Judge Rules That LA's Soros Prosecutor Is Acting Illegally When He Refuses to Enforce the Law Against Criminals

 

A MOTHER'S DAY DOUBLE MURDER

One stark example occurred recently in Department 115 on the 11th floor of the main criminal courts building downtown.

Judge Mark Arnold was hearing motions in the 2018 Mother's Day double murder of two 15-year-old boys � La'marrion Upchurch and Monyae Jackson � and the wounding of two others. The three defendants are believed to have mistaken Upchurch and Jackson for rival gang members when they opened fire on them as they walked home from a party in South L.A.

...

The hearing was mostly a procedural bore, until the judge turned to the prosecutor: "Now I understand that Mr. Michelena, you have a motion."

Deputy District Attorney Michael Michelena stood. "There is a motion that I've been directed to make from the district attorney to dismiss all allegations of any kind."

"Allegations" are sentencing enhancements. In this case, Michelena was asking the judge to drop enhancements that accuse the defendants of using a gun, belonging to a gang, and committing multiple murders -- which could mean life without parole.

...

What happened next is extraordinary.

MY MOTION IS ILLEGAL

Michelena, a member of the DA's gang unit, told Judge Arnold the motion he just made is illegal, citing Section 1386 of California's penal code: "The district attorney may not just on their own abandon a prosecution for a public offense."

He was echoing the arguments in his union's lawsuit against Gascon. One of its key assertions is that a DA cannot move to dismiss enhancements in hundreds of cases all at once.

"A dismissal in the furtherance of justice must be based on the individualized considerations." Michelena argued. "It cannot be based on antipathy for the law or a belief that the law is unwise."