Thanks again to the California Globe for running this piece. You can visit the website at: https://californiaglobe.com/
Note - all of the crop of woke district attorneys elected within the last few years have similar projects underway. You can usually find out more about them by going to your local DA’s website and searching words like “innocence project,” “conviction review,” “decarceration,” “justice reform,” “parole review policy,” and such.
It is common knowledge that Los Angeles District Attorney George Gascon wants as many people out of jail as possible. It seems that progressive ideological effort now extends to cop killers.
In 1979, drug dealer and gang leader Jesse Gonzales was watering his lawn when he saw police officers. He went into the house, the officers – there to serve a warrant – knocked on the door, yelled “Police!” heard movement inside the house, and kicked in the door. That’s when Gonzales opened fire with a shotgun, killing Deputy Jack Williams.
At trial, Gonzales claimed he didn’t know it was the police but instead thought members of a rival gang were at the door. The jury didn’t buy it and Gonzales was found guilty of first-degree murder and sentenced to death. His appeals have been denied and he has remained in prison since, reportedly consolidating significant power in the Mexican Mafia prison gang.
But his latest effort to go free may succeed, thanks to Gascon and the former public defender – Shelan Joseph - he hired to review “Habeas Corpus” claims. In a nutshell, a habeas claim essentially means the prisoner is saying their detention is illegal, usually due to malfeasance during the arrest and trial process.
In Gonzales’ case, that claim would involve the use of an allegedly unreliable jailhouse informant (though his testimony did not contradict the fact that Gonzales did shoot Williams.)
In California, habeas claims are handled by the Attorney General – except in Los Angeles. In 2001, Attorney General and close Gascon ally Rob Bonta shifted that function to Gascon. In theory, his office is to review each claim and then go before a judge and argue why (except in extremely rare situations) it should be denied; in other words, defend the original prosecution.
Retired deputy district attorney Kathleen Cady, who has been working pro bono to assist crime victims -since he doesn’t - and their families since Gascon took office said his office had about 65 habeas claims before it at one time. It is unknown how many are still being reviewed as Gascon and Joseph have refused to share that information.
“Now,” wrote Cady, “Gascón and Joseph seem willing to concede the defense Habeas claim. A concession would likely result in the judge granting Gonzales’ claim. A concession in Gonzales’ case would reverse the conviction -- not just the sentence -- and likely result in Gonzales’s release.”
In other words, if Gascon’s office does not fight the claim Gonzales will simply go free, hence the belief in the intentionality of the action, or inaction as the case may be.
In that case, Gascon will most likely disingenuously “blame the judge” and distance himself from the matter to avoid any political fallout.
“Of course, the judge can only rely on the information and arguments presented by the prosecution. If the prosecution challenged the defense claim, the conviction would likely remain,” Cady wrote. “The actual blame for any change in Gonzales’ conviction or sentence lies squarely at Gascón’s feet.”
Cady noted that, in 2021, Gascon asked the Williams’ family if it would be amenable to a reduction in Gonzales’ sentence to 15 years to life with the possibility of parole. The family was adamant in refusing to support any such change.
“These politically driven maneuvers are agonizing for Jack Williams’ daughters, who continue to want justice for their father,” Cady wrote in a statement released through the Association of Deputy District Attorneys union.
The refusal to share information on such cases is not at all unusual for Gascon, said Deputy District Attorney and candidate to replace Gascon Eric Siddall.
“This is consistent with his administration’s M.O. of using secrecy to further a political agenda,” Siddall said.
In fact, Gascon’s office has even rejected official Public Records Act requests from his own employees, Siddall said.
Another candidate for Gascon’s office, Nathan Hochman, was equally outraged by Gascon’s actions.
“The Gonzales case reveals the hypocrisy of the Gascon regime where he wants the public to think he is tough on violent criminals but behind closed doors he has worked tirelessly to enact pro-criminal, anti-victim policies,” Hochman said.
Attempts to reach either the District Attorney’s office or the Gascon campaign for comment were unsuccessful. Attempts to reach Bonta’s office were also unsuccessful.
This is not the only recent event that points to Gascon playing dirty politics in secret. A week ago, Gascon was sued yet again by an employee, this time by Deputy District Attorney Amy Pellman Pentz, who was assistant head deputy of the Justice System Integrity Division that reviewed complaints alleging government corruption and improper uses of force - https://www.westsidecurrent.com/news/prosecutor-sues-gascon-alleging-retaliation-over-villanueva-campaign-information/article_20170988-87ab-11ee-9371-07a88159fb30.html .
Pentz’s suit states rather unequivocally that Gascon withheld the fact that the DA’s office was not going to be filing any charges against a deputy videotaped subduing a suspect in order to damage the campaign of then-Sheriff Alex Villanueva.
The inflammatory video showed the deputy with his knee on the suspect’s neck, a la George Floyd, and was shown countless times by opponents of Villanueva. The decision to clear the officer was made in September, 2022, but was kept private for weeks by Gascon in order to hurt Villanueva’s chances that November.
That lawsuit – like so many others - is currently pending.