A San Francisco judge ruled Monday that San Francisco prosecutors do not have to back down from a case involving Mayor London Breed’s brother.
Breed’s brother, Napoleon Brown, has served more than half of a 44-year sentence he was convicted of involuntary manslaughter, armed robbery and auto theft in 2000. Brown is trying to have his sentence reduced.
His attorney, Marc Zilversmit, had tried to remove District Attorney Brooke Jenkins from the case, saying it would be clouded by politics, the San Francisco Chronicle reported.
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Breed appointed Jenkins district attorney before Jenkins was elected to the position in November.
Zilversmit had requested that the attorney general’s office take the case, but San Francisco Superior Court Justice Brendan Conroy denied that request.
In 2000, Brown and another man robbed a San Francisco diner and fled across the Golden Gate Bridge. His then-girlfriend, who was driving the getaway car, was either pushed or fell out of the vehicle and was fatally hit by a drunk driver.
Zilversmit has spoken out in favor of a reduced prison sentence on the basis of a new state law. The public prosecutor has spoken out against a renewed conviction.
Zilversmit told the newspaper his office is considering his options.
A spokesman for the prosecutor’s office said a tight firewall “previously put in place to shield District Attorney Brooke Jenkins from this case will remain in place.”
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“There will continue to be no communication at all with her about the procedure. Also, she will not have access to the physical file and the electronic files,” the spokesman said.
Brown will appear in court on February 14 for the next step in the review of his sentence.
https://www.foxnews.com/us/san-francisco-da-who-appointed-mayor-not-need-recuse-herself-mayors-brothers-case San Francisco prosecutors don’t have to back down in mayor’s brother case, judge says