Killer Stays Locked Up – George Gascon Ploy Fails
The move by Gascon’s office to essentially endorse the release of a cop killer infuriated many in the public, including Williams’ family
By Thomas Buckley, December 5, 2023 5:35 pm
A Los Angeles judge today turned aside the request of cop killer Jesse Gonzales’ effort to go free.
Though he was aided and abetted by the office of Los Angeles County District Attorney George Gascon, Gonzales’ latest ploy – a writ of habeas corpus – was denied.
Gonzales, reportedly known in the gang as “Bird,” shotgunned LA County Deputy Jack Williams in 1979 and was sentenced to death shortly thereafter.
During his trial, testimony was heard from a dodgy jail house informant and Gonzales argued that the prosecution knew the informant had problematic history but failed to tell his defense of potentially “exculpatory” evidence, resulting in what is known as “Brady violation.”
Gascon deputy Shelan Joseph – doing what typically a defense attorney would do – today argued that the violation was bad enough to void the penalty phase – but not the guilt phase – of Gonzales’ trial. If her argument had been successful, Gonzales could have had his death sentence reduced to life, thereby most likely making the 76-year-old man eligible parole and release from prison.
The move by Gascon’s office to essentially endorse the release of a cop killer infuriated many in the public, including Williams’ family.
It was also seen by many – including his rivals in the March, 2024 DA election primary – as an abdication of the duty of the responsibility – basically, lock up bad guys and keep them locked up – of any district attorney’s office.
The judge today ruled there was no “Brady violation,” that even if there was one it would not have changed the outcome of either phase of the trial.
“Either phase” is used advisedly as Joseph, in what could be at best be charitably called a novel argument, said Gascon’s office was not supporting the Gonzales writ in regard to the “guilt phase,” admitting there is exactly zero question he shot Deputy, but was supporting it for the “penalty phase.”
In other words, Joseph argued that yes “Bird” did kill Williams during the service of a warrant but that he didn’t deserve the death penalty because, well, because.
That attempt to split the writ did not impress the judge or other courtroom observers and legal experts because Jospeh is not allowed to do that.
“Legally, it’s not actually possible,” noted Kathleen Cady, a former prosecutor who has come out of retirement to assist – pro bono – crime victims and their families, like the Williamses – being further victimized by Gascon’s policies. “It’s just not a thing.”
So Gascon’s office admitted Gonzales killed a police officer but then still tried to get him out on not even a technicality but a made-up, improper argument.
Well, at least Gascon’s marrying of ideological hubris and legal incompetence is consistent.
Now that is most definitely a thing.
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Not familiar with this publication, but this is an opinion piece, not an “article.”