A judge in San Francisco on Monday ruled that the San Francisco district attorney’s office doesn’t have to recuse itself from a case involving Mayor London Breed’s brother.
Breed’s brother, Napoleon Brown, has served more than half of a 44-year sentence for a 2000 conviction for involuntary manslaughter, armed robbery and carjacking. Brown is seeking to reduce his sentence.
His attorney, Marc Zilversmit, had sought to remove District Attorney Brooke Jenkins from the case, saying it otherwise would be clouded by politics, the San Francisco Chronicle reported.
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Breed appointed Jenkins to be district attorney before Jenkins was elected to the position in November.
Zilversmit had asked for the state attorney general’s office to take over the case, but San Francisco Superior Court Judge Brendan Conroy denied that request.
In 2000, Brown and another man robbed a diner in San Francisco and fled over the Golden Gate Bridge. His then-girlfriend, who was driving the getaway car, was either pushed or fell from the vehicle and was fatally struck by a drunken driver.
Zilversmit has argued for a reduced prison term based on a new state law. The district attorney’s office has opposed him being resentenced.
Zilversmit told the newspaper that his office was considering its options.
A spokesperson for the district attorney’s office said that a strict firewall “was put in place previously to wall off District Attorney Brooke Jenkins from this case will remain in place.”
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“There will continue to be no communication with her at all about the proceedings. Additionally, she will not have access to the physical file and electronic files,” the spokesperson said.
Brown will appear in court on Feb. 14 for the next step in the consideration of his sentence.