FIRST ON FOX: A prominent Los Angeles prosecutor suing the county in a whistleblower retaliation lawsuit is asking a judge to force his boss, District Attorney George Gascon, to sit for a deposition under oath.
John Lewin, who prosecuted real estate heir-turned-killer Robert Durst, says he was demoted from a prestigious position handling cold case trials to a mere “calendar deputy” after he questioned the legality of some of his boss’s policies.
Now a motion to compel comes after Lewin’s lawyers say Gascon refused to show up for previously scheduled depositions.
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Deputy District Attorney John Lewin makes opening statements in the Robert Durst murder trial in Los Angeles on March 4, 2020. (Etienne Laurent/Pool via Reuters)
“At the time of my demotion, nobody in my chain of command was aware of it,” Lewin told Fox News Digital. “It came from the highest levels of the office. I very much look forward to George Gascon and his administration being forced to sit under oath where they’re going to have to answer questions.”
If the order is granted, it could be the first time Gascon is deposed under oath in one of more than a dozen lawsuits subordinates have filed against him.
He was ordered to sit in one other lawsuit, but the trial kicked off before he had a chance, and he took the witness stand instead, according to Robert Glassman, one of Lewin’s attorneys. It ended in a $1.5 million judgment for Deputy District Attorney Shawn Randolph.
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Lewin filed the retaliation lawsuit after he says he was demoted for writing to his superiors about the apparent unlawfulness of a series of “special directives” Gascon issued after taking office in 2020.
“It’s just a blatant act of retaliation. You have arguably the top prosecutor in the county, he is indispensable to the office, and you remove him from an elite unit and put him out in a satellite court running calendar,” Glassman told Fox News Digital. “And this is the same guy who has been vocal from day one about Gascon’s policies and how they’re not in the best interest of the office and how they’re illegal.”
Los Angeles County District Attorney George Gascon (Brian van der Brug/Los Angeles Times via Getty Images/File)
Lewin, in a series of lengthy emails, described why he believed the directives violated state law, and in February 2021, a Los Angeles judge agreed, issuing an injunction against policies that prevented deputy district attorneys from filing “strike” offenses under California’s “three strikes” law.
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“John specifically requested that if his interpretation of the illegality of the policy was incorrect, that he be directed to the legal authority which supported the District Attorney’s order,” his lawyers wrote. “There was no response to this email.”
A hearing on Lewin’s motion has been scheduled for September.
Deputy District Attorney John Lewin presents opening arguments in the murder trial of New York real estate heir Robert Durst on March 5, 2020, in Los Angeles. (Robyn Beck/AFP via Getty Images)
It’s been a struggle since his demotion, his lawyer said, but the veteran deputy district attorney remains dedicated to doing the best job he can for the citizens of Los Angeles County.
“They took something away from him that he is so passionate about,” Glassman said. “It’s his life. As with anyone in public service, they’re not doing it for the money.”
Lewin, described in court filings as “one of the most celebrated and accomplished prosecutors in Los Angeles,” recently cut a leave short to come back to prosecute the cold case murder and rape suspect Charles Wright, who was a teacher in Inglewood. Jury selection for the trial is currently underway.
“He possesses a special skill set that, quite frankly, other prosecutors don’t have,” Glassman told Fox News Digital. “That’s OK, but they know their limitations, and they know they need John. So, they had to call him out of leave to help prosecute this complicated case because he’s the right man for the job.”
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Lewin and another prominent Los Angeles prosecutor, John McKinney, both said they were demoted from the Major Crimes Division in September 2022 after voicing disagreement with Gascon’s policies. By the time Randolph won her lawsuit in 2023, at least 17 retaliation lawsuits had been filed.
McKinney also won high-profile convictions, prosecuting Eric Holder, who murdered Grammy-winning rapper Nipsey Hussle.
Gascon’s office did not immediately respond to a request for comment on the latest filing.
