Woke LA judge with links to DA George Gascon declares MISTRIAL for robbery suspect because defendant didn't get a proper night's SLEEP in jail

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A California judge, who hails from a powerful Democrat family who endorsed LA DA George Gascon, granted a mistrial for a man facing life in prison because he was sleepy.

The alleged criminal apparently did not get a good night’s rest before the trial after spending the night in a cell without a bed or blanket. 

Vamazae Elgin Banks, 24, appeared in court after threatening a McDonald's worker with a gun before stealing less than $100. 

Court records accused Banks of telling the cashier at the fast food joint that he would kill her if she didn't produce the cash quickly enough, allegedly telling her 'hurry up or I'll blow your brains out!'

Los Angeles Superior Court Judge Daniel Lowenthal made the mistrial ruling after he decided the alleged robber couldn’t take proper notes due to his lack of proper sleep. Trials like these typically cost the judicial system between $600-$1,300. 

Alan Nakasone, Banks' lawyer, argued before Lowenthal that his client could not take notes properly due to inadequate housing the night before, where he says he had a cell with no blanket and no bed. 

Despite Banks having two prior violent robbery convictions, Lowenthal was quick to grant a mistrial and even deferred to answer when asked if he had seen Banks fall asleep.

Judge Daniel J. Lowenthal declared a mistrial when a man accused of violently robbing a McDonald's apparently did not sleep well the night before the trial

Vamazae Banks, 24, pointed a gun at the head of a McDonald's cashier and threatened to kill her if she did not hand over money quickly enough

Lowenthal hails from a highly political Democrat family. His mother Bonnie, pictured here, supported Lowenthal's brother Josh's run for State Assembly

'Did Your Honor see him fall asleep?' asked Deputy District Attorney Tricia Halstead, but Lowenthal redirected the question to Nakasone, who replied 'my client was nodding.'

Lowenthal proceeded to rip the Los Angeles County Sheriffs office, and said 'essentially this Court has lost complete confidence in the Sheriff Department’s ability to provide proper housing arrangements. A mistrial is declared.'

Some legal experts called the mistrial unprecedented, including Anthony Falangetti, who worked as a Los Angeles County prosecutor for 14 years.

'In my 27 years of experience I have not seen a mistrial declared because a defendant who was in trial was deprived of the ability to sleep,' he told Fox News. 

Falangetti said this was a case of Lowenthal expressing his frustration with the Sheriff's Department.

The court system in Los Angeles struggles to accommodate prisoners, with only half of it's prisoner bus fleet operational and oftentimes unable to deliver prisoners to court on time. 

Banks' issues began when he was awoken at 3 a.m. on Monday, August 29 to be transported to Long Beach courthouse which is 2.5 hours away from the facility. 

While Banks held it together the first day, his defense lawyer said the quality of Banks' notes declined rapidly after failing to get a bed or blanket before the second day, despite being held closer to the court.

On the second day, the lawyer asked the court for a break due to his client's fatigue, and the Long Beach Police Department offered to house him at their jail across the street.

But the sheriff's department returned him to the same facility and did not provide him with a bed or blanket again until 3:30 a.m., and did not get him to court until 11 a.m. on Wednesday, several hours late. 

When he arrived to court that day, the defense attorney immediately moved for a mistrial, saying 'I did not feel he was awake enough to contribute at all to the trial.'

Nakasone pointed to the quality of Banks' notes as an indicator for his mental state, calling the first notes he took 'clear, concise and helpful,' but said they declined in coherence after 1:30 p.m. 

Deputy District Attorney Tricia Halstead called the decision to declare a mistrial extreme and said there were other ways of remedying the issues that Banks' lack of sleep caused. 

She also said Judge Lowenthal should have waited to see if Banks' behavior in the holding facility contributed to him not receiving bedding.  

'I don’t believe there has been prejudice that can’t be cured in this case,' she said about the mistrial. 

Banks made off with less than $100 after he robbed the McDonalds on E. 4th street in Long Beach, California

Judge Lowenthal is seen here with his Democratic representative father Alan Lowenthal (D-CA) on Capitol Hill, Washington DC

Banks was given the mistrial after his notetaking ability declined, which prompted his lawyer to request a new proceeding when his client is better rested

Lowenthal's leniency is no surprise considering his father is Democratic congressman Alan Lowenthal (D-CA) who served as a city councilman and California state senator before endorsing LA DA Gascon. 

Last month, the notoriously soft-on-crime Gascon narrowly avoided a recall when a petition to oust him from office received 520,000 signatures but needed 567,000.

But it's not just Lowenthal's father that supports Gascon and LA's Democratic contingent - his brother, Josh, is running for a State Assembly seat and says he was raised 'in a family dedicated to public service.'

His mother, Bonnie, served as a member of the California State Assembly from 2008 to 2012.

Both of Daniel's parents have endorsed Long Beach Police Chief Robert Luna in his bid to replace Los Angeles County Sheriff Alex Villanueva.

District Attorney Halstead said the mistrial would force victims to relive the trauma of the incident in question when a new trial is announced. 

'It’s just incredibly unfair of the court to punish the people and specifically the victims in this case, based on a lack of sleep, when we do not have more information,' she said.

Banks is being held on $1.18 million bond and is due in court again for another trial on September 13.