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Jackie Lacey Preliminary Research January 6, 2019 “[Lacey’s] decision suggests that no matter how egregious an officer’s conduct is, no matter the evidence she has before her, she does not intend to hold any officer accountable for unnecessarily and inexplicably shooting a member of the public." - ACLU SoCal ​ "Lacey’s talk about treatment not cells for the mentally ill is meaningless until she and her prosecutors implement real change in LA’s courtrooms." - Nikhil Ramnaney, President ​ of the LA County Public Defenders Union, AFSCME Local 148 2 3 Table of Contents Jackie Lacey 1 Preliminary Research 1 Table of Contents 3 Strategic Vulnerability Assessment 9 Highlights 13 Crime Under Lacey Highlights 13 District Attorney’s Office Budget Highlights 13 Sexual Harassment and Assault Highlights 13 Racial Justice Highlights 15 Police Violence Highlights 15 Out of Step on Criminal Justice Reform Highlights 16 Cashing in on Cash Bail Highlights 17 Corruption and Conflict of Interest Highlights 17 Mass Incarceration Highlights 18 Immigration Highlights 18 Seniors Highlights 18 Campaign Finance Highlights 18 Questionable Donors Highlights 19 Personal Finance Highlights 20 4 Land and Legal Records Highlights 20 Background 21 Education 21 Professional History 21 Political History 21 Media Summary 22 Crime Under Lacey 24 Crime Under Lacey Highlights 24 Proposition 47 Crimes 24 Crimes Involving a Firearm 26 Violent Crime 27 Failed to Charge Diddy with Assault 28 District Attorney’s Office Budget 29 District Attorney’s Office Budget Highlights 29 Expenditures 29 Compensation 30 Sexual Harassment and Assault 32 Sexual Harassment and Assault Highlights 32 Failed to Address Sexual Harassment in Her Office 33 Failed to Prosecute Sexual Abusers 35 2018: Lacey Filed Charges in Only 188 of 815 Rape Cases Reported 35 Lacey’s Task Force on Sexual Abuse in the Entertainment Industry Filed No Charges in First Year 35 5 Lacey Waited Almost Two Years to Act on Allegations Against Harvey Weinstein 36 Lacey Fails to Prosecute Contributor Ed Buck, Federal Prosecutors Step In 40 Lacey Failed to Charge Beverly Hills Yoga Guru Bikram Choudhury 43 Lacey Failed to Prosecute Cosby for Los Angeles Sexual Assaults 45 Lacey Failed to Prosecute Danny Masterson for Rape Despite 'Overwhelming Evidence' 45 Lacey Declined to Charge Sylvester Stallone with Sexual Assault 47 Lacey Declined to Charge TV Exec Les Moonves for Sex Abuse 47 Lacey Declined to Charge Michael Avenatti for Domestic Violence, Referred to City Attorneys 48 Lacey Declined to Prosecute Former Police Officer for 40-Hour Attack 48 Racial Justice 50 Racial Justice Highlights 50 Racial Disparity 50 Racial Bias in Prosecutions 51 Hostility Towards BLM 54 Police Violence 57 Police Violence Highlights 57 Lacey 'Allowing Police to Get Away with Murder' 57 Recall Lacey Effort 62 Body Cameras 63 Prison Violence 64 Out of Step on Criminal Justice Reform 65 Out of Step on Criminal Justice Reform Highlights 65 6 Opposed Legalizing Marijuana 65 'Full Bore in the Prosecution' of Mental Illness 66 Devoted to the Death Penalty 69 Opposed Parole and Supervision Reform 71 Limited Conviction Review 72 Supported Expanding Wiretaps 73 Accusations of Office Lacking Transparency 74 Cashing in on Cash Bail 75 Cashing in on Cash Bail Highlights 75 Opposed to Ending Cash Bail 75 Accepted Nearly $8k from the Bail Industry 78 Corruption and Conflict of Interest 82 Corruption and Conflict of Interest Highlights 82 Failure to Prosecute Corruption 82 Accepting Gifts from Pro-Police Sources 86 Preferential Treatment 87 Conflicting Testimony 88 Retaliation Against Rival 89 Irresponsible Employment Practices 89 Child Abuse Issues 90 Giving a Free Rein to Corruption in Malibu 90 Mass Incarceration 93 7 Mass Incarceration Highlights 93 LA ‘World’s Largest Jail System' 93 Immigration 94 Immigration Highlights 94 Protecting Witnesses from Deportation 94 Seniors 95 Seniors Highlights 95 Elder Abuse 95 Campaign Finance 96 Campaign Finance Highlights 96 Financial Summary as of June 30, 2019 96 Questionable Disbursements 97 Questionable Donors 98 Questionable Donors Highlights 98 Cash from Criminals 98 Republican Connections 102 Attorneys 103 Attorneys for Harvey Weinstein 107 Law Enforcement 108 Media Companies 111 Politicians 112 Unions 112 8 Celebrities 113 Personal Finance 114 Personal Finance Highlights 114 Earned Income 114 Gifts 114 Land and Legal Records 119 Land and Legal Records Highlights 119 Land Records 119 119 119 120 9 Strategic Vulnerability Assessment This vulnerability memo is our opinion of the facts regarding Jackie Lacey and their gravity. We have tried to characterize the derogatory information in this memo section as it will be characterized by Jackie Lacey's opponents. Please refer to the detailed information in the following chapters for supporting documentation. Rising Crime with Rising Costs Despite painting herself as a tough-on-crime prosecutor, numerous crime rates have increased in Los Angeles County during Lacey's tenure as District Attorney. From 2012 to 2018, incidents of crimes involving a firearm increased 11.33 percent. In addition, the violent crime rate in Los Angeles increased 29.46 percent from 2012 to 2018, while it decreased in San Francisco by 1.9 percent. While the murder rate per 100,000 inhabitants decreased in Los Angeles by 6.6 percent in that same time period, the murder rate decreased by 38.5 percent in San Francisco County. As crime has risen in LA with Lacey at the helm, so too has her office budget, leaving her vulnerable to accusations of mismanagement. From 2012 to 2019, budgeted expenditures for the District Attorney's office increased 35.71 percent, from $330,055,578.68 to $447,930,000. In addition, despite failing to bring down crime, the average compensation for employees of the District Attorney's office increased 19.05 percent, from $139,122.85 in 2012 to $181,099.24 in 2019. All together, Lacey is vulnerable to the accusation that her administration is costing Los Angeles without bringing results. Giving a Pass to Sexual Assaulters and Rapists One of the biggest stains on the Lacey administration is the consistent pattern of turning a blind eye to sexual harassment, even within her own office. In 2017, Lacey's office "was beginning to wrestle with its own #MeToo moment," after Edward Miller, a “star prosecutor with the Public Integrity Unit,” was “accused of aggressively pursuing his female colleague for more than 2 1/2 years.” In an e-mail, a member of the department stated to Lacey, "I don’t feel that this office is expending any effort to ensure my safety and the safety of others related to this investigation.” In 2017, two prosecutors in Lacey's office received $700,000 to settle a 2015 lawsuit alleging that their supervisor "[subjected] them to regular harassment and [fostered] an abusive, sexually charged workplace." The victims also claimed that "they were penalized for rejecting Hearsberger's advances while female prosecutors who tolerated the 10 harassment were rewarded with high-profile cases." In total since 2014, "19 male and eight female employees [of the L.A. County District Attorney’s Office] have been accused of sexual harassment." Lacey has also failed to charge numerous high profile men with assault and rape, including yoga guru Bikhram Choudhury, Bill Cosby, actor Danny Masterson, Sylvester Stallone, and TV executive Les Moonves. Despite having knowledge of three sexual abuse cases involving Harvey Weinstein in 2018 and considering a total of eight cases involving Harvey Weinstein in 2019, Lacey's office neglected to bring charges against Weinstein until his New York City sexual assault trial began in January 2020. In addition, Lacey declined to bring charges against Ed Buck, a campaign contributor, for the 2017 overdose death of Gemmel Moore, who was found dead in Buck’s home. After Moore's death, another man died of a drug overdose in Buck's apartment, and a third man almost died before escaping the apartment. In 2019, Moore's mother filed a wrongful death lawsuit against Buck and Lacey over her son's death, claiming that the county "failed to properly investigate Gemmel Moore's death because of his race." Enabling a Racist System Despite being the first African American district attorney of Los Angeles County, Lacey is vulnerable to accusations that her policies are detrimental to LA's black population. In 2019, an ACLU report found that since Lacey took office as Los Angeles District Attorney, "every defendant who has been sentenced to death in [Los Angeles County] is a person of color." Similarly, Advancement Project-California found that "the incarceration rate for African Americans in Los Angeles County is 13 times more than that for whites" in 2017. Due to these racial disparities, Lacey has clashed frequently with Black Lives Matter protestors, who have consistently demanded better from her office. In particular, BLM activists claimed Lacey met them "with hostility" and that she was a "black face on white supremacy." As with her approach to prosecuting sexual assault and rape, Lacey has turned a blind eye to police shootings of black men. In 2019, a Los Angeles times op-ed noted that Lacey "has fallen short" in addressing violence by police, explaining, "the D.A.’s office has repeatedly declined to charge police officers in fatal shootings of unarmed black people, including in one case in which then-Los Angeles police chief Charlie Beck said the officer should be criminally prosecuted." In that case, a police officer, Clifford Proctor, shot and killed Brendon Glenn, an "unarmed, black homeless" man because he claimed he saw Glenn "reaching for another officer's gun." However, the other officer on the scene said "he had no idea why Proctor pulled the trigger." The ACLU criticized Lacey's inaction, stating, "Her decision suggests that no matter how egregious an officer’s conduct is, no matter the evidence she has before her, she does not intend to hold any officer accountable for unnecessarily and inexplicably shooting a member of the public." 11 Failing on Criminal Justice Reform Like victims of sexual assault and people of color, Lacey has also failed the mentally ill during her tenure as district attorney.
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