LOS ANGELES—District Attorney George Gascón will testify next month in a pretrial deposition related to a veteran prosecutor’s lawsuit alleging he was demoted from a prestigious position for speaking out against Gascón’s sentencing recommendation directives.
Deputy District Attorney John Lewin’s legal team had argued in court papers filed previously with Los Angeles Superior Court Judge Steve Cochran that the county’s top prosecutor was stalling at agreeing to a deposition date. The same lawyers sought a court order compelling Gascón to appear for the questioning.
However, the attorneys in the case told the judge on Sept. 23 that the disagreement was resolved and that Gascón will be deposed on Oct. 9 and again, if necessary, on Oct. 31.
Lewin alleges in his suit brought in February 2023 that he was wrongfully transferred from his high-profile position in the Cold Case Unit of the Major Crimes Division to a job handling daily cases before a judge at the Inglewood courthouse, all because of his criticisms of Gascón’s sentencing directives implemented after Gascón took office in December 2020.
Although as recently as late May attorneys for Gascón said in an email that they were willing to discuss a date for their client’s deposition, no definitive availability time was offered despite ongoing requests dating back more than a year, according to Lewin’s attorneys’ court papers.
“George Gascón should be subjected to deposition because of his direct personal factual information regarding the implementation of the special directives, plaintiff’s complaints of these illegal policies and Gascón’s specific role in the retaliatory transfer of plaintiff, all of which are material to this action, exclusive to George Gascón and not available from any other source,” Lewin’s attorneys argue in their court papers.
The evidence supports the notion that Gascón had direct knowledge of Lewin’s complaints, was on notice of the plaintiff’s concern of a retaliatory transfer and was involved in the decision to relegate him a calendar deputy position, the Lewin lawyers further state in their pleadings.
Lewin in 2021 was awarded that year’s Ken Lamb Distinguished Achievement Award for his 27 years of service in the District Attorney’s Office, but he refused the office’s request to appear in a photo with Gascón, because he worried doing so would be “construed as an endorsement of Gascón’s illegal policies,” Lewin’s attorneys state in their court papers.
Lewin was the lead prosecutor in the trial of Robert Durst, a New York real estate heir who was serving life in prison without parole, died in January 2022 at age 78 of natural causes. Durst was convicted in September 2021 of first-degree murder for the December 2000 shooting of Susan Berman.
