Judge Issues Injunction Barring Gascón’s New Directives, Says The DA Must ‘Comply With The Law’
LAPPL News Watch
February 9, 2021
A Los Angeles judge issued a preliminary injunction on Monday
against Los Angeles County District Attorney George Gascón, stating that
he "cannot order his prosecutors to ignore laws that protect the public
from repeat offenders."
Judge James Chalfant's injunction will restrict
Gascón from refusing to prosecute California's three strikes law and
will restrict him from dismissing special circumstance allegations
without legal grounds.
"The District Attorney's disregard of the Three
Strikes law 'plead and prove' requirement is unlawful, as is requiring
deputy DA's to seek dismissal of pending sentencing enhancements without
a lawful basis," the ruling reads.
Just hours after he was sworn into
office, Gascón announced several reform directives, including barring
prosecutors from seeking the death penalty or filing most sentencing
enhancements that can increase a defendants' prison term.
The ruling is a
victory for the union representing county prosecutors, the Association
of Deputy District Attorneys for Los Angeles County, which sued Gascón
over his new directives, arguing that they violate state law.
1 comment:
Just goes to show you at least one judge in CA can read freaking state laws and interpret them accurately. More than that asswipe D A can do.
Post a Comment