LA County DA: Death Penalty to Be Pursued Only in Rare Cases

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Revised Death Penalty Policy in Los Angeles County

Los Angeles County District Attorney Nathan Hochman has announced a major shift in policy, stating that the death penalty will only be sought in exceedingly rare cases. This decision reverses a directive from his predecessor, George Gascón, who had banned prosecutors from pursuing capital punishment in special circumstance murder cases.

Hochman emphasized that every case will undergo a comprehensive review, considering input from the victims’ families and weighing mitigating and aggravating factors to ensure justice is served.

Strict Criteria for Death Penalty Consideration

The District Attorney’s Office clarified that seeking the death penalty will require an extensive review and will be limited to the most egregious cases. Additionally, defense attorneys will have enhanced opportunities to present mitigating evidence before a final decision is made.

Victims’ families will also be consulted before any determination, ensuring their voices are heard in the legal process.

Reversal of Gascón’s Directive

This policy shift overturns the stance of former DA George Gascón, who had barred the pursuit of the death penalty entirely, arguing that capital punishment was never an appropriate sentence.

Despite Gascón’s policy, two individuals—Michael Gargiulo and Jade Douglas Harris—were sentenced to death under cases initiated before his tenure. However, their sentences were finalized despite Gascón’s attempts to intervene.

California’s Death Penalty Moratorium

While Hochman’s new policy allows for the death penalty in rare instances, California remains under a statewide moratorium declared by Governor Gavin Newsom in 2019. Newsom ordered the closure of the San Quentin execution chamber, stating that the death penalty has been a failed system—discriminatory, costly, and ineffective as a deterrent.

“The intentional killing of another person is wrong,” Newsom stated, reaffirming that he will not allow executions to take place under his administration.