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Los Angeles District Attorney George Gascon. (Photo: da.lacounty.gov)

DA Gascón and CDCR Releasing Inmates on Flimsy ‘COVID’ Medical Requests

‘They just want these people released’

By Katy Grimes, March 29, 2021 4:21 pm

There is upheaval within the Los Angeles County District Attorney’s office, and it appears treacherous.

The Globe has reported extensively on LA District Attorney George Gascón, who moved from San Francisco to Los Angeles to run for DA in 2020, and spent more than $2.5 million of billionaire oligarch George Soros’ money to win.

We reported In December shortly after his election, the Association of Deputy District Attorneys for Los Angeles County filed a civil lawsuit asking that newly elected DA George Gascón follow California state constitutional and statutory law. In January, the California District Attorneys Association announced it would file a friend-of-the-court brief supporting the lawsuit by the Los Angeles ADDAs against Gascón because of his radical new directives.

Los Angeles County Superior Court Judge James C. Chalfant ruled in favor of the Association of Deputy District Attorneys for Los Angeles County in the lawsuit.

Since his election, Gascón has issued one directive after another, undermining the rule of law, while simultaneously placing the Deputy District Attorneys in the worst possible position of questioning whether they follow their legal and ethical responsibilities, or risk getting disciplined or fired by Gascón.

Most recently, the LA Deputy District Attorneys received a letter from Joseph F. Iniguez, Interim Chief Deputy District Attorney, saying the California Department of Corrections and Rehabilitation claims the Assistant DAs are violating HIPAA protections of currently incarcerated inmates seeking resentencing under medical claims, by requesting proof of COVID treatments and relevant medical proof. The Globe was told that inmates are attempting to be released from prison for medical reasons “due to COVID risk,” and some have already been released, even when they have received the COVID vaccine.

Deputy DAs in LA have merely asked for proof of medical necessity for the release, but say that DA Gascón shuts them down, further solidifying his “pro-criminal” chops.

From Iniguez’s letter:

It has been brought to my attention that DDAs have been calling CDCR to secure COVID vaccine and other medical information on individuals who have been recommended for resentencing due to COVID risk by the Secretary of CDCR. This information is protected by HIPPA and should not be sought by DDAs without a court order.  Moreover, the information is not relevant to the Secretary’s recommendation.  We confirmed with the Secretary herself that the recommendations stand whether or not an individual has been vaccinated due to many factors including, but not limited to, the fact that no one knows the longevity of the vaccine, there are too many unknowns with variants, and the European variant may soon impact the prison population.

Please inform Head Deputies that the CDCR’s medical determination of High Risk COVID Medical must be followed and conceded to as part of any analysis of these 1170(d) petitions.  Thank you.

The proper channel for inmate resentencing is to send the request back to the original DA unit which tried the case, and judge who ordered sentencing. However, some Deputy DAs say not only is that not happening, DA Gascón is now setting up a special unit to deal with resentencing cases, rather than send back to the original DA and Judge.

The Globe spoke with a source at the Los Angeles DA’s office, on condition of anonymity, who said the traditional way to judge an inmate resentencing request is to take many factors into consideration: the nature of the crime; his conduct in prison; whether he took educational courses for self-improvement and continuing education; the inmate’s overall attitude based on CDCR reports, etc… “But now, if the CDCR requests a COVID release, we are to condone this  without evidence?” the source asked rhetorically. “Prosecutors know there’s a lot of BS — they [inmates] can claim anything they want. Judges usually do their own resentencing.”

“It’s patently offensive to anyone with a brain,” the source said. “CDCR has released thousands of inmates under COVID – this is pure corruption.”

“It is not in the interest of justice. The truth is a mild afterthought,” the source added. “The Chief Deputy is saying ‘we don’t want you to have access to their medical history,’ when really, they just want these people released.

DA Gascón’s office posted this under its resentencing policy: “The District Attorney’s Office is currently in the process of establishing a Resentencing Unit that will eventually process and review cases for resentencing consideration pursuant to Penal Code section 1170(d). The Resentencing Unit will prioritize cases for resentencing based on governing law, careful review of available data, individual case files, public safety, and policy priorities specified by the District Attorney. Additional details concerning the District Attorney’s resentencing policy are contained in Special Directive 20-14.”

On a side note, HIPAA protections were of no concern to the state when Gov. Gavin Newsom ordered contact tracing of the law-abiding California citizens who tested positive for COVID. That went on for the better part of a year – clearly in violation of HIPAA privacy protections.

Next: The real cost of Recidivism. 

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11 thoughts on “DA Gascón and CDCR Releasing Inmates on Flimsy ‘COVID’ Medical Requests

  1. The prospect of Gascom, Boudin and Newsom all being recalled is like a wild dream that makes me smile ear to ear. If not for the damn mask I could show you.

    1. I wanted to say more about this George Gascon character and his goons and the latest outrages reported here but your comment inspired me to merely post the Gascon recall website. Because it’s as simple as this: We MUST get this guy out of the L.A. County District Attorney’s office. ASAP.
      http://recallgeorgegascon.com/
      If you live in L.A. County please sign up for updates. And do what you can.

  2. But having this jackass in office helps keep our Ventura County property values UP from all the LA County residents fleeing the cesspool that is LA County….

  3. I keep hearing about all these killers, rapist, molesters and such being released because of covid, because of L.A. D.A., because of this, because of that.so if all these people are able to gain release for these horrific crimes can one of you peice of shit fake ass politicians please explain to me why my brother has been incarcerated for the past 22 years on a 40 to life sentence for a bullshit ass crime? He didnt hurt anyone, didn’t rape anyone, didn’t molest anyone, but yet has been in prison for 22 years now and I’ve yet to see anyone of you lame ass politician rushing to get him released or re sentenced. Anyone of you people have an answer for that?

  4. Folks. It is time for us to give up any idea of a private life or spare time. There is much work to be done and if we don’t do it, it won’t get done. What can you do? You can contact all your representatives from city hall to the white house and tell them what you want them to do. You can volunteer to work the polls, work for a candidate’s campaign, take it upon yourself to contact your family friends & neighbors and ask them to support the recalls &c. Keep active in the public arena, even if it is behind the scenes. Share your reliable news sources with your friends. Speak up! Speak out! Spread the word!

  5. 85,000/year per inmate x100,000 inmates in Ca
    12,000/year per elementary student
    Do the math, end mass incarceration send our kids to college instead!
    End mass incarceration

    1. I concur with that statement ***** END MASS INCARCERATION PLEASE. WE THE PEOPLE PUT GEORGE GASCON IN OFFICE AND WE WILL KEEP HIM THERE.

  6. Gascon’s pro felon and violent offenders policies are morally and legally corrupt. His brazen pro-violent criminal philosophy is especially hard on the victims of horribly violent and pre-meditated acts of murder, torture, and physical abuse. I know first hand of how Gascon’s new policy of not allowing Deputy DA’s to attend parole hearings on behalf of the victims and that people they represent from the prosecution of the inmate. For the first time in the history of LA County, Deputy DA’s not only cannot attend parole hearings, but cannot even submit a written statement. I recently had to sit in on a parole “hearing” where the inmate had his attorney present but no one was their as an advocate for my murdered mother and me, the surviving son. I sat through this charade praying for my mother and for justice. And this hearing had been moved up by five years, and yet not a word from the LA County DA office to me or my family. Gascon is an affront to justice and defying state laws for his own self-aggrandizement. I have joined the recall against this Soros-financed carpetbagger Gascon so that his cruelty to victims and disregard for law and human decency will end as soon as he leaves office. The sooner the better.

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