Jenkins — who took office on July 8 — said she had nothing to do with the charges, and plans to withdraw them.
A complaint listing an additional standalone 11364A charge dated July 5 reviewed by SFGATE confirms that there was at least one such charge issued three days prior to Jenkins taking office. A source in the DA's office said that at the end of Boudin's tenure, the management staff overseeing these cases were on extended leave when charges were first brought.
"Usually this charge is there to justify why the cops were involved with your client," said public defender Alexandra Pray."To have it as a standalone means the suspect is not even possessing actual drugs. If you’re smoking meth that means there's meth in the pipe. If you're charged with 11364 alone that means you can't even be hit with possessing narcotics, it's just you have the means to use drugs if you come across them.
When speaking in the Tenderloin last week, Jenkins stressed the importance of going after drug dealers,she would more vigorously prosecute people for drug possession. Jenkins stylizes herself as a progressive who supports criminal justice reform but disagrees with Boudin's approach. Public defenders say there's nothing progressive about standalone drug paraphernalia charges, and that it distracts from dealing with more serious crimes in the city.
"They take a lot of time, energy and focus from everyone to deal with these," Calloway said."It's a tremendous waste of resources for everyone except the police who will get more overtime hours knowing they can harass people sitting on the sidewalk and earn money for it. This is true not just of possession and paraphernalia charges but drug sales charges as well. The evidence is clear in both categories, arrest, prosecution and caging do not work.
"I respect that a new administration will have new priorities, but to go for one of the lowest level misdemeanors that's a mechanism for a crime instead of the real crime, I can’t believe it’s one of the first policies they’ve implemented," Pray said."I would understand it more if this were about dealers, but this seems very performative.
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