LA DA Hochman revives death penalty policy, allowing for rare consideration in extreme cases

LOS ANGELES - After being in the DA's Office for three months, Nathan Hochman is making some big changes to the current policies of the Los Angeles County District Attorney’s Office regarding its prosecution of special-circumstance murder cases.

Effective immediately, Hochman is rescinding the prior administration’s policy forbidding prosecutors from seeking the death penalty.

In a statement, Hochman said the death penalty will be considered in only the "most egregious set of circumstances" and only after "an extensive and comprehensive review and only in exceedingly rare cases."

The statement from the DA's office read in part, "This new policy recognizes an evolving determination that the death penalty should be restricted to the most egregious sets of circumstances. Additionally, under the new policy, defense counsel will be offered enhanced opportunities to share information about the defendant with the Special Circumstances Committee and the District Attorney when the death penalty is under consideration. Murder victims’ survivors’ views will be sought and considered prior to any final determinations being made. The infrequency with which the death penalty will be sought in special circumstance murder cases will, in most cases, allow the District Attorney’s Office to inform the Court at an early stage that the Office is pursuing the only other sentence available under such prosecutions, a sentence of life without the possibility of parole rather than death. In addition, the standard to charge such death penalty cases at all stages of review will be beyond a reasonable doubt, not the prior standard of probable cause."

"I remain unwaveringly committed to the comprehensive and thorough evaluation of every special circumstance murder case prosecuted in Los Angeles County, in consultation with the murder victim’s survivors and with full input on the mitigating and aggravating factors of each case, to ensure that the punishment sought by the Office is just, fair, fitting, and appropriate," Hochman said.