Reiner to Seek New Sentence in Girl’s Death

Los Angeles County Dist. Atty. Ira Reiner announced Tuesday that he will appeal the probation sentence given Soon Ja Du, the Korean-born grocer convicted of voluntary manslaughter in the killing of a black teen-ager.

Reiner acknowledged at a news conference that the appeal is a “long shot,” but he insisted it is necessary to correct what he termed the “illegal sentence” issued earlier this month by Superior Court Judge Joyce A. Karlin.

The district attorney’s move is almost certain to prolong debate over the shooting death of 15-year-old Latasha Harlins, which sparked protests and came to reflect racial divisions between the black and Korean-American communities.

Karlin sentenced Du to five years probation and ordered her to perform 400 hours of community service, pay a $500 fine and reimburse the Harlins family for the cost of the girl’s funeral. Both the prosecutor and the probation officer had recommended the maximum term of 16 years in prison.

“It is virtually unheard of for a person who engages in an intentional killing and is convicted of voluntary manslaughter to walk scot-free with probation,” Reiner said. “The sentence is wholly inappropriate for the conduct that was involved.”

Karlin declined to comment, and a spokeswoman for the Superior Court said only that Reiner was legally entitled to file an appeal. “That is the legal procedure for the district attorney to follow, and that is his right to do so,” said Jerrianne Hayslett.

Reiner said his office will file a writ with the state 2nd District Court of Appeal within 60 days asking that the sentence be reversed. If the appellate court sides with the district attorney, Karlin would be ordered to issue a new sentence.

“The case will be going back to her” if the appeal is successful, Reiner said. “All things considered, that is not entirely satisfactory, but that is the way it is handled.”

Reiner’s announcement brought praise from supporters of Harlins and leaders in the African-American community, many of whom have been critical of the way the district attorney’s office has handled the racially divisive case. Joe Duff, president of the Los Angeles branch of the National Assn. for the Advancement of Colored People, said Reiner’s show of leadership was slow in coming but welcome nonetheless.

“People want to know that they are heard, that their anger is heard,” Duff said. “The judge appeared to ignore the people, as if they didn’t count. Any attempt to return this case to the legal process will only aid the healing process.”

But attorney Charles E. Lloyd, who represents Du, angrily denounced the appeal as an effort to “pander to people’s emotions.” He accused Reiner of “throwing kerosene” on an already inflammatory situation.

“It is unfair and it is wrong,” Lloyd said. “It is dividing our community unnecessarily.”

Lloyd said Du and her family took the news hard.

“They are hurt. They felt that the court had spoken,” he said. “They firmly believe that (Reiner) is just trying to placate a very vocal but small segment of the community.”

Denise Harlins, the aunt of the dead girl, said Du’s pain is irrelevant.

“We will continue this fight. We want some justice. We want to see her behind bars,” Harlins said.

Reiner said his office will base the appeal on comments Karlin made in court when sentencing Du on Nov. 15.

Karlin talked about the terror Du and her family experienced in operating the Empire Liquor Market in a crime-ridden neighborhood in South-Central Los Angeles. She went on to blame the shooting in large part on Du’s weapon, a .38-caliber revolver that had been altered to make it easier to fire. Karlin said she did not believe Du would have shot Harlins, who Du believed was trying to steal a bottle of orange juice, if “the gun she grabbed for protection had not been altered.” Reiner said the remarks reveal that Karlin did not accept the verdict of the jury, which rejected arguments that the shooting was accidental when it convicted Du of voluntary manslaughter. Reiner accused Karlin of “nullifying the jury’s verdict” by concluding the shooting was unintentional.

The law gives judges broad discretion in sentencing, and Reiner did not challenge Karlin’s legal authority to issue a sentence of probation in such cases. Karlin’s explanation of this sentence, however, revealed her motivation--and opened the door to legal challenge, Reiner said.

“Had she not spoken her mind clearly, and indicated what the real reasons were, she might have been able to impose this sentence,” he said. Reiner acknowledged that if his appeal is successful, Karlin would have the same “array of lawful choices” for sentencing--including probation.