2 Prosecutors Outline Visions for Office

Question: Your critics say that you’re a bland bureaucrat with little prosecutorial experience. Are they right and do these managerial qualities fit into the role of an aggressive district attorney?

Totten: I don’t know which critics you’re talking about, because people who know me, the people whose respect and trust and support I’ve earned, view me as a proven leader. Somebody with extensive trial experience and a person who not only possesses the trial experience but also has served in a leadership capacity for many years. I’m the No. 2 person in the office and oversee a $47-million budget and 600 employees. But, beyond that, I’ve proven myself time and again in court.

Q: What percentage of the lawyers and employees overall are racial or ethnic minorities in your office? What steps would you take to make the district attorney’s office reflective of the entire community, including the 33% of residents who are Latino?

Totten: I don’t have the percentages at my fingertips. First of all, I am committed to making the office more diverse. I don’t believe that we are diverse enough. I want the office more diverse at all levels, not just support staff, not just the bureau of investigation, but the attorneys as well and, most importantly, management. I have a personal interest in this issue. My wife is Hispanic and therefore my daughter is a minority. And I will make us more diverse by reaching out to the community, by involving the community in the recruitment and hiring process and by reaching out to bar associations such as the Mexican American Bar Assn. I’ve already asked them if they will supply a representative of that group on our oral boards for attorney positions and we will reach out to the John M. Langston Bar Assn. that represents African American employers and ask them to be involved as well.

Q: The district attorney’s case against local Hell’s Angels and their associates is the most time-consuming and expensive in Ventura County history, taking years and perhaps costing millions of dollars. Is it worth the time and money?

Totten: Absolutely. These people were responsible for selling drugs to our children in public schools at various locations throughout this county. They have been a scourge on this community for decades and I think this case is going to wind up being one of the proudest moments of this office’s history. We do not believe in bargain basement justice in this county and we did the right thing going after them, along with the Sheriff’s Department and Ventura Police Department.

Q: People’s right to die at a time of their choosing has been upheld by law in Oregon, but is now being challenged by the Bush administration. Which position do you support?

Totten: I do not support the right to die. My position is based upon my faith. However, as district attorney, I am charged with the responsibility of enforcing the law. Whatever that law may be. Regardless of whether or not I personally agree. To date here in California, we do not permit right to die.

Q: Years ago California took a step toward decriminalizing the use of marijuana by making simple possession a misdemeanor offense. Is too little or too much time now spent on investigating and prosecuting marijuana violations?

Totten: Proposition 215 unfortunately was very inartfully and very poorly drafted. It didn’t give us clearly defined standards as to what amounts were appropriate for medicinal amounts and what amounts were not. I believe marijuana should continue to be a controlled substance. What needs to be done is change the law to set specific guidelines for law enforcement to use in administering it. Somebody who is possessing 25 or 30 kilos of marijuana has got far more than they need for medicinal use, and we need express guidelines that everyone can rely upon. Not just law enforcement, but the medical users themselves.

Q: You’ve worked for Dist. Atty. Mike Bradbury for a long time. What would you say are his greatest strengths and his biggest shortcomings?

Totten: I think that his greatest strengths are that he has consistently tried to administer an office that is committed to doing what is right as opposed to what is politically expedient. Having worked with Mike I have seen him repeatedly make decisions that are not in his political best interest, but are the right thing to do. In terms of his shortcomings, I think that Mike sometimes makes decisions too quickly. He has a less open style of management than I do and I think he’s been more involved in political activities outside the office than I would be.

Q: A variety of studies have found that racial profiling by police agencies is a problem. Do you believe it is practiced here and what would you do as a prosecutor if you saw a pattern of such profiling by local police?

Totten: As far as racial profiling is concerned, I know there have been some notable cases that have caused concern and I believe law enforcement is trying to address those issues in a very responsible way through training and education of officers. This is a great county with great police officers. No clear case has been presented to us. We actually did a study on our own where we did a random survey of cases to see if there was any evidence of racial profiling across the spectrum of law enforcement agencies and could find none. No case has been submitted to us of clear racial profiling.

Q: The state’s three strikes law has been successfully challenged in federal court in one theft case where judges found the punishment was too harsh for the crime. Much discretion is left to district attorneys in using this law. Would you use it in cases where minor theft or burglary constitutes the third felony strike?

Totten: I think every case has to be evaluated on its own merits. It is a law that is a tremendous tool for us. But it has to be a law that is administered fairly and appropriately. One of the things we do is look very carefully at the person’s background and the current crime. If the defendant has a background of serious and recent violence, we do not strike priors. Typically where the new charges are a minor offense, we do, under our existing procedures, strike the priors. But if we have somebody who presents a threat to the community we will not strike priors and I will continue that practice.

Q: The district attorney’s office has been criticized for failing to follow basic ethical standards in a case overseen by you where an unsophisticated crime witness thought she had been promised immunity for her testimony, but is now being prosecuted for murder. Does your office press so hard for convictions that fairness is lost?

Totten: Never. I was not directly involved in that case and had no significant decision-making role in that case. This is a case that, because of my opponent’s conduct, the attorney general has had to take over. If we don’t have character as an office, if we don’t have integrity, if we don’t constantly strive to do what is right, we are no better than the crooks we prosecute. There are serious allegations being made by defense counsel in this case against Mr. Bamieh and I think they will be an issue in this race.

Q: The district attorney’s office has repeatedly had problems working with local police agencies on cases. There also have been conflicts with some federal agencies. How can this problem be corrected?

Totten: First of all, I’ve always had great relations with law enforcement and I think that’s why again I’ve earned the trust, respect and support of every police chief and the sheriff in Ventura County. The nature of the relationship between a district attorney and a law enforcement agency is such that there will be times when there are conflicts. From time to time we have to review criminal allegations against police officers. We are charged with the responsibility of being an independent agency and reviewing police shootings. These are things that understandably create tension. As district attorney, I am always going to discharge my responsibilities in a fair and ethical way, even where that may not be something the law enforcement agency is happy about. At the same time, I am going to work very hard to have a good relationship with law enforcement, so that we serve the communities we represent effectively.

Q: Your race promises to be one of the most expensive in county history, with lots of out-of-county money coming in. Do you favor any kind of spending restrictions? If so, what?

Totten: I’m glad you asked this question because at a forum several months ago I proposed to Mr. Bamieh that we would set spending limits and he out-of-hand rejected that proposal. Again, I’ve worked very hard for 20 years serving this community and as a result of that I’ve earned the support I have. People trust and respect me. Those are things that money cannot buy. My opponent will probably outspend me by a factor of 5 to 1. He is trying to buy this office with his father’s money. I don’t believe justice is for sale in Ventura County. I aim to win this race. I will spend substantially less than he does. And I am very confident in the electorate here in Ventura County. They are smart. I am seeking this office because I want to serve first and foremost. I am not seeking this office as a stepping stone to higher office. I’m not trying to buy it. I am trying to serve my community. And I think money will be an issue, and I’m disappointed in my opponent not being willing to set spending limits.

(BEGIN TEXT OF INFOBOX / INFOGRAPHIC)

Greg Totten

Age: 47

Occupation: Chief assistant district attorney

Education: Bachelor’s degree in economics from San Francisco State University. Law degree from Pepperdine University.

Background: Totten joined the district attorney’s office after graduating from law school in 1982. After more than a decade prosecuting criminal cases, he spent three years as executive director of the California District Attorney’s Assn. in Sacramento. Totten has worked for the past five years as an administrator in the Ventura County district attorney’s office, first running the child support division and most recently serving as the chief aide to retiring Dist. Atty. Michael Bradbury. Totten lives in Ventura with his wife and their 12-year-old daughter.

Campaign: Totten leads in endorsements. He has won support from Bradbury, Sheriff Bob Brooks, three county supervisors, several police unions and every mayor and police chief in the county.