Jackie Lacey is the first woman and the first African American to be Los Angeles District Attorney since the office was established in 1850. This year, she is up for re-election against former San Francisco County District Attorney, George Gascón.
Lacey tells Inside the Issues what she learned on the job as a trial lawyer gives her an edge over her opponent. One case in particular, she said, is a great example of how that experience helped a case.
“One case that we just reviewed, where there’s a lot of pressure to file it, was a case where the two deputy sheriffs were shot near the train station,” she said. “And before the case is filed, it’s brought to me, and as a trial lawyer I’m ticking off the elements. The big issue in a case like that is do we have the right person? We have the gun, but do we have the right person given the video?”
While looking further at details of the evidence and other findings, she asks about cell phone evidence and DNA on the gun.
“These are things you go through as a trial lawyer because you know there’s no case that’s automatic, that you can lose a good case,” she continued. “So as a trial lawyer, when you’re talking to a trial lawyer you really have to put yourself in: I’m in the courtroom, I’m proving this case and this is what I need.”
She said trust and “an infrastructure of relationships” are keys to being successful in the role.
“So, for instance, when you are implementing a policy change, or something of that nature, people have to know you know what you’re saying, you know what you’re doing, that you’re doing it for the right reasons and you’re not doing it for political gain and that’s where I have, really, more of a, shall we say edge, on that,” explained Lacey.
Lacey has been criticized by organizations like Black Lives Matter and other activists who say she hasn’t tried enough cases of officer-involved shootings. She said there are many factors that go into deciding to try a case, some factors which the public may not be aware of, like in the case of Ezell Ford.
“Ezell Ford was an African American man who was walking down the street when LAPD confronted him. He was unarmed and in that case,” she remembered.
Following the incident, the family and community expected a filing from the district attorney’s office. Lacey explained why it never went to court.
“This is what we have to remember: we have empowered police officers to carry guns and to use them if the force is reasonable or necessary. In other words, if their life is in danger or someone else’s life is in danger,” she explained. “In that case, when we first look at it, at first flush at say, ‘OK, this should be a criminal filing.’ But as we got into the facts and discovered that Mr. Ford fought back and was actually on top of an officer and grabbing that gun out of an officer’s holster, then we realized, OK wait a minute if he gets that gun out of a holster, which is what the partner officers who were standing over there looking at when they’re shooting Mr. Ford said, then we’re not going to be able to convict that officer of homicide, of any kind of homicide. So, I think that’s the difficult thing, is what you initially see out there in the media or social media or whatever, it’s never the full picture.”
Lacey would like to see fewer officer-involved shootings and is working toward ways of making that happen.
“We’re training officers on de-escalation. We’re looking at ways to figure this part of it out,” she said. “I did support the use of force change of law in its final version because I felt like it was a step in the right direction.”
Donations of more than $12 million have been given to both the candidates, collectively. Some of that money has been from police unions to Lacey, causing criticism that the district attorney may not be pursuing cases against officers in exchange for these donations.
“You have to understand the millions that you’re hearing about do not come directly to me, they come to what’s called an independent expenditure just like Mr. Gascón,” she said. “That said, all anyone can give me is $1,500. You have to look at the results and really look beyond the results.
“We have filed, in the L.A. DA’s office, over 200 criminal cases against cops. And so it belies the fact that I, as the elected, are supported by law enforcement and that’s why more cases aren’t filed. Compare and contrast that with my opponent. He’s not getting any of that money and yet he isn’t filing,” continued Lacey. “So, what’s the difference? The difference is the law, Alex. We’re following the law and that’s what really prevents more cases from not being filed that the public thinks ought to be filed.”
“I would contend that, when you’re talking about the unions it sounds like it’s this large conglomerate or entity, but it’s the men and women in law enforcement who understand what’s going on on the streets. They have to deal with the criminal element and they want someone that they trust, someone who’s a trial lawyer, someone who has integrity and that’s why they’re choosing to support my campaign,” she concluded.
Both candidates have powerful endorsements behind their campaigns. Los Angeles Mayor Eric Garcetti recently switched his support from Lacey to Gascón. The news came directly from the mayor, following a debate between the candidates. Lacey said many factors are at play when it comes to endorsing a candidate.
“Sometimes people endorse you because they think that you’re best for the job, other times they do it for their own political benefit, other times they do it because of a friendship,” she said.
“Right after I got out of the debate, and I really felt good about the ABC debate, the first text was from the mayor saying, ‘Sorry to do this to you but I’m withdrawing my endorsement and that Gascón has been a long-time friend,’” she explained. “That said, it was a surprise because the mayor had severely criticized Prop 47, that he didn’t support it, and that’s Gascón’s biggest achievement.”
Recently 24 female district attorneys all across California expressed their support of Lacey in a public letter.
“I am so proud of all of the female district attorney’s who signed that letter last week to endorse me because they worked with me. They know my character. They know my reputation. They know it’s not about me, that it’s about us and it’s about doing what’s right for victims,” she said in response.
Another endorsement Lacey is proud of is that San Francisco Mayor London Breed. She said she will never forget the conversation they had, when Breed called to tell her, and why it means so much to her.
“It was Columbus Day and I happened to catch the mayor on her cell phone and I felt like we were kindred spirits,” she remembered. “We’re both African American women who came from humble beginnings and we ended up rising, really, to the top of our profession. What she said, and what I believe, is that we all want criminal justice reform, but when you hurt someone, a DA has to stand up and demand justice.”
“We are comfortable in our own skin, we know who we are, we know victims look like us and they want safety and protection in their neighborhoods,” she continued. “If she ever runs for any higher office I will work my butt off to get her there, because I rarely do see an elected official with that much courage and integrity.”
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