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California Rep. Kevin Kiley: As district attorney, Kamala Harris looked out for San Francisco’s criminals

Sat Sep 14 2024
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Quick Hit:

In an op-ed published Wednesday, California Rep. Kevin Kiley blasted Kamala Harris’s record as San Francisco’s district attorney, highlighting several high-profile cases where Harris’s office downgraded charges or failed to prosecute repeat offenders. He argues that Harris’s approach as a "progressive prosecutor" prioritized criminal leniency over public safety, warning that her policies have made San Francisco a "cautionary tale."

Key Details:

  • Kiley pointed to the case of George Petrilli, who killed Officer Nick Tomasito-Birco after Harris’s office downgraded his firearm charge from a felony to a misdemeanor. Despite being arrested 12 times before the murder, Petrilli served only 35 days in jail.

  • Another example included the 2007 assassination of Oakland Post editor Chauncey Bailey, whose killer was on probation for assault. Kiley argued that Harris’s lenient approach to crime was responsible for such preventable tragedies.

  • Kiley criticized Harris for proposing a plan in 2005 that would have allowed drug dealers to avoid prosecution until their third arrest, a proposal that police protested, fearing it would invite "an influx of sales and associated crimes."

Diving Deeper:

In an op-ed published Wednesday by Fox News, California Rep. Kevin Kiley delivered a searing critique of Kamala Harris’s tenure as San Francisco’s district attorney, calling into question the vice president’s claims of being "tough" on crime. Kiley opened his piece by citing the case of George Petrilli, a man who killed San Francisco Officer Nick Tomasito-Birco after Harris’s office downgraded his gun possession charge from a felony to a misdemeanor. "Petrilli was free to kill Officer Nick Tomasito-Birco because of Kamala Harris," Kiley wrote, adding that Petrilli had been arrested 12 times prior to the murder, yet faced minimal jail time due to Harris’s policies.

Kiley argued that Petrilli’s case was not an isolated incident, but part of a larger pattern of leniency during Harris’s time as DA. He highlighted the 2007 assassination of Oakland Post editor Chauncey Bailey, whose killer was on probation for a violent assault. According to Kiley, these cases are emblematic of Harris’s "progressive prosecutor" approach, which he claims resulted in dangerous criminals being released back onto the streets. He wrote that Harris "turned a blind eye to crime" and was responsible for creating a dangerous environment for San Francisco residents.

Kiley also criticized a 2005 proposal from Harris that would have allowed drug dealers to avoid prosecution until their third arrest. "Her plan was that drug dealers would only get charged for selling narcotics the third time they got arrested," Kiley explained. This proposal, which was ultimately rejected after pushback from the San Francisco Police Department, would have had "adverse effects," according to then-Police Chief Heather Fong. Fong warned that out-of-town drug dealers would flock to San Francisco, knowing they could "sell drugs without consequences."

In addition to these high-profile cases, Kiley took aim at Harris’s overall conviction rate as district attorney. He pointed to a San Francisco Weekly report from 2010 that found her conviction rate for felony trials was just 53%, well below the statewide average of 83%. Kiley accused Harris of relying heavily on plea deals to secure convictions rather than taking serious cases to trial. He wrote, "When serious criminals went to trial, Harris lost often."

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