Distinguishing. Atty. Nathan Hochman allows prosecutors to seek the death penalty again in Los Angeles, reverting one of his predecessor George Gascon’s signature policies.
This movement is almost a surprise. Hochmann campaigned on the issue as soon as he announced his challenge to Gascon in 2023.
California law allows the defendant to seek the death penalty only if he is accused of murder in special circumstances. This includes multiple murders or victims being law enforcement officers or witnesses to a crime. If the prosecutor does not seek the death penalty in such cases, the defendant will face life in prison without the possibility of parole.
“I have said that I remain unwavering in ensuring that the punishment the Office is seeking is fair, fit and appropriate, in consultation with the survivors of homicide victims, and with full input on the factors that have helped to mitigate and worsen each case.
The day after defeating Gascon, Hochman said he would only pursue the death penalty in “rare cases” including school shootings, domestic terrorist attacks and police killings.
Hochman said Tuesday that the new death penalty policy would give defense attorneys the opportunity to present evidence of mitigation factors to the office’s special situation committee.
The committee will be led by Deputy Director Steve Katz, or his designation of choice and three other prosecutors, according to a spokesman for the District Attorney’s Office. Hochman has the power to finalize the death penalty decision, a spokesperson said.
If Hochman’s policy changes actually affect it, it is unclear what happens, if any. Governor Gavin Newsom was held in California in 2019. As long as Democrats retain control over the Congress and the governor’s office, it is unlikely that it will be overturned as long as the party holds sound benefits among registered voters.
Death penalty opponents often have different effects on black and Latino defendants, and they argue that they can point to national cases in which the defendants were executed despite serious questions about the validity of the original conviction.
“This decision is a step behind LA County. The death penalty is a cruel and irreversible punishment that is racially biased and has no effective deterrent,” Los Angeles County public defense attorney Ricardo Garcia said in a statement. “The death penalty is doubled in a system that disproportionately harms poor people and communities of color.”
