A Los Angeles judge has denied a cop-killer’s petition to overturn his death sentence and gain release on parole. Thomas Buckley writes in the California Globe that Jessie Gonzales’ habeas corpus petition claimed that prosecutors withheld evidence regarding the reliability of a witness during his 1979 murder trial. The withholding of possibly exculpatory evidence was held unconstitutional by the U.S. Supreme Court’s 1963 ruling in Brady v. Maryland. District Attorney George Gascon’s office conceded the Brady error but argued that it did not void Gonzales’ conviction, only his death sentence. Because Gonzalez is 76, under Gavin Newsom’s generous early release policy, he would undoubtedly be set free. Fortunately, even though both the defense attorney and Gascon’s office were supporting the murderer, the effort failed.
Gonzales, known by his fellow gang members as “Bird,” was convicted and sentenced to death for the shotgun murder of LA County Deputy Jack Williams while he was serving a warrant. The evidence of guilt was substantial. The judge held that even if Gonzales’ claim were true, it would not have changed the outcome of the trial or the sentencing hearing. He also noted that a Brady claim involving the withholding of trial evidence cannot be split to effect the sentencing but not the trial.
The effort to overturn death sentences by Gascon’s office is not unusual. As noted on this blog two years ago, Gascon and California Attorney General Rob Bonta have been working together to overturn the death sentences of every capital murderer in Los Angeles County. In death penalty cases where the appeals were being handled by the Attorney General, when the murderer’s defense attorney files a new claim of trial or sentencing error in Superior Court, Bonta’s office issues a Notice of Withdrawal leaving Gascon’s office to represent the people. Gascon then concedes the claim and partners with the defense attorney to request that the murderer’s death sentence be overturned. Prior to Gascón’s election, cases of this type were handled by multiple deputies, they are now handled by one Deputy District Attorney, Shelan Joseph, who was a longtime member of the Public Defender’s Office until Gascón hired her. Nobody under Gascón’s authority is defending the citizens of Los Angeles County and the murder victims in these cases.
The post Judge Rejects Gascon’s Bid to Release Cop Killer appeared first on Crime & Consequences.
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John Fudenberg 