David Berger (attorney)
Encyclopedia
David Berger is a Deputy District Attorney for the County of Los Angeles, California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

.

From 2002 to 2004, Berger was assigned to the Los Angeles County Sheriff's Department in Lancaster, California
Lancaster, California
Lancaster is a charter city in northern Los Angeles County, in the high desert, near the Kern County line. Lancaster currently ranks as the 30th largest city in California, and the 148th largest city in the United States. Lancaster is the principal city within the Antelope Valley...

 where he introduced and coordinated a controversial anti-crime program called "LAN-CAP," an acronym derived from the program's formal title; Lancaster Community Appreciation Project.

Aspects of LAN-CAP attracted national attention as wells as both praise and criticism. One of Berger's proposals banned parolees and probationers from a particular drug-infested neighborhood. The novel nature of this approach to crime prevention prompted CNN's American Morning to broadcast a debate between Berger and a representative from the ACLU in which Berger admitted being primarily concerned with protecting his city, and less concerned if criminals simply moved to other cities. Lou Dobbs interviewed liberal democrat and then-USC Law Professor, Erwin Chemerinsky
Erwin Chemerinsky
Erwin Chemerinsky is an American lawyer and law professor. He is a prominent scholar in United States constitutional law and federal civil procedure...

 on Berger's plan. Chemerinsky expressed concern that criminals might not be able go to their jobs or visit restaurants in the area under the proposed ordinance, however, that concern was answered by Berger stating that the area concerned contained no restaurants or other commercial enterprises, apart from the illegal sale of narcotics.

Despite the civil liberties concerns raised by opponents, LAN-CAP was passed by the Lancaster City Council and implemented. To date, no civil liberties complaints have been made.

In May 2004, with LAN-CAP firmly established, funding for Berger's position lapsed and he was transferred to the Major Fraud Division of the Office, however, the LAN-CAP project continued unabated thanks to local support. Lancaster Sheriff's Station continues to fulfill the goals of LAN-CAP with eight deputies and a sergeant permanently assigned to LAN-CAP.

In 2008, David Berger campaigned for the position of Los Angeles City Attorney as an independent for the 2009 Los Angeles City Elections
Los Angeles City Attorney election, 2009
The 2009 Los Angeles City Attorney election was held on March 3, 2009, to replace then Los Angeles City Attorney Rocky Delgadillo, who was term limited...

. Berger's principal opponent was Democrat Jack Weiss
Jack Weiss
Jack Stephen Weiss is an American politician. He is a former member of the Los Angeles City Council representing the 5th district from 2001 to 2009. He previously served as an Assistant United States Attorney for the Central District of California from 1994 to 2000...

, then-councilman for Los Angeles Council District 5 and widely seen as the candidate most likely to win in the March primary. Weiss became the target of frequent attacks from Berger for failing to appear at candidates debates, as well as failing to return illegally obtained campaign contributions, a problem that had been covered by NBC's EMMY-winning investigative report Laundered Elections. In the week before the election, Berger was a guest of Doug McIntyre
Doug McIntyre
Doug McIntyre is the host of "Talking the News" on 77 WABC New York City , the lead-in morning drive show before "Imus in the Morning." He also hosts the four-hour radio talk show "Doug McIntyre's Red Eye Radio", syndicated across the United States on Cumulus Media Networks, and is the page one...

 on KABC 790AM's morning talk show. During the interview Berger launched a blistering attack on Weiss, claiming that Weiss, who described himself as "the experienced prosecutor," had only conducted two jury trials in his brief career as an Assistant US Attorney. At Berger's urging, McIntyre played the Ray Charles
Ray Charles
Ray Charles Robinson , known by his shortened stage name Ray Charles, was an American musician. He was a pioneer in the genre of soul music during the 1950s by fusing rhythm and blues, gospel, and blues styles into his early recordings with Atlantic Records...

 hit "Hit the Road Jack" at the beginning of the interview.

Berger failed to attract more than 14% of the vote in the March primary election; however, Weiss also failed to capture sufficient votes to secure the election, and was forced to face a run-off election with second placed political novice, Carmen Trutanich. Berger immediately endorsed Trutanich and continued to campaign on his behalf. Weiss's negative campaign against Trutanich played perfectly into the hands of Berger, who seized on every opportunity to hit back. Perhaps the most damage to Weiss was caused by Weiss himself, who attended an illegal campaign fundraiser hosted by an appointed Los Angeles City commissioner in violation of Los Angeles Municipal Code 49.7.8.

Weiss did further damage to his campaign by attending another fundraiser days later, this time hosted by a person who had been convicted of felony crimes. When interviewed by FOX 11 News about his host, Weiss claimed not to know anything about the criminal background. FOX 11, however, had a statement from Weiss's campaign to the contrary. In the days before the May 19, 2009 election, Berger took full advantage of Weiss's poor choices and deception, culminating in a call for an investigation into Jack Weiss on the steps of City Hall.

Ultimately, Weiss lost the election to Carmen Trutanich by over 12.5%. Berger has since joined Trutanich's Transition Team to make recommendations into better enforcement of Los Angeles' Ethics laws.

Berger had not announced whether he will seek further elected office.
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