Politics & Government

Pharr to Challenge Lieberstein for Napa County District Attorney

Candidates to face off in June 2014 primary elections.


Longtime lawyer and former prosecutor Doug Pharr has announced he will seek to unseat Napa County District Attorney Gary Lieberstein in next June’s election.

“My 14 years of experience as a prosecutor in Napa, Mendocino and Stanislaus counties, plus my six years of work as a private Napa lawyer, provide voters with a fresh alternative to business as usual,” said Pharr, 51, in a statement to Napa Valley Patch.


“I will bring results as a prosecutor and leader, not a politician,” said Pharr.

Although he hasn't made a public announcement, Lieberstein told Napa Valley Patch privately in June that he does intend to seek a fifth term in office.

That was several months after the death in March of his son Adam Lieberstein, when the question arose as to how the tragic loss would affect his decision to run again.

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"While the concept of spending more private time with my family is appealing, I realize that there is still much I can accomplish as District Attorney and I am deeply committed to continuing to doing so," Lieberstein said in June.

"I am extremely proud of the outstanding work done by the attorneys, investigators, victim advocates and legal support staff in my office who do all they can to improve the quality of life in our county and I would be honored for the opportunity to continue to lead them," he said in a statement sent to Patch.

Find out what's happening in Napa Valleywith free, real-time updates from Patch.


Pharr, meanwhile, said he looks forward to running an issues-oriented campaign. If elected, he said, he will aggressively charge defendants who attack law enforcement officers.

 

“Recent decisions coming out of the DA’s Office have cost a life and placed us all at unnecessary risk,” said Pharr. “I believe there must be a change of leadership.”

Pharr cited the case of Don Buffington, stabbed to death in his Napa home, allegedly by a man previously convicted for attacking a police officer.

“The DA’s office gave him probation and hoped he would attend out-patient mental health treatment,” said Pharr. “Had that case been handled properly, he would have gone to state prison or the state hospital, and then deported upon completion of his sentence.

"Instead, he was allowed to roam free and allegedly eventually kill Don Buffington," he said. "The responsibility for that decision falls on the District Attorney.”


Pharr also said the DA should have prosecuted Luis Alejandre, who fought with police officer Thomas Keener following a foot pursuit and struggle in May 2012.

 “Allegedly after a foot chase over several fences, Alejandre turned and charged Officer Keener,” said Pharr. “During a prolonged struggle, Alejandre attempted to take Officer Keener’s gun.

"Alejandre managed to take Officer Keener’s flashlight and was about to strike Keener with it," Pharr said. "Keener feared that if he was subdued he would be killed by Alejandre.

"Keener reasonably protected himself by firing a single shot that stopped Alejandre’s attack," he said.

“The District Attorney concluded Officer’s Keener’s actions were both lawful and justified," he said. "The District Attorney also decided that while criminal charges against Alejandre were legally justified, he declined to file any.


“It is always tragic whenever an officer is forced to use his weapon," he said. "But Alejandre should have been prosecuted and held responsible for his criminal conduct,” said Pharr.

“The fact that he was injured as a result of his criminal conduct shouldn’t result in a free pass,” he added.

Pharr said as DA he would seek input and improved communication with the public, but would not allow public pressure to control charging decisions.

For example, he cited a case in which “public outcry” caused the DA to file a murder charge against a killer’s younger brother, Marquis Douglas, 23, when the law did not support the charge.

“A Federal judge overturned that young man’s murder conviction,” said Pharr. “This is an example of failure to use the power of the DA’s office properly.”

Another example, said Pharr, is forcing non-citizens charged with being unlicensed drivers to pay a $735 fine for each violation, while citizens facing the same charge pay only a $40 fee.


“That does not seem fair, and it hurts the families of hard-working, otherwise law-abiding members of our community, based on their national origins,” said Pharr.

Lieberstein, who was not immediately available on Tuesday for comment, told Patch in June he would continue the work of his office to protect crime victims and prosecute criminals.

He said the office would also have to address internal changes with the impending retirement of longtime public servant Assistant District Attorney Lee Philipson.

Lieberstein also said he would work to expand the mental health court and programs to "facilitate early detection and intervention of mental illnesses in our youth before they reach full maturity and our ability to treat the symptoms of their illness becomes much more challenging for them and us," he said.

"I have been given the great privilege for the past 28 years in this community, the last 15 as elected District Attorney, to do what I believe to be right, fair and ethical," Lieberstein said in June.

"Provided the voters of our community believe I have earned the right to continue in this work, I pledge my full energy and dedication to do so," he said.

     







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