Dist. Atty. Nathan Hochman will allow prosecutors to seek the death penalty again in Los Angeles, undoing one of the signature policies of his predecessor, George Gascón.
The move comes as little surprise: Hochman campaigned on the issue almost as soon as he announced his challenge to Gascón in 2023. But it still marks a significant shift in one of the largest prosecutor’s offices in the nation.
Under California law, the death penalty can only be sought in cases where a defendant is accused of murder with special circumstances. That can include multiple homicides or cases where the victim is a law enforcement officer or witness to a crime. If prosecutors do not seek the death penalty in such cases, defendants face life in prison without the possibility of parole.
“I remain unwaveringly committed to the comprehensive and thorough evaluation of every special circumstance murder case prosecuted in Los Angeles County, in consultation with the murder victim’s survivors and with full input on the mitigating and aggravating factors of each case, to ensure that the punishment sought by the Office is just, fair, fitting, and appropriate,” Hochman said in a statement.
In an interview with The Times the day after he defeated Gascón, Hochman said he would only pursue capital punishment in “rare cases,” such as school shootings, domestic terror attacks or the killing of a police officer.
Hochman said Tuesday the new death penalty policy will give defense attorneys a chance to present evidence of mitigating factors to the office’s Special Circumstances Committee, which will decide when a prosecutor can seek capital punishment in a case.
It’s unclear what, if any, practical impact Hochman’s policy shift will have. Gov. Gavin Newsom placed a moratorium on the death penalty in California in 2019, and it is unlikely to be overturned as long as Democrats retain control of the Legislature and governor’s office in a state where the party holds a healthy advantage among registered voters.
Opponents of the death penalty often contend it has a disparate impact on Black and Latino defendants and can create irreversible mistakes, pointing to cases nationwide in which defendants were executed despite serious questions about the validity of their original conviction.
“This decision is a step backward for L.A. County. The death penalty is a cruel and irreversible punishment that is racially biased, and ineffective as a deterrent,” Los Angeles County Public Defender Ricardo Garcia said in a statement. “The death penalty doubles down on a system that has disproportionately harmed the poor and communities of color.”
