D.A. Seeking Execution for Gang Killings

Dist. Atty. Tony Rackauckas, who vowed a war on gang violence in his election campaign, will seek legislation to broaden the state’s death penalty laws to include gang-related murders.

Gang slayings now rarely qualify as death penalty cases. Orange County only got its first death sentence in a gang-related murder case last week.

Rackauckas’ proposal could dramatically increase the number of gang members to face execution. You can expect defense attorneys to vigorously oppose it.

Defense lawyer Julian Bailey, a veteran of gang cases, says the public is “looking for criminal solutions to solving society’s ills. Some young people associate with gangs because those are the only other young people who live in their neighborhood. They never get any real options.

“But the Legislature doesn’t listen much to people like me. No one is more successful than Tony in getting laws changed.”

Rackauckas, in office only a month, has shown his emphasis on gang violence by placing noted prosecutor Bryan F. Brown in charge of his gang unit. Brown is a former California Prosecutor of the Year who also handles special joint jurisdiction cases involving other agencies.

Rackauckas also plans to work with police to create a multiagency task force to gather gang intelligence--both for turf gangs and for roving gangs, such as those that steal computer components.

But a wider death penalty law, Rackauckas said this week, would give his deputies another important tool.

The 1977 death penalty law permits capital punishment in first-degree murder cases if certain “special circumstances” apply. Among them: double murder, rape, robbery, burglary, killing a police officer and lying in wait.

The Legislature added “drive-by shooting” in 1995 to encompass gang murders of innocent bystanders. But Rackauckas’ proposal would widely expand that to include most killings where gang activity was a key factor.

“As always, we would be highly selective in seeking a death penalty,” Rackauckas said. A defendant’s youth or lack of a criminal background would continue to be possible mitigating factors that could lead the office to decide against seeking a death penalty in some cases.

Defense attorney William Kopeny, a former public defender, said the language in a new sentencing law would have to be specific enough so that those on the periphery of gang life can’t be swept into facing a death sentence.

“Tony has great integrity, and I know he would use discretion in when to apply a new law like this,” Kopeny said. “But what about in other counties? My fear is that a new statute like this could be abused.”

Asked how far away he was from actually putting together a proposal to local legislators, Rackauckas responded: “About an inch.”

The motive for most gang killings is revenge--not a death qualifying “special circumstance.” Lam Nguyen, 24, was sentenced to death last week under the “double murder” qualifier, after his conviction for two Westminster slayings as part of a turf war.

Rackauckas, a Superior Court judge until he won the D.A.’s race in November, points out that judges now are allowed to add up to three years in prison if a felony involves gang-related activity. Wording for a new death penalty “special circumstance” would be similar, he said.

Rackauckas has an impressive track record in forcing legal changes. As a homicide prosecutor, he helped lead the movement to remove former state Supreme Court Justice Rose Bird. He also co-wrote a sweeping court reform measure passed by California voters ten years ago.

Adds Rackauckas: “Some of these gang members are such vicious killers, I’d have no hesitation in going after them with the death penalty.”

Jerry Hicks’ column appears Monday and Thursday. Readers can reach Hicks by calling (714) 564-1049 or by e-mail at jerry.hicks@latimes.com.