COOLEY ACCUSES MAYOR OF CAVING TO VIGILANTISM.

Byline: Harrison Sheppard Staff Writer

District Attorney Steve Cooley accused Los Angeles Mayor James Hahn on Friday of pandering to ``a vigilante mentality'' for publicly demanding that a brutal attack on two gay men in West Hollywood should be prosecuted as a hate crime without knowing the evidence.

Hahn had criticized Cooley for not adding hate-crime allegations to the robbery and assault charges against the three suspects in the Sept. 2 attack.

But the district attorney angrily told the mayor in a letter Friday that there is no evidence at this time to support the hate-crime allegation. Cooley said Hahn's conduct was ``inflammatory'' and ``irresponsible'' since he was a prosecutor himself and had not examined the evidence.

``Your suggestion that I am sending the 'wrong message' in not filing a hate crime is irresponsible and panders to a vigilante mentality inconsistent with due process,'' Cooley wrote.

``I took an oath to uphold the law as chief prosecutor of Los Angeles County. I am responsible to the people, not the politicians.''

A spokesman for Hahn said the mayor will not back down.

``The mayor stands by his remarks and agrees with Sheriff (Lee) Baca that the district attorney should reconsider his evaluation of the case,'' said Deputy Mayor Matt Middlebrook.

``All he's doing is expressing his opinion as to what the district attorney should do on this. It's perfectly appropriate. The mayor can express his opinion on anything he wants, particularly as a former prosecutor.''

The two victims were beaten shortly after embracing on Cynthia Street after midnight on Sept. 2, with one man suffering severe wounds to the head from a baseball bat, and the other escaping with minor injuries.

Trev Broudy, hospitalized after the attack, was released from a local hospital Thursday and faces a long recovery, said West Hollywood Councilman Steve Martin.

While hundreds of people and elected officials, including the Los Angeles City Council and West Hollywood council members, have criticized the district attorney for not filing hate-crime charges on the attack, Cooley singled out the mayor for a response because Hahn was formerly city attorney and should have known better, according to a Cooley spokeswoman.

``The district attorney felt the mayor - as an attorney, of all people - should understand the duties of a prosecutor, the ethical obligations of a prosecutor and the law, and should understand that before commenting on the evidence, you ought to know what it is,'' said spokeswoman Sandi Gibbons.

Gibbons said the sheriff's detectives handling the case had not recommended that hate-crime charges be filed in the case.

But a spokesman for the Sheriff's Department said Friday that is not the case. ``The sheriff's detectives, the lead investigators, they recommended to the D.A. that they file a hate-crime enhancement,'' said Deputy Sheriff Richard Pena.

Hahn sent his letter to Cooley on Oct. 4 and later made comments in a speech in West Hollywood, criticizing him for not filing hate-crime charges and asking him to reconsider.

``I am concerned that your office's decision not to file hate-crime charges in this case will send the wrong message that crimes motivated by hate against members of the gay community will not be enforced to the full extent of the law,'' Hahn wrote. ``In so doing, the decision has unfortunately perpetuated the harm that was caused by these attacks.''

But Cooley said his office and investigators found no evidence that the attack was a hate crime. Instead, he has charged the three suspects in the case with attempted robbery, assault with a deadly weapon and conspiracy to commit robbery.

The charges could lead to sentences from six to 20 years, while a hate crime enhancement would add two to four years.

Also, Gibbons said the suspects are being investigated in connection with at least two other attempted robberies around the same time period, though they have not been charged.

In addition, Cooley's office released information on the criteria it uses for when to file - and when not to file - for a hate crime. The district attorney's Crime Charging Policy is that it is improper to file for a hate crime based on ``the mere fact of a request to charge by a police agency, private citizen or public official'' or on ``public or news media pressure to charge.''

Cooley also noted that his department actively prosecutes hate crimes, with 27 filings in 2000, 33 filings in 2001 and 26 so far this year.

EXCERPTS OF LETTERS

Here is an excerpt from Mayor James Hahn's letter to District Attorney Steve Cooley:

I am concerned that your office's decision not to file hate-crime charges in this case will send the wrong message that crimes motivated by hate against members of the gay community will not be enforced to the full extent of the law. In so doing, the decision has unfortunately perpetuated the harm that was caused by these attacks. I respectfully ask your office to reconsider filing hate-crime enhancements, and if necessary, ask for additional follow-up investigation by the Sheriff's Department to ensure convictions.

Here is an excerpt from District Attorney Steve Cooley to Mayor James Hahn:

As a lawyer and former City Attorney, you know that the law and professional ethics require that charges be filed only when supported by evidence. Your allegation that my decision was not correct is disturbing in light of the fact that you have not reviewed the evidence in this case. ... Your suggestion that I am sending the ``wrong message'' in not filing a hate crime is irresponsible and panders to a vigilante mentality inconsistent with due process. I took an oath to uphold the law as chief prosecutor of Los Angeles County. I am responsible to the people, not the politicians.

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EXCERPTS OF LETTERS (see text)