Appeals Court Will Review Du’s Sentence

A state appeals court has agreed to consider Los Angeles County Dist. Atty. Ira Reiner’s petition to overturn a controversial sentence in which a Korean-born grocer was given probation for the killing of a black teen-ager.

The unusual ruling by the 2nd District Court of Appeal was issued Monday by Judge Herbert Ashby, who scheduled a hearing for March 4. The hearing will effectively put on trial the sentence issued by Superior Court Judge Joyce A. Karlin in the highly publicized case of grocer Soon Ja Du.

The appeal will be closely watched by black community activists who have vigorously protested the sentence and demanded a state prison term for Du. The case also has political implications for Reiner and Karlin, both of whom are facing election in June.

Legal experts say the court’s decision to hear the case is unusual and could be an indication that Karlin’s ruling will not stand.

“The fact that they would agree to hear it, as opposed to denying the petition summarily, is often viewed as a sign that they are interested in the case and may even believe that some error has been committed,” said Dennis Fischer, a Los Angeles lawyer who specializes in criminal appeals. “There is certainly more of a likelihood now that the ruling is in jeopardy than it was before the court issued this order.”

However, Fischer also noted that because the case has received such intense public attention and media coverage, the court may have decided to conduct the hearing simply to give “the full dress treatment to satisfy the public interest.”

The appeals court asks that Du’s lawyer respond to a 100-page petition by the district attorney, which asks that Du be given a state prison term and argues that Karlin abused her discretion in sentencing the grocer to probation. Although lawyers for the county may submit a brief on Karlin’s behalf, legal experts said it would be primarily up to Du’s attorney to defend the judge’s sentence.

All factions involved in the case welcomed the order--the district attorney’s office, the defense lawyer, the black community activists who are waging a recall campaign against Karlin and a group of lawyers who are supporting the judge.

But their reasons for praising the order varied. Karlin’s foes said the decision has given them hope that the sentence will be overturned. Her supporters say they are confident the sentence will remain intact. They and Du’s lawyer are eager for a chance to defend Karlin’s decision.

“This will allow the public to get a firsthand response to a lot of the wild accusations and wrong charges that have been made by some of the people pushing the so-called recall movement,” said lawyer Charles T. Mathews, who is heading a movement in support of Karlin. “Thus far the defense team hasn’t said a word because they haven’t had a place where they could legally and ethically comment. Now they’ve got a forum.”

Said Du’s lawyer, Charles Lloyd: “I think they (the appeals court) just want to hear it articulated so they can settle the record once and for all. The judge was well within her rights and she was morally correct in her decision not to give Mrs. Du any time. Nobody’s going to reverse that.”

Compton Councilwoman Patricia Moore, who is heading the recall effort against Karlin, said she was “ecstatic” about the ruling. “It tells you that if you have the perseverance and if you believe an issue is right, such as Mr. Reiner felt, that you never know what can happen. I hope it will go all the way.”

Du was convicted of voluntary manslaughter in November in the killing of 15-year-old Latasha Harlins. The case turned on a graphic videotape that showed Du and Latasha struggling over a bottle of orange juice in the South-Central Los Angeles grocery store owned by Du. The tape showed Du shooting the girl in the back of the head after Latasha placed the bottle on the counter and turned to walk away.

Karlin, a 40-year-old former federal prosecutor who is new to the Superior Court bench, gave Du a 10-year suspended prison sentence, five years’ probation, a $500 fine and 400 hours of community service. The sentence sparked an uproar in the black community; in the wake of the outcry, Karlin has been transferred from the criminal court in Compton to a position with the Juvenile Court.

In appealing the Du sentence, the district attorney’s office argued that Karlin “defied the jury’s verdict” by issuing a sentence that is more appropriate for someone convicted of involuntary manslaughter than voluntary manslaughter.

It also asserts that Karlin misunderstood a state law requiring prison terms for those convicted of using a gun to commit a crime. Karlin argued that the law did not apply to Du, reasoning that it is aimed at criminals who arm themselves for the purpose of committing crimes, rather than at those who keep guns for protection.

According to Reiner, the court’s decision to hear the appeal indicates that it agrees with the district attorney’s office that “there are very substantial questions of law and fact that need to be resolved.”