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February 08, 2021

Judge Rules That LA's Soros Prosecutor Is Acting Illegally When He Refuses to Enforce the Law Against Criminals

He issued a preliminary injunction forbidding George Gascon from refusing to prosecute California's three strike laws as well as special circumstances allegations in murder cases. Although California has gotten rid of the death penalty, a murderer convicted of special circumstances gets life without the possibility of parole.

Only the worst and most vicious murderers get hit with special circumstances. Usually they're serial killers or multiple murderers or child murderers or torture-killers.

The Soros prosecutor decided he'd ignore the law and not prosecute any killers with a special circumstances enhancement.

Here's one example of this Soros DA's interference in a multiple-murder case against gang executioners.

A MOTHER'S DAY DOUBLE MURDER

One stark example occurred recently in Department 115 on the 11th floor of the main criminal courts building downtown.

Judge Mark Arnold was hearing motions in the 2018 Mother's Day double murder of two 15-year-old boys — La'marrion Upchurch and Monyae Jackson — and the wounding of two others. The three defendants are believed to have mistaken Upchurch and Jackson for rival gang members when they opened fire on them as they walked home from a party in South L.A.

...

The hearing was mostly a procedural bore, until the judge turned to the prosecutor: "Now I understand that Mr. Michelena, you have a motion."

Deputy District Attorney Michael Michelena stood. "There is a motion that I've been directed to make from the district attorney to dismiss all allegations of any kind."

"Allegations" are sentencing enhancements. In this case, Michelena was asking the judge to drop enhancements that accuse the defendants of using a gun, belonging to a gang, and committing multiple murders -- which could mean life without parole.

...

What happened next is extraordinary.

MY MOTION IS ILLEGAL

Michelena, a member of the DA's gang unit, told Judge Arnold the motion he just made is illegal, citing Section 1386 of California's penal code: "The district attorney may not just on their own abandon a prosecution for a public offense."

He was echoing the arguments in his union's lawsuit against Gascon. One of its key assertions is that a DA cannot move to dismiss enhancements in hundreds of cases all at once.

"A dismissal in the furtherance of justice must be based on the individualized considerations." Michelena argued. "It cannot be based on antipathy for the law or a belief that the law is unwise."

A judge has ruled that even Soros DA's have to follow the written law.

The suit was brought by the LA County Association of Deputy District Attorneys (@LACountyADDA), who Gascon was illegally ordering to disobey the law they're charged with upholding.


@BillFOXLA
BREAKING: Judge James Chalfant has issued a preliminary injunction against Los Angeles D.A. George Gascon that will restrict him from refusing to prosecute CA's three strikes law and will restrict him from dismissing special circumstance allegations without legal grounds.

Judge Chalfant: "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."
This is a major win for @LACountyADDA vs Gascon

More:


Some rare good news.

Don't worry, a Hawaiian judge will soon overturn this ruling.

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posted by Ace at 03:20 PM

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