D.A.A.C.

The 2020 LA District Attorney Candidates Guide

VOTER’S GUIDE 1 D.A.A.C. LOS ANGELES Candidates for Los Angeles County District Attorney

George Gascón

Former SF DA 2011-2019 Incumbent DA since 2012 Stated Endorsements Endorsement information is based on disclosures from the candidate’s website. (For full list of stated endorsements visit GEORGEGASCON.ORG and JACKIELACEY.COM)

• Politicians: U.S. Senators , • Politicians: U.S. Senator Diane Feinstein; Bernie Sanders, and Elizabeth Warren; CA U.S. Reps. Grace Napolitano, Judy Chu, Gov. ; U.S. Reps. Maxine and Norma Torres; SF Mayor London Waters, Ayanna Pressley, Alan Lowenthal, and Breed; CA State Senators Robert Ro Khanna; Former Sec. of Housing Julian Hertzberg, Steven Bradford, Connie Leyva, Castro; CA State Sen. Holly Mitchell; LA City and Henry Stern; LA City Council Members Council Members Mike Bonin and Gilbert David Ryu Cedillo; City Council Candidate Nithya Raman • Organizations: Los Angeles Police • Organizations: CA Democratic Party, LA Protective League, Assoc. for Los Times, LA Democratic Party, LA Daily News, Angeles Deputy Sheriffs, CA Coalition of UTLA, SEIU Local 99 Law Enforcement Assocs., Los Angeles Sentinel, Assoc. of Deputy District • People: BLM Co-Founder Patrisse Cullors, Attorneys, Crime Survivors PAC, LAC Former LA Police Chief , civil Firefighters Local 1014, Laborers Local rights leader Dolores Huerta, John Legend, 300, Women’s Political Committee LA Megan Rapinoe • DAs: Jeff Rosen (Santa Clara D.A.), • DAs: Larry Krasner (Philadelphia D.A.), Joyce Dudley (Santa Barbara D.A.) Chesa Boudin (San Francisco D.A.), Rachael Rollins (Suffolk County/Boston D.A.), (FOR FULL LIST OF ENDORSEMENTS (Former Los Angeles D.A.) VISIT JACKIELACEY.COM)

(FOR FULL LIST OF ENDORSEMENTS VISIT GEORGEGASCON.ORG)

VOTER’S GUIDE 2 D.A.A.C. LOS ANGELES Candidates for Los Angeles County District Attorney

*The LA County DA’s office is the largest local prosecutor’s office in the country. (LAC DA’S OFFICE)

Issues George Gascón Jackie Lacey

Supports the death penalty? (p.4) No Yes

Demonstrated history of charging officers No No for fatal use of force? (p.4)

Supports SB 1391, legislation which keeps Yes No 14 and 15 year olds out of adult court? (p.5)

Presently accepts donations from No Yes police unions? (p.6)

Supports the use of gang enhancements and Leans No Yes CalGang Database? (p.7)

Supports mental health diversion & other Leans Yes Leans Yes alternatives to incarceration? (p.8)

Supported Prop. 47? (p.9) Yes No

Supports AB 392 which heightens the standard for lawful use of force by law Yes Appears No enforcement? (p.9) see page 9

Supports limiting the prosecution of drug Yes Leans Yes & Leans No related offenses? (p.10)

Views on proposals aimed at reducing the See page 14 prison population? (p.14)

Supports ending cash bail? (p.15) Yes Yes

Response to the movement to defund the See page 15 police? (p.15)

DAAC DOES NOT ENDORSE OR OPPOSE ANY CANDIDATE FOR PUBLIC OFFICE. THIS VOTER GUIDE IS PRESENTED FOR INFORMATIONAL PURPOSES ONLY. INTERESTED PERSONS SHOULD CONSULT A VARIETY OF SOURCES.

VOTER’S GUIDE 3 D.A.A.C. LOS ANGELES Supports the death penalty?

*21 States have abolished the death penalty and an additional 13 states have not executed anyone in at least 10 years. (DEATH PENALTY INFORMATION CENTER)

George Gascón Jackie Lacey No Yes

• “I oppose using the death penalty under • “As a career prosecutor, I believe the death any circumstance. If elected, however, penalty is the appropriate punishment for we will go further, and I will not seek an some crimes – a serial killer, someone execution date for any person already who tortures and kills a young child, the on death row. I will actively support the person who rapes and then kills the victim Governor’s moratorium on executions. I to silence his only witness or someone will also embark upon a thorough review who kills a police officer trying to do her of every existing death penalty case from job safely.” (LA TIMES) Los Angeles County. Most importantly, I will work collaboratively with various *Lacey has CONTINUED TO PURSUE death stakeholders to get as many of the 229 penalty prosecutions after people currently on death row from Los Governor Newsom’s March 2019 statewide Angeles County resentenced to a sentence moratorium on the death penalty. other than death.” (GASCON WEBSITE) (LA TIMES)

Demonstrated history of charging officers for fatal use of force?

No No

• Declined to prosecute any officers in fatal • Prosecuted 1 officer for a fatal shooting shootings in SF. (LA TIMES); (SF WEEKLY) out of the hundreds killed by police since 2012 (351 people per L.A. Times LA TIMES; 601 people per BLM L.A.DEMOCRACY NOW)

DAAC DOES NOT ENDORSE OR OPPOSE ANY CANDIDATE FOR PUBLIC OFFICE. THIS VOTER GUIDE IS PRESENTED FOR INFORMATIONAL PURPOSES ONLY. INTERESTED PERSONS SHOULD CONSULT A VARIETY OF SOURCES.

VOTER’S GUIDE 4 D.A.A.C. LOS ANGELES Supports SB 1391, legislation which keeps 14 and 15 year olds out of adult court? *SB 1391 is legislation which keeps 14 and 15 year olds out of adult court, keeping them in the juvenile justice system. (LEGINFO) *Los Angeles County has the largest juvenile justice system in the nation. (CCJCC REPORT)

George Gascón Jackie Lacey Yes No

• “The Los Angeles District Attorney’s office • The LAC DA’s Office filed a brief in must end the prosecution of children July 2020 arguing that SB 1391 is as adults in our legal system. Young unconstitutional. (AMICUS CURIAE BRIEF) people must be given an opportunity to make amends for their crimes through the appropriate venues. Subjecting our children to adult-level punishment is immoral, and on Day 1, I would put an end to this practice.” (TJC QUESTIONNAIRE)

• Committed to implementing SB 1391, which would keep 14 and 15 year olds out of adult court. (TJC QUESTIONNAIRE)

DAAC DOES NOT ENDORSE OR OPPOSE ANY CANDIDATE FOR PUBLIC OFFICE. THIS VOTER GUIDE IS PRESENTED FOR INFORMATIONAL PURPOSES ONLY. INTERESTED PERSONS SHOULD CONSULT A VARIETY OF SOURCES.

VOTER’S GUIDE 5 D.A.A.C. LOS ANGELES Presently accepts donations from police unions?

*U.S. Supreme Court has held that campaign spending is a form of protected speech (NPR)

George Gascón Jackie Lacey No Yes

• Gascon joined 3 current DAs in lobbying • 75% of DA Lacey’s total donations come the State Bar for a rule change that would from law enforcement unions. (LA TIMES) prohibit DAs from accepting contributions from law enforcement unions. (LETTER TO • “I have an independent group in the DA’s STATE BAR) office that makes the decisions and advises me on how to come to decisions • Accepted donations from police unions on police shootings…. We have an elite when DA in San Francisco in 2011. (ALL unit that evaluates those cases that have SAINTS CHURCH DEBATE) nothing to do with me as an elected leader in the sense that they are not influenced • “...[T]he conflict, which I believe is inherent by unions and they’re the ones that make in taking money from police unions, which recommendations to me.” (ALL SAINTS is unlike other unions because police are CHURCH DEBATE) working with us on a daily basis...and sometimes we are also holding police accountable.” (ALL SAINTS CHURCH DEBATE)

DAAC DOES NOT ENDORSE OR OPPOSE ANY CANDIDATE FOR PUBLIC OFFICE. THIS VOTER GUIDE IS PRESENTED FOR INFORMATIONAL PURPOSES ONLY. INTERESTED PERSONS SHOULD CONSULT A VARIETY OF SOURCES.

VOTER’S GUIDE 6 D.A.A.C. LOS ANGELES Supports the use of gang enhancements and CalGang Database? * A gang enhancement is an additional punishment, potentially years of incarceration, added onto a felony sentence for a person who commits a crime for the benefit of or in association with a criminal street gang. (THE GUARDIAN) *Statistics show they are disproportionately applied to people of color in poor neighborhoods. (LA TIMES) *CalGang is a database intended to identify and track alleged gang members. (LA TIMES)

George Gascón Jackie Lacey Leans No Yes

• “I would end the use of gang • “With gang enhancements, they should enhancements and would vigorously be carefully used. And in the past it has pursue the underlying offense. The been abused in the sense that affiliates additional years obtained by virtue and folks who knew gang members of a gang enhancement is not proven were falsely identified…. We do file gang to enhance safety, but the use of enhancements on cases where we believe gang enhancements is proven to be we have strong evidence that something disproportionately applied to minority was done for the benefit of the gang. In Communities.” (LWV QUESTIONNAIRE) LA County we have an issue with gang violence.” (KPCC/LA TIMES DEBATE) • “At a Feb. 22 event, Gascón called on the legislature to eliminate the CalGang database.” (THE APPEAL)

• Previously charged gang enhancements when he was DA of San Francisco. (LA MAGAZINE)

DAAC DOES NOT ENDORSE OR OPPOSE ANY CANDIDATE FOR PUBLIC OFFICE. THIS VOTER GUIDE IS PRESENTED FOR INFORMATIONAL PURPOSES ONLY. INTERESTED PERSONS SHOULD CONSULT A VARIETY OF SOURCES.

VOTER’S GUIDE 7 D.A.A.C. LOS ANGELES Supports mental health diversion & other alternatives to incarceration?

* One-third of people in LA County jails live with a mental illness. (NPR) * LA County is home to the largest mental health facility in the country (Twin Towers Correctional Facility). It is a jail, not a hospital. (NPR)

George Gascón Jackie Lacey Leans Yes Leans Yes

• “GASCÓN: Incarcerating the mentally ill • “LACEY: At a time when homelessness in isn’t humane and doesn’t achieve results California has reached a point of crisis, for our community or the accused, and the criminal justice leaders need to finally current system of care for the mentally address the way we treat the mentally ill suffers from a lack of resources and ill and how our institutions respond to coordination…. Simply adding mental incidents of mental health crisis. The illness treatment services to traditional criminal justice system needs to better jails does not adequately address the treat people living with mental illness for root problems since correctional facilities a wide variety of reasons, as the current are designed for punishment and control, system is bad for taxpayers, public safety rather than treatment and rehabilitation. officers and most importantly, the people Therefore, I would advocate for regional struggling with mental health issues.” behavioral health justice centers to keep (THE HILL) the mentally ill out of our jails in the first place.” (TJC QUESTIONNAIRE) *On January 23, 2019, Lacey LAUNCHED a Mental Health Division within the DAs office. • San Francisco’s Behavioral Health Court was praised by the SF Public Defender for • “As in many other large cities, roughly its success, but acknowledged that model 30 percent of the people in jail in Los diversionary programs like this “have very Angeles have mental health issues. But limited resources, and there is often a long rather than fight to keep them out, Lacey’s waiting period for defendants.” office is often charging people with mental (SF CHRONICLE) illnesses with new crimes once they are detained.” (THE APPEAL)

DAAC DOES NOT ENDORSE OR OPPOSE ANY CANDIDATE FOR PUBLIC OFFICE. THIS VOTER GUIDE IS PRESENTED FOR INFORMATIONAL PURPOSES ONLY. INTERESTED PERSONS SHOULD CONSULT A VARIETY OF SOURCES.

VOTER’S GUIDE 8 D.A.A.C. LOS ANGELES Supported Prop. 47?

*Prop. 47 is a measure that converted certain low-level felonies to misdemeanors. (LA TIMES)

George Gascón Jackie Lacey Yes No

• “I am a proud co-author of Proposition • “[Lacey] opposed Proposition 47. When 47, the 2014 criminal justice reform it passed, she was slow to embrace initiative...It’s time to put the war on drugs the changes it brought, and could not in the rearview mirror. Prop. 47 is helping adequately report how the decrease in us make that happen.” (SF CHRONICLE) felony prosecutions affected her office’s budget and workload.” (LA TIMES) *“During [Gascón’s] two terms, San Francisco prosecutors filed criminal *“Lacey’s office filed on 86% of all charges in only 40% of misdemeanor cases misdemeanors presented to them.” presented by city police.” (LA TIMES) (LA TIMES)

Supports AB 392 which heightens the standard for lawful use of force by law enforcement?

*Under new use of force law that went into effect Jan. 1, 2020, lethal force by a peace officer is only justifiable when they reasonably believe it is necessary to prevent imminent serious bodily injury or death. (LA TIMES); (LAIST)

Yes Appears No

• “I was the only DA and the only law • Lacey concluded by writing that “AB enforcement official that supported 392 is a measure that seeks to address Assemblywoman Sherley Weber’s original a myriad of concerns surrounding the legislation that would have made police legal lethal use of force standard thereby use of force required to be minimum and gaining public trust for our peace officers. necessary. That, to me, was the standard My Office is currently in the process that needed to occur in order to begin of evaluating AB 392… I will make my to create a culture that reduced police decision on a position after our process is shootings.” (THE APPEAL); (AB 392) complete.” (DAVIS VANGUARD)

*No public statements of support of AB 392 have been identified.

DAAC DOES NOT ENDORSE OR OPPOSE ANY CANDIDATE FOR PUBLIC OFFICE. THIS VOTER GUIDE IS PRESENTED FOR INFORMATIONAL PURPOSES ONLY. INTERESTED PERSONS SHOULD CONSULT A VARIETY OF SOURCES. VOTER’S GUIDE 9 D.A.A.C. LOS ANGELES Supports limiting the prosecution of drug related offenses?

George Gascón Jackie Lacey Yes Leans Yes & Leans No

• “Gascón directed prosecutors in San • “[Lacey] opposed Proposition 57 and Francisco to stop prosecuting homeless marijuana legalization, measures that defendants and those with substance easily passed with Los Angeles voters.” abuse problems for low-level and (THE APPEAL) nonviolent offenses. He has also pushed for the expansion of a pre-booking • “Lacey issued a directive in 2017 to diversion program, launched in San make defendants eligible for a pre-filing Francisco, for low-level drug offenders as diversion program if they had been an alternative to jail.” (LA TIMES) charged with some low-level non-violent crimes, including simple drug possession • “I’m a supporter of decriminalizing drug and drinking in public…. She also joined use and following the Portuguese model a multiagency effort to void warrants to the extent possible in our system. and tickets for more than 2 million minor However, as it is the case in Portugal, offenses, the fines for which also often major drug trafficking should be evaluated prove to be a roadblock to services and through a different system than that housing.” (LA TIMES) of possession for personal use and subsistence.” (TJC QUESTIONNAIRE)

DAAC DOES NOT ENDORSE OR OPPOSE ANY CANDIDATE FOR PUBLIC OFFICE. THIS VOTER GUIDE IS PRESENTED FOR INFORMATIONAL PURPOSES ONLY. INTERESTED PERSONS SHOULD CONSULT A VARIETY OF SOURCES.

VOTER’S GUIDE 10 D.A.A.C. LOS ANGELES Views on proposals aimed at reducing the prison population?

* The LAC jail system is the largest in the country (LA ALMANAC)

George Gascón Jackie Lacey

• “I would not be seeking three strikes.” • “Los Angeles County has a long-standing (DAAC EVENT VIDEO) policy against seeking a third strike for nonviolent or non-serious crime.” • Endorsed and Co-chaired the campaign for (DA’S OFFICE) Prop 36, reforming 3 strikes sentencing. (SF GATE) • Supported Prop 36, reforming 3-strikes sentencing. (LA TIMES) • Supported Prop. 57, Prop 64, which legalized marijuana possession, and co- • Opposed Prop. 57, which increased authored Prop. 47, all bills that reduce parole chances for individuals convicted incarceration. (SF CHRONICLE); (DAILY NEWS) of nonviolent felony crimes and gave them more opportunities to earn credits • Enforced SB 1437, resentencing for good behavior. It also allowed judges, individuals under an amended felony- not prosecutors, to decide whether to try murder rule. (SF CHRONICLE) certain juveniles as adults in court (KPCC); (BALLOTPEDIA)

• Opposed SB 1437, which amended the felony-murder rule, does not enforce it and has fought it, arguing the statute is unconstitutional (DAILY NEWS); (THE APPEAL)

DAAC DOES NOT ENDORSE OR OPPOSE ANY CANDIDATE FOR PUBLIC OFFICE. THIS VOTER GUIDE IS PRESENTED FOR INFORMATIONAL PURPOSES ONLY. INTERESTED PERSONS SHOULD CONSULT A VARIETY OF SOURCES.

VOTER’S GUIDE 11 D.A.A.C. LOS ANGELES Supports ending cash bail?

*”Cash bail is used as a guarantee that a defendant will return to court.The money is returned after they make all necessary court appearances, otherwise the bail is forfeited to the government.” (BRENNAN CENTER) * Prop 25 is on the ballot. It would replace cash bail with a risk assessment tools to determine whether a detained suspect should be granted pretrial release and under what conditions. (BALLOTPEDIA) *Pretrial algorithms, commonly known as “risk assessment tools,” have been critiqued for their flaws and potential to codify racial disparities. (BAIL PROJECT)

George Gascón Jackie Lacey Yes Yes

• “I believe the money bail system is • “I recently was asked about my position inherently unequal and wrong. I believe on bail reform and want to reiterate my that evidentiary hearing assisted by commitment to reforming the existing risk-based systems that aren’t based monetary bail system. I envision a on factors susceptible to historically pretrial release procedure that maintains discriminatory practices are better public safety, ensures court appearances alternatives to money bail.” and protects victims’ rights without (TJC QUESTIONNAIRE) disproportionately affecting low income arrestees. I support the new state law [SB 10] and oppose any effort to roll back the bail reform measures.” (LAC DA’S OFFICE)

Response to the movement to defund the police?

• “You can take that funding and you can • “I don’t believe in defunding the police but I move it away to public health. You can do believe in funding mental health care, I do move money away to education or dealing believe that our children have substandard with social services. You can move money education so we need to change that, I do away [to] transportation departments. believe many of the young people don’t have So what you do is you start shrinking the goals so we need to inspire them to reach size and the role of policing, which is so for the stars, I do believe that we need to polarizing, so you start funding all those invest in more reentry program so that when nonprofits that do this work extremely somebody comes out of jail they can find a well and will do it at a fraction of the cost job. But it’s gotta be more than money. It’s and are less likely to have the horrendous gotta be a real commitment of all of us to outcomes of having somebody get killed start working together. The police and the or the over-incarceration of particular community are the only solution to solving communities. That’s what they’re talking the issue that we’re talking about. And about and that’s what we need to do. And so there’s gotta be more dialogue, there’s actually, by the way, it would make us a gotta be more… maybe more training, and safer community.” (GASCON YOUTUBE) there’s gotta be more prayer.” (SPECTRUM NEWS PODCAST)

VOTER’S GUIDE 12