(KRON) — San Francisco Mayor London Breed’s brother, Napoleon Brown, was back in court requesting a resentencing this week. His case has been delayed until August of this year.

Brown is currently serving a 44-year sentence for his role in a robbery, carjacking, and the death of a woman back in 2000. Now that Chesa Boudin has been recalled, whoever Mayor Breed appoints to the District Attorney’s Office may handle the case. KRON4 spoke with Brown’s attorney Marc Zilversmit about what this could mean for his client.

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In June of 2000 Napoleon Brown and another man participated in a robbery at a local Johnny Rockets restaurant in San Francisco on Chestnut street, according to the California Court of Appeals People versus Brown case. The men reportedly exited the restaurant and got into a car around the corner. An officer in an unmarked vehicle pursued the men, but did not turn on his lights, according to case records.

The vehicle that Brown climbed into proceeded to head toward the Golden Gate Bridge before pulling into the buffer lane. A young woman, Lenties White, appeared to fall or be thrown from the vehicle–reports differ–and shortly after she was struck by a drunk driver. White later died of her injuries.

How did London Breed get involved in the case?

London Breed provided an alibi to police supporting her brother’s innocence, stating that she arrived at her grandmother’s house around midnight on June 18, and he was asleep on the couch. Breed told police at a later time that she would bring Brown in to speak with police about the incident, but she confirmed instead that she took him “to get an attorney,” according to case files.

In spite of the efforts of his legal defense team, Brown was convicted by a jury of, “four counts of robbery, carjacking and, based on a bizarre series of events during flight, murder,” per the case record. Brown went on to move for a new trial in 2005, the motion was denied in January of 2006, but then granted for the murder conviction alone in February 2006, per court records.

In 2021 Mayor Breed was fined $2,500 by the San Francisco Ethics Commission after she signed her name to a family letter sent to then Gov. Jerry Brown in 2018 requesting that her brother’s sentence be commuted.

What happens next?

According to Brown’s attorney Zilversmit, the focus of the upcoming hearing is “for 40 years we’ve had these ‘tough on crime, lock em up’ policies… and it’s not sustainable. The US Supreme court ordered California to reduce its prison population, and so the legislature reviewed arcane laws.”

The 2011 decision passed down from the Supreme Court encouraged the California Legislature to start amending laws, and it redefined how murder charges can be applied in cases like this. Speaking to KRON4, Zilversmit said that Brown, “doesn’t meet the definition of murder under the amended statutory definition of murder,” and that he’s “hoping he’s going to get a lower sentence at the end of the process.”

Since Brown’s resentencing has faced delays and has been moved to August, the district attorney that Mayor Breed chooses to appoint to the position may be responsible for deciding the case which could be a conflict of interest. The San Francisco DA’s released a statement to KRON4 concerning the case:

The office has been opposing Mr. Brown’s resentencing since 2019. When DA Boudin is out of the office, the new DA will be appointed by Mayor Breed, who is the sister of Mr. Brown. That would create a conflict of interest for the new DA … The DA’s Office has recused itself whenever it has a conflict of interest.

San Francisco District Attorney’s Office

According to the San Francisco DA, if the DA’s office chooses to recuse itself from the case the decision would then be handed over to the Attorney General. KRON4 reached out to Mayor Breed’s office for a comment, but has not heard back.