City Prosecutor Haubert Cites Need To Avoid Possible Appearance of Conflicting Interest (Since Council Votes On His Office Budget) In Handing Matter Involving Councilwoman Pearce Back To D.A. For Possible Misdemeanor Consideration

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(July 26, 2017, 3:55 p.m.) -- In an emailed statement this afternoon (July 26), LB City Prosecutor Doug Haubert (whose office handles misdemeanors in Long Beach) indicated that he has handed a case involving Councilwoman Jeannine Pearce back to the L.A. County District Attorney's office for possible misdemeanor consideration, citing the need to avoid a possible "appearance of a conflict" since the City Council votes on the City Prosecutor's budget.

In his statement, City Prosecutor Haubert said the action "should not be interpreted as meaning any charges will be filed, only that consideration of the case will now be exclusively under the jurisdiction of the Los Angeles District Attorney's Office."

Today's action comes after LBPD presented the results of its investigation into allegations of domestic violence involving Pearce and her former Chief of Staff, Devin Cotter [LBPD public statement didn't indicate who alleged what against whom] and what it called "additional information regarding events not related to the June 3rd incident" to the DA's office. The DA's office then handed allegations of domestic violence to the City Prosecutor's office for consideration; today, the City Prosecutor handed that matter back to the DA's office for possible consideration.

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"Effective today, misdemeanor review of the case involving Long Beach City Council Member Jeannine Pearce will be handled by the Los Angeles District Attorney’s Office," City Prosecutor Haubert indicated in the July 26 email statement. "This includes responsibility for any prosecutorial action involving City Council Member Pearce, including misdemeanor charge evaluation, and, if charges are filed, for prosecution of the case. This should not be interpreted as meaning any charges will be filed, only that consideration of the case will now be exclusively under the jurisdiction of the Los Angeles District Attorney's Office."

City Prosecutor Haubert's July 26 statement continues:

On July 11, 2017, I reached out to the Los Angeles District Attorney’s Office to discuss whether the City Prosecutor's Office should recuse itself from any action related to a potential criminal case against Long Beach City Council Member Jeannine Pearce arising out of events on June 3, 2017.
A recusal of the Long Beach City Prosecutor's Office would be based on the possible "appearance of a conflict" since the City Council votes on the City Prosecutor's Budget. As one of nine members of the City Council, a person could believe that such budgetary power could influence a charging decision or case settlement decision. There is no clear test for when a prosecutor has an "appearance of a conflict" and reasonable people could have different opinions in this case. However, I believe the public interest is best served by the Los Angeles District Attorney's Office handling the matter to prevent even the possibility that any decision related to Ms. Pearce will be made on any basis other than the facts of the case.

In a July 13 release, LBPD indicated that in addition to the domestic violence investigations, LBPD "was made aware of additional information regarding events not related to the June 3rd incident. Pearce and Cotter have both made statements accusing each other of participating in inappropriate activity. Based on this information, the Police Department initiated an investigation into these allegations, which include inappropriate behavior and potential conflicts of interest. This investigation, along with the information related to the June 3, 2017 investigation, was presented to the Los Angeles District Attorney's Office for filing consideration. The case is currently under independent review with the LADA Public Integrity Division."

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