A veteran prosecutor has tentatively settled his lawsuit against Los Angeles County alleging he was demoted for bucking former District Attorney George Gascón’s controversial sentencing directives.
Deputy District Attorney Michael K. Matoba alleged in the suit he was transferred in October 2021 from a high-profile post in the Sex Crimes Unit to a less prestigious job in the Elder Abuse Unit because he informed the court that Gascón’s blanket policy to exclude special circumstance allegations was unlawful.
“Plaintiff was transferred to elder abuse, a position that requires travel all over the county, is not coveted and is highly unlikely to result in an advancement or promotion,” stated the 2022 suit filed in Los Angeles Superior Court. “Plaintiff alleges that most, if not all, of his eligible peers that he served with in line operations in the Sex Crimes Unit have been promoted.”
Beth D. Corriea, an attorney representing Matoba, filed a settlement notice with the court Tuesday indicating that a request to dismiss the suit will be submitted no later than Sept 1. Terms of the proposed settlement were not disclosed.
The Los Angeles County District Attorney’s Office declined to comment, saying it does not discuss litigation or personnel matters. The county Board of Supervisors, which would be responsible for approving the settlement, did not immediately respond to a request for comment.
Gascón lost his bid for reelection to a second term in November to former federal prosecutor Nathan Hochman.
Matoba is among at least 24 prosecutors who have filed lawsuits against Gascón alleging they too faced retaliation for challenging his policies.
Matoba alleges the retaliation stems from his involvement in prosecuting sexually violent predator Kenneth Kasten Rasmuson for the murders of two 6-year-old boys, Jeffrey Vargo of Anaheim Hills and Miguel Antero of Agoura Hills.
Jeffrey was abducted on July 2, 1981, while bike riding near his Anaheim Hills home. His partially clothed remains were found the next day about 25 miles away at a construction site in Pomona’s Phillips Ranch neighborhood. Coroner’s officials said he had been strangled. It wasn’t until 2015 that DNA would lead to Rasmuson’s arrest.
Rasmuson abducted Miguel on April 8, 1986, after he stepped off a school bus. The boy was stabbed multiple times and his body was discovered the same day in a wash in an Agoura Hills canyon.
Although Rasmuson was charged with special circumstances enhancements making him eligible for the death penalty under previous L.A. County District Attorney Jackie Lacey, Gascón moved to dismiss those allegations as part of a mandate prohibiting prosecutors from seeking capital punishment or life in prison without the possibility of parole.
According to the lawsuit, the policy was later changed, but not until Matoba complained about its illegality.
Matoba, in accordance with Gascón’s policy, filed a motion seeking permission from the court to drop sentencing enhancements for Rasmuson. He also stated in the motion that dismissal of the special circumstance allegations “was not in the interest of justice” and that it was unlawful.
Both Gascón and his then-chief of staff, Joseph Iniguez, were aware Matoba authored and filed the motion, the lawsuit says.
Meanwhile, Orange County District Attorney Todd Spitzer, after reading a Southern California News Group report, filed a motion to wrestle away from Gascon the Rasmuson prosecution in Jeffrey’s slaying.
During a hearing to consider transferring the case, Iniguez told the court that he wished Spitzer had contacted him, and then falsely claimed a plea deal for Rasmuson had been in the works for weeks, the lawsuit states.
Matoba challenged that claim.
“Plaintiff disclosed to the court that the parties had only learned about a possible plea deal 15 minutes before the hearing, contradicting Iniguez’s false narrative to the court,” the suit states. “Attorneys are mandated by law and their ethical obligations to be truthful with the court.”
Rasmuson ultimately pleaded no contest to two counts of murder with the special circumstance of multiple slayings and was sentenced to life in prison without the possibility of parole.
Matoba was seeking damages for lost wages and pension benefits, according to the suit.
At least two prosecutors who have sued Gascón have received hefty settlements.
Richard Doyle, a former head deputy district attorney who has since retired, received an $800,000 settlement in 2021. He alleged Gascón retaliated against him for refusing to drop charges against three anti-police protesters accused of attempting to wreck a train in November 2020 in Compton.
Another repudiation of Gascón’s policies came in March 2023, when a jury awarded Head Deputy District Attorney Shawn Randolph $1.5 million in damages for her suit alleging a retaliatory transfer from a prestigious position to a “dead-end” job after complaining about juvenile sentencing policies.