LOS ANGELES, CA – It would be an understatement to say that Los Angeles County District Attorney George Gascon is having a tough time making fans following his recently achieved election.
With sweeping policy changes, such as removing sentence enhancements (which can affect matters like those who committed hate crimes), Gascon is now coming under scrutiny again with a leaked email suggesting his office plans to retaliate against a judge for not complying with his office’s policy changes.
NEW: Sources tell me this email from DA George Gascon’s Chief Deputy to a prosecutor is ordering “clear retaliation” against Judge Shellie Samuels for not complying w/ new reforms, by taking away cases from her court. I’m told this is known as “blanket papering” a judge. @FOXLA pic.twitter.com/w7H5QNsY2L
— Bill Melugin (@BillFOXLA) December 17, 2020
An email originating from Gascon’s office contained the following with regard to a recent matter presented before Judge Shellie Samuels’ court:
“I reviewed the transcript and discussed this matter with the DA. The judge justified her denial by stating (in part) that she disagrees with the DA’s policy changes.
“Based on this justification it shows that she is prejudiced against our office.
“Please ensure that no other matters are assigned to her court and follow the procedures outlined in CCP 170.6.”
The mentioning of CCP 170.6 is implying that Judge Shellie Samuels bears some sort of bias against the DA’s office, as said code of civil procedure reads as follows:
“A judge, court commissioner, or referee of a superior court of the State of California shall not try a civil or criminal action or special proceeding of any kind or character nor hear any matter therein that involves a contested issue of law or fact when it is established as provided in this section that the judge or court commissioner is prejudiced against a party or attorney or the interest of a party or attorney appearing in the action or proceeding.”
Whether or not Judge Samuels actually made comments that would qualify as falling under California’s anti-bias laws isn’t clear.
But it wouldn’t be surprising to hear about someone openly disagreeing with what Gascon has set into motion.
"defendants will be held accountable" – except for hate crimes, aggravating matters related to murder, crimes motivated by gang affiliation…I could go on.
— Greg Hoyt (@GregHoytLET) December 17, 2020
Recently, Gascon said that he’d afford no exceptions in the eradication of sentence enhancements.
Sentence enhancements are things like someone having prior convictions, a crime motivated by hate, gang involvement and much more.
Not to mention, Gascon’s office will no longer seek the death penalty or even life in prison without the possibility of parole.
Numerous family members of murder victims were contacted since December 7th, being informed that all sentence enhancements were going to be dismissed as well.
ICYMI: LA D.A. George Gascon is seeking to dismiss all special charges against an accused double murderer/cop killer as part of new reforms. If a judge agrees, life without parole will be off the table. Fallen deputy’s sister has choice words for Gascon. https://t.co/dLEHpB3uuU
— Bill Melugin (@BillFOXLA) December 15, 2020
Lodie Pollard was one of those contacted, whose son Michael Pollard, Jr. was burned to death in a fire intentionally set at a recording studio back in 2018.
This mother who’d violently lost her son feels as though the newly elected DA is making the pain from her loss all the more worse:
“It was brutal and horrific, and it still hurts every day. And my heart hurts more today of what Gascon is doing and taking away.”
Also, accused double murderer Rhett Nelson is going to have all special circumstance allegations and enhancements against him dropped. Nelson is accused of murdering LASD deputy Joseph Gilbert Solano and Russian skateboarder Dmitry Koltsov back in 2019.
That would mean that, if convicted, Nelson could still get paroled.
Even some of Gascon’s own prosecutors are against the new reforms.
Deputy District Attorney Jon Hatami has been known to bring justice against child abusers and murderers. Yet, while trying to stifle back tears, he can’t understand why anyone would want to afford lighter sentences to those who hurt children:
“I just don’t understand why we’re not trying to prosecute child murderers to the fullest extent of the law.”
Hatami explained that Gascon is even sending people into the courtroom to monitor what prosecuting attorneys are doing – making sure they abide by his new policy changes:
“A lot of DDAs are really scared. They are sending people to court to monitor what we say.
“They are working with the public defenders and alternate public defenders to intimidate us and document what we do and what we say.”
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We at Law Enforcement Today had already reported on Gascon earlier this month, and he’s got some plans to help illegal immigrants avoid being deported from the country.
Here’s that previous report.
LOS ANGELES, CA – Already, Democratic Los Angeles District Attorney George Gascon made waves as he was sworn into office by ending further death penalty cases and cash bail.
Now, Gascon created even more waves when he announced he wanted to help illegal aliens, who had been arrested for a crime, from being deported.
Soros-funded Los Angeles prosecutor George Gascón isn’t going to prosecute illegal alien offenders for crimes to shield them from deportation. This goes well beyond sanctuary cities and gives illegals special privileges before the law pic.twitter.com/g4M3oJnSjT
— Richard (@Wildman_AZ) December 8, 2020
Gascon has said in the past that he wanted to incorporate two different forms of the justice system in Los Angeles. One for the American citizens and one for those illegally in the country.
Gascon initially brought up the radical notion in October during his campaign. His office released a plan that would work to help illegal aliens who had been arrested avoid jail time and deportation by Immigration and Customs Enforcement.
Gascon’s idea proposed factoring in “severe collateral consequences in charging decisions, plea negotiations, and use of diversion programs.” The hope was that by utilizing this scheme, it would keep illegal aliens from any jail time or deportation risks. He said:
“Local criminal justice actors must be careful not to become part of a pipeline to deportation in a dysfunctional immigration system…the DA must also strive to limit unnecessary exposure to immigration enforcement.”
His plan says:
“Immigration status can have a disproportionate adverse impact on noncitizen defendants because of federal immigration law implications. A core duty of prosecutors is to ensure that the punishment fits the crime.
“As such, it is incumbent upon the prosecutor to be aware of and mitigate collateral consequences, particularly when they are more severe than the punishment for the crime itself.
“Indeed, in Padilla v. Kentucky 130 S.Ct. 1473 (2010), the U.S. Supreme Court ruled that immigration consequences of a conviction for immigrants can be profound and warrant consideration by the prosecution as well as the defense.
“An immigration-informed approach includes working with defense attorneys to obtain a defendant’s immigration status–without requiring onerous proof or documentation – and implementing training programs to increase awareness of immigration law, with the goal of equipping prosecutors to exercise discretion in achieving immigration-neutral charges and plea bargaining.
“The basic principle guiding this approach is that the full range of punitive consequences – both direct and collateral–should be roughly equivalent for citizen and noncitizen offenders.
“Prosecutors can charge alternative dispositions that are similar in type of offense with punitive consequences in line with citizen offenders.
“For example, while a single DUI offense can trigger immigration enforcement proceedings, lower-level DUIs, known as a “wet reckless,” have fewer immigration consequences.
“To obtain and evaluate facts of each case, defense attorneys should be permitted to request office hearings to present evidence off the record.”
— ABC7 Eyewitness News (@ABC7) December 8, 2020
Gascon also has proposed recently that he plans on reducing “prosecution of low-level, ‘quality of life’ offenses.” Those may include drug possession, driving without a license, and public urination.
The rationale behind this is that illegal aliens that are arrested for these crimes, face what he believes are unfair immigration laws.
The State of California is termed a “sanctuary” state. The local governments do their best to prevent illegal aliens, regardless of reason, from being deported or having any official dealings with ICE.
One of those local jurisdictions, the Los Angeles County Sheriff’s Office, has a very strict policy in which their deputies are forbidden to turn criminal illegal aliens over to ICE regardless of reason.
Federal data has also shown that 8-10 of those criminal illegal aliens that are released in sanctuary city go out to commit additional crimes.
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