Sutter DA candidates focus on justice

Hopper, Dupre take stage at candidate forum

At the first of two candidate forums hosted by the Yuba-sutter Chamber of Commerce in partnership with the Appeal-democrat on Monday night at Boyd Hall on the Feather River Academy campus in Yuba City, two candidates running for Sutter County District Attorney spoke on current issues facing prosecutors and the two very different visions each has for the office.

The two district attorney hopefuls on the June 7 direct primary election ballot who took part in the forum were current Sutter County District Attorney Amanda Hopper and Jennifer Dupre, a Butte County Supervising Deputy District Attorney.

Prior to taking questions from moderators Bob Harlan, executive director of the

Yuba-sutter-colusa United Way, and Robert Summa, editor of the Appealdemocrat, each candidate gave an opening statement.

“Eight years ago, when I went through the same process, I made a promise that I would ensure that the district attorney’s office in Sutter County investigated or prosecuted crimes with integrity, with justice and with an independent and unbiased view. That’s what we’ve done,” Hopper said. “When I took office I quickly learned that there was a good old boy’s system alive and well in Sutter County. And that there were people who had political power, money, support and big names who expected direct access to the district attorney and special treatment of cases. I refused. And that quickly resulted in me closing my door to anyone who did not have a legitimate purpose at my office. I still meet with victims. I still meet with witnesses. I still meet with … anyone who has a reason to be there. But I will not meet with people who want to come in and try and receive special treatment. And that closed door has resulted in ruffled feathers and I’m OK with that because I’m proud of what my office has done.”

Hopper said she has created new units within the district attorney office, including an EDD fraud task force.

Dupre said she was running for district attorney because she wanted to “provide effective leadership” and “restore communication” with law enforcement partners.

“The Sutter County District Attorney’s Office needs a true leader. A leader who will show up every day and actually lead the people in the office. Lead by example,” Dupre said. “I will prioritize leadership, personal accountability and transparency. I have lived in Sutter County for over 17 years. I am in my 18th year as a prosecutor, providing true justice. … I want to do that for my own community.”

Dupre said she spent almost six years in the Sutter County District Attorney’s Office and that she was in her 12th year with the Butte County District Attorney’s Office. She said she has prosecuted cases involving homicide and gang crimes and was one of two prosecutors who “prosecuted PG&E to conviction of 84 counts of involuntary manslaughter.”

After their opening statements, Hopper and Dupre answered several questions related to the seat they are both seeking to fill. The following is a summary of their answers.

What is the role of a district attorney? Dupre said the role of a district attorney is to do justice.

“We do that by applying the law equally and fairly to everyone, regardless of race, socio-economic status, who you know in the community,” Dupre said. “Part of doing justice is listening, communicating, working with law enforcement. The role of the district attorney is to make our community safer.”

Hopper said there were a lot of misconceptions as to what the role of a district attorney is.

“As an elected official, I actually have a constitutional duty to only one client and that is justice, the people of the state of California and justice,” Hopper said. “I don’t have a duty to meet with constituents the way other elected officials do and that’s sometimes confusing for people. If I were to do that, then I wouldn’t be an unbiased district attorney. So, public safety, ensuring strict and firm prosecution of individuals who commit crimes is what the district attorney’s office does. Providing advocacy and services for victims who are impacted by crime is what a district attorney does. Leading and administering in that office is what a district attorney does. Catering to the public is not.”

What will you do to ensure justice as a district attorney?

Hopper said ensuring justice is what happens every day at the Sutter County District Attorney’s Office.

“The way we do it is a little different from law enforcement in that we handle cases when they are submitted to our office and decide whether or not a crime has been committed, whether or not we can prove it, and whether it is the just thing to do to follow through with prosecution,” Hopper said. “It’s that last question that is the most important. Is it right? Is it just? Will it promote the safety of this community? That is what we do and that is how we ensure justice.”

Dupre said in order to ensure justice, the law must be followed and it must be applied to everyone equally.

“We do that by being informed via our law enforcement partners, via our DA investigators, and we consider all of the factors. We don’t necessarily focus on what is the right thing to do when a crime has been committed,” Dupre said. “That is not necessarily doing justice because determining what is right for one person might not be the same considerations for what is right for another person. That is not treating people equally. And that is not doing justice. So we apply the facts to the law, determine if we can prove the case beyond a reasonable doubt and if so, we file the case absent extenuating circumstances that would prevent us from being able to prove that case beyond a reasonable doubt.”

What hurdles does a district attorney face in California?

Dupre said the laws coming out of Sacramento are “incredibly unfavorable.” She said as a result there are many hurdles district attorneys need to jump over.

“We need to be creative. We have to address the changes in the sentencing laws, the changes in the lengths of probation, the changes of what is a felony versus what is a misdemeanor,” Dupre said. “Even the changes in how we are allowed to pick a jury versus how the defense is allowed to pick a jury. The way we do that is by being creative and being persistent.

Just because the laws are unfavorable does not mean that we cannot do justice, prosecute cases and make the community safer. Sometimes we just need determination and persistence.”

She said even though current laws can make things challenging, delivering justice is still possible.

Hopper said some specific hurdles are broad, but a major hurdle is the fact that the state does not value criminal justice or enforce punishment strongly enough.

“Specifically you see reduced sentences for things like crime, crimes of theft, drugs, gang enhancements, they’re becoming an absolute battle. Early release for inmates. All of these are some of the hurdles,” Hopper said. “But there’s also a big hurdle that happens within the office and that is the frustration and demoralization of prosecutors and law enforcement when the work that we have done for years is not valued and the tools that we have used to effectively promote public safety are taken away from us by the Legislature. So, making sure that we’re aware of how we can maneuver through it and stay positive and determined is something that we constantly work on.”

What kind of reform is needed in the justice system in California?

Hopper said she would like to see inmates stay in prison for the sentences they are given and not released early. She said there also should be stronger sentences for crimes such as driving under the influence.

“Driving under the influence is a crime that is far too frequent and rampant and people continue to do it despite knowing how inherently dangerous it is,” Hopper said.

Dupre said she would start by making sure life in prison actually meant life in prison.

“Life no longer means life. A sentence to life in prison often times now means 25 years,” Dupre said. “That is not fair to the victims of the crimes for which people have been sentenced to life.”

She also said she would “get rid of the county prison” and make sure that people sentenced to prison spend their time in a state prison, rather than a county prison.

“I would go back to the longer probation terms so that criminals are supervised longer,” Dupre said. “I would change the laws that have made many crimes that we had discretion on, misdemeanors. Which is why we get repeat offenders that are not getting any punishment.”

Why are you qualified to be the Sutter County District Attorney?

Dupre said her experience as a prosecutor and handling of various crimes makes her qualified. She also highlighted again the need to increase communication with law enforcement and the community.

“I believe in communication. I believe in an open-door policy, not just with law enforcement, which we need to reestablish, but with the community so that we can hear their concerns,” Dupre said. “Fifty-seven counties can communicate and still deliver impartial justice. Sutter County should be the 58th.”

She also said the supervisor role she currently performs, her experience, communication skills, and “dedication to true justice” are reasons she is qualified for the district attorney position.

Hopper said she started in the district attorney’s office 19 years ago and has been leading that office for now her eighth year.

“The administrative duties of a district attorney are much more complicated than many people think,” Hopper said. “I’ve been able to come under budget every single year and at the same time have grown my staff, grown our efforts, grown our victim services program.”

When would you use your authority to file charges in adult court and when would you pursue a case in juvenile court?

Hopper said her authority to file charges in adult court has been “greatly reduced” by the state.

“Before it was pretty much if they committed a violent or serious crime, you could choose whether or not to file

that case in adult court or juvenile court,” Hopper said. “Now there is a small list of enumerated crimes that a juvenile qualifies for, if we want to try and charge them as an adult. … All we can do is start the process. It’s ultimately up to the court who makes that determination now. We have to go through what’s called a fitness hearing.”

Dupre agreed that the laws have changed to make it harder to charge juveniles as adults.

“We need to comply with the new regulations. Some of the things we need to look at are the juvenile’s prior criminal history. Whether the juvenile has gang ties. Both of those can be used to encourage the court to find the juvenile suitable for adult court. The age is a major factor,” Dupre said. “Again, the type of crime that the juvenile has committed is a factor. And then we, depending on the severity of the case and the nature of the case, there are things we can do such as using expert witnesses to explain to the court why the juvenile is fit for adult court.”

She said just because it is harder to prove a juvenile should be tried as an adult, doesn’t mean that the district attorney shouldn’t try.

As district attorney, how would you handle a fatal use of force incident involving local police?

Dupre said it is the job of a county officerinvolved shooting team to impartially investigate facts of an incident and then present a report to the district attorney.

“The district attorney then is tasked in making a decision as to whether or not it was ‘a good shoot or not,’” Dupre said.

She said there are specific guidelines that need to be followed and that she personally paid out of pocket to attend training related to officerinvolved shootings.

“We do have outstanding officerinvolved shootings reports that have not been determined despite the passage of over a year,” Dupre said. “That way I’ll be able to hit the ground running when I take office.”

Hopper said she implemented the first officer-involved shooting team for Yuba and Sutter counties. She also said she was familiar with the statewide training Dupre received because it was based “largely” on the model she created.

Hopper said with changing laws, some circumstances require the involvement of the state attorney general’s office.

“So far they haven’t done so here locally. Our team does the investigation. They are very complex, very lengthy, very detailed investigations,” Hopper said. “And that also has resulted in us needing to reach out and contract with national use-offorce experts for expert opinions before we decide how to move forward. And then I make a legal determination as to whether or not the officer acted lawfully.”

What would you do to reduce the number of juveniles who are brought into the criminal justice system?

Hopper said outreach to the schools is necessary.

“Studies show that for juveniles who may turn into committing crimes, there’s some key ages,” Hopper said. “Fifth grade is the most important age, so there’s some programs out there that talk about outreach in the schools at fifth grade. That’s something that we’ve tried to do, COVID’S kind of put a damper on that.”

She said there are current programs available that teach juveniles life skills and provide in-house services.

Dupre said to keep juveniles from entering the criminal justice system, there needs to be more activities for children to do in the community.

“That’s something that I would be happy to work with the supervisors, the city council, educators to come up with things for our kids to do,” Dupre said. “Because if they’ve got things to occupy themselves, they stay out of trouble. Studies have proven that time and time again. There are also other things we can do in terms of outreach and education. Going to schools is one thing, but we need to work on bullying.”

What programs and policies would or could you implement as district attorney to reduce crime and increase public safety in the county?

Dupre stressed the need to reestablish communication with law enforcement.

“I would make sure that all of law enforcement, anyone who wants it, has my cell phone number and I won’t change it. They will be able to reach me 24/7 just as the law enforcement partners that I work with now can do. That wouldn’t change,” Dupre said. “I already have worked with (Sutter County Sheriff) Brandon Barnes when we were both in Yuba County. I would continue that working relationship and develop it further. Being able to work with our justice partners is one of the key ways to improve safety in our community.”

Unlike Hopper, Dupre again said she would have an open-door policy as a district attorney to increase communication.

In response to

Dupre’s assertion that there is currently a communication issue in the district attorney’s office, Hopper said she was told there is no communication issue.

“I recently met with a local group of peace officers and specifically asked if there was a communication issue,” Hopper said. “I asked if any of them had a difficulty locating, getting in touch with anyone in my office, getting legal answers or communicating regarding their cases at any time, days, nights, weekends, and there was no communication issue. That was made clear to me.”

With regards to public safety, Hopper said there has been an increase in property crimes while at the same time there has been a reduction in retention for trained staff in the county and state.

“I truly think we need to value and empower our people so that they can do the best possible job they can,” Hopper said. “As a county, we’ve been working to come together to work on better ways of retaining and recruiting qualified employees.”

What is your opinion of the sentence Constance Addison received in the death of Alec Flores?

This public question was in reference to the Oct. 7, 2019, death of Flores, who was 13. In August 2021, Addison was found guilty of second-degree murder, gross vehicular manslaughter while intoxicated, hit-and-run resulting in death or permanent serious injury, and misdemeanor child endangerment after Flores was struck by an SUV driven by Addison and killed while walking to school on Oct. 7, 2019.

A few months after a jury found Addison guilty, she was sentenced to 15 years to life in state prison.

Hopper said the right charges were sought and the right verdict was reached.

“I’m incredibly proud of everyone who worked on that case,” she said.

Dupre said Addison deserved to be convicted and she said she had an issue with how bail was set for Addison.

“She should never have had her bail set as low as what it was. Her bail should have been increased at the request of the district attorney’s office,” Dupre said. “Ideally, we would have requested no bail if I had been in that position. But certainly we would have requested that it be set a lot higher than it was. So that Constance Addison would not have remained free and out of custody, enjoying her life for as long as she did.”

How will you work with local law enforcement officers to ensure victims receive justice?

Dupre said she would prosecute cases.

“Citizens will not have to beg or threaten to go to the media regarding cases, violent cases, for which every element that is required to be proven beyond a reasonable doubt is present,” Dupre said. “I will work with law enforcement to ensure that while they have to meet the probable cause standard, we have everything we need to meet our beyond a reasonable doubt standard. We ethically cannot prosecute a case if we do not have proof beyond a reasonable doubt. So we will work closely with law enforcement to ensure that we have what we need to aggressively and consistently prosecute cases.”

She also said she will do “reasonable” plea deals and not have “fire sales.”

Hopper said she meets with the department heads of law enforcement in both counties regularly.

“We discuss the needs of the county for public safety and how we can meet that,” Hopper said. “I ensure that my staff is trained just as they ensure that their staff is trained. My staff participates in trainings with law enforcement officers in all sorts of ways and arenas.”

What is your take on the misappropriation of public funds and what is your experience in these cases?

Hopper said a hot topic related to the misappropriation of public funds is the fraud that occurred in relation to the California Employment Development Department (EDD).

“My office, almost immediately upon becoming aware that this was going on, asked the sheriff ’s office if we could see if there were any inmates who’d received unemployment funds fraudulently. We got a list of inmates. We cross-referenced it with the state EDD office. It took quite a bit of time,” Hopper said. “And then I created a unit to investigate those cases. I reached out to every law enforcement agency in two counties. Everyone said they didn’t have the time nor the resources. So my office is doing this on their own.”

She said three people have already been arrested as a result. Hopper said those individuals fraudulently received more than $300,000 of “taxpayer money from Sutter County.”

Dupre said the misappropriation of public funds is a crime and needs to be treated as such.

“With regards to EDD fraud, I would note that Butte County has been one of the most successful counties in prosecuting EDD fraud,” Dupre said. “I personally have received several phone calls from Sutter County asking for guidance and who to talk to so that they know the best practices to prosecute and collect on the EDD fraud.”

She said anyone who takes part in the misappropriation of public funds needs to be held accountable and prosecuted despite who they are.

Do you believe in mandatory minimum sentences? If not, how do you determine how much time someone should spend in prison?

Dupre said federal mandatory minimum sentences are not appropriate because they don’t take into consideration all the relevant factors.

“I believe that our current triad system is very good. If you qualify, it does provide for probation and looking at the factors of the defendant’s criminal history. The facts of the case, the vulnerability of the victim. There’s a whole litany of aggravating factors and mitigating factors in the rules of court that we follow to determine the appropriate sentence,” Dupre said. “… Ignoring the bad changes in the law that affect the sentencing, we need to look at all of the circumstances of the crime, definitely consider the criminal history, make a determination of how dangerous this defendant is and the likelihood of rehabilitation based on their history, their age, and their crime.”

Hopper said she agreed that mandatory minimum sentences “do undercut the discretion necessary for a prosecuting agency to understand the case that they’re prosecuting.”

She said taking away that discretion is something she’s not a fan of.

“We really do need to incorporate all known facts into each individual case. That’s what justice is,” Hopper said.

Closing statement

In her closing statement, Dupre said she will bring “real experience” to the district attorney’s office. She highlighted the many endorsements she has received from various law enforcement groups.

“They have all endorsed me. That shows that they see the need for change,” Dupre said.

After naming other endorsements she has received from area officials, Dupre again focused on the idea that she wants to have a better relationship with law enforcement than she believed Hopper has had.

“Fifty-seven out of 58 DA’S offices are able to do justice fairly and blindly as required while still communicating with law enforcement, the county, the city and the community,” Dupre said. “I want to be the 58th. I want to protect ag crime aggressively. We deserve to have a safer community than what we have. We deserve for our community to be safe for our kids, our grandkids, and ourselves.”

In Hopper’s closing statement, she focused on justice and making sure nobody is above the law.

“What is doing justice? Justice is fighting for our community and for all of us. Justice is caring about the people in this community,” Hopper said. “Justice is caring about our children, raising our children here. Ensuring that we give the best public safety system that we possibly can. … That means creating a culture of an environment in an office where no one is above the law. Where no one gets special favors. Where no one has special access. Where everyone handles cases ethically. That’s justice.”