COOLEY 'THREE STRIKES' PLAN ATTACKED.

Byline: Dominic Berbeo Staff Writer

Secretary of State Bill Jones said Wednesday that Los Angeles County District Attorney-elect Steve Cooley's policy to cut some third-strike prosecutions ``is a dangerous abuse of discretion and a flagrant disregard for the law.''

Jones, who authored the ``three strikes, you're out'' law in 1994 as a Republican assemblyman, urged Cooley to reconsider the policy before he takes office Monday.

Los Angeles County public defenders in the San Fernando Valley and countywide have said they are delaying ``three strikes'' cases in anticipation of winning their clients more lenient prison sentences.

``District Attorney-elect Cooley's anticipated blanket policy to let career serious and violent criminals off the hook because their third felony is a nonviolent one is a dangerous abuse of discretion and a flagrant disregard for the law that an overwhelming 72 percent of California voters supported in 1994,'' Jones said in a statement.

``When drafting 'three strikes,' '' Jones said, ``the discretion given to prosecutors is required to be used 'in the furtherance of justice' - not as a tool to return repeat serious and violent criminals to the streets because this time their crime 'wasn't serious enough.' ''

Jones credited tough enforcement of the law for a 41 percent drop in crime.

Cooley said he would not reconsider his policy, which was central to his campaign against incumbent District Attorney Gil Garcetti.

``As district attorney-elect, I am fully empowered to fashion a 'three strikes' policy that fulfills the voters' intent that the interests of justice be served,'' Cooley said in a statement.

``My policy will be predictable and consistent while recognizing that 'three strikes' is a powerful tool to be used against recidivist predator criminals,'' he said. ``The law will be used to seek 25-to-life for violent felons.''

California's 'three strikes' law calls for a 25-years-to-life sentence for those convicted of a third felony. Cooley's policy would allow for some nonviolent third offenses to be treated as second offenses, permitting more lenient sentences.

County Supervisor Don Knabe, a 'three strikes' advocate, said he is nervous about the policy, but he believes Cooley does not intend to let off offenders with extremely violent records.

``I wasn't really excited about public defenders holding off on cases,'' Knabe said.

``If we're talking about two robberies of bread, that's one thing,'' he said. ``But for example, a violent gangster with two violent priors should not get off for a nonviolent third offense, and I hope the new district attorney will be consistent with that.''

Alameda County District Attorney Thomas Orloff, president of the California District Attorneys Association, said he believes each county prosecutor should have discretion to interpret the law.

``Each case should be looked at on an individual basis,'' Orloff said.

Cooley has said his policy would not include lighter sentencing for nonviolent crimes that display a potential for violence, such as possession of a weapon.