San Francisco District Attorney Chesa Boudin was slapped with two new legal challenges last week that accuse the prosecutor of violating his duties. A closer look at the cases shows one may be much more serious than the other.
Boudin accused of mishandling hate crime
A 69-year-old Asian American man who was assaulted in San Francisco two years ago says Boudin failed to protect his rights. Anh Lê filed a lawsuit against Boudin, as well as the City and County of San Francisco, on Jan. 24. But new details have emerged that cast doubt on the plaintiff’s version of the story.
Lê was attacked with a plastic baseball bat by a father and son while walking through Chinatown in November 2019. Lê’s attorneys say the two had threatened other Asians in Chinatown that same day. Instead of being charged with a hate crime, the defendant was given a plea deal for a misdemeanor. Lê says he was not informed of the plea discussions and a judge later apologized to Lê for the way he was treated by the justice system.
However, according to Boudin’s office, it was former Interim District Attorney Suzy Loftus who declined to file hate crime charges. The baseball bat used in the attack was apparently a toy and it was wielded by the son, who was 11 years old at the time.
The San Francisco Chronicle also found that a county advocate attempted to contact Lê numerous times to no avail. It was further revealed that Lê is a contributor to a publication known for anti-Boudin commentary.
Boudin accused of withholding evidence in criminal case
In a separate case, a San Francisco police officer has accused Boudin of withholding evidence in order to secure a conviction against him for excessive use of force.
The officer is currently facing assault charges for allegedly beating a domestic violence suspect, who was never charged with a crime. His attorney wants the case thrown out, alleging Boudin’s office concealed an interview with a witness who said they saw the suspect assaulting his girlfriend. That evidence could have led to a conviction against the suspect and would have provided important context in the officer's assault case.
This case may have legs. The NBC Bay Area's Investigative Unit reported Thursday that a criminal investigator for the DA’s office has testified “that she was ordered by her own co-workers – attorneys inside the district attorney’s office – to withhold evidence, and said she believed she would have been fired if she refused.”
Boudin is the focus of a recall effort in San Francisco that has seen a gush of campaign cash. As the months progress, expect a PR blitz aimed at nailing — and saving — the controversial prosecutor.