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    El gobernador de California aplaza su decisión sobre los hermanos Menendez

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    Gavin Newson dijo que esperará a que el nuevo fiscal de distrito del condado de Los Ángeles haga su propia revisión sobre el caso antes de considerar la petición de una nueva sentencia.El gobernador de California, Gavin Newsom, dijo el lunes que no tomaría una decisión sobre la concesión de clemencia a Lyle y Erik Menendez, quienes mataron a sus padres en su casa de Beverly Hills en 1989, sino hasta después de que el fiscal de distrito entrante en el condado de Los Ángeles lleve a cabo su propia revisión del caso.El actual fiscal del distrito, George Gascón, pidió al juez en octubre que volviera a sentenciar a los hermanos, que fueron declarados culpables de asesinato en primer grado y condenados a cadena perpetua sin libertad condicional. Por ese entones, los hermanos solicitaron clemencia al gobernador, y Gascón escribió una carta en apoyo de la petición.Pero Gascón perdió su candidatura a la reelección este mes frente a Nathan Hochman, un ex fiscal federal que prometió ser más duro con la delincuencia, y el cambio en el liderazgo ha arrojado algunas dudas sobre si la petición seguirá adelante.“El gobernador respeta el papel del fiscal de distrito para garantizar que se haga justicia y reconoce que los votantes han confiado en el fiscal electo Hochman para llevar a cabo esta responsabilidad”, dijo el despacho de Newsom en un comunicado el lunes. “El gobernador se remitirá a la revisión y análisis del fiscal de distrito electo del caso Menendez antes de tomar cualquier decisión de clemencia”.Hochman ha dicho públicamente que llevará a cabo su propia revisión del caso después de asumir el cargo el 3 de diciembre, y que podría pedir al juez del Tribunal Superior de Los Ángeles que supervisa la petición que retrase una audiencia prevista para el 11 de diciembre.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Menendez Brothers Clemency Decision Is on Hold, Newsom Says

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      Gov. Gavin Newsom of California said he would hold off deciding whether to grant clemency to Lyle and Erik Menendez until after the incoming Los Angeles County district attorney reviewed the case.Gov. Gavin Newsom of California said on Monday that he would not make a decision on granting clemency to Lyle and Erik Menendez, who killed their parents in their Beverly Hills home in 1989, until after the incoming district attorney in Los Angeles County conducted his own review of the case.The current district attorney, George Gascón, asked a judge in October to resentence the brothers, who were convicted of first-degree murder and sentenced to life in prison without parole. Around the same time, the brothers petitioned the governor for clemency, and Mr. Gascón wrote a letter in support of the request.But Mr. Gascón lost his re-election bid this month to Nathan Hochman, a former federal prosecutor who vowed to be tougher on crime, and the change in leadership has cast some doubt on whether the resentencing bid will move forward.“The governor respects the role of the district attorney in ensuring justice is served and recognizes that voters have entrusted District Attorney-elect Hochman to carry out this responsibility,” Mr. Newsom’s office said in a statement on Monday. “The governor will defer to the D.A.-elect’s review and analysis of the Menendez case prior to making any clemency decisions.”Mr. Hochman has said publicly that he will conduct his own review of the case after he is sworn into office on Dec. 3, and that he may ask the Los Angeles Superior Court judge overseeing the resentencing petition to delay a hearing scheduled for Dec. 11.“Once I take office on Dec. 3, I look forward to putting in the hard work to thoroughly review the facts and law of the Menendez case, including reviewing the confidential prison files, the transcripts of the two trials and the voluminous exhibits, as well as speaking with the prosecutors, defense attorneys and victim family members,” Mr. Hochman said in a statement on Monday.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      California Shifts Rightward on Crime in an Election Fueled by Frustration

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      Voters in the Democratic-run state overwhelmingly approved a measure to impose harsher sentences for crimes and were on their way to ousting two progressive district attorneys.California has shown no signs of going Republican anytime soon, but in Tuesday’s elections the reliably liberal state lurched to the right in ways that might surprise other Americans.Fed up with open-air drug use, “smash-and-grab” robberies and shampoo locked away in stores, California voters overwhelmingly passed a ballot measure, Proposition 36, that will impose harsher penalties for shoplifting and drug possession. Voters in Oakland and Los Angeles were on their way to ousting liberal district attorneys who had campaigned on social justice promises to reduce imprisonment and hold the police accountable. And statewide measures to raise the minimum wage, ban the forced labor of inmates and expand rent control, all backed by progressive groups and labor unions, were heading toward defeat.Amid a conservative shift nationally that included Donald J. Trump’s reclamation of the White House, voters in heavily Democratic California displayed a similar frustration, challenging the state’s identity as a reflexively liberal bastion.And Mr. Trump appears to have gained ground in California compared with four years ago, based on initial election returns, despite facing Vice President Kamala Harris in her home state. (She was still ahead by nearly 18 percentage points after a vote count update on Thursday, but Joseph R. Biden Jr. won in 2020 by 29 points.)The mood this year was “very negative about the direction of the country especially, but also the state,” said Mark Baldassare, who is a political scientist and the statewide survey director for the Public Policy Institute of California. “Lots of concerns about the direction of the economy, and worries about the cost of living and public safety.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Los Angeles District Attorney Says He Is Reviewing Menendez Case

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      Interest in the Menendez brothers has intensified after the release of a new Netflix drama about the case. A separate documentary is forthcoming.George Gascón, the Los Angeles district attorney, said on Thursday that his office was reviewing a decades-old case involving the brothers Lyle and Erik Menendez, who killed their parents in their Beverly Hills home and were sentenced to life in prison.The case in the 1990s was one of the first to draw a daily national audience to a televised criminal trial. By their own testimony, the two young men marched into the den of the family’s mansion one evening with shotguns and fired more than a dozen rounds at their mother and father while the couple sat on the couch.Prosecutors presented the brothers as greedy, coldblooded killers, interested in having unfettered access to their parents’ assets, which were valued at about $14 million. Defense lawyers for the brothers argued that they had been sexually molested for years by their father, and had killed out of fear.Mr. Gascón wouldn’t indicate which way he was leaning, but his remarks indicated that the sex abuse claims are among the aspects his office was reviewing. He said his office was divided over whether the brothers should remain in prison for the rest of their lives.“We have a moral and ethical obligation to review what is being presented to us,” he said.Mr. Gascón’s remarks come in the homestretch of his re-election bid as interest in the Menendez case has intensified after the release of a new Netflix drama about the case. The series, “Monsters: The Lyle and Erik Menendez Story,” has been assailed by Erik Menendez and many other members of the Menendez family as grotesque and riddled with falsehoods.Ryan Murphy, one of the series’s creators, has defended his work in interviews. He told The Hollywood Reporter that there was “room for all points of view” and argued that the brothers should be grateful to him for bringing more attention to the case.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Can Weinstein’s Overturned New York Conviction Help Him Appeal California Case?

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      Harvey Weinstein faced similar sex crimes charges in New York and California, but the arguments used to overturn one case may not help in the other.The decision by New York’s top court on Thursday to overturn the conviction of Harvey Weinstein on sex crime charges raised many thorny legal questions. Perhaps chief among them: Will it bolster his chances of a successful appeal in a similar case in California?Mr. Weinstein’s lawyer in California, Jennifer Bonjean, plans to file that appeal next month, and has said she believes the New York decision helps her chances of winning. In both cases, prosecutors offered witnesses who said they had been assaulted by Mr. Weinstein, the disgraced Hollywood producer, even though their accounts were not tied to criminal charges.Prosecutors in sexual assault cases sometimes use such witnesses to establish a pattern of behavior, but it can be a risky move because defendants are typically supposed to be judged only on the crimes with which they have been charged. The tactic was at the heart of the 4-to-3 decision on Thursday by New York’s Court of Appeals, which concluded that the judge who presided over Mr. Weinstein’s case in 2020 had deprived him of a fair trial by allowing those witnesses to testify.Mr. Weinstein is expected to appear in State Supreme Court in Manhattan on Wednesday for a procedural hearing that is the first step for prosecutors to restart the criminal case to try him again.New York and California law differ on the crucial issue of witnesses. The office of the Los Angeles district attorney, George Gascón, said that California’s law, unlike New York’s, allows evidence, at a judge’s discretion, that shows a defendant’s “propensity” to commit sexual assault.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Los Angeles D.A. Gascón Is Running for Re-election in a Very Different Climate

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      George Gascón is running for re-election in a very different climate, where concerns about crime have overtaken demands for equity and accountability.Three years ago, George Gascón rode a wave of collective outrage following the murder of George Floyd in Minneapolis to become district attorney of Los Angeles by promising to make the criminal justice system fairer and, most crucially, to rein in the police.Now, to win re-election and stay in office, Mr. Gascón will need to tap into a different type of emotion: fear — in particular a perception that Los Angeles is less safe and that his policies as district attorney have made it so, an argument advanced by many of his challengers but largely unsupported by data. “I think that this race now for 2024 has gone back to, for a lot of people, law and order, lock ’em up,” Mr. Gascón said in an interview. Mr. Gascón’s victory in 2020 was one of the most consequential electoral outcomes from the movement for social justice and police accountability galvanized by Mr. Floyd’s murder by a Minneapolis police officer. And for the national movement that in recent years has helped elect progressive prosecutors in jurisdictions across the country, the victory in Los Angeles was momentous: The county has the nation’s largest prosecution office, the largest jail system and a long history of police abuses.But Mr. Gascón, 69, is running for re-election in a very different political climate. Demands for equity and accountability in policing and prosecution have been overtaken by concerns about what to do about crime — the question that has dominated the district’s attorney’s race in Los Angeles. “I think that this race now for 2024 has gone back to, for a lot of people, law and order, lock ‘em up,” Mr. Gascón said in an interview. Jenna Schoenefeld for The New York TimesThe 11 candidates challenging Mr. Gascón include judges, attorneys in his own office and former federal prosecutors, nearly all to varying degrees running to the right of Mr. Gascón.“Yes, crime is up,” Jonathan McKinney, a prosecutor in Mr. Gascón’s office who is among the challengers, told the crowd at a debate this fall hosted by the Santa Monica Democratic Club. “That’s why you’re all here tonight.” The first round of the election is in March, and if no candidate receives more than 50 percent of the vote — unlikely given the low numbers each candidate is currently polling at — the top two candidates will face each other in November.Even as Mr. Gascón’s opponents paint a picture of out-of-control crime, the data indicates that Los Angeles, like much of the country, is becoming safer in crucial categories of violent crime, such as murder, as the social and economic disruptions of pandemic recede. In the city of Los Angeles, which accounts for about 40 percent of the population of Los Angeles County, most violent crimes are down substantially compared to 2021, Mr. Gascón’s first year in office. Murder, often a proxy for people’s wider views on crime, is down about 18 percent, while rape is down close to 19 percent. But property crimes, including burglary and car theft, have risen, the only crime tracked by the F.B.I. that has gone up in 2023.Back in 2020, progressives like Mr. Gascón often tried to use data to persuade voters concerned about crime that their feelings didn’t always match reality.This time, he is taking a different approach.“We can talk to people about data, and that doesn’t really resonate,” he said. “So I gave up on talking about data. I’ll throw it in there to sprinkle, but I immediately try to connect with people on a human level. Acknowledging their feelings, because their feelings are real.”Three years ago, Mr. Gascón rode a wave of outrage following the murder of George Floyd to become district attorney by promising to make the criminal justice system fairer.Bryan Denton for The New York TimesMr. Gascón is facing opposition not only from candidates to the right of him, accusing him of making Los Angeles less safe and failing to take a tough stance on crime, but also from liberal-minded voters who are either worried about crime or have become disenchanted by his policies. Growing up in Los Angeles, Mauricio Caamal says he was routinely harassed by the police. He was also a victim of crime when he was 4 years old, and his father was robbed and murdered in downtown L.A.When 2020 came around, and the nation convulsed with protests over the murder of Mr. Floyd, Mr. Caamal was drawn to the streets over a police killing closer to home: A sheriff’s deputy in Los Angeles shot Andres Guardado, an 18-year-old security guard, five times in the back, killing him. Mr. Caamal, 32, embraced the calls to defund the police, and supported Mr. Gascón. Mr. Gascón first rose to prominence as an assistant police chief in Los Angeles in the mid-2000s. More than a decade later, after serving as the police chief in San Francisco and then winning two terms as that city’s district attorney, he returned to Los Angeles to run for district attorney there. In office, Mr. Gascón has pursued dozens of cases against police officers, a rarity under his predecessor. But earlier this year, after a long investigation, he declined to bring charges against the deputy in Mr. Guardado’s case, determining there was “insufficient evidence” to support charges.“I think that, on its own, should be enough for me not to vote for him again,” Mr. Caamal said.Mr. Gascón beat back an early effort to recall him from office, which was supported by some prosecutors who work for him, after his opponents failed to secure enough signatures to force a new election. That allowed him to avoid the fate of his counterpart in San Francisco, Chesa Boudin, who was recalled last year amid an acrimonious debate in that city about property crimes and visible squalor in the streets.At a meeting of the San Fernando Valley Young Democrats, Mr. Gascón, right, talks with Walter García, a candidate for the California State Assembly,Jenna Schoenefeld for The New York TimesTo win another term, Mr. Gascón says he must hone his message to connect reforms with public safety by arguing, for instance, that second chances and more lenient sentences reduce recidivism and improve safety over the long haul.“You cannot really have sustainable public safety if you don’t address the inequities in the system,” he said. He added, “So it’s a much more nuanced campaign in the sense that we have to, even to get to the same place, we have to go through a process of explaining a lot more” the connection between reform and public safety.“I feel less safe since he’s been there,” said Karim Bailey, 42, a middle-school teacher in South Los Angeles whose classroom discussions often center on neighborhood crime and policing. He has had his car’s catalytic converter stolen twice.Mr. Bailey said he couldn’t recall which candidate he voted for in 2020 but that he would not be supporting Mr. Gascón this time.“A lot of the cases that I’ve seen that have involved him, it just seems like he puts the interest of the criminal over the interest of the general public,” he said.In 2020, Maria-Isabel Rutledge knocked on doors for Mr. Gascón’s campaign. She is supporting him again this time around, arguing that he needs more time to carry out reforms she believes are necessary to make the system fairer.Ms. Rutledge, 70, is a retired teacher’s assistant and lives in South Central Los Angeles, the epicenter of the uprising in 1992 after the acquittal of several police officers in the beating of Rodney King.“I know that, if he continues in the same trajectory, that he’s going, hopefully, to be able to make change,” she said of Mr. Gascón. “It’s difficult and challenging to reform the dated institutionally racist system,” she said. “The system of racism is very, very embedded in the United States, but we have to keep going in the right direction, we have to keep chipping at it a little bit at a time.” More

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      As Prosecutors Revisit Police Killings, Charges Are Still Rare

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      Pamela Price, a new district attorney in Northern California, is the latest to reopen cases that had seemingly been shut, including one from more than 15 years ago.Agustin Gonsalez was shot dead in 2018 by police officers in Hayward, Calif., when he refused to drop a sharp object during a confrontation on a dark street.Andrew Moppin-Buckskin was killed by Oakland officers in 2007 after he ran away following a car chase, hid under a vehicle and failed to comply with their demands.Two years ago, Mario Gonzalez died after he was pinned on the ground for more than five minutes by officers in Alameda, Calif.In all three cases, prosecutors determined that the police should not be criminally charged, seemingly closing the book.But shortly after she became the district attorney of Alameda County in January, Pamela Price initiated a new review of those cases and five others in one of the most extensive re-examinations of police killings launched by progressive prosecutors.Ms. Price’s review is notable because her predecessors had already cleared the officers of wrongdoing and two of the reopened cases occurred more than 15 years ago.As high-profile instances of police brutality shocked the public in recent years and raised questions about official law enforcement accounts, liberal prosecutors campaigned on the promise that they would review cases that they felt were hastily closed without charges. Their efforts to revisit old cases have won praise from the activists and liberal Democrats who voted for them.But the re-examinations so far have rarely led to criminal charges.“To reopen a police use-of-force case is, in many ways, a herculean task,” said Steve Descano, the commonwealth’s attorney in Fairfax County, Va. He lost in court after he charged two federal Park Police officers for the 2017 shooting of a man who fled a car crash, a case that the Justice Department previously reviewed and declined to pursue.The incidents almost never have evidence as stark as the bystander video showing George Floyd being pinned to the ground in 2020 for more than nine minutes by Derek Chauvin, a former Minneapolis police officer who was convicted of murdering Mr. Floyd.The circumstances often are more ambiguous, the footage less telling. And once a district attorney writes a lengthy memo detailing why criminal charges are unjustified against a police officer, it can be difficult for a successor to overcome those arguments, absent new evidence.“Everybody is going to go through it again, and the outcome in all probability is going to be the same,” said Jim Pasco, the executive director of the National Fraternal Order of Police. “And what’s Einstein’s definition of insanity?”The biggest hurdle for pursuing criminal charges is the wide latitude that officers have to use force. State legislatures, including California’s, have tried to narrow that ability. But officers generally can still use lethal force when they feel they or others could be killed, a level of immunity that law enforcement officials say is necessary to ensure the public’s safety.Pamela Price, the new district attorney of Alameda County, Calif., announced this year that she would review eight police killings, including one dating to 2007.Jim Wilson/The New York TimesAlameda County, Ms. Price’s jurisdiction, covers a large swath of the East Bay across from San Francisco, containing 14 cities and numerous police departments. In the county seat of Oakland, where the Black Panther Party emerged in the 1960s, a legacy of radical politics is intertwined with a troubled history of law enforcement. The Oakland Police Department has been under federal oversight for more than two decades.Ms. Price campaigned on a liberal platform that, besides reviewing old cases, included removing local residents from death row and resentencing inmates serving life sentences — an effort, she said, to restore public trust. Since taking office, she has directed her staff to seek the lowest possible prison sentence for most crimes.She said that in the past, prosecutors routinely gave officers a pass when they killed someone on the job, and she wants questionable police killings to face the same rigor that other criminal cases get.“Every case that we’re looking at now was determined under a double standard,” Ms. Price said in an interview. “Police officers received a different standard of justice than everyday people.”Ms. Price is among a growing cadre of progressive prosecutors elected over the last decade, beginning with the 2016 elections of Kim Foxx in Chicago and Kimberly Gardner in St. Louis, on promises of reducing jail populations and holding police accountable. The movement gained steam after Floyd’s murder.Some prominent district attorneys have since faced a backlash over crime concerns. Chesa Boudin was recalled last year in San Francisco, while Ms. Gardner resigned last week as she faced criticism for her handling of violent crime. Ms. Foxx is not running for re-election next year and has endured criticism from moderates and conservatives, especially for her support of eliminating cash bail statewide.In Maine, a police officer has never been prosecuted for an on-duty killing. But in July 2020, Natasha Irving, the district attorney for four counties, said she would seek charges for the 2007 police shooting death of Gregori Jackson, who was drunk and ran away after a routine traffic stop in Waldoboro, the town where Ms. Irving grew up.Three years later, however, Ms. Irving said that based on the attorney general’s review of the forensics from the case, she will not file charges.“It’s just not going to be a provable case,” she said in an interview.Karla Gonsalez stood at a memorial to her son at the site in Hayward, Calif., where he was shot and killed by police officers.Jim Wilson/The New York TimesIn the Virginia case pursued by Mr. Descano, Bijan Ghaisar, 25, was involved in a minor car crash and then fled in his Jeep, pursued by two officers who cornered Mr. Ghaisar in a residential neighborhood. When the vehicle moved toward a police car, they opened fire, killing him.Mr. Descano brought a case, but a judge dismissed the charges, ruling the officers reasonably feared they were in danger. His efforts to pursue the case further were rejected by the state’s attorney general and the Justice Department.Such reviews offer the possibility of justice for still grieving families but also may unrealistically raise their hopes. Karla Gonsalez, the mother of Mr. Gonsalez, the man who was killed in Hayward, said she was torn when she heard Ms. Price was reopening her son’s case.Television outlets began replaying the body camera footage of Mr. Gonsalez’s confrontation with police. For his family, all of the anger, grief and unresolved questions came rushing back. Why had the officers not tried to de-escalate the situation?“I was excited to know that it was going to be opened up again,” Ms. Gonsalez said. “At the same time, I was very nervous that it was going to be another roadblock, another failure.”Less than 2 percent of police killings result in charges, according to Philip M. Stinson, a professor of criminal justice at Bowling Green State University. That figure has not budged since 2020. The number of people killed by the police is holding steady — last year it was 1,200, compared with 1,147 in 2022, according to Mapping Police Violence.“From where I sit, nothing has changed,” Mr. Stinson said.In Los Angeles County, George Gascón, who was elected district attorney in 2020, appointed a special prosecutor to reopen four cases in which his predecessor declined to file charges.Ryan Young for The New York TimesIn Los Angeles County, George Gascón, who was elected district attorney in 2020, appointed a special prosecutor to reopen four cases in which his predecessor, Jackie Lacey, declined to file charges. He also asked an independent team of experts to review more than 300 previous use-of-force cases to see if the evidence warranted criminal charges.The special prosecutor, Lawrence Middleton, had secured convictions in a 1993 federal trial against Los Angeles Police Department officers for beating Rodney King. In the new cases, he has secured indictments against two officers in the 2018 shooting death of Christopher Deandre Mitchell, who was driving a stolen vehicle and had an air rifle between his legs when he was confronted by officers in a grocery store parking lot. (“Both officers’ use of deadly force was reasonable under the circumstances,” Ms. Lacey wrote in a 2019 memo.)The re-examinations themselves take time, and liberal prosecutors may yet file criminal charges against more officers in past cases. But they said that charges should not be the only benchmark of whether their reviews are worthwhile.“I think there is huge value to reopening a case if there is probable cause, or if there is evidence that seems compelling in any way,” Ms. Irving, the prosecutor in Maine, said. “Yes, part of it is to send a message to people who would be bad actors. Part of it is to send a message to families that have lost loved ones, or individuals who have been harmed, that they count.”Ed Obayashi, a California-based expert in use of force who trains law enforcement, said in 2021 that Mario Gonzalez did not seem to be a threat to the public in Alameda and questioned why officers restrained him before he died. The police had responded to a call that Mr. Gonzalez, 26, was acting strangely in a park and talking to himself.Mr. Obayashi said this week that he did not fault Ms. Price for reviewing the case, but he also felt that if there was consensus in the Alameda County District Attorney’s Office under her predecessor, Ms. Price should not have reopened it.“It’s a big concern to law enforcement because these types of decisions, to revisit old cases that former prosecutors have decided that no charges should be brought against the officer, it’s political,” Mr. Obayashi said. “It’s politically driven.”Ms. Price’s review also includes two cases from 15 years ago that occurred seven months apart and involved the same officer killing men who ran away after traffic stops, including Mr. Moppin-Buckskin. The officer, Hector Jimenez, was cleared in each case and remains with the Oakland Police Department.“For the life of me I can’t understand what Ms. Price thinks she’s doing with those kinds of cases, some 15 years after they occurred,” said Michael Rains, a lawyer for Mr. Jimenez.In Hayward, the city agreed to pay $3.3 million to settle a federal lawsuit with Agustin Gonsalez’s family but said it was a way to support his children rather than an admission of wrongdoing. The city said in April that there appeared to be no new evidence that warranted reopening the case.Mr. Gonsalez was shot in November 2018 after police officers confronted him. He was suicidal and was holding a razor blade. He refused to drop the blade and approached the officers with his arms outstretched. That’s when the two veteran police officers shot him 12 times.Karla Gonsalez recently sat in her sister’s kitchen and described her son as a father of two who was an Oakland sports fan and often drove nearly 400 miles south to Disneyland with his season pass. In the corner of her living room was a makeshift shrine, with a flickering candle and a crucifix draped over his portrait.Cynthia Nunes, Mr. Gonsalez’s cousin, said her family was grateful his case was being reopened. But they want more.“Charges actually have to be brought forward, too,” she said. “The system needs to change.”Julie Bosman More

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      Election Software Executive Arrested on Suspicion of Theft

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      The executive, Eugene Yu, and his firm, Konnech, have been a focus of attention among election deniers.The top executive of an elections technology company that has been the focus of attention among election deniers was arrested by Los Angeles County officials in connection with an investigation into the possible theft of personal information about poll workers, the county said on Tuesday.Eugene Yu, the founder and chief executive of Konnech, the technology company, was taken into custody on suspicion of theft, the Los Angeles County district attorney, George Gascón, said in a statement.Konnech, which is based in Michigan, develops software to manage election logistics, like scheduling poll workers. Los Angeles County is among its customers.The company has been accused by groups challenging the validity of the 2020 presidential election with storing information about poll workers on servers in China. The company has repeatedly denied keeping data outside the United States, including in recent statements to The New York Times.Mr. Gascón’s office said its investigators had found data stored in China. Holding the data there would violate Konnech’s contract with the county.The State of the 2022 Midterm ElectionsWith the primaries over, both parties are shifting their focus to the general election on Nov. 8.Trouble for Nevada Democrats: The state has long been vital to the party’s hold on the West. Now, Democrats are facing potential losses up and down the ballot.Democrats’ House Chances: Democrats are not favored to win the House, but the notion of retaining the chamber is not as far-fetched as it once was, ​​writes Nate Cohn, The Times’s chief political analyst.Latino Voters: A recent Times/Siena poll found Democrats faring far worse than they have in the past with Hispanic voters. “The Daily” looks at what the poll reveals about this key voting bloc.Michigan Governor’s Race: Tudor Dixon, the G.O.P. nominee who has ground to make up in her contest against Gov. Gretchen Whitmer, is pursuing a hazardous strategy in the narrowly divided swing state: embracing former President Donald J. Trump.The county released few other details about its investigation. But it said in its statement that the charges related only to data about poll workers — and that “the alleged conduct had no impact on the tabulation of votes and did not alter election results.”“Data breaches are an ongoing threat to our digital way of life,” the district attorney’s office said in the statement. “When we entrust a company to hold our confidential data, they must be willing and able to protect our personal identifying information from theft. Otherwise, we are all victims.”In a statement, a spokesman for Konnech said that the company was trying to learn the details “of what we believe to be Mr. Yu’s wrongful detention,” and that it stood by statements it made in a lawsuit against election deniers who had accused the company of wrongdoing.“Any L.A. County poll worker data that Konnech may have possessed was provided to it by L.A. County and therefore could not have been ‘stolen’ as suggested,” the spokesman said.The Los Angeles County district attorney’s office said in an emailed statement that it had cause to believe that personal information on election workers was “criminally mishandled.” It was seeking to extradite Mr. Yu, who lives in Michigan, to Los Angeles.Konnech came under scrutiny this year by several election deniers, including a founder of True the Vote, a nonprofit that says it is devoted to uncovering election fraud. True the Vote said its team had downloaded personal information on 1.8 million American poll workers from a server owned by Konnech and hosted in China. It said it obtained the data by using the server’s default password, which it said was “password,” according to online accounts from people who attended a conference about voter fraud where the claims were made. The group provided no evidence that it had downloaded the data, saying that it had given the information to the Federal Bureau of Investigation.The claims quickly spread online, with some advocates raising concerns about China’s influence on America’s election system.Claims about Konnech reached Dekalb County in Georgia, which was close to signing a contract with the company. The county’s Republican Party chairwoman, Marci McCarthy, raised concerns during a public comment period at the county’s elections board meeting on Sept. 8, questioning where the company stored and secured its data.Konnech rebutted the claims, telling The New York Times that it had records on fewer than 240,000 workers at the time and that it had detected no data breach. Konnech owned a subsidiary in China that developed and tested software. The company said programmers there always used “dummy” test data. The subsidiary was closed in 2021.Last month, Konnech sued True the Vote and Catherine Engelbrecht, its founder, as well as Gregg Phillips, an election denier who often works with the group. Konnech claimed the group had engaged in defamation, theft and a violation of the Computer Fraud and Abuse Act — which made it illegal to access a computer without authorization — among other charges.The judge in the case granted Konnech’s request for an emergency restraining order, which required True the Vote to disclose who had allegedly gained access to Konnech’s data. True the Vote released the name in a sealed court filing. “The organization is profoundly grateful to the Los Angeles district attorney’s office for their thorough work and rapid action in this matter,” the group said in a statement.The Los Angeles district attorney’s office said it was unaware of True the Vote’s investigation and said it had no input on the county’s investigation. More

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      in Elections

      As Crime Surges, Roll Back of Tough-on-Crime Policies Faces Resistance

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      With violent crime rates rising and elections looming, progressive prosecutors are facing resistance to their plans to roll back stricter crime policies of the 1990s.Four years ago, progressive prosecutors were in the sweet spot of Democratic politics. Aligned with the growing Black Lives Matter movement but pragmatic enough to draw establishment support, they racked up wins in cities across the country.Today, a political backlash is brewing. With violent crime rates rising in some cities and elections looming, their attempts to roll back the tough-on-crime policies of the 1990s are increasingly under attack — from familiar critics on the right, but also from onetime allies within the Democratic Party.In San Francisco, District Attorney Chesa Boudin is facing a recall vote in June, stoked by criticism from the city’s Democratic mayor. In Los Angeles, the county district attorney, George Gascón, is trying to fend off a recall effort as some elected officials complain about new guidelines eliminating the death penalty and the prosecution of juveniles as adults. Manhattan’s new district attorney, Alvin Bragg, quickly ran afoul of the new Democratic mayor, Eric Adams, and his new police commissioner over policies that critics branded too lenient.The combative resistance is a harsh turn for a group of leaders whom progressives hailed as an electoral success story. Rising homicide and violent crime rates have even Democrats in liberal cities calling for more law enforcement, not less — forcing prosecutors to defend their policies against their own allies. And traditional boosters on the left aren’t rushing to their aid, with some saying they’ve soured on the officials they once backed.“I think that whole honeymoon period lasts about five or six hours,” said Wesley Bell, the prosecuting attorney for St. Louis County in Missouri, who is seeking re-election this fall.St. Louis County Prosecutor Wesley Bell, center, surrounded by area police chiefs before a news conference about a police officer who was shot and killed in 2019.Robert Cohen/St. Louis Post-Dispatch, via Associated PressMr. Bell, a former city councilman in Ferguson, Mo., is part of the group of prosecutors elected on a promise to address racial disparities in the criminal justice system. Most support eliminating the death penalty and cash bail, limiting prosecutions for low-level, nonviolent offenses and scaling back sentences.In a show of political strength, progressive prosecutors in Chicago and Philadelphia handily defeated challengers in recent years. Mr. Bell’s re-election bid in November is one of several races being watched for signs that voters’ views have shifted on those policies as violent crime has risen and racial justice protests have fallen out of the headlines.Homicide rates spiked in 2020 and continued to rise last year, albeit less slowly, hitting levels not seen since the 1990s. Other violent crimes also are up. Both increases have occurred nationally, in cities with progressive prosecutors and in cities without.That’s left no clear evidence linking progressive policies to these trends, but critics have been quick to make the connection, suggesting that prosecutors have let offenders walk and created an expectation that low-level offenses won’t be charged. Those arguments have landed on voters and city leaders already grappling with a scourge of pandemic-related ills — including mental health care needs and housing shortages, rising drug use, even traffic deaths.Last week, a Quinnipiac University poll of registered voters in New York City found that 74 percent of respondents considered crime a “very serious” problem — the largest share since the survey began asking the question in 1999 and more than 20 percentage points greater than the previous high, which was recorded in January 2016.Politicians are heeding those concerns. In New York, Mr. Adams, a Democrat, has promised to crack down on crime, and his police commissioner, Keechant Sewell, slammed Mr. Bragg’s proposals as threatening the safety of police officers and the public. In San Francisco, Mayor London Breed has become an outspoken critic of Mr. Boudin’s approach, which emphasizes social services over policing.“This is not working,” Ms. Breed said recently on The New York Times podcast “Sway.” “We’ve added all these additional resources — the street crisis response team, the ambassadors, the services, the buildings we purchase, the hotels we purchase, the resources. We’ve added all these things to deal with food insecurity. All these things. Yet people are still being physically harmed and killed.”The criticisms from two prominent Black mayors are particularly biting. In their liberal cities, the leaders’ nuanced complaints have far more influence with voters than familiar attacks from Republicans or police unions. Both mayors have argued that the minority communities that want racism rooted from the justice system also want more robust policing and prosecutions.President Biden, who was one of the architects of the tough-on-crime criminal justice overhaul of the 1990s, recently spoke highly of Mr. Adams’s focus on crime prevention. Some prosecutors and their allies took that as sign that the Democratic establishment is digging in on a centrist approach to criminal justice reform.Mr. Biden’s comments came as the Democratic Party worried about retaining the support of moderate suburban voters in midterm elections this year. Many Democratic lawmakers and strategists believe that protest slogans like “defund the police” hurt the party in the 2020 elections — particularly in Congressional swing districts and in Senate races. Republican candidates, eager to retake control of Congress in November, already have run advertisements casting Democrats as soft on crime.Most progressive prosecutors oppose the calls to gut police department budgets, but that is a nuance often missed. At one liberal philanthropic group, some newer givers have said they will not donate to any criminal justice groups — or to the campaigns of progressive prosecutors — because they don’t want to endorse defunding the police, according to a person who connects donors to criminal justice causes, and who insisted on anonymity to discuss private conversations.Samuel Sinyangwe, an activist who has been involved in several organizations pushing progressive prosecutors, said prosecutors hadn’t been as forceful as law enforcement unions in selling their solutions to rising violence in cities.“Police are spending a lot of money convincing people the appropriate response to that is more policing and incarceration,” he said. “I think that individual cities and counties are having to push back against that narrative. But I think they’re struggling to do that right now.”In San Francisco, Mr. Boudin argued that the effort to recall him was fueled by politics, not voters’ worries about crime. He pointed to the Republican megadonors who have funded the recall efforts and said Ms. Breed has a political incentive to see him ousted — he beat her preferred candidate for district attorney.San Francisco District Attorney Chesa Boudin earlier this week. He faces an effort to recall him.Justin Sullivan/Getty Images“These are Republican talking points,” Mr. Boudin said. “And it’s tremendously destructive to the Democratic Party and the long-term progress that the party is making at the local and national level around public safety and criminal justice to allow a few folks dissatisfied with a local election to undermine that progress.”Mary Jung, a Democratic activist leading the recall campaign, said those who painted the efforts as fueled by conservatives or moderates were missing the point. Many of their supporters, she said, are lifelong liberal Democrats.Those voters, she said, don’t view the effort to recall Mr. Boudin, who was elected in 2019, as a broad shift away from progressive policies, but as a local response in a community that feels unsafe. She cited several attacks against Asian immigrants and incidents of shoplifting as the sort of crimes that have rattled residents, regardless of political ideology.In another sign of Democrats’ discontent, San Francisco voters ousted three progressive members of the Board of Education in a recall election driven by pandemic angst.“Over 80,000 San Franciscans signed our petition and we only needed 53,000 signatures,” Ms. Jung said. “There’s only 33,000 registered Republicans in the city. So, you know, you do the math.”Some progressives warn against ignoring people’s fears. Kim Foxx, the state’s attorney for Cook County, which includes Chicago and some of the country’s most violence-plagued communities, said that any dismissive rhetoric could make prosecutors risk looking out of touch.“You can’t dismiss people,” Ms. Foxx said. “I live in Chicago, where we hit 800 murders last year, and that represents 800 immediate families and thousands of people who are impacted.”Cook County State’s Attorney Kim Foxx, right, with Chicago Mayor Lori Lightfoot and Police First Deputy Supt. Eric Carter announcing charges last month in a fatal shooting.Pat Nabong/Chicago Sun-Times, via Associated PressMs. Foxx faced a well-funded opponent and won re-election in 2020, as did Philadelphia’s district attorney, Larry Krasner, the following year. Those victories show the resilient support for progressive ideas, Mr. Krasner said, warning the Democratic Party not to abandon them.“Put criminal justice reform on the ballot in every election in almost every jurisdiction, and what you’re going to see is a surge in turnout,” Mr. Krasner said. “And that turnout will overwhelmingly be unlikely voters, reluctant voters, brand-new voters, people who are not connected to what they see as governmental dysfunction between the parties — but they are connected to an issue that has affected their communities.”But there are signs that attitudes about overhauling the criminal justice system are changing even among progressives. Many activists have shifted their focus away from electoral politics and toward policies they think address root of the problem, such as reducing the number of police and abolishing prisons.That “makes it very difficult to even defend or support particular prosecutors, because at the end of the day, they’re still putting people in jail,” Mr. Sinyangwe said.In 2020, Mr. Bell, the St. Louis prosecutor, faced the ire of the same progressive activists who had helped elect him. That July, he announced that his renewed investigation into the 2014 fatal police shooting of Michael Brown Jr., a young Black man, which ignited weeks of protests, had delivered the same results: no charges for the officer who killed him.Mr. Brown’s mother denounced Mr. Bell’s investigation. Speaking to reporters then, Mr. Bell said the announcement was “one of the most difficult things I’ve had to do as an elected official.”Asked to discuss the incident and the investigation, Mr. Bell declined.Josie Duffy Rice, the former president of The Appeal, a news outlet focused on criminal justice, said that in some ways the voters were learning the limitations of the progressive prosecutor’s role.“Prosecutors have the power to cause a lot of problems,” Ms. Duffy Rice said. “But not enough power to solve problems.” More