Tuesday, February 09, 2021

LA DA SLAPPED DOWN BY JUDGE

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:

bob walsh said...

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.