4 ms·

Boudin specifically declared in your case he would not prosecute? Did he leave a record of his reason? Or did the SFPD just say he would? SFPD went on holiday t

Boudin specifically declared in your case he would not prosecute? Did he leave a record of his reason? Or did the SFPD just say he would? SFPD went on holiday to make him look bad, so the difference is important.

atdrummond 4y ago
I should be clear it was his office (I’ve never talked to the man), not him, where I encountered the most trouble. SFPD at least feigned caring about my situation but repeatedly pleaded their hands were tied, that they could arrest but the men would end up back on the street in days. The new DA’s office has made a lot of promises but there’s been no substantial progress. Their continued increasing rates of prosecutions on violent crimes gives me a bit more hope that they’re truly battling through an immense backlog - but I’ve simply run out of patience and energy to fight the system in order to compel them to simply do their jobs.
- quantified 4y ago
  I think the case against Boudin would be made if the police made the arrests and the DA did in fact refuse to prosecute. Maybe there would have been that case. What trouble did the DA's office give you?
  - atdrummond 4y ago
    During Boudin’s admin, I struggled to ever talk to anyone. I was able to confirm they had all the info I had collected and the various reports the police I had done. They did seem oddly interested if I felt there was a possibility I instigated the attack (I was assaulted seconds after walking out the door). Since Boudin left, they have been much more responsive and have intimated they well get to my case. I just haven’t seen any action yet - but they have been far easier to communicate with.
- jeltz 4y ago
  Why did you just trust the police? They could be telling the truth but they could also be lying. And in either case they did not even bother to try. If they do not investigate and hand the case to the DA's office how would the DA be able to press charges? Their accusation against Boudain could be correct but they could just as well be lazy and blame it on what the DA's office may or may not do in the future.
  - microtherion 4y ago
    And, notably, the police had a pattern of lying about Boudin because he was trying to crack down on police misconduct. This led to absurd scenes such as the DA forced to rent a U-haul truck and rely on the assistance of federal agencies to transport seized stolen goods, and arrest a suspect after the bust of a major car burglary ring: https://www.sfgate.com/bayarea/article/SFPD-didnt-stop-Quickly-burglaries-17195981.php https://www.sfgate.com/bayarea/article/SFPD-didnt-stop-Quick... The police achieved their objective of getting Boudin replaced by a DA who would let them continue to act with impunity. As you seem to have experienced yourself, fighting (non-Police) crime does not seem to have changed much.
- beowulfey 4y ago
  If the police are not arresting, they were the ones who made the decision not to prosecute… not the DA. They may blame the DA, but really they just didn’t want to do the paperwork.
  - danso 4y ago
    The DA is the entity who decides to pursue charges against a suspect or not. The police can only arrest and recommend.
  - jprete 4y ago
    The prosecution and the arrest are independent. In particular, the DA can charge someone with a crime and then get the police to arrest them because they’re a flight risk, a danger to the community, or they don’t show up for court dates.
    - lern_too_spel 4y ago
      Without an arrest, the DA can't file criminal charges. They need the paperwork that SFPD refuses to file.
soderfoo 4y ago
In a broader sense, and without delving in to politics, administrative and resource constraints require District Attorneys to set priorities and guidelines to determine which matters to pursue. It is an ugly side of the criminal justice system I witnessed firsthand. DA's have a budget and a limited number of assistant attorneys. They have to manage their office's caseload, and keep cases they do pursue moving through the pipeline. Even then, they must compete with the priorities of the judiciary and individual judges to reduce their caseload and keep cases moving. It was not uncommon for judges to periodically advise prosecutors, public defenders and other key defense attorneys to convene a forum for the expeditious resolution of cases (essentially a fire sale with lots of bartering) to lessen their load and improve their KPIs. So I think it is fair to say, Chesa Boudin, in his capacity as managing attorney responsible for setting his office's prosecutorial discretion policy, refused to prosecute the case. No different from any other prosecutorial discretion decisions made by countless prosecutors around the country daily.
- quantified 4y ago
  That's a bunch of words to say that the police just said so. And that the judges are part of the problem.
- jeltz 4y ago
  How would the DA even be able to press charges if the police do not investigate at all because they claim that the DA will not press charges? The DA does not go round investigating criminal cases, they rely on the police for that. It was clearly the police who dropped the case, not the DA. Maybe the police have given up because they are correct in that the DA will not do anything, but they could just as well be blaming the DA for their own prioritization issues.

atdrummond 4y ago

I should be clear it was his office (I’ve never talked to the man), not him, where I encountered the most trouble. SFPD at least feigned caring about my situation but repeatedly pleaded their hands were tied, that they could arrest but the men would end up back on the street in days. The new DA’s office has made a lot of promises but there’s been no substantial progress. Their continued increasing rates of prosecutions on violent crimes gives me a bit more hope that they’re truly battling through an immense backlog - but I’ve simply run out of patience and energy to fight the system in order to compel them to simply do their jobs.

quantified 4y ago
I think the case against Boudin would be made if the police made the arrests and the DA did in fact refuse to prosecute. Maybe there would have been that case. What trouble did the DA's office give you?
- atdrummond 4y ago
  During Boudin’s admin, I struggled to ever talk to anyone. I was able to confirm they had all the info I had collected and the various reports the police I had done. They did seem oddly interested if I felt there was a possibility I instigated the attack (I was assaulted seconds after walking out the door). Since Boudin left, they have been much more responsive and have intimated they well get to my case. I just haven’t seen any action yet - but they have been far easier to communicate with.
jeltz 4y ago
Why did you just trust the police? They could be telling the truth but they could also be lying. And in either case they did not even bother to try. If they do not investigate and hand the case to the DA's office how would the DA be able to press charges? Their accusation against Boudain could be correct but they could just as well be lazy and blame it on what the DA's office may or may not do in the future.
- microtherion 4y ago
  And, notably, the police had a pattern of lying about Boudin because he was trying to crack down on police misconduct. This led to absurd scenes such as the DA forced to rent a U-haul truck and rely on the assistance of federal agencies to transport seized stolen goods, and arrest a suspect after the bust of a major car burglary ring: https://www.sfgate.com/bayarea/article/SFPD-didnt-stop-Quickly-burglaries-17195981.php https://www.sfgate.com/bayarea/article/SFPD-didnt-stop-Quick... The police achieved their objective of getting Boudin replaced by a DA who would let them continue to act with impunity. As you seem to have experienced yourself, fighting (non-Police) crime does not seem to have changed much.
beowulfey 4y ago
If the police are not arresting, they were the ones who made the decision not to prosecute… not the DA. They may blame the DA, but really they just didn’t want to do the paperwork.
- danso 4y ago
  The DA is the entity who decides to pursue charges against a suspect or not. The police can only arrest and recommend.
- jprete 4y ago
  The prosecution and the arrest are independent. In particular, the DA can charge someone with a crime and then get the police to arrest them because they’re a flight risk, a danger to the community, or they don’t show up for court dates.
  - lern_too_spel 4y ago
    Without an arrest, the DA can't file criminal charges. They need the paperwork that SFPD refuses to file.

soderfoo 4y ago

In a broader sense, and without delving in to politics, administrative and resource constraints require District Attorneys to set priorities and guidelines to determine which matters to pursue. It is an ugly side of the criminal justice system I witnessed firsthand. DA's have a budget and a limited number of assistant attorneys. They have to manage their office's caseload, and keep cases they do pursue moving through the pipeline. Even then, they must compete with the priorities of the judiciary and individual judges to reduce their caseload and keep cases moving. It was not uncommon for judges to periodically advise prosecutors, public defenders and other key defense attorneys to convene a forum for the expeditious resolution of cases (essentially a fire sale with lots of bartering) to lessen their load and improve their KPIs. So I think it is fair to say, Chesa Boudin, in his capacity as managing attorney responsible for setting his office's prosecutorial discretion policy, refused to prosecute the case. No different from any other prosecutorial discretion decisions made by countless prosecutors around the country daily.

quantified 4y ago
That's a bunch of words to say that the police just said so. And that the judges are part of the problem.
jeltz 4y ago
How would the DA even be able to press charges if the police do not investigate at all because they claim that the DA will not press charges? The DA does not go round investigating criminal cases, they rely on the police for that. It was clearly the police who dropped the case, not the DA. Maybe the police have given up because they are correct in that the DA will not do anything, but they could just as well be blaming the DA for their own prioritization issues.