The California Attorney General's Office occasionally acts as the trial prosecutor, such as when the District Attorney of the county is recused. Today the office issued this press release:
It is good to know that he is not a "never under any circumstances" type.
Today, Attorney General Xavier Becerra announced that his office will continue to seek the death penalty in the case of Scott DeKraai, who pleaded guilty to murdering eight people and attempting to murder a ninth person at a Seal Beach hair salon in 2011.The present AG was appointed by Governor Jerry Brown after the elected AG was elected to the U.S. Senate.
"This tragic event has caused so much harm to far too many families," said Attorney General Becerra. "After weighing the evidence, considering the law and the responsibilities of my office, I have concluded that the appropriate course of action is to seek the death penalty in this case."
The Attorney General assumed responsibility for the prosecution of the penalty phase of the case after the California Court of Appeal upheld Orange County Superior Court Judge Timothy Goethals' order recusing the Orange County District Attorney's Office from the prosecution.
The victims were Michelle Fournier, Christy Wilson, Randy Fannin, Lucia Kondas, Victoria Buzzo, Laura Webb Elody, Michele Fast, and David Caouette. DeKraai also shot and wounded Hattie Stretz.
It is good to know that he is not a "never under any circumstances" type.
Who in the AG's Office has experience in successfully trying DP cases?
What is the AG's record when it comes to trying DP cases?
99% of DP cases in California are tried by county prosecutors. And in large counties the prosecutors assigned to these cases are generally the most experienced and qualified in the office.
In my experience, the AG has not been particularly successful when it comes to trying criminal cases. That office's expertise in the criminal arena is in handling appeals and habeas proceedings.
In the case of recusal of entire DA's offices, it might make more sense to assign the case to another county DA with more experience in trying cases than the AG. But I am not sure if California law permits this alternative.
They have in the past, including the notorious Clarence Allen / Billy Ray Hamilton cases in Fresno. Hamilton was the first capital case I ever worked on.
Don't know the situation at present.