George Kennedy, a tough prosecutor, is top DA candidate

Published May 5, 1998

GEORGE Kennedy is not soft on crime, no matter what Mel Anderson says.

Kennedy, Santa Clara County's district attorney for nearly eight years, is a tough prosecutor, an experienced manager, an innovative crime fighter. Anderson, a deputy DA in the career criminals division with no management experience, is challenging his boss in the June 2 election.

Kennedy, who ran unopposed four years ago, is a formidable opponent. Before he became DA, he was a star prosecutor, winning several high-profile murder cases and successfully prosecuting complex fraud cases. Since taking over, he has run an office with a $60 million budget efficiently. He has been instrumental in bringing a variety of innovations to the county's criminal justice system, from drug courts to truancy mediation. His high-tech crime unit is widely acclaimed. He's tough on gangs and sex offenders, and sensitive to the concerns of crime victims. He has the support of the county's police chiefs and local police groups. He has improved child-support collections, though there is still a long way to go.

Anderson, who has been with the DA's office for 10 years, has identified an issue on which he thinks Kennedy is vulnerable: the DA's policy on prosecuting three-strikes cases. Anderson says Kennedy reduces the charges against too many potential three-strikers, allowing them to avoid life sentences under the state's three-strikes law. If elected, he says he will change the policy so that more criminals will be sent to prison for life, and the streets of Santa Clara County will be safer.

We're not convinced.

Kennedy's approach to three-strikes cases is fair and effective. Each case that is a potential third strike is reviewed by a team of senior assistant DAs. If the team decides the case warrants a 25-to-life sentence, it is prosecuted that way. If it's a petty theft or drug possession case, about half the time the DAs decide to reduce it, but not if the defendant is prone to violence. Kennedy once prosecuted a bike thief as a three-striker because the guy had used a knife in previous robberies. This DA is no softie.

There is no question who is the better candidate in this race. Kennedy has the experience and skill needed for the job.

Reprinted with permission of the San Jose Mercury News