Freedom for Informants

In response to “Deals Won Jail Informant Freedom to Attack Again,” Part A, Dec. 11:

The article by Ted Rohrlich failed to recognize a fundamental principle of criminal sentencing practice in California courts.

Prosecutors have a role to play in the sentencing process. We are obligated to seek proper sentences in criminal cases and, in discharging that responsibility, deputy district attorneys routinely urge judges to impose appropriate sentences based upon relevant considerations.

In that context, a defendant who has provided significant assistance to law enforcement is entitled--as a matter of law--to have that favorable background information brought to the attention of the sentencing judge. In many cases, a defendant’s background information warrants a harsh sentence and, in other cases, it warrants more lenient treatment. Obviously, the weight to be given such information is left to the discretion of the sentencing judge.

An example of one aspect of this process can readily be found in the Stephen Cisneros case. At the request of Cisneros’ defense attorney, Deputy Dist. Atty. Stephen Kay drafted a letter accurately outlining what Cisneros had done in the Norris-Bittaker case. That letter was ultimately presented to the court at Cisneros’ sentencing hearing. The court took that letter into consideration in sentencing Cisneros.

The tragic fact that Cisneros later committed a number of very serious crimes should not overshadow the absolute propriety of Kay’s earlier conduct.

RICHARD W. HECHT

Director, Bureau of Branch and Area Operations

District Attorney’s Office

Los Angeles County