Los Angeles DA Candidate Jeff Chemerinsky on Restoring Confidence in Public Safety

LAist AirTalk  

I'm Larry Mantle. It's such a privilege to be able to talk with all the candidates for Los Angeles County District Attorney. I hope you're finding them of value as you decide who you're going to vote for in the upcoming March primary. Joining us today is Jeff Chemerinsky. If that last name is familiar to you, he is the son of the frequent AirTalk guest, a man who has been with me for decades on the program - Erwin Chemerinsky, who's the Dean of Berkeley Law. Jeff Chemerinsky was in the US Attorney's Office for the Central District which takes in much of Central and Southern California. He was a prosecutor on federal cases and he left the office to run for LA County DA. Jeff Chemerinsky, welcome to AirTalk.

Jeff Chemerinsky 

Thank you so much, and it's great to be here.

LAist AirTalk  

Let's talk about your experience. What would you be bringing from the US Attorney's Office if you were elected as LA County’s DA?

Jeff Chemerinsky 

I spent the last nine and a half years as a federal prosecutor at the US Attorney's office here in Los Angeles. I worked on pretty much every type of violent crime case there is and worked with pretty much every law enforcement agency in Southern California. I'm proud of my record as a federal prosecutor.

Most recently, I was Chief of the Violence and Organized Crime Section for the US Attorney's Office, overseeing all violent crime, organized crime, and gang cases for the Office. It's an office that covers a huge geographic scope: over 19 million people are covered by the Office, and I oversaw all violent crime prosecutions for that population. It was a great job and I gave it up to run full time for District Attorney. I also oversaw the Federal Robbery Program for seven years and specialized in armed robbery cases and smash-and-grab robbery cases. 

LAist AirTalk 

Most of the other candidates who are running are staking out a ground that is a more traditional law enforcement position. You are, I think it's fair to say, running to the left of most of the rest of the field. Nevertheless, you're a critic of the incumbent George Gascón. Do you have differences in your policies, or are the differences you have with him with how he has executed the Office?

Jeff Chemerinsky

I have criticisms in both regards. As you said, I'm a lifelong Democrat. I do believe strongly in criminal justice reform. And I think criminal justice reform needs to be done right. I don't think he's delivered on that. I think there's been a number of missteps both in his policies and in his leadership.

I'll start with his leadership. To give one timely example: in today's newspaper, there is a big article about a $5 million settlement that will be paid out from county funds based on a civil rights violation by the DA’s office. The DA’s office filed a case against an election company, and the case was based on right wing conspiracy theories promoted by Donald Trump. After a month, the case was dismissed by the DA’s office, but by then George Gascón had a press conference touting the charges. I think this is an outrageous example of a real failure by the DA's office, and those $5 million dollars will now be paid out of taxpayer money. Under George Gascón, and there's been over 15 lawsuits against him based on his retaliation against his employees and his employment practices. The first of those 15 suits went to a jury, and a jury awarded $1.5 million in damages that will also be paid out of tax money. So I think there are a number of leadership failures.

Now I do believe in criminal justice reform. I think one problem right now is that Gascón has made criminal justice reform seem really unappealing. I think the people of Los Angeles have lost confidence in his leadership and his ability to keep us safe. What criminal justice reform means to me first is that mass incarceration is wrong. We don't want to warehouse people. We have to be really careful and thoughtful in the way we prosecute to make sure that we don’t warehouse people. We need really smart policies that really differentiate between people who need long sentences and people who don't, and make sure our policies aren't simply seeking the longest sentence for every case.

I would differentiate things. For example, I'd be vigorous in prosecuting gun crimes. I think the District Attorney of Los Angeles needs to be a leader when it comes to prosecuting gun crimes.

LAist AirTalk  

Would you use the enhancements available to prosecute gun crimes?

Jeff Chemerinsky 

I do think that gun enhancements speak to the seriousness of those crimes, and I think that they're one of the tools that the DA should be using to vigorously prosecute gun crimes. But for other enhancements, like gang enhancements, I'd be much more reluctant to use those. I think gang enhancements have been abused in the past. And similarly, I'd be much more reluctant to use strike enhancements.

LAist AirTalk 

You've prosecuted organized crime cases. In what cases might you, if ever, use gang enhancements? Are there similarities like with organized crime cases?

Jeff Chemerinsky

I did a lot of gang cases over the years. I convicted the head of all of MS-13 at trial just last year. The year before, I convicted the head of the East Coast Crips at trial. Both were RICO murder cases that I was really proud of. I've seen the effects that gangs have on neighborhoods, and I take gang crime seriously. With that said, I think gang enhancements have often been abused and misused in the past.

Before I launched my campaign for District Attorney, I went on a broad listening tour, and I spoke to a lot of judges and lawyers, on both the prosecution and defense sides. What I heard over and over was that gang enhancements are often abused and misused. That's everything from leverage to getting inflammatory evidence about gangs so that the jury can hear them and be prejudiced. I would be very reluctant to use things like gang enhancements. However, I think smart criminal justice reform policy has to differentiate between things like gun enhancements and gang enhancement, and I would make that differentiation. 

LAist AirTalk 

We're talking with Jeff Chemerinsky, the former assistant US Attorney and candidate for Los Angeles County District Attorney. He is one of the 12 candidates for office, including the incumbent George Gascón, who is seeking reelection. 

Jeff Chemerinsky  

George Gascón didn't differentiate between things like gun enhancements and gang enhancements, and I think that's a major mistake. His policies on day one were abrupt and inflexible, and he had to repudiate much of the reforms he tried to implement. I think I would be a much more effective reformer than our current District Attorney. He's isolated himself, in large part. I think a lot of leaders locally don't want to partner with him because he's seen as such a polarizing figure, and I don't think that needs to be the case. As a lifelong Democrat and a prosecutor, I believe that I can be a reformer who can really collaborate with others, within the community, within the office, and within law enforcement. And I think that's exactly what we need at this moment.

LAist AirTalk  

Jeff, let's talk about the morale problem within the DA’s office, which I think most people can see. You'd be coming in from the outside as opposed to many of the other candidates who are either in the DA's office or dealing with the DA’’s office from the bench or other positions. You'd be an outsider if you were elected. So how would you deal with bringing things down from the boil that they're at now?

Jeff Chemerinsky

Well, first, I would note that I am an experienced prosecutor. I've done cases on the line level, and a number of really big criminal trials against really dangerous individuals. I’ve convicted the head of MS-13. I've done a number of robbery and smash-and-grab trials. So, I really bring that level of expertise with me to the District Attorney's office.

I was also just recently chief of the Violence and Organized Crime Section, so I have a really close relationship with law enforcement leadership throughout the county. I've worked with them in partnership. But a partnership doesn't mean always giving them what they want, it means being a true partner to them: sitting down, talking, and listening to them. I think all that experience sets me apart from our current District Attorney who never once has tried a case, and has never been a prosecutor. The fact that I was Chief of the Violence in Organized Crime Section, and led a broad unit of prosecutors, and staff, and worked with law enforcement to set goals and priorities gives me relevant leadership experience that sets me apart from other candidates in this race.

LAist AirTalk  

The people that we've interviewed in these segments have all said that when it comes to prosecuting juveniles, they’d want the ability to petition for the possibility of that juvenile being tried in adult court; given the nature of the crime, repeat offense, whatever it could be. Is that something you would have a strict prohibition against– juveniles being prosecuted in adult courts?

Jeff Chemerinsky  

The science on this is compelling to me. The human brain isn't fully formed until someone is well into their 20s. As a result, my general rule is that juveniles will be treated as juveniles. I think it’s born by science, really important, and is part of my vision for justice.

With that said, I recognize that we may be presented with exceptional cases where we need to make exceptions. I'll have a very careful process to make sure that whatever exceptions we're willing to make are very limited and are subject to the highest levels of review. Ultimately what justice requires, as being a federal prosecutor, supervisor, and leader, justice requires looking at cases and being willing to accept that we may be presented with truly exceptional cases.

LAist AirTalk  

So what do you do if you're presented with a juvenile who has done something truly horrific? You may say, well, this young person's brain is not fully developed until age 25, and they're years from that. Yet, you have a sense that they could still be a threat to the public after being released from a short period in juvenile custody. What do you do in a case like that? 

Jeff Chemerinsky

That case would be subject to rigorous review within my office by different levels to make sure that we get it exactly right. The reality is, that we may be presented with an exceptional case, or we may not. We are willing to make exceptions and treat them appropriately, but also willing to revisit them. I've dealt with offenders who are younger and I've made exceptions for them. I've taken into account that they may age out to be a danger to the community. The best you can do is to look at the facts of the case and be willing to make exceptions. Even in those cases where you have a juvenile who needs to be treated as an adult, I still would anticipate looking at the juvenile's young age as a mitigating factor at charging, sentencing, and pleading– at every stage. 

LAist AirTalk   

We’re talking with Jeff Chemerinsky, candidate for Los Angeles County District Attorney, formerly in the US Attorney's office based in Los Angeles as a prosecutor. I want to ask you about prosecuting officer-involved shootings. Fifteen officers have been prosecuted in the four years of George Gascón's term, which compares to just two officers prosecuted in the previous two decades. What do you think of these cases that the current DA has decided to prosecute? Do you think his approach is better than his predecessors?

Jeff Chemerinsky  

Yes. So I think police accountability is really important for the DA's office. I think that it's really important that the DA's office is both a partner to law enforcement and at times, willing to be a check on law enforcement. It's part of the role that the DA’s office needs to play, and I'd be prepared to play. The reality is that I come from the US Attorney's Office which has a strong culture of police accountability and civil rights prosecutions, and I would prioritize those cases, along with others. Now, I think the DA's record here is more mixed than what you said. The LA Times last year published an article laying out the mixed record; they said that while he promised police accountability, he's under-delivered. I would really make sure that these cases are properly staffed, and properly resourced, and that civil rights violations are taken seriously in my district attorney's office.

LAist AirTalk   

Let's talk about Prop 47, which reclassified six crimes, reducing them from felonies to misdemeanors. There's been great controversy about property crimes of under $950. Whether it's petty theft, shoplifting, or receiving stolen property, do you support those dollar limits in Prop 47? Would you support modifying that number? 

Jeff Chemerinsky   

Prop 47 increased the felony threshold from $400 to $900. That was a fine change. About 37 states have thresholds that are even higher than $900, including Texas which has a threshold of $202,500. So I don't think that threshold change was a real problem. Now with that said, I do think that as DA, there needs to be consequences, even for misdemeanor offenses. Repeated thefts are serious. As DA, I would be serious about having consequences for people who repeatedly steal. Just because something's a misdemeanor doesn't mean it has to have no consequences. That's how I would view the law and the reality is that even if I wanted to change Prop 47, that's not a change the DA could make. 

LAist AirTalk   

We're getting tight on time, but I want to ask you about quality-of-life crimes that the DA’s office isn't prosecuting but can be. Something in those neighborhoods seems to be a significant problem. If you were elected, would you go back to prosecuting those crimes?

Jeff Chemerinsky

I would take a careful approach to this. When I talk to different communities in different areas, I often hear about these quality-of-life offenses that are affecting neighborhoods throughout our county. I take them seriously, and people need to feel like the law is working. Right now, so many people in the county feel like the law simply is not working. Many have lost confidence in our current district attorney to keep them safe, and I think it's really important that the district attorney speaks to the needs of the communities. Quality-of-life offenses need to have consequences and that doesn't mean, of course, seeking the longest sentence. That doesn't mean the consequence has to be jail time. I do think that if people violate the law, especially people who violate the law repeatedly, there should be consequences and that can mean diversion. It can be drug rehabilitation or mental health services, but I do believe in consequences for offenders, including quality-of-life offenses.

LAist AirTalk  

Jeff, we're up against the clock: Just a very quick 20-second closer, your statement to voters.

Jeff Chemerinsky  

I would love to have your support. I believe that I am the prosecutor and reformer that our county needs at this moment. I've been endorsed by the League of Conservation Voters, the leading environmental group that's endorsed in this race, by the Hollywood Chamber of Commerce, by our City Attorney Heidi Feldstein Soto, by Connie Rice, who's the leading Civil Rights attorney in our area, by former Congressman Henry Waxman, former Congressman Mel Levine, and former Congresswoman Yvonne Burke. I believe I'm the leading Democrat in this race, the best Democrat in this race, and I'd love to have your support. 

LAist AirTalk 

Jeff Chemerinsky, thank you for being with us. Appreciate it very much. Jeff Chemerinsky, former Assistant US Attorney prosecutor in Los Angeles, and candidate for Los Angeles County District Attorney. We've invited all 12 of the candidates to join us here on AirTalk.