Greenberg: Justice Still Elusive in San Francisco

San Francisco District Attorney Brooke Jenkins has made it clear that the judge presiding over an arraignment in a felony Walgreens merchandise theft case is no friend to the law-abiding citizens of San Francisco. The accused perpetrator was let out pre-trial on his own recognizance, even with sufficient evidence to order him held. Marcos Smith-Pequeno, 28, faces multiple criminal counts including organized retail grand theft, commercial burglary, grand theft, petty theft with priors, vandalism, and resisting arrest. The loss to Walgreens totaled $16,000 plus damage to a display case along with alleged injuries to a store employee. Smith-Pequeno was arrested shortly afterwards while fleeing. A review of his records shows he has a history of criminal acts and convictions.

Jenkins is the city’s chief prosecutor – San Francisco’s District Attorney, who is taking her job seriously. She’s the one who replaced rogue and recalled Chesa Boudin. We have a lot to thank Jenkins for, as she’s removed the chaos in the DA’s office; she’s got a track record of wins in the courtroom, securing convictions, and many observers feel she’s got a shot at moving into higher office based on her success on criminal justice. Today, she was heavily critical of the judge which let the accused Walgreens thief out, with no bail, only required to appear on March 13^th for the next hearing.

Proposition 36, the much-needed reform to detrimental Prop 47, was approved by California voters last November, to celebration by crime-weary residents, businesses and tourists alike. Passed by nearly 70% of voters, Prop 36 reformed accountability in thefts and drug crimes. Within weeks, local court procedures were updated to reflect the new rules including lengthening of jail time if theft is organized. Previously, Prop 47 was the excuse used by many a public defender (and rogue DAs and judges aligned with them); it was the monkey-wrench in the criminal justice system.

Prior, perpetrators contemplating robberies believed they could get away with a lot, an awful lot, and not be held accountable. And in so many democrat-led cities across California, that is what they got: little to no accountability. It was a truly regrettable era, when combined with Covid, BLM and George Floyd riots, lootings and cities decimated due to the rampant crime.

But San Francisco recalled our insane District Attorney. We celebrated a real prosecutor taking the helm once Chesa Boudin was thrown out. We applauded when the hammer of activism against the police department was held back, though it’s not entirely removed, it’s just a much smaller hammer. And the city’s property crime has noticeably ticked downwards.

Chain stores, department stores and corner shops and pharmacies have been reeling over the last 5 years, enduring many brazen lootings caught on camera, broadcast to the world by citizen journalists and network reporters on occasion. Walgreens has given up many of its store locations as losses to theft were staggeringly high. San Francisco has again lost multiple Walgreens in the latest round of closures just last week, including the famous “Freezers in Chains” location profiled on CNN.

While activists these past few years focused on San Francisco’s DA and worked to elect more centrist candidates to the Board of Supervisors, and a better mayor as well, the role of judges in the chain of accountability is overlooked. Judges are crucial player in the prosecution of crimes. When the bench is lenient, an accused is let off, frustrating the prosecution and ultimately harming society. Judges in San Francisco which preside over local criminal courts are elected, and that’s key.

As a show of disapproval, elected officials can be not only defeated at the polls but they can also be recalled. Local judges can be removed by recall as well, though it’s not something we often hear about. It is essentially the same procedure used to recall a mayor, a district attorney, a city council member, or a board of education commissioner among others. In a recall-centric San Francisco, should an effort be launched to bring rogue activist judges to justice?