chalfant Monday blocked several of these moves, ruling mostly in favor of the Association of Deputy District Attorneys for L.A. County.
Chalfant said Gascon cannot order his prosecutors to ignore three-strike allegations and sentencing enhancements.
He had heard arguments on Feb. 2 on the union's motion for a preliminary injunction, then took the case under submission before granting it in large part Monday.
The union hailed the judge's decision, saying it was based "on what the law is and not what an officeholder thinks it should be" when it comes to sentencing repeat offenders.
Attorney Robert E. Dugdale, on behalf of Gascon and the DA's Office, said the ruling was not fully in favor of the union.
"The judge did not enjoin the DA's policy prohibiting deputy district attorneys from filing most sentencing enhancements in new cases," Dugdale said. "However, he enjoined application of most aspects of the remaining directives."
(© Copyright 2020 CBS Broadcasting Inc. All Rights Reserved. City News Service contributed to this report.)
