Metropolitan News-Enterprise


Friday, January 14, 2022


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Gascón Emerges As an Issue in Attorney General’s Race

Sacramento District Attorney Opens Fire on Him Over Not Moving for Trial of Sexual Assaulter As Adult


By a MetNews Staff Writer


Sacramento District Attorney Anne Marie Schubert has joined with the other two major potential challengers to state Attorney General Rob Bonta in linking her campaign to discontentment over policies of her Los Angeles County counterpart, George Gascón.

She blasted him over his opposition to trying as an adult, a 26-year-old man who committed a sexual assault on a 10-year-old girl when he was 17 days shy of his 18th birthday.

Another person expected to become a candidate when filings open on Jan. 31 is Los Angeles attorney Eric Early, who said yesterday that “Gascon’s policies and actions will play a central role in the AG contest,” adding that Bonta “is a Gascon acolyte.”

Schubert’s Statement

In a press statement issued late Wednesday, Schubert said:

“This week, the Los Angeles District Attorney George Gascón is refusing to hold an admitted child sexual predator accountable because—get this—he was just days short of his 18th birthday.

“THAT is Chaos!”

“I was not surprised when appointed Attorney General Rob Bonta endorsed George Gascón.”

At the time Bonta endorsed Gascón—first for district attorney of San Francisco then for the same post in Los Angeles—he was a member of the Assembly. Bonta was sworn in as attorney general on April 23.

Schubert continued:

“I am not surprised that the career politician has converted the office of Attorney General from an office that stands up for victims to one that is, literally, being celebrated by criminals.

“What I could never imagine is that admitted child molesters would be given Get Out of Jail Free cards by the very people who are elected to protect our communities and children.”

2014 Assault

Defendant James Tubbs committed his offense on New Year’s Day in 2014 in the women’s lavatory at a Denny’s restaurant in Palmdale. In 2019, a DNA match established his identity and he was arrested by California authorities while he was incarcerated in a jail in Idaho.

He was charged here after Gascón became district attorney on Dec. 7, 2020 and, pursuant to one of Gascón’s first-day-in-office special directives, a trial of him in the adult criminal court was not sought. Tubbs admitted the allegations in Juvenile Court.

Tubbs is awaiting a disposition—however, he faces the prospect of no term of incarceration based the Juvenile Court’s jurisdiction having lapsed because Tubbs has reached the age of 25.

Hochman’s Remarks

Also gearing up for a campaign for the office Bonta holds is former U.S. Assistant Attorney General Nathan J. Hochman, a lawyer who advises a law firm, Browne George Ross LLP. Hochman lambasted Gascón in a July 27 statement, which noted a Los Angeles Superior Court ruling that some of his directives are unlawful, commenting:

“[I]t’s no wonder that more than 20 cities in the county participated in the efforts initiated by Santa Clarita by passing the first ‘distrust resolution’ against Gascon. And so far, more than 100,000 residents have signed a petition to bring him back.

“Prosecutors must do the hard, fact-intensive task of balancing the interests of the public, victims and criminals in each case to achieve justice and overall impartiality....Gascon tried to skip these steps because they did not fit well with his grand declaration of system fraud. If Gascon wanted to change the criminal law to enact his policy provisions, he should have been a member of the state legislature instead of the DA. As a Los Angeles police officer, he should know more than anyone else that you can’t enforce the law by breaking it.”

Early’s Views

Early, managing partner of Early Sullivan Wright Gizer & McRae LLP, yesterday endorsed the movement to recall Gascón. He said of the incumbent:

“His policies and his arrogance have led to Los Angeles County (and much of California) becoming what I call a ‘Criminal’s Paradise.’ He has emboldened gang members who, thanks to Gascon’s policies, face no gang allegations, no weapons allegations and no special circumstances.

“Gascon refuses to try juveniles as adults, even in cases where the ‘juveniles’ are heinous killers, allowing them to face very limited time in custody no matter how gruesome their crimes. He fails to seek life without parole and refuses to seek the death penalty. Gascon ignores the victims of crime, and refuses to allow his deputies to fight against releasing criminals on parole.”

Early added:

“He fails to file charges against hundreds of those who have been arrested, letting the criminals walk free. He supports no cash bail. The criminals are laughing at all of us. Gascon supports each of the “Criminal Reform” measures to which I am opposed and which are placing all Californians in harms way.

“Add to that the fact that Gascon was the co-author of Proposition 47—which has led to an explosion in crime since it became law—and Gascon’s recall would be a huge victory for those who support law and order, for our brave men and women of law enforcement, for all of California’s law abiding citizens and for all victims of crime. His recall would provide a ray of hope for Los Angeles County, for California and for the entire nation.”

Gascón/Bonta Cooperation

Bonta has turned over to the District Attorney’s Office all cases where an inmate, convicted in Los Angeles Superior Court, is contesting a death sentence. Gascón is opposed to capital punishment and will not oppose such petitions.

Early remarked:

“Bonta should never have relinquished control of appellate habeas corpus petitions to Gascon, which has predictably led to the death penalty being withdrawn in each instance. I support the death penalty.”

Hochman and Early are Republicans; Schubert is an independent; Bonta is a Democrat.


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