Beverly Hills May File No-Confidence Resolution Against Gascon

BEVERLY HILLS, CA — The Beverly Hills City Council is considering passing a vote of no confidence against Los Angeles County District Attorney George Gascon, arguing that the recently-elected prosecutor has issued numerous directives that “may be viewed as placing the safety of the general public at risk.”

Mayor Lester Friedman and Councilmember Lili Bosse submitted a report that takes issue with a number of Gascon’s directives, including:

• Barring prosecutors from seeking the death penalty
• Eliminating cash bail for misdemeanors and non-violent felonies
• Declining or dismissing a number of misdemeanor charges before arraignment, including trespassing, public intoxication, driving on a suspended license, loitering, resisting arrest, and more
• Eliminating enhancements that increase prison terms like the Three Strikes Law, bail violations, and firearm allegations to pending litigation for certain crimes

Friedman and Bosse say that Gascon’s directives conflict with the city’s “tough on crime” Legislative Platform, which opposes efforts to decriminalize existing crimes or expand early release efforts for criminals. A resolution draft says that the city of Beverly Hills “places the utmost priority on public safety and protecting its community,” and Gascon’s “unilateral policies” contradict state law determined by either voters or the legislature. The resolution demands that Gascon rescind all of his directives, and issue no further directives contradicting state law.

Friedman and Bosse are hardly the only ones who disapprove of Gascon’s directives, most of which he issued right after he was sworn in in December. Earlier this month, a victim’s rights group joined with LA County Sheriff Alex Villanueva - himself the subject of a no confidence vote from the County Board of Supervisors in October - to launch a recall effort against Gascon. The group has 160 to gather the 580,000 signatures necessary to put the effort on the ballot. Gascon’s policies have also been criticized by former law enforcement officers, and even prosecutors under his employ.

In December, the union representing LA County deputy district attorneys sued Gascon, alleging that his directives defy state law and force them to violate their oaths of office. Attorneys have also said that they are being reprimanded for noting in court records their opposition to these policies.

Gascon, the former San Francisco District Attorney, campaigned on a reformist agenda that proved popular in the wake of the George Floyd protests, and he beat former District Attorney Jackie Lacey by 236,000 votes. Gascon has said that his directives have been misunderstood - each directive has many exceptions for more serious crimes. He has also said that outdated policies are unjust, do not prevent crime, and are not supported by the majority of victim’s families. The Three Strikes Project, a criminal justice reform nonprofit headed by UC Berkeley Law School Dean Erwin Chermerinsky and Stanford Law School professors Michael Romano and David Mills said Gascon’s policies will reduce “epidemic” levels of incarceration.

"Our system of justice can't continue to rely on policies that create more victims tomorrow simply because some victims want the maximum punishment imposed in their case today,” Gascon said in a statement.

"I also can't ignore research showing these views are not shared by a majority of survivors of violent crime. Nonetheless, all survivors agree that they need more support, and that's why I'm focused on expanding our ability to provide clinical and trauma informed care for victims."

Beverly Hills has come under fire for the way it handled last year’s protests. A February lawsuit alleges that the city and the BHPD, along with Los Angeles, Santa Monica, and several others in Los Angeles County, violated protesters' constitutional and civil rights through curfews, false imprisonment, and intentional infliction of emotional distress. Beverly Hills police were criticized for shooting rubber bullets and long-range acoustic devices, and for holding 28 prisoners for up to 18 hours with no food or medical attention.

The city also came under fire in August when it filed misdemeanor curfew violation charges against protesters.