Los Angeles County District Attorney candidate John McKinney accepted a request for an interview with 2UrbanGirls about his candidacy and desire to succeed George Gascón as the County’s top prosecutor.
McKinney is no stranger to the spotlight. He successfully led the prosecution and conviction of rapper Nipsey Hussle’s killer, Eric Holder, and was the face of the attempted recall of Gascón.
2UG: In an interview with the Los Angeles Sentinel, you were quoted as saying “Gascon took office and immediately implemented nine sweeping directives that changed the way the district attorney’s office sought justice,”. Please elaborate on a few of the nine that are most impactful to the community and why.
JM: Any policy that diminishes public safety is impactful to the Black community, because we experience crime disproportionately higher than every other community in Los Angeles. Despite this reality, and despite his professed support for the Black community,George Gascón issued nine sweeping “Special Directives” that either nullified the law or diminished criminal culpability for crimes that impact the Black community the most. For example, Gascon initially prohibited the prosecution of hate crimes knowing that the Black community is the most victimized group when it comes to hate motivated criminality. He walked that policy back, but only after immense pressure was brought by Jewish and LGBTQ+ groups. Gascon prohibited the use of the gang enhancement statute knowing that Blacks and Latinos are overwhelmingly victimized by gang related assaults and murders. Gascon eliminated the units specially trained to handle domestic violence knowing the Black women are victimized at a higher rate than any other group. At a time when our boys and young men need a guiding hand to stay out of trouble, Gascon instituted policies that all but invite juveniles to commit crimes like theft and illegal gun possession. For example, the 17-year-old young man charged with shooting Rakim Allen “PNB Rock” to death was before a court for illegal gun possession and released without opposition under Gascon’s lightest touch policy just days before the killing.
Other impactful policies that negatively impact all law abiding, hardworking Angelenos and their families:
1. A Directive that prohibits Deputy District Attorneys (DDAs) from attending parole hearings for criminals they prosecuted. Shockingly, even if the individual in question is found to represent a high risk for recidivism, DDAs may only write a letter to the parole board taking “a neutral position on the grant of parole.” By preventing DDAs from offering their unique point of view and experience, this Directive warps the entire process in favor of criminals.
2. A Directive ordering DDAs to “decline or dismiss” charges for 13 misdemeanor offenses prior to arraignment and without conditions, unless certain “exceptions” or “other factors” exist. Among the 13 are possession of drugs and possession of drug paraphernalia. To be clear, I do not support incarceration-based punishment for low-level drug offenses by individuals who are struggling with addiction, but enforcement often is the first, last, and best chance addicts have to find their way to recovery. And a harsh reality is that Black addicts are more likely to lack the resources and support necessary to get clean on their own. Diversionary programs have saved countless lives. By removing that final lifeline George Gascon has removed a vital last resort for tens of thousands of Angelenos struggling with addiction. This impacts communities by leaving more people to languish in the depths of addiction, which in the current era of fentanyl, meth, tranq, and other high-risk drugs means more crime, more victimization, more suffering, and more death.
3. A Directive ordering DDAs to keep all minors in the juvenile court system, no matter how old and no matter how heinous the crime, and to use the “’lightest touch’ necessary in order to provide public safety.” Gascon also ordered diversion as the default for the vast majority of juvenile crimes and prohibited misdemeanor charges against juveniles.
A disproportionately high number of juvenile offenders are Black. Gascon’s policy of diminished accountability, and in some cases zero accountability, for youth violence and other offenses thwarts the Juvenile Courts’ ability to provide care, treatment, and rehabilitation for those young people. Moreover, it sends the wrong message to our young men who by virtue of their circumstances face a minefield of criminal choices every day.
2UG: There is growing resentment to the unintended consequences of Prop 47. If you are elected, would you support efforts to repeal it?
JM: Yes, I would support efforts to repeal or substantially modify Prop. 47. One of the negative and little talked about consequences of Prop. 47 is that it undermined drug treatment courts, where offenders were provided with proven rehabilitative treatment.
2UG: Close to three dozen cities have signed onto a lawsuit against the Zero Bail Policy. If elected, do you have the sole authority to reverse it? (please note this question was submitted prior to a judge issuing a ruling on the matter on Dec. 12)
JM: No district attorney has the authority to set the bail schedule. The bail schedule is set by the Superior Court of each county. However, as district attorney, I would support efforts to employ tools that responsibly and universally evaluate risk to public safety and flight to guide judges in their decisions about who should and should not be released. These tools can also guide judges in their decision to set bail at an amount that is commensurate with the risk involved in each case. I will favor the release of low level first-time offenders who pose little to no threat of harm to the community, but I will oppose the release of anyone who is a violent offender and poses a threat to the community.
2UG: Public Corruption – Some complaints submitted to the department’s Public Integrity Division have gone ignored which allows the statute of limitations to expire. If elected, would you ensure that complaints are thoroughly investigated and charges filed, if warranted?
JM: First, I intend to expand the Public Integrity Division within my first term to ensure that government actors are following the law. Second, I will insist that PRA requests are complied with in a timely manner.
2UG: Changes – Besides the aforementioned directives issued by Gascon, what other changes do you feel are needed in the department to address public safety issues in LA County?
JM: 1. Restore trust, accountability, and transparency to the District Attorney’s Office. Under my leadership, the Office will determine the facts from evidence and follow the law in every case. We will do our jobs in a fair and balanced way that leads to proportional outcomes. While some of what we do is confidential, I believe in as much transparency as the law allows. We will always remember that we work for the people of L.A. County.
2. Return the Office to full staffing. As a result of the current failed leadership, our office is suffering critical shortages of lawyers, paralegals, and support staff members. These shortages directly affect public safety. Currently, the DA’s office has a backlog of 13,000 cases.
Specifically, I plan to hire 200 new lawyers and staff in my first two years and 400 in my first term. Those aren’t just numbers: In hiring I will emphasize quality, experience, and emotional IQ. Attracting top talent also means taking key steps like working with the Board of Supervisors to secure a budget to modernize the Office’s aging computers, software, and telecommunications systems to cutting edge standards. Finally, I will expand continuing skills training for all employees.
Under my leadership, the Los Angeles County District Attorney’s Office will once again be a premier destination for the best lawyers and support staff in the country.
3. Eliminate the current D.A.’s blanket policies and implement a policy of Proportional Justice when it comes to charging and prosecuting-crimes, the days of “one-size-fits-every-case” will end the moment I take the oath of office.
Every crime is unique.
I’ll empower our prosecutors to use good judgment and discretion to pursue appropriate charges, including sentencing enhancements based on factors such as weapon use, prior felony convictions, and, of course, hate crimes. At the same time, under my leadership prosecutors will be encouraged to seek alternatives like the successful but underfunded Office of Diversion and Reentry and other alternative programs. We will use the leverage of the courts to get drug abusers and offenders with mental health challenges into treatment.
In short, my deputy DAs will focus on facts and the law, not political agendas or pleasing special interests.
2UG: Finally, you have mentioned that it’s because of the drastic changes implemented by Gascon that you decided to run for District Attorney. You have worked under former District Attorney’s Steve Cooley, Gil Garcetti, and Jackie Lacey, what have you learned from them that has prepared you to be the top prosecutor in Los Angeles County?
JM: While Gascon’s failed policies and his stubbornness in refusing to pivot is certainly motivation for me to run for D.A., it’s not my only motivation. I am running because I know I can do better. I believe that my unique life experience of being orphaned at 5 years old and growing up in a high crime environment has given me a special kind of experience and insight into public safety that is unique in law enforcement. Most kids who grew up the way I did never attain a world class legal education and 25 years of experience as a prosecutor at the highest level. I know that I will not only be be a better District Attorney than Gascon, but I will be better than all the District Attorneys that I have worked for over the past 25 years.
There has never been a Los Angeles County District Attorney quite like me. Most of what I learned that made me one of the leading prosecutors in the office over the past 25 years, I learned before law school at UCLA. The most relevant lessons, including empathy, compassion for victims, and a commitment to a fair process for defendants came from the school of hard knocks.
The Primary Election will take place on March 5, 2024. The last day to register to vote is February 20, 2024.
