The Signal

DA changes course on sentencing enhancemen­ts

- By Caleb Lunetta Signal Staff Writer

Los Angeles County District Attorney George Gascón announced a change of course Friday, saying he’ll allow some exceptions to a recent directive limiting prosecutor­s from pursuing longer sentences for some violent criminals.

Earlier this week, Gascón said he would allow no exceptions to his eliminatio­n of “enhancemen­ts,” a legal term used by lawyers to modify charges for reasons such as prior conviction­s, gang involvemen­t, etc.

Now, in a statement issued Friday afternoon from his office, Gascón has said he won’t eliminate prior-conviction enhancemen­ts, gang enhancemen­ts, special circumstan­ces enhances or out-on-bail enhancemen­ts.

“Where aggravatin­g factors exist, I believe existing sentencing schemes provide sufficient latitude to prosecutor­s to seek higher sentences, but some victims remain concerned, and I want you to know that we are listening,” Gascón said in a letter to the public on Friday. “To be responsive to those concerns my office will adjust its policy to enable enhancemen­ts to be brought in a limited range of circumstan­ces.”

The decision comes after a deluge of pressure and criticism from a number of people from across the local law enforcemen­t spectrum, including criticism from his own deputy district attorneys.

“I think the community of Angelenos from all over L.A. County came together to fight for justice and to fight these special directives by the district attorney that would have hurt

vulnerable victims, would hurt children and would hurt people of color,” said Jon Hatami, a Santa Clarita resident and prosecutor for Los Angeles County. “However, this is just one step, and there are many other directives that have been put out that could hurt public safety, that could hurt our community.”

Hatami said he would continue to work to change some of Gascón’s other recent orders that he’s enacted or pledged to enact since he defeated former District Attorney Jackie Lacey in November.

“I think the issue regarding bail is a very dangerous issue, allowing zero bail or presumptiv­e zero bail, for domestic violence and child-abuse cases,” said Hatami. “I think he’s still not allowing the out-on-bail enhancemen­t, so somebody gets released on bail because they’ve already committed a crime, and then they go and commit another crime. He doesn’t think that that requires an out-on-bail enhancemen­t.”

The Santa Clarita resident said Gascón is not allowing risk assessment when dealing with bail, nor allowing deputy district attorneys to go to parole hearings to represent the interest of crime victims.

Hatami emphasized Gascón also needs to begin looking at reaching out to victims before allowing the courts to start the process of dismissing things or moving forward with changes in the legal process.

Gascón has said in the past week that he hopes his policies will still result in people being prosecuted for their underlying crimes, but that by eliminatin­g some enhancemen­ts that he can begin to end mass incarcerat­ion.

“It seems Mr. Hatami has made a profound discovery rather late in his career,” read a statement from Gascón’s office that was disseminat­ed Friday. “Like any other workplace, if you don’t do what your boss tells you to do, you may be discipline­d.”

In reference to Hatami alleging that the district attorney’s office sent out a form to public defenders, asking them to report infraction­s of the new policies by prosecutor­s to the district attorney’s office, Gascón’s office denied creating the form.

“Mr. Gascón nor any of his aides generated, approved of, or otherwise disseminat­ed the form in question,” read the statement.

The Associatio­n of Deputy District Attorneys came to their colleague’s defense in a statement they issued on their own, saying the statement from the District Attorney’s Office was authored by Maxwell Szabo, a lawyer in the office.

“Deputy District Attorney Hatami, like all of our members, is a tireless advocate for victims. He is a veteran prosecutor with a wealth of experience in prosecutin­g child murderers. As a prosecutor, he has tried over 70 cases before a jury,” the ADDA statement said. “This attack by Mr. Szabo, who was admitted to the bar in May 2019, who is not a prosecutor nor even employed by the Los Angeles District Attorney’s Office, and who represents that he is the spokespers­on for Gascón’s ‘transition team,’ is not only unwarrante­d but entirely without merit.”

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