Rob Bonta's office issued a rebuttal to DA Brooke Jenkins after she said her office is recusing itself from the case against Christopher Samayoa, who shot and killed Keita O'Neil in 2017.
rationale for recusing her office from the manslaughter case against Christopher Samayoa, the former San Francisco police officer who shot and killed an unarmed carjacking suspect in 2017.she would be dropping the charges against Samayoa
because she felt her predecessor, Chesa Boudin, filed them for"political reasons." She said a review of Boudin's decision to file charges revealed"conflicts,""evidentiary problems" and a"complete lack of good faith." However, Jenkins invited the state to pick up the case, more or less recusing her office from taking further action:"Despite our assessment that we are unable to ethically proceed ...
But the attorney general's office says the reasons Jenkins cited are not justifiable for passing the buck off to the state and that it's exceedingly rare for the attorney's general office to step in because of a city-level recusal of a case.
"Under this standard, the District Attorney’s disagreement with the charging decision of the prior District Attorney and accompanying accusations of impropriety do not create a recusable conflict," the letter, a copy of which was reviewed by SFGATE, said."Likewise, that some personnel within the District Attorney’s office may have different opinions about the case does not give rise to a recusable conflict mandating the Attorney General assume responsibility for the prosecution.
"Absent a conflict, the role of the Attorney General in reviewing a District Attorney’s charging decision is limited to determining whether the District Attorney has abused her discretion," the letter's author, Chief Assistant Attorney General Lance Winters, added.
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