GASCÓN CALLS ON DA JACKIE LACEY TO DECLARE CONFLICT AND RETURN DONATIONS

LOS ANGELES — Today, George Gascón called on District Attorney Jackie Lacey to declare a conflict in the case of the People vs. Jonathan Deveax, Case No. BA442091. In addition to declaring a conflict, Gascón calls on DA Lacey to refer the case to the Attorney General or a neighboring county District Attorney’s Office and return funds raised by Deveaux’s attorney, Mark Werksman, who hosted a fundraiser for Lacey last Thursday. That fundraiser has already come under intense scrutiny, as the firm Lacey employed has deep ties to Donald Trump and money laundering.

“This is a clear conflict of interest of which the DA was undoubtedly aware,” said former District Attorney and Assistant Chief of the LAPD, George Gascón. “You can’t raise money from attorneys who are representing defendants you’re currently prosecuting, and Lacey’s willingness and history of accepting such questionable donations gives me pause. The elected DA must work in the interests of the people, and not to further her own political advancement.”

The American Bar Association’s rules governing conflicts of interest reference a slew of responsibilities related to financial or political interests. Specifically, “a prosecutor who has a significant personal, political, financial, professional, business, property, or other relationship with another lawyer should not participate in the prosecution of a person who is represented by the other lawyer.” Emphasis added. Further, the California Court of Appeal found in People v. Vasquez (2006) 39 Cal.4th 47, 45 Cal.Rptr.3d 372, 137 P.3d 199, “[A] ‘conflict,’ for purposes of section 1424, ‘exists whenever the circumstances of a case evidence a reasonable possibility that the DA’s office may not exercise its discretionary function in an evenhanded manner. Thus, there is no need to determine whether a conflict is “actual” or only gives an “appearance” of conflict.'”

The conflict stems from a fundraiser last week hosted by a defense attorney, Mark Werksman, who is currently defending a man in a case mired by allegations of prosecutorial misconduct and retaliation by Lacey’s Office against a whistleblower who sounded the alarm on sexual harrasment. News coverage of that case has featured both DA Lacey and Mr. Werksman, suggesting the DA was indeed aware of the case and Mr. Werksman’s involvement, and yet chose to participate in the fundraiser and accept the contributions anyway.

Lacey has previously returned donations where a conflict was present, and went as far to thank the Los Angeles times for, “bringing [those] contributions to her attention.” Per the Times, the previously accepted and returned donations were from the parents of a man charged with murder, a chiropractor facing insurance fraud charges in another county, a man from Sun Valley who was convicted of trying to smuggle missile parts to Iran, and a Glendale used car dealer who faced consequences for an illegal campaign donation.

Meanwhile, in addition to the conflict present with Werksman, Lacey’s campaign partnered with the Pluvious Group to host last week’s fundraiser. In July, the Democratic Congressional Central Committee pointed out that Pluvious had been, “involved in a Federal probe regarding a more than suspicious breakfast event they organized at President Trump’s D.C. Hotel.” The breakfast was part of a Federal criminal “investigation into whether foreigners contributed money to the Trump inaugural fund and PAC by possibly using American intermediaries.” That association is pregnant with implication, as a review of public records indicates that the Pluvious Group has not represented any other democrat at the federal, state or county level, therefore raising questions as to why Lacey, who is registered as Democrat, selected the firm. It also raises questions as to why the Pluvious Group would choose Lacey to be the first democrat with whom they’ve worked.

The Werksman/Pluvious Group event for DA Jackie Lacey came just three days before the Los Angeles County Democratic Party made its recommendation in the closely watched race for District Attorney. On Sunday evening the endorsement committee recommended George Gascón for Los Angeles District Attorney. The LA County Democratic Party Central Committee is scheduled to make their endorsement on Tuesday.

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George Gascón grew up in Los Angeles after his family immigrated from Cuba. An army veteran, Gascón served as a Los Angeles Police Department Officer for 30 years, rising to the rank of Assistant Chief of Operations. In 2006 he became Chief of Police in Mesa, Arizona, where he stood up to the hateful and anti-immigrant policies of then Maricopa County Sheriff Joe Arpaio. In 2009, then-San Francisco Mayor Gavin Newsom appointed Gascón Chief of Police. Newsom turned to Gascón again in 2011 when he tapped him to be District Attorney to fill the seat vacated by an outoing Kamala Harris who had been elected Attorney General. During his tenure Gascón implemented reforms that are being duplicated across the country while overseeing violent crime and homicides drop to rates not seen in 50 years. After being elected to two terms, Gascón returned to Los Angeles to care for his elderly mother and to be closer to his two daughters and grandchildren in Long Beach. Gascón is married to Fabiola Kramsky, a three-time Emmy Award winning journalist and recipient of the “Premio Nacional de Periodismo,” the highest recognition given to journalists in Mexico.