First appeared 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 Gascón, to provide a sworn deposition.
John Lewin, who prosecuted real estate heir-turned-murderer Robert Durst, says he was demoted from a prestigious position presiding over cold case trials to merely “charter ad litem” after he questioned the legality of some of his boss’ policies.
The motion to compel was filed after Lewin’s lawyers argued that Gascón refused to appear at a scheduled deposition.
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Assistant District Attorney John Lewin delivers opening statements at the Robert Durst murder trial in Los Angeles on March 4, 2020. (Etienne Laurent/Pool via Reuters)
“When I was demoted, no one in my chain of command knew about it,” Lewin told Fox News Digital. “The demotion came from the highest levels of the office. I very much look forward to George Gascón and his administration being forced to answer questions under oath.”
If the order is granted, it could be the first time Gascón has filed a sworn deposition in one of more than a dozen lawsuits filed against him by his subordinates.
One of Lewin’s lawyers, Robert Glassman, said he had been ordered to appear in another case, but the trial began without him having the opportunity to appear, so he testified as a witness instead. The case ended with a $1.5 million judgment against Deputy District Attorney Shawn Randolph.
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Lewin filed a retaliation lawsuit, alleging she was demoted after she told her superiors in writing that a series of “special directives” Gascón issued after taking office in 2020 were clearly illegal.
“This is just a blatant act of retaliation, taking the top prosecutor in the county, an integral part of the DA’s office, and taking him out of an elite unit and putting him in a court-run satellite unit,” Glassman told Fox News Digital. “And this is someone who from day one has been vocal about Gascón’s policies and saying they’re not in the best interest of the DA’s office and that they’re unlawful.”
Los Angeles County District Attorney George Gascón (Brian van der Burg/Los Angeles Times via Getty Images/File)
In a lengthy series of emails, Lewin explained why he believed the directive violated state law, and in February 2021, a Los Angeles judge agreed, issuing an injunction against the policy that bars deputy district attorneys from prosecuting “strike” crimes under California’s “three strikes” law.
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“John specifically requested that if his interpretation of the illegality of this policy is incorrect, he contact the legal authorities who support the District Attorney’s order,” the lawyers wrote. “This email received no response.”
A hearing on Mr Lewin’s motion is scheduled for September.
Deputy District Attorney John Lewin delivers opening statements in the murder trial of New York real estate heir Robert Durst on March 5, 2020, in Los Angeles. (Robin Beck/AFP via Getty Images)
The attorney said that although struggles have continued since his demotion, the veteran deputy district attorney remains dedicated to doing what’s best for the residents of Los Angeles County.
“They took away from him something he was very passionate about,” Glassman said. “It’s his life. Like any public servant, they’re not in it for the money.”
Lewin, described in court documents as “one of Los Angeles’ most well-known and talented prosecutors,” recently returned from a shortened vacation to prosecute a suspect in an unsolved murder and rape case. Charles Wrightwas a teacher in Englewood. Jury selection for the trial is currently underway.
“Frankly, he has a special skill set that other prosecutors don’t have,” Glassman told Fox News Digital. “That’s all well and good, but the prosecution knows their limitations, and they know they need John. That’s why we had to bring him in on vacation to help prosecute this complex case, because he’s the right person for the job.”
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Lewin and another prominent Los Angeles prosecutor, John McKinney, said they were demoted from the Major Crimes Unit in September 2022 after voicing opposition to Gascón’s policies. By the time Randolph won his case in 2023, at least 17 retaliation lawsuits had been filed.
McKinney also won a high-profile conviction for prosecuting Eric Holder, the murderer of Grammy Award-winning rapper Nipsey Hussle.
Gascón’s office did not immediately respond to a request for comment on the latest filing.
