Federal Prosecutor Resignations Over Plea Deal for Sheriff's Deputy in Los Angeles

Several federal prosecutors, including the man in charge of Public Corruption and Civil Rights, have stepped down following a plea bargain proposed by the new U.S. attorney in Los Angeles. This agreement was offered to a sheriff's deputy who was previously convicted of using excessive force.

Two insiders revealed to The Times that Assistant U.S. Attorneys Eli A. Alcaraz, Brian R. Faerstein, and division chief Cassie Palmer left their posts due to a plea deal after a trial in the case of Trevor Kirk. Kirk, an L.A. County sheriff's deputy, had been found guilty of a felony incident involving a woman outside a Lancaster market.

When contacted, Faerstein declined to comment, while other prosecutors who resigned did not respond to questions. The sources requested to stay anonymous due to fear of backlash, and the U.S. attorney’s office did not provide any statements.

Details of the Kirk Case and Plea Agreement

Kirk was found guilty in February of a felony charge for violating civil rights under the pretense of law and was facing a decade-long sentence. However, under the plea filed, pending a judge's decision, he would face only up to a year in jail, with the government recommending probation for another year.

The deputy was found guilty of excessive force after throwing a woman to the ground during an incident in Lancaster.

The June 2023 incident occurred when responding to a robbery call. Kirk threw the woman down and used pepper spray, despite her filming him and not being armed, according to the police records.

The plea deal proposes that Kirk pleads to a lesser offense of misdemeanor violation of civil rights under law.

If a judge approves the deal, the U.S attorney’s office agrees to cancel the jury’s previous decision that Kirk wounded the victim.

Reaction to the Plea Agreement

After the plea was arranged, Alcaraz, Palmer, Faerstein, and another attorney, Michael J. Morse, all removed themselves from the case, as per court records. The only assistant U.S. attorney involved in the plea who wasn't previously inbound was Robert J. Keenan.

Bill Essayli, recently appointed interim U.S. Attorney by the attorney general, is involved in this unusual plea agreement.

Trevor Kirk’s attorney refrained from commenting, having previously characterized Kirk as acting lawfully under duress.

According to Carley Palmer, now a partner at a law firm, the plea arrangement proposed by Essayli is highly unconventional, though not entirely without precedent.

Palmer states that such a post-trial plea would usually necessitate newfound evidence proving innocence or significant misconduct by the prosecutors.

Last month, U.S. District Judge Wilson rejected a request for Kirk's acquittal, deeming available footage sufficient for a conviction for unnecessary force.

The judge noted Kirk's undue aggression, contrary to his partner who managed an arrest without violence.

New descriptions in the plea paint the woman as resisting by swatting at Kirk’s arm, though it remains disputed whether her reaction was voluntary or reflexive.

Additional injuries she sustained were originally documented in February, but the new plea omits these details.

Caree Harper, the attorney for the injured party, criticized the plea for appearing to adjust the facts, warning it may enable Kirk to continue working in law enforcement.

Broader Implications and Responses

Robert Bonner, a past federal judge, noted that sanctioning such a plea could complicate future plea negotiations. Judges can still reject or alter the terms of the plea deal.

Despite the agreement between defense and prosecution, the judge holds final discretion on the plea.

As public and internal discord surfaces, including Kirk receiving backing from advocacy groups and social media, reactions remain mixed.

Legal community critics, including Harper, anticipate possible civil rights actions should the plea deal be executed, as they see it as undermining established legal processes.

Concerns about political influence in federal prosecutions have arisen amid previous dismissals of legal officials with contentious views, adding a layer of complexity to the resignations.