Wednesday, December 2, 2015
street news, views and stories of justice and injustice
Follow me on Twitter

Search WitnessLA:

Recent Posts




Paul Tanaka

Paul Tanaka’s Attorneys Ask Feds to Give Former Sheriff Lee Baca Immunity to Testify….& Execs Charged with Skimming $$ From Group Home for LA Foster Kids

August 17th, 2015 by Celeste Fremon

As the ongoing drama of the obstruction of Justice indictments against former members of the Los Angeles Sheriff’s Department continues,
the newest moment-of-interest is provided by the attorneys for former undersheriff Paul Tanaka, whose trial will commence this coming November.

Where we last left off was last week, when Tanaka’s co-indictee, former LASD Captain William “Tom” Carey took a plea deal—meaning, among other things, Mr. Carey will be a witness for the prosecution at Tanaka’s trial.

Clearly the former undersheriff could use a new witness of his own.

Voila! On Friday, Tanaka’s attorney, Dean Seward, filed a motion asking the judge to step in because the federal prosecutors have declined to grant former Sheriff Lee Baca immunity so that he may testify at Tanaka’s trial without taking the fifth, which Baca’s attorneys have consistently said to anyone who asks is exactly what their client will do, absent immunity.

This is the same answer Baca and company has given to other attorneys of other federal defendants who wanted the former sheriff to testify at their trials.

When prosecutors Brandon Fox and Lizabeth Rhodes have been asked if they will make the immunity deal, they’ve evidently answered with the rough legal equivalent of “Are you freaking kidding us?! No! Of course, not!”

So Seward has turned to a higher power—namely Judge Percy Anderson—in the hope he will intervene. Anderson, who seemed to be irritated with Tanaka’s antics on the stand as a witness in the previous obstruction trials, is not likely to catch this pre-trial Hail Mary pass now that Tanaka is a defendent.

Nevertheless the argument in the text of the motion, which will be heard at the end of this month, is fascinating. Here’s a clip:

…Moreover, the prior prosecution of LASD deputy sheriffs by these same prosecutors in this same courtroom would never had occurred but for the actions of then Sheriff Leroy Baca.

But the Court and jury will never hear from Mr. Baca unless this Court intervenes. That is not because his testimony is not relevant. That is not because his testimony is not exculpatory. That is only because the government refuses to bestow the same inoculation against criminal prosecution that it has used with such vengeance to enable it to charge Mr. Tanaka.

As a result of the government’s inaction and refusal to immunize an exculpatory witness, Mr. Tanaka will be prevented from presenting a valid and relevant defense unless this Court intervenes. In order to enable the defendant to present the complete events and not rely on the incomplete version from the prosecution, this Court should grant this motion and order the government to give Leroy Baca use immunity for any testimony he may provide at trial.

The government cannot, at this late hour, argue that it has not had the opportunity to investigate the matter and determine who should be prosecuted. Logically, there’s only one person for whom prosecution is still possible: Leroy Baca. The events in this case occurred nearly 4 years ago. Multiple grand juries have been convened. The government and F.B.I. have interviewed hundreds of witnesses. Hundreds of thousands of pages of documents, exhibits, and recordings have been generated. To say the government does not have enough before it to choose whether to prosecute Mr. Baca makes no sense. The motion herein is not meant to force the government’s hand. But it is meant to force them to let Mr. Baca have his day in Court: either as a witness in Mr. Tanaka’s trial or as a co- defendant in this prosecution.

The government, by refusing to charge Mr. Baca or grant him immunity to testify in Mr. Tanaka’s trial, is exercising its immunity power not for legitimate prosecutorial purposes but to deny Mr. Tanaka a level playing field of evidence.

In other words: either indict Lee Baca or give him to us as a witness!

There is, of course, lots more after that.

The motion will be heard on September 28. So stay tuned.


Just about a year ago, LA District attorney Jackie Lacey announced that a husband and wife team was being charged with embezzling more than $460,000 in taxpayer money from a nonprofit agency hired by Los Angeles County’s Department of Children and Family services to help some of the harder to place abused and neglected foster children.

The LA Times Garrett Therolf reported extensively on the story last year and has been on top of the issue since.

Now Therolf reports that a whole different set of executives for a different group home that cares for abused and neglected LA Youth have been charged by the DA with skimming and generally misusing money from the taxpayer funded enterprise the are supposed to be overseeing.


Here’s a clip:

As in the district attorney’s recent case against leaders of the Little People’s World group home, the alleged wrongdoing at Moore’s Cottage may have festered for years as county officials ignored signs of financial mismanagement, records show.

“It’s my fault that we didn’t know more about it,” said Philip Browning, director of the Department of Children and Family Services.

The activities alleged in the lawsuit occurred before 2013, and Browning said they might have been prevented by an improved monitoring system the department put in place about a year ago.

Prosecutors filed the criminal charges against Batchelor and Smith in April with no public announcement. The district attorney’s office declined to comment.

The two men, who pleaded not guilty and are free on bail, declined to respond to requests for comment.

They are accused of embezzling more than $100,000 from the charity and damaging or destroying property in excess of $65,000. The lawsuit also accuses them of filing false personal tax returns in 2011, 2012 and 2013 — the same period in which they failed to file tax forms for Moore’s Cottage. In total, Moore’s Cottage owed $460,000 in delinquent federal payroll taxes as of September 2013.

A court petition for a search warrant filed this year by the district attorney’s office says that “Batchelor had no intention of paying payroll taxes with the money he withdrew. His sole purpose was to split the withdrawn money with Smith for personal gain.”

Posted in LASD, Paul Tanaka, Sheriff Lee Baca, U.S. Attorney | 33 Comments »

Project Fatherhood on Fresh Air, Paul Tanaka’s Defense Move, Bails Lowered in SF, Mass Incarceration’s Slow Death

June 26th, 2015 by Taylor Walker


Filling in for NPR’s Fresh Air host Terry Gross, Dave Davies speaks with Jorja Leap and Mike Cummings about Project Fatherhood, the program through which men from the Jordan Downs housing project (and beyond), meet every week to teach each other, and younger men in the community, how to be fathers.

“Big Mike,” as he is known, tells the story of his journey from getting straight A’s in a private school and getting letters from universities to play football, to drug-dealing and incarceration, and finally to activism and Project Fatherhood.

Leap’s book, Project Fatherhood: A Story of Courage and Healing in One of America’s Toughest Communities (which we wrote about here), came out earlier this month, and she talks about how the program originally got fathers to attend the meetings, about disciplining children and child abuse, and some of the challenges these dads face as they try to improve their lives and their children’s lives.

Here are some highlights from Fresh Air‘s write-up of the interview:

DAVIES: So let’s talk about how this worked. There was an incentive to get people to come to these fatherhood sessions regularly. Who wants to explain how that developed?

CUMMINGS: Well, the incentive is for the fathers to come – actually, it’s a $25 gift card. But the incentive is given to the fathers for them to actually take their son out to either McDonald’s, Burger King or Subway or even to the ice cream parlor so the father would have some change in his pocket to be able to go out and spend the day, you know, at the ice cream parlor or get a hamburger or something and spend time with the kids. So that’s what the incentive was actually meant to be when we first started.

DAVIES: And if I read this right, you had to attend four sessions to get the card, the $25 gift card, right?


DAVIES: So you wanted some consistency to it.

CUMMINGS: We wanted some consistency to it. They had to attend four of the Project Fatherhoods there to actually receive the card. What we wanted to do is to make sure that they could be consistent, to come if they wanted to use that change there to go out and be able to entertain their kid. It’s not much, but it’s something that they can do to be one-on-one with the kid.

LEAP: And I would add that initially those gift cards were the focus of a lot of interest and attention. But as the group became more and more important, the gift cards almost became incidental. They were part of the program but they – the focus of the men truly shifted.

DAVIES: Now, as you describe it in the book, you addressed some pretty sensitive topics about these men’s lives. One of them, for example, is when and whether it is acceptable to hit their kids. Jorja, you want to tell us some of what you heard from the men.

LEAP: Mike and I are looking at each other and nodding our heads and smiling because that was one of the sessions where I just got hung out to dry. And it was quite a discussion because all of the men began by saying, you know, my mama whooped me and I turned out OK. And there was sort of a moment where I said really because most of them had been incarcerated. Most of them had been involved in criminal activity at some time. And then there was this tremendous breakthrough when one of the men in the group talked about witnessing another child being beaten. And the child was beaten so brutally that he eventually died. And you literally could hear the sound of change happening in the room. And I don’t want to make it sound like it occurred literally overnight because we did a lot of arguing about this issue, but the men slowly changed. And one of them who was the most dug in about it, named Donald James, later came back and talked about not hitting his nephew who he took care of who he really did want to hit.

DAVIES: And, Jorja Leap, you know, you had this background in social science and this point of view about what’s healthy behavior based on research and data. And I’m interested in how you brought that to bear in the conversation. I mean, you know, you can sort of sense – one, you could imagine that here you are, this person with a lot of degrees, telling people in the neighborhood what’s right and they’re coming at you from their own experience.

LEAP: Well, and add on to that that I am mandated to report any instance of child abuse that I hear about; I’m a mandated reporter. So the men in the room also knew that legally I could get them into a lot of trouble, and they were very skittish about talking openly about this. What got to them was not saying it’s bad to hit your children. What got to them was when I talked to them about the statistics that overwhelmingly over 90 percent of the people on death row in the United States of America were victims of child abuse. And these are men that do not want their children to go to prison. They do not want their children to be part of the, you know, the cradle to prison pipeline. And when I said this kind of abuse teaches violence and it’s part of that cradle-to-prison pipeline, because of their love and concern for their children and their children’s futures, that’s how they began to hear the message. It’s not the message of discipline. You know, hitting your child is bad. The message was this is where it might lead.

Be sure to listen to the rest.


Former LA County Undersheriff Paul Tanaka, indicted on obstruction of justice and other charges, has filed a motion saying he will use a “public authority defense.” Tanaka will assert that he was just following then-Sheriff Lee Baca’s orders to hide an FBI informant inmate from the feds.

Prosecutors have dismissed Tanaka’s move and asked the judge to block the public authority defense, arguing that no law enforcement agent or organization (aside from the feds) can authorize violations of federal law.

LASD-watchers wonder if this move is simply pro forma on the part of Tanaka and his attorneys, or if they believe it might be a workable defense, and if so, whether it will point a legal spotlight on Baca.

KPCC’s Frank Stoltze has more on the issue. Here’s a clip:

“The defendant acted on behalf of order(s) issued by Sheriff Leroy Baca, who was Mr. Tanaka’s ranking superior officer,” the motion states. “Tanaka will assert the defense of actual or believed exercise of public authority.”


Federal prosecutors are asking the judge to prohibit Tanaka from using a public authority defense.

The argument “fails as a matter of law because no agent of the Los Angeles Sheriff’s Department, not even then-Sheriff Leroy Baca, may authorize an individual to commit a federal crime,” states a motion signed by Stephanie Yonekura, who is the acting United States Attorney in Los Angeles.

“Only a federal agent may authorize a violation of federal law,” the motion states.


On Wednesday, San Francisco Superior Court judges lowered the county’s bail amounts after finding them to be significantly higher than those in surrounding counties, including Los Angeles.

SF Public Defender Jeff Adachi, who supports the judges’ decision, says it doesn’t make sense to have bails two or three times larger than in other counties.

Critics, however, say lowering bails will mean more pedophiles and violent offenders will be able to post bail, which will lead to higher crime rates. Further, critics, argue that there is no need to change the bail schedule if judges have discretion over bail amounts anyway. For example, judges also have the ability to declare a high-risk rapist a “no-bail” candidate.

As the judges reexamine the bail schedule every year, they will look closely at how (and whether) the crime rates change over the next year.

In WLA’s most recent bail-related post, we pointed to an excellent John Oliver segment on the horrors of the bail system, which disproportionately affects the poor.

The SF Chronicle’s CW Nevius has more on the complex issue. Here’s a clip:

Kevin Ryan, who was the Superior Court’s presiding judge in 1999, says the higher bails were a result of a controversy in the late ’90s, when San Francisco had the lowest bail amounts in the Bay Area. At the time it was suggested that drug dealers, for example, were more likely to sell in San Francisco because it was easier to make bail.


“It was apparent that the bail schedule here was substantially lower,” Ryan said. “We were experiencing a lot of commuter crime. Say bail (for some felonies) was $15,000 in Alameda and $5,000 here. It was apparent to the judges and law enforcement that we were, in a sense, encouraging people to come to San Francisco and commit crimes.”

With that in mind, and after some contentious city hearings, bail amounts were raised. (It should be noted, however, that higher bails haven’t stopped “commuter crime.” Drug dealers still come to the city from other counties.)

Now there is an effort to bring at least some bail amounts into compliance with nearby counties. Public Defender Jeff Adachi is actively supporting the changes.

“We’ve been complaining for years that the bails are sky-high in San Francisco compared to other counties,” Adachi said. “It’s one reason why the bail laws need to be reformed. It makes no sense that in San Francisco we’ve got bails that are double and triple bails in other counties.”


Rolling Stone’s Tim Dickinson takes a look at reasons why, despite considerable bipartisan efforts, there doesn’t seem to be a whole lot of mass incarceration reduction happening on the national (and even state) level. Here’s how it opens:

In this era of hyperpartisanship, the liberal-libertarian convergence on criminal-justice reform is, frankly, astonishing. Everyone from the Koch brothers to George Soros, from Tea Party Texan Sen. Ted Cruz to Democrat Hillary Clinton are singing from the same hymnal: “Today, far too many young men — and in particular African-American young men . . . find themselves subject to sentences of many decades for relatively minor, nonviolent drug infractions,” Cruz told reporters in February, before implausibly invoking French literature. “We should not live in a world of Les Misérables, where a young man finds his entire future taken away by excessive mandatory minimums.” In one of her first major policy speeches of the 2016 campaign, Clinton decried “inequities” in our system that undermine American ideals of justice and declared, “It is time to end the era of mass incarceration.”

But as unusual as the setup is, the punchline, in Washington, remains the same. Outside of limited executive actions by the Obama administration, durable reform is stymied. Entrenched interests from prosecutors to private prisons remain a roadblock to change. Meaningful bills are tied up by law-and-order ideologues like Senate Judiciary Chairman Chuck Grassley, the 81-year-old who brands his adversaries as belonging to “the leniency industrial complex.”

Progress in the states, meanwhile, is modest at best. “Nobody’s trying to hit home runs,” admits Grover Norquist, the GOP’s anti-tax czar and a leading conservative advocate for reform. “This is all about singles and not yet any doubles.”

Posted in families, Gangs, LASD, Paul Tanaka, Public Defender, Sheriff Lee Baca, War on Drugs | 6 Comments »

Solitary and Life on the Outside, Reauthorizing the JJDPA, Trial Date Set for Tanaka/Carey Case, More Reactions to LA Police Commission’s Ezell Ford Decision, and Tamir Rice

June 12th, 2015 by Taylor Walker


A new collaborative investigation released Thursday between the Marshal Project and NPR gathered and analyzed data from every state on inmates released from solitary confinement directly onto the streets.

Last year, 24 states dumped over 10,000 solitary confinement prisoners, who often need the most reentry assistant, right back into their communities. The other 26 states, along with the feds, either did not track or could not provide data on such releases.

The investigation has particular significance in the wake of Kalief Browder’s suicide. Browder spent three years on Rikers Island, the majority of which he spent in solitary confinement, without a trial. Browder came out of Rikers and isolation and struggled for three years with mental illness and the aftereffects of prolonged solitary confinement. Browder tried to kill himself several times before succeeding last Saturday.

These inmates who often need the most help, pre-release and post-release, get the least amount of help. For instance, inmates that remain in isolation until they are released, generally do not get to participate in re-entry classes. And in some states, including Texas, these inmates are often released without supervision. Due, in part to the mental deterioration that happens during prolonged isolation, and without much-needed help, inmates released directly from solitary often find themselves jobless, homeless, in mental hospitals, or back in prison.

The Marshall Project follows the story of Mark, young man with schizoaffective disorder and developmental disabilities who spent the majority of his teenage years in isolation, and lasted just four months on the outside, before he was locked up again. Here’s a clip:

In Mark’s home state of Texas, 1,174 prisoners were freed straight out of administrative segregation — prison jargon for solitary units housing suspected gang members or others deemed a threat to prison security — in fiscal year 2014. More than 60 percent of them emerged without any supervision, compared to only 14 percent of other prisoners released that year.

Prisoners who go straight to the street pose a danger to public safety. Analysts for the Texas Legislative Budget Board found that more than 60 percent of state prisoners released from solitary were rearrested within three years, compared with 49 percent of overall prison releases. Similar studies in Washington and California found people coming out of segregation cells had recidivism rates as much as 35 percent higher than those leaving the general population.


Dealing with the other kids at one of the juvenile facilities, Crockett State School, seemed to overwhelm him. He often retreated to his cell to pace, talk to himself, and cut his arms. His behavior was not new. In the year before his sentencing, Mark made nine trips to state mental hospitals in Austin and San Antonio for cutting and other psychotic episodes. Mark also picked up a new conviction for assaulting a guard, for which he was given three years to be served concurrently. After evaluating him three months before his 18th birthday, psychologists at Crockett concluded: “It is recommended that he be provided therapy….[and] would benefit from a program to learn independent/daily life skills.”

Instead, Mark was soon moved to a maximum-security adult prison, the Telford Unit in New Boston, Texas. And within six months, he landed in a segregation cell for allegedly threatening to escape.

Mark had told his mother that he was nervous around the older prisoners, particularly his cellmate. He had stopped taking his Seroquil and Abilify for schizophrenia, because he said they made him groggy and unable to stay alert and on guard. The other prisoners referred to him as “Crazy Boy.”

Mark was initially relieved when he was moved to solitary, thinking he would be safer. But as his mother observed, solitary was no place for people who “live in their mind.” Mark’s learning disabilities made it difficult for him to fill the time reading books or writing letters. So he paced his cell and listened to the radio. Without any other distractions, his anger and depression worsened. “You have nobody to talk to but yourself,” Mark said. “All I remember doing was just thinking about the people who hurt me.”

During their monthly, no-contact visits, Garcia saw Mark’s behavior change. He began swearing at her, flipping her off, and telling her not to come. “He wasn’t like that when he went in,” she said. She tried to pacify him by recalling happier times — their yearly trips to Disney World, the birthday parties she threw for him. But Mark could not remember any of it.

NPR focuses on Brian Nelson, a man who had similar experiences to Mark, but has managed—sometimes just barely—to rebuild his life on the outside. Nelson is now a paralegal and prisoner’s advocate at the Uptown People’s Law Center in Chicago. Here’s a clip:

When Nelson’s mother picked him up at the distant supermax prison in Tamms, Ill., he told her how he was given a television during his last year of solitary and kept seeing ads for a fast-food ice cream…

On the drive home, they stopped for a Blizzard at a Dairy Queen.

“And I’m standing there and a guy walked behind me. And I was not used to people being that close to me. And I started cussing. I turned around, I’m ready to fight because I thought I don’t know if he’s going to attack me,” Nelson recalls. “I have prison mentality in my mind. And then I looked up and saw my mom crying, like ‘Oh my God, what have they done to him?’ You know, because I couldn’t handle being around people.”

That was five years ago. It’s still hard for Nelson, 50, to be around people.


The Department of Justice estimates that about 80,000 prisoners in the U.S. are in solitary confinement. The system drastically expanded in the past 30 years as the U.S. prison population grew. Corrections officials built supermax prisons and added other new programs to isolate the inmates who were considered the most dangerous.

“The United States is unique and this is a relatively new experiment,” says Alan Mills, who is Nelson’s boss at the Uptown People’s Law Center. “And now we’re dealing with people who have spent a decade in solitary and are getting out. Mental health professionals don’t know how to deal with it. And don’t have treatment for it yet. It’s a brand new world and unfortunately it’s one that we as a society have created for ourselves.”

Mills says, at the least, prisons need to take inmates out of solitary months before they leave prison and give them mental health treatment, job training and other help to get them ready to go back home.

A few states, and the federal prison system, have started doing that.

Unlike most prisoners who are given parole when they are released, inmates in solitary are less likely to get supervision. That’s because they “max out” their sentence and fall outside the parole system.

Be sure to listen to part two, which airs on Friday (today) on Morning Edition.


On Thursday, US Rep. Bobby Scott (D-VA) introduced a bill that would revamp and reauthorize the aging Juvenile Justice Delinquency and Prevention Act. The JJDPA was first enacted in 1974 (and hasn’t been successfully reauthorized since 2002).

The JJDPA gives states funding (into the millions) for compliance with these four requirements: do not detain kids for status offenses, work to reduce disparate minority contact with the justice system, keep kids out of adult facilities (with a few exceptions), and when kids do have to be kept in adult prisons, keep them “sight and sound” separated from adults.

Scott’s new bill, the Youth Justice Act of 2015, is modeled after Chuck Grassley (R-IA) and Sheldon Whitehouse (D-R.I.)’s bipartisan reauthorization bill introduced late last year.

The Youth Justice Act would strengthen the JJDPA’s objectives and add some new functions, including removing those exceptions to keeping kids away from adults in detention facilities, as well as the exceptions that allow kids who have committed certain status offenses to be isolated for up to 24 hours.

Education Week’s Lauren Camera has more on the issue. Here’s a clip:

In addition, the bill would phase out various confinement practices that some consider dangerous, such as isolation that lasts longer than a few hours.

The measure would also create a new grant program for communities to plan and implement evidence-based prevention and intervention programs specifically designed to reduce juvenile delinquency and gang involvement.

“We have documented the power evidence-based policies have in both reducing crime and saving money, and we have realized the role that trauma plays in the lives of our disengaged youth and what it takes to get them back on the right track,” said Scott. “The Youth Justice Act builds on the strong framework of our colleagues in the Senate, and takes suggestions from our nation’s leading juvenile justice advocates on how we can make our system even safer and more responsive to our youth.”


U.S. District Judge Percy Anderson has set the date for November in the federal trial of former LA County Undersheriff Paul Tanaka and ex-captain Tom Carey. Defense attorneys originally agreed on January.

The federal prosecutors are scheduled to try several other use-of-force cases in advance of the two former LASD leaders. The Tanaka/Carey trial is expected to take around two weeks.

Baldwin Park Patch’s Mirna Alfonso has the story. Here’s a clip:

The case was initially set for trial next month, but Anderson ordered attorneys for both sides to meet and agree on a later date. Federal prosecutors in the Tanaka/Carey case are scheduled in the coming months to try three separate use-of-force cases involving current or former sheriff’s deputies, along with the trial of a deputy U.S. marshal facing civil rights homicide and obstruction of justice charges.

The Tanaka/Carey case is expected to take at least two weeks, lawyers said.

Evidence to be delivered to the defense includes a Web-searchable database and 4,000 pages of transcripts from a previous related trial, according to Assistant U.S. Attorney Margaret Carter.

Tanaka — who is on a leave of absence as mayor of Gardena — and Carey, who oversaw an internal sheriff’s criminal investigations unit, have denied the charges contained in a five-count indictment returned May 13 by a federal grand jury.


On Wednesday, after the LA Police Commission’s decision that actions taken during the incident that led to the death of Ezell Ford were unjustified, LAPD Chief Charlie Beck recorded a video message to express his support for the rank and file…

The video riled the LA Police Commission because in it, Chief Beck tells officers that they have the support of their chief, Mayor Eric Garcetti, and “the vast majority of the people of Los Angeles.” The Police Commission was not included in the list of supporters. The LA Times interviewed the president of the commission, Steve Soboroff, and Chief Beck about the video. Here’s a small clip:

Soboroff bristled at any suggestion that the commission didn’t support officers. “To intimate that I don’t care or don’t have the best interests of officers — it’s hurtful but it’s so untrue,” Soboroff said. “It’s so outrageous and so against anything that I feel or that I’ve ever displayed.”

Beck told Soboroff that it was not his intention to suggest that commissioners didn’t back the officers.

“It was not intended to infer lack of support by the Police Commission,” Beck later told The Times. “I have viewed it [the video] several times and I don’t believe it is reasonable to come to that conclusion based on the content.”

The LA Police Protective League (LAPPL) issued a statement Thursday in support of Chief Beck, calling the commission’s decision “self-serving” and “irresponsible.” Here’s a clip:

Surprisingly, the Police Commission, who was privy to the same facts as Chief Beck, came away with a different conclusion. It unanimously reached a finding that left many, including the LAPPL, scratching their heads and wondering how the Commission could let the usual protesters and external political forces influence their decision on this extremely important matter. Beyond being self-serving, the decision was downright irresponsible and has the potential to put the officers that protect this city at risk by signaling to criminals that it is OK to reach for an officer’s weapon depending on the situation.

The Commission got this wrong. Instead of focusing on the multiple forms of hard evidence, including the fact that Ford was a known gang member with a lengthy criminal history of violent crimes, the Commission cited and stretched thin the “objectively reasonable” standard established in the 1989 U.S. Supreme Court case of Graham v. Connor. A standard that the court later noted should not be the primary driver determination, noting that “reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments—in circumstances that are tense, uncertain, and rapidly evolving—about the amount of force that is necessary in a particular situation.”

LAPPL President Craig Lally also spoke to the Times about the video, saying that if Chief Beck had included the commission in the list of supporters, it would have discredited the entire video. “You can’t say that you support the cops and make a decision like that,” said Lally.

We will continue to track this story, which is clearly far from over.


On Thursday, nearly 200 days after the fatal shooting of 12-year-old Tamir Rice in Cleveland, Municipal Court Judge Ronald Adrine ruled that there was probable cause to prosecute the two officers involved in the 12-year-old’s death. (If you need a refresher: Tamir Rice was playing with a toy gun outside of a recreation center with his sister when he was shot by Officer Timothy Loehmann.)

A group of activists and clergy filed affidavits asking the court to arrest Loehmann and another officer, Frank Garmback. The ruling is essentially a recommendation to Cuyahoga County Prosecutor Timothy McGinty and city prosecutors, as the case will automatically go before a grand jury, according to Ohio law. Judge Adrine recommended charging Loehmann with murder, involuntary manslaughter, reckless homicide, negligent homicide and dereliction of duty, and Garmback of negligent homicide and dereliction of duty.

McGinty says he is investigating the shooting.

The Atlantic’s David Graham has the story. Here’s a clip:

In response to a petition from citizens, under an obscure and little-used provision of Ohio law, Municipal Court Judge Ronald Adrine agreed that Officer Timothy Loehmann should be charged with several crimes, the most serious of them being murder but also including involuntary manslaughter, reckless homicide, negligent homicide and dereliction of duty. Adrine also found probable cause to charge another officer, Frank Garmback, with negligent homicide and dereliction of duty. He rejected aggravated murder charges against both officers. (The Guardian has the full order here.) Referring to the “notorious” video of Rice’s death, the judge wrote, “This court is still thunderstruck at how quickly this event turned deadly.”

But Adrine did not order the two men to be arrested. He stated that because the law under which the affidavits were filed had been amended in 2006, judges no longer have the authority to issue warrants themselves in such cases.

Instead, Adrine forwarded his opinion to city prosecutors and Cuyahoga County Prosecutor Timothy McGinty, who says he is currently investigating the case. And he took pains to note that prosecutors are required to apply a different standard before filing charges, determining that it is more probable than not that a reasonable “trier of fact” would hold the officers accountable for any alleged crimes.

The affidavit filed Monday was intended to jumpstart the process of prosecution; it’s been more than 200 days since Rice, a 12-year-old black boy, was shot and killed in a city park. Adrine’s finding of probable cause may increase pressure on McGinty. But since all murder prosecutions have to go through a grand jury under Ohio law, Adrine’s order just funnels the case back to where it was before—waiting for McGinty to act.

It’s been 199 days since Tamir Rice was shot to death by a Cleveland police officer. And for a group of community leaders in the Forest City, that’s too long to wait for prosecutors to charge the officers involved in the shooting. Instead, they went to a municipal court judge Tuesday morning and asked him to issue a warrant for the officers on charges of murder, aggravated murder, involuntary manslaughter, reckless homicide, negligent homicide, and dereliction of duty.

If that sounds confusing, it’s not just you. The activists made the request under an obscure provision of Ohio law that entitles citizens to file an affidavit demanding an arrest.

Posted in Charlie Beck, Eric Garcetti, juvenile justice, LAPD, LASD, Paul Tanaka, prison policy, Reentry, solitary | 13 Comments »

WitnessLA Story Wins New Award for Reporting on Baca, Tanaka & the LASD

June 3rd, 2015 by Celeste Fremon

The City and Regional Magazine Association, sponsored by the Missouri School of Journalism, gave out its journalism awards on Monday night.
We learned in real time that a story I’d written had won first place in the reporting category, because people at the CRMA awards dinner in Texas were tweeting the names of the winners as they were announced. Mary Melton, Editor of LA mag, was one of the happy tweeters.

The winning story ran in Los Angeles Magazine in March 2014, but much of it was based on reporting originally done for WitnessLA when we were covering the Los Angeles Shreriff’s Department the most intensely. The material was compressed and rewritten into the longread story you can read here at Los Angeles Magazine. It is called Downfall

Posted in LASD, Paul Tanaka, Sheriff Lee Baca, writers and writing | 21 Comments »

WitnessLA on KPFK’s Deadline LA Talking About the LA County Sheriff’s Department, Subpoena Power & Indicting Paul Tanaka…(& Also on KCRW’s Press Play)

May 26th, 2015 by Celeste Fremon


On Memorial Day I was on KPFK’s Deadline LA with hosts, Barbara Osborn and Howard Blume, discussing issues concerning the Los Angeles Sheriff’s Department, including the significance of the recent indictments of former undersheriff Paul Tanaka and former LASD captain Tom Carey. We also talked about the proposed civilian oversight commission for the LASD and whether or not that commission should have subpoena power.

Last, we touched on the recent report showing crime in California has gone down not up since realignment began in October 2011.

Here’s a link to the podcast. (Scroll down through the archives until you see DEADLINE LA and you’ll find it.)


On the day that the indictments were unsealed charging Tanaka and Carey with obstruction of justice, I was on KCRW’s Press Play, where I discussed with host Madeleine Brand the significance of the indictment, and whether or not these new charges meant that there was a possibility that former sheriff Lee Baca—who, for a host of reasons, has been believed by many to be essentially unindictable—might now be in the U.S. Attorney’s sights for future charges.

We thought you might enjoy listening to the conversation.

Here’s the link.

Posted in Bill Bratton, FBI, Jim McDonnell, LASD, Paul Tanaka, Sheriff Lee Baca, U.S. Attorney | 8 Comments »

Updates & Early Legal Challenges in the Tanaka/Carey Indictment Drama….A Call for “Smart Justice” for LA County….a New Brand of Advice for Next Generation Cops…the Death of Officer Kerrie Orozco

May 26th, 2015 by Celeste Fremon


On Friday, May 29, the first “status hearing” is scheduled in the obstruction of justice trial of Paul Tanaka, the former undersheriff of the LA County Sheriff’s department, and Tom Carey, the former head of the department’s internal criminal investigative bureau (ICIB).

Judge Percy Anderson will be presiding. Originally the trial was assigned to Judge S.James Otero but, as many involved had predicted, Anderson managed to snatch the high profile case from Otero and move it into his courtroom. Percy Anderson, for those who don’t remember, was the judge on both of James Sexton’s trials and that of the other six former LASD members convicted of obstruction of justice.

Tanaka’s legal team was not thrilled with the judicial switch, likely because some on the defense teams from the last trials thought Anderson had pro prosecution leanings. As a consequence, the Tanaka team filed a motion “to Return Case to Randomly Assigned District Judge Based Upon Improper Transfer.”

Anderson, however, denied the motion with vigor mere hours after it was filed.The issues raised in Tanaka’s Motion are so devoid of merit that no further briefing is required,” he wrote.

And that was that.

(Anderson is not a mincer of words.)

One of the other issues that was to have been heard on Friday was a request for a “judicial inquiry” regarding possible conflicts of interest due to the fact that Carey was being represented by Thomas O’Brian and other members of the Paul Hastings law firm.

it’s easy to see why Carey chose O’Brien. He held the post of U.S. Attorney just before Andre Birotte, which means he knows the workings of that office inside and out. (Andre Birotte is the U.S. Attorney who presided over most of the investigations and charges that are now playing out. Birotte has since gone on to a federal judgeship, and was replaced by Acting U.S. Attorney Stephanie Yonekura, the woman who unveiled Tanaka and Carey’s charges.) The potential conflict that the government has flagged is the fact that O’Brien represented LASD deputy James Sexton, one of the seven who was previously convicted of charges similar to those recently slapped on Tanaka and Carey. Moreover the attorney is still representing Sexton for his appeal to the 9th Circuit. The prosecution also noted, in their lengthy request, that some of Carey’s perjury charges had to do with questions he was asked by O’Brien when Carey was the witness stand for the defense during one or both of Sexton’s two trials.

The prosecutors made a strong argument in their request for an inquiry, with plenty of case law cited. Not too long after the prosecution filed its request, O’Brien and company withdrew as counsel for Carey.

A trial date is expected to be set at the hearing on Friday.

In the meantime, in an email that went out to the members of the Professional Peace Officers Association (PPOA), the union’s leadership urged department members who wished to support Carey to give to his family via a special website that had been set up by PPOA. There LASD members can also give to the families of any of the other six as well, thus getting around the prohibition, according to department rules, against any kind of contact with the six now that they had been convicted of felonies.

The message on the donations site reads in part:


Earlier this year, the Feds convicted 7 employees of the LASD for following the orders of their bosses. Regardless of their guilt or innocence, they and their families are facing difficult times financially. Many are struggling to make their mortgage payments and to put food on the table to feed their children.

“One thing we do well in law enforcement is support each other in times of need.” said PPOA President Brian Moriguchi. “We realize just how difficult a job we do and the risks we face. Few can truly understand that. That is why we are like family and look out for one another. The families of these convicted employees are paying the price for what was really a pissing match between two law enforcement agencies.”

Paul Tanaka’s name, however, is notably absent from the donations site, presumably because he was allegedly one of the “bosses,” whose orders the others were following.


While some of California’s other counties have embraced the challenge and opportunity of realignment to create programs and strategies that both help and monitor inmates when they finish their incarceration terms and begin to attempt integrate back into their individual communities, LA County has lagged behind.

On Sunday, the LA Times editorial board urged LA County to dispense with its lagging and to start practicing “smart justice.”

Here’s a clip from the story::

Counties are working to find the best ways to provide housing, healthcare and employment, to serve not only nonviolent offenders but their victims, their families and their neighborhoods. There have been many successes and many lessons to learn.

If only Los Angeles County would learn them. The state’s (by far) largest county ought to be a leader in smart and effective justice, but as other counties have spent their state realignment dollars on programs intended to reduce recidivism, L.A. County has only dabbled in such initiatives and instead spends most of its realignment money on old-school law enforcement, monitoring and punishment.


NPR’S Robert Siegel visited John Jay College of Criminal Justice on the west side of Manhattan, and observed veteran police officer Professor John DeCarlo, who coordinates the highly respected police studies program at John Jay, as DeCarlo encouraged his next-generation law enforcement students to become “guardians” more than “warriors.”

Here’s a clip from the transcript:

SIEGEL: John DeCarlo spent 34 years as a police officer and later a police chief in Connecticut. Then he got his PhD and made the switch to teaching at John Jay. In light of this year’s stories about policing, I asked him if he talks with his students about how they as future law enforcement officers should manage their encounters with civilians, including the fear that they might feel at such moments.

DECARLO: We have not only talked about the fear that one feels at that point and the reaction that an officer might have, but we also talked about how certain people will be predisposed to different reactions, and it is incumbent upon police leaders to really increase the efficacy of police selection processes so that we do not put people on the job who would be bullies.

SIEGEL: And do you feel those people can be identified before they become police officers or early on in their police careers? How do you do that?

DECARLO: I do. You know, right now, when police officers come on, you know, we send them to an academy that is very militaristic. We are looking, very often, for big people. Women are underrepresented wildly, and we know that women are much better at talking their way out of bad situations than big guys. Right now we give cops a test called the MMPI-2, the Minnesota Multiphasic Personality Inventory. So we pretty much determine that they’re not psychopaths. I think that’s a low bar.

SIEGEL: In his senior seminar, DeCarlo comes off as a born teacher.

DECARLO: Good morning. We are going to talk a little bit about – Tyric (ph), how are you? – where police have gone and where we want them to go.

SIEGEL: He is dynamic, commanding attention, knowing his students, working the seminar room rather than standing at the front. The seminar draws on ideas from, among other sources, Plato’s “Republic,” in which the police are the guardians and the principles of Sir Robert Peel, the founder of London’s police and namesake of London’s of bobbies, and President Obama’s 21st-Century Task Force on Policing. John DeCarlo is a strong supporter of community policing. He leads his students through a Socratic dialogue inspired by an article about the shift in our view of police from guardians to warriors….


It is always heartbreak-producing when a law enforcement officer is killed. But the fatal shooting of 29-year-old Omaha officer Kerrie Orozco in an exchange of gunfire with a fugitive is elliciting an unusual amount of grief in the city she was devoted to protecting and serving.

Here’s a clip from a very personal Fox News story about Orozco and the response to her death.

As the family of Kerrie Orozco grieved for the 29-year-old, seven-year veteran following her death Wednesday in a shootout with a fugitive, the city’s flags flew at half-staff, the police department rallied behing the simple phrase “Kerrie On,” and donations poured in for Olivia Ruth, the baby Orozco had just given birth to prematurely. Orozco was working her last shift before going on maternity leave to be with her baby when a criminal’s bullet struck her just above the bulletproof vest that might have saved her life.

“She was so excited to be a mother,” her aunt Laurie McNeil told Friday.

Olivia was born premature Feb. 17. Orozco was set to bring her home from the hospital Thursday and go on maternity leave. Wednesday’s tragic events changed all that.

“She had the bassinet all set up by the side of the bed,” McNeil said. “She just wanted to be ready.”

Orozco was part of a fugitive task force searching for convicted felon Marcus Wheeler. He was being sought for an earlier Omaha shooting. As they closed in on the suspect Wednesday afternoon, Wheeler, 26, opened fire.

Police said one of his bullets struck Orozco in the chest and exited her back. An inch lower and it would have struck her in her bullet-proof vest.

McNeil told she had a bad feeling when she looked at her phone Wednesday and saw a breaking news flash reporting an Omaha police officer had been shot.

“I immediately turned on the Internet and started watching,” the aunt said, choking back tears. “I was hoping to see her walk across the screen.”

As her deepest fears grew, McNeil sent Orozco a text asking, “Are you Ok?” She tried calling. She didn’t get an answer.

Read the rest. It’s worth it.

Posted in FBI, LA County Board of Supervisors, LA County Jail, LASD, law enforcement, Los Angeles County, Paul Tanaka, Realignment, Reentry, U.S. Attorney | 55 Comments »

PANDORA’S BOX FINALLY GOES UP THE LADDER: The Day That Paul Tanaka and Tom Carey of the Los Angeles Sheriff’s Department Were Federally Indicted – UPDATED

May 16th, 2015 by Celeste Fremon

“The allegations in the indictment include cover-ups, diversionary tactics, retribution and a culture generally reserved for Hollywood scripts.”

- David Bowdich, Assistant Director in Charge, LA offices of the FBI


On Thursday, May 14, the day it actually happened, the mood among even the observers was of an almost theatrical unreality.

For weeks sources had dropped hints that former undersheriff Paul Tanaka and, with him, former captain William “Tom” Carey, were going to be federally indicted—and soon. But who knew? Eight months ago several sources close to the U.S. Attorney’s office said that a Tanaka indictment simply was not going to happen.

Carey, maybe, but not the former undersheriff.. The man was, after all, a runner-up in the November 2014 race for sheriff and he was still the 3-term elected mayor of the city of Gardena.

Yet seven lower-ranking members of the department had been charged, convicted and handed prison terms for engaging in actions that, according to all credible accounts, Tanaka, and to a much lesser degree, Carey, had ordered. So were the feds really going to let the underlings take the whole big, bad hit, while the shot-calling guys at the top walked away unscathed?

As it turns out, the answer to that question is: no.

Both Paul Tanaka and Tom Carey learned for certain late Wednesday afternoon through their attorneys that a grand jury had indeed handed down indictments . In reality, however, both the indictees and the lawyers had all but known for weeks. And then there were subtle hints that went out to both the Carey and Tanaka camps that planning a vacation in May would likely be….unwise.

Paul Tanaka is, of course, the former number two of the Los Angeles Sheriff’s Department and, at one time, the man who most insiders believed was all but guaranteed the top job after then-sheriff Lee Baca stepped down. But that was before a string of departmental scandals became public, before Baca “finessed” (his word) his once blindly trusted second in command into early retirement, before Tanaka hit back with verbal stiletto strikes delivered via the press, and before Baca resigned under still ambiguous circumstances on January 7, 2014.

Prior all that, Tanaka was Baca’s anointed successor, the crown prince, the guy whom nearly everyone in and around the department—everyone save Baca himself—believed truly ran the show. It was Tanaka who reportedly micro-managed nearly all important promotions, civil service rules be damned. He was also the person who could and would tank your career if you crossed him. He had to put his “people.” in place, Tanaka once confided in former LASD Commander Robert Olmsted. Because, he said, after Baca, he was going to be sheriff for the next 16 years.

Instead, at around 6:30 am on Thursday, Tanaka self-surrendered to federal agents at the FBI head quarters building in Westwood. Tom Carey too self-surrendered at around the same hour. Later that day, both men were led, in handcuffs, to holding cells inside the Edward Roybal federal building. Then at approximately 3:05 p.m. Tanaka was arraigned on 5 counts of obstruction of justice. Carey was arraigned right afterward. Tanaka wore a baby blue shirt, no tie, and sport coat, for the arraignment. Carey wore a bright white, long-sleeved Oxford shirt that looked very J. Crew-ish, no jacket. Neither were handcuffed anymore.

Both men were granted bail. Tanaka’s bail was set at $50,000, to be secured by a condo in Diamond Bar that is in his wife’s name. Carey’s bail was $100,000 but it was unsecured by either property or other assets. During the bond discussion, Judge Victor B. Kenton, the jurist presiding over the arraignment, wondered to Assistant U.S. Attorney Brandon Fox why Tanaka needed to be a bond at all—before acceding to the government’s wishes with some reluctance. (Since we’ve seen people charged with a couple of hand-to-hand sales of dime bags of meth slammed with a $100,000 in bail, no kidding, we wondered about his honor’s thinking, but that’s a conversation for another day.)

As is customary, both men were required to surrender their passports and firearms. (Carey didn’t have a passport, and Tanaka’s was out of date.) There was a small kerfuffle over the fact that Tanaka’s wife is an LASD detective thus legitimately needs her gun. Carey’s son, who lives in his father’s household, is also a sworn member of the sheriff’s department, so needs his gun as well. With a bit of back and forth, everyone settled on the notion of acquiring new lock boxes forthwith for the weapons of the spouses and offspring.

A joint trial for the two “co-conspirators” was set for July 7 in the courtroom of Judge S.James Otero—although absolutely no one involved thinks the trial will commence anywhere near that soon. Moreover, sources rate the chances at approximately 80 percent that Judge Percy Anderson will elect to snatch this juicy trial for himself, thereby moving Otero out. Anderson, those following closely will remember, presided over both of the trials of James Sexton (whom it took two trials to convict), and the trial the other six former department members who, along with Sexton, were convicted of obstruction of justice concerning the hiding of federal informant Anthony Brown and other actions designed to thwart the FBI’s investigation into chronic corruption and brutality in the Los Angeles County jail system.

UPDATE: Judge Percy Anderson did indeed manage to snatch the Tanaka-Carey case. But there are still no new trial dates.

Both men were released on bond at around 4:30 p.m. Thursday afternoon. They left the building with their lawyers, looking grim and rattled. Tanaka also had his wife beside him, a pretty woman who, on this particular afternoon, looked like she’d been through one hell of a 24 hours.


The news that two of the guys near the top of the LASD’s hierarchy were facing federal indictments was officially announced at Thursday’s 9 a.m. press conference where Acting United States Attorney Stephanie Yonekura laid out the charges:

Tanaka was charged with obstructing a federal investigation for allegedly “directing efforts to quash a federal investigation into corruption and civil right violations by sheriff’s deputies” in two of the county’s jail facilities, Men’s Central Jail, and Twin Towers, she said.

Tom Carey, the former head of ICIB-–the LASD’s unit that oversees criminal investigations within the department—was indicted along with Tanaka for “participating in a broad conspiracy to obstruct the investigation.” In addition, Carey was charged with two counts of “making false declarations” (basically perjury) for things he said in last year’s trials of former deputy James Sexton and six former members of the department, including two lieutenants, two sergeants, and two more deputies.

As she spoke to the hyped-up crowd of reporters, Yonekura used unusually descriptive language to describe the context in which the obstruction of charges against the two men were filed, particularly concerning Tanaka, whom she said (allegedly) didn’t merely obstruct justice regarding the Anthony Brown matter, but “had a large role in institutionalizing certain illegal behavior within the Sheriff’s Department” as a whole.

David Bowdich, the new the Assistant Director in Charge for the LA offices of the FBI, went further when he took the podium after Yonakura. “The allegations in the indictment include cover-ups, diversionary tactics, retribution and a culture generally reserved for Hollywood scripts.”

As mentioned above, the charges against Carey and Tanaka are similar to the obstruction of justice charges levied against the seven former department members convicted last summer and fall (and whose cases are being heard on appeal by the 9th Circuit Court of Appeals, this coming fall). Except, of course, Tanaka’s and Carey’s roles were supervisory in nature. In other words, they were the ones who allegedly gave the orders that led to the obstruction charges—and the convictions—of seven department members, not the ones who mostly carried out what higher-ups told them to do.


The joint indictment of Paul Tanaka and Tom Carey is a 25-page document that makes for interesting reading.

The first nine pages cover what are called Introductory Allegations. These are the sort of back story that puts the the rest of the legal tale—namely the various “counts” that comprise the charges—into a larger narrative context. On page three, for example, the document states that:

“Defendants TANAKA and CAREY were well aware of allegations of rampant abuse of inmates at MCJ and TTCF [Twin Towers] and of allegations of insufficient internal investigations and enforcement of deputy misconduct by the LASD.”

It then goes on for the next two or three pages to give a list of examples of how Tanaka and, in some instances, Carey, ignored reports of deputy abuse of inmates when they were brought to them by such varied sources as a jail chaplain, an ACLU monitor, an LASD deputy, a lieutenant, a commander, and more.

The indictment also describes how Tanaka, in particular, allegedly seemed to foster misbehavior—as with his infamous “work the gray” speeches, or his reported 2007 threat to “put a case” on captains “who were putting the most cases on deputies,” and so on.

The remaining pages outline the “counts,” which basically have to do with ordering and/or overseeing the alleged hiding of inmate/informant Anthony Brown from the feds, surveilling and threatening FBI special agent Leah Marx, and attempting to threaten and cajole potential deputy witnesses from talking to the FBI—plus other related actions.

A careful reading of 25-pages is also intriguing in that it suggests, among other things, a list of possible witnesses that the feds could call at trial. (It most cases, the individuals mentioned in the indictment are not named, but comparing the anecdotal material in the document with, say, accounts of the Citizens Commission on Jail Violence hearings, and WLA’s own coverage of the LASD over the last few years, may offer relevant clues.)

In response to the indictment, both in a written statement and in conversation outside the courtroom, Tanaka’s two attorneys said that the charges against their client were “baseless,” and they were confident he would be exonerated of any wrongdoing.

“We’re not going to roll over, we’re going to fight it.”

If convicted of all the charges, Tanaka could get fifteen years in a federal prison. Carey, with his extra two counts, could do 25. Yet, judging by the sentences handed down to the other seven department members last year, where the longest term ordered was 41 months, should Tanaka and Carey be found guilty, their sentences too would likely be far shorter than the maximum.


At Thursday’s press conference, a good number of the questions asked by reporters weren’t about the recently indicted Tanaka and Carey, but about about the man who most conspicuously was not indicted—namely former sheriff Lee Baca. He was, after all, present at many of the meetings laid out in the charges. And in several instances he was reportedly the guy who called the meetings.

Acting US Attorney Yonekura declined to say whether or not Baca was or was not the focus of any ongoing investigation. She mostly answered the blizzard of questions by stating that “Mr. Baca is not charged at this time,” and “We will continue to look at any evidence that comes to us.” As to how they could indict the number two guy, without indicting the number one guy, she said, “We’ve charged the cases we feel we can prove beyond a reasonable doubt.”

Meanwhile, back among the non-indicted working department members, once the news broke about Tanaka and Carey, Sheriff Jim McDonnell sent out this message to the troops:

Today, the Department of Justice announced the indictments of former Sheriff’s employees Paul Tanaka and William Carey. The last several years have been hard on everyone. The indictments are part of a process that will run its course. During this time it is important for us to focus on our mission and look toward the future in demonstrating what the LASD is all about.

The US Attorney’s announcement is by no means a reflection on the tremendous work that you consistently do and the commitment that each of you provide to make a difference in the communities that we serve. The Sheriff’s Department is a national leader in law enforcement, an agency second to none.

I look forward to the future and continuing to work with you in moving the Department forward, not only in leadership, but in the eyes of the public.

Posted in FBI, jail, Jim McDonnell, LA County Jail, LASD, Paul Tanaka, Sheriff Lee Baca, U.S. Attorney | 83 Comments »

Indictments of Former Top LASD Officials Paul Tanaka & Tom Carey to be Announced Thursday Morning

May 14th, 2015 by Celeste Fremon

The indictment of Paul Tanaka, the former undersheriff of the Los Angeles Sheriff’s Department,
and the man that many considered the shadow sheriff during the last years of Lee Baca’s time in office, will be announced at a 9 a.m. press conference Thursday at the federal building, according to sources. Former LASD Captain Tom Carey will also reportedly be indicted and is expected to self-surrender Thursday morning.

Although the FBI has reportedly been investigating Tanaka on a number of fronts over the last couple of years, Thursday’s unsealed indictment is expected to pertain to an elaborate scheme of hiding of FBI informant Anthony Brown from his federal handlers, and related actions—a scheme that has already resulted in convictions of seven former department members for charges of obstruction of justice.

Tanaka and Carey testified at both of the trials that resulted in the seven previous obstruction convictions (all of which are being appealed to the 9th Circuit Court of Appeals, with hearings to take place next fall). Although, on the stand, Tanaka in particular disavowed specific knowledge and oversight of the hiding of Brown. Yet the testimony of others made it hard to see him as the distant supervisor who never asked his underlings about details, whom he attempted to portray himself to be. Carey too, as the head of ICIB, the department’s unit for investigating internal criminal matters, appeared to be assigning many of the components of what came to be unofficially called Operation Pandora’s Box.

Both men admitted on the stand at the earlier trials that they knew they were the “objects” of a federal criminal investigation.

More after the press conference.

Posted in FBI, LASD, Paul Tanaka, Sheriff Lee Baca, U.S. Attorney | 120 Comments »

More Pandora’s Box Indictments? …”Electronic Backpacks” for Dual-Status Foster Kids…LA Mayor and LAPD Chief Missed Important Opportunity…Two Mississippi Officers Murdered…and More

May 11th, 2015 by Taylor Walker


Last year, seven members of the LA County Sheriff’s Department were convicted of obstruction of justice for hiding FBI informant Anthony Brown from his federal handlers. (Backstory here, here, and here.)

New court documents and FBI recordings obtained by ABC7′s Lisa Bartley once again suggest that fault may lie higher up in the LASD chain of command.

In the recordings, an indignant then-Sheriff Lee Baca can be heard loudly accusing the FBI of breaking the law by sending a phone into the jail. Upset that he was kept out of the loop while the feds investigated reports of abuse and corruption in Men’s Central Jail, Baca launched his own investigation into the matter.

Sources have told WLA that more indictments could come as soon as this month or next.

Here are some clips from Bartley’s story (but go over to ABC7 and watch the video):

SHERIFF LEROY BACA: The FBI doesn’t have a right to break the law!

At the heart of this case is Baca’s anger: How could the feds infiltrate HIS jail and go after HIS deputies, without telling Baca himself? Baca fervently believed the FBI had broken the law by setting up a sting that led a corrupt deputy to smuggle a cellphone into the jail and to inmate-turned-FBI informant Anthony Brown. Undersheriff Paul Tanaka told FBI agents about the angry phone call he received from Baca.

UNDERSHERIFF PAUL TANAKA: I just remember him being mad, mad, mad! A lot of colorful language – just mad! And – you find out that F-ing phone, you get that phone you hold onto that phone. I don’t want it to leave our custody!

Baca convenes a high-level Saturday meeting. Despite FBI Assistant Director Steve Martinez telling him that the phone was part of a legitimate, authorized FBI operation, Baca wants an investigation of his own. How did the phone get into jail? Who is responsible?

It’s NOT a crime, because it’s all part of a sanctioned, undercover operation by the FBI. Still, Baca issues the order: No one can get into see inmate Anthony Brown without permission from Undersheriff Paul Tanaka.

In the days and weeks to come, Anthony Brown is hidden from the FBI – his name is changed and computer records are falsified. The sheriff’s department puts Brown’s FBI handler Special Agent Leah Marx under surveillance and later threatens her with arrest.

Two sergeants harassed and threatened to arrest Special Agent Leah Marx, Brown’s federal handler, outside of her home (more about that here).

Baca told federal investigators that he was unaware that “we have an interest in arresting an FBI agent. That…strikes me as extreme.”

Yet, Captain Tom Carey testified that he, Baca, Lieutenant Steve Leavins and Paul Tanaka met prior to the incident, to discuss what to do about Special Agent Marx. According to Carey, Baca said “Just don’t put handcuffs on her.”


The Sierra Health Foundation, in collaboration with ZeroDivide, are working to create what they are calling “electronic backpacks” for California’s dual-status foster kids (kids who are involved in both the child welfare and juvenile justice systems).

Dual-status (or “crossover”) kids often face trauma, neglect, and instability. And communication between agencies serving dual status kids, including school districts, can be patchy or nonexistent, making it hard for kids to access important services and enroll in school.

The “electronic backpacks” would allow kids to easily access their important documents (like birth certificates, proof of vaccination, and school records) from computers and mobile devices anywhere, by storing them on a “cloud” system.

Health Affairs’ McCrae A. Parker and Matt Cervantes have more on the effort, which is part of the foundation’s Positive Youth Justice Initiative. Here’s how it opens:

“And despite all best intentions, when youth leave the foster care system as adults, they are typically only given a sheaf of papers that detail their complicated histories. These records are easily lost and usually incomplete, which often creates burdens these young adults must carry for life.” –Wendy Lazarus, Founder and Co-President of the Children’s Partnership

Over the past year, ZeroDivide has collaborated with Sierra Health Foundation to serve as a thought partner in the integration of technology into the foundation’s Positive Youth Justice Initiative, which aims to create a major shift in California’s juvenile justice practice and policy at the county level. The initiative focuses on crossover youth—that is, young people with histories of neglect, abuse, trauma, and engagement in the child welfare system, who currently are involved with county juvenile justice systems.

As part of our exploration of promising practices in the use of technology in the juvenile justice and child welfare systems, we discovered the “electronic backpacks.”

The central idea behind the electronic backpack is that a youth’s important life documents, medical records, and program reports “live” on an easily accessible, secure, “cloud” system. For crossover youth, the design, use, and adoption of the electronic backpack concept can potentially lead to better coordinated services and outcomes. Mobile technology provides a greater level of access to critical intervention and service records for youth, their families, and their friends or supportive adults.

Crossover youth are in particular need because of interaction with two systems (child welfare and juvenile justice), and the delay and withholding of services that they may experience without specific documents. For example, a youth who arrives at a new group home placement may have difficulty registering at his or her new school without vaccination records. With an electronic backpack, this issue can be eliminated.


In his column, LA Times’ Steve Lopez wrote that, by not attending a Venice town hall meeting to discuss the recent shooting death of an unarmed homeless man by a police officer, LAPD Chief Charlie Beck and LA Mayor Eric Garcetti missed an important opportunity to show that Brendon Glenn’s death mattered. Here’s a clip:

When Ezell Ford was shot and killed by police last August in South Los Angeles, Beck and other top LAPD brass went into full damage control mode, meeting with a crowd of concerned citizens at Paradise Baptist Church.

Does Venice not matter as much as South L.A.?

Does Brendon Glenn not matter as much as Ezell Ford, both of them black, and both of them unarmed?

If City Hall wanted to send a message that these shootings matter, two people in particular should have gone to that meeting together Thursday night.

“Where is the mayor?” Mike Neely, a commissioner with the Los Angeles Homeless Services Authority, asked from outside the standing-room-only Venice meeting. “Where is the chief of police?”

They were missing in action, that’s where they were.

The first matter the city needs to attend to is the police killing of an unarmed man. That in itself is worthy of the police chief’s and mayor’s attention…

But figuring out why Brendon Glenn was killed is only a small beginning. The next step is to address the underlying failures that foster these killings and so many other woes…

Being a cop isn’t easy, particularly when you’re asked to deal with the fallout from the city’s failure to help people off the streets and into services that can transform their lives, make neighborhoods safer and even deliver a savings to taxpayers.

A scuffle broke out near the Venice promenade, police were summoned, they wrestled with the suspect, and Brendon Glenn — said to have been intoxicated — ended up dead.

It happens too often.

Chronic homelessness is rampant in Venice. The first thing to consider, when there’s a call about a disturbance near the boardwalk, is that it might involve someone who is homeless, mentally ill and/or addicted. The situation might call for backup help, or one of the mental health/police units, or use of a disabling, less lethal weapon than a gun.

And yet, here we are once again, with police as the designated default agency when it comes to homelessness.


The nation got heartbreaking news on Saturday night when it learned that two Hattiesburg, Mississippi, police officers, Liquori Tate, 25, and Benjamin J. Deen, 34, had been shot and killed during a routine traffic stop.

On Sunday morning, four suspects were arrested.

Benjamin Deen was a K-9 officer whose father, Dan Deen, told NY Daily News reporter Joel Landau, that his son, a former “officer of the year” in the department, chose his profession so he could follow in his grandfather’s footsteps.

“He was a very good cop. He loved his family, he loved his job,” he told The News. “He did his job to the best of his ability.”

Benjamin Deen was married and had two children, a 9-year-old boy and 13-year-old girl, his father said. The family is devastated by what happened, he said.

Ronald Tate, father of Liquori Tate, who was not yet a year out of the police academy, talked with CNN’s Catherine E. Shoichet about his son’s passion for policing and the way he treated those he was charged with protecting and serving.

“He had this enthusiasm, this fire in his soul, and I knew he meant that,” Ronald Tate said.

That doesn’t mean Liquori Tate didn’t know he was putting his life in danger when he joined the force.

“He really knew the risk,” Ronald Tate said, “but I think my son just thought people…are generally good people, so let’s treat them all with dignity.”

Late last week, the California Senate passed a bill that would ban grand juries from investigating officer-involved shootings and excessive use of force incidents.

Eliminating the grand jury option would give local district attorneys no choice but to handle such cases. And because DAs are elected officials, the bill supporters believe there would be a higher level of public accountability involved.

The bill, SB 227, authored by Sen. Holly Mitchell, D-LA, must next be approved by the state Assembly.

The Sacramento Bee’s Alexei Koseff has more on the bill. Here’s a clip:

Protests sprouted up nationwide last fall after grand juries in Missouri and New York declined to indict white police officers who had killed unarmed black men during confrontations. The system, in which a jury of citizens weighs the evidence to decide whether to bring charges, came under fire for its secrecy.

Sen. Holly Mitchell, D-Los Angeles, who introduced Senate Bill 227, argued that the lack of transparency and oversight in grand jury deliberations, which do not involve judges, defense attorneys or cross-examination of witnesses, did not serve the public.

“The use of the criminal grand jury has fostered an atmosphere of suspicion that threatens to compromise the nature of our justice system,” she said.

Posted in Eric Garcetti, Foster Care, Homelessness, LAPD, LASD, Los Angeles Mayor, Paul Tanaka, Sheriff Lee Baca | 18 Comments »

Will Barry Bonds 9th Circuit Ruling Affect LASD “Pandora’s Box” Appeals?….(& Further Indictments?)

April 23rd, 2015 by Celeste Fremon


On Wednesday, the 9th Circuit Court of Appeals, ruling en banc, overturned former San Francisco Giant Barry Bonds’ felony conviction for obstruction of justice, also forbidding the feds to retry Bonds on the same count.

Last year, a three-judge panel of the 9th didn’t give Bonds a reversal, so his attorneys petitioned for an en banc rehearing—meaning they wanted the whole court. Bonds and his lawyers got it, and the new ruling—as we learned on Wednesday—went in a very different direction.

The court found, in a 10 to 1 decision, that Bonds’ meandering obfuscation in answer to the one of the prosecutors’ questions did not “materially” get in the way of the government’s investigation into the illegal distribution of steroids. In other words, the baseball star’s dodging of a question he didn’t want to answer wasn’t all that, you know, obstruct-y.

Moreover, Judge Alex Kozinski, who wrote a concurring opinion, seemed to be chiding the prosecutors for stretching the definition of obstruction the point that, the judge suggested, practically anyone in the vicinity of a federal investigation could get charged.

For instance, here’s a clip from Kozinski’s opinion:

Because the [obstruction of justice] statute sweeps so broadly, due process calls for prudential limitations on the government’s power to prosecute under it. Such a limitation already exists in our case law interpreting section 1503: the requirement of materiality. Materiality screens out many of the statute’s troubling applications by limiting convictions to those situations where an act “has a natural tendency to influence, or was capable of influencing, the decision of the decisionmaking body.” Put another way, the government must prove beyond a reasonable doubt that the charged conduct was capable of influencing a decisionmaking person or entity — for example, by causing it to cease its investigation, pursue different avenues of inquiry or reach a different outcome.

And there’s this:

We have no doubt that United States Attorneys and their Assistants would use the power to prosecute for such crimes judiciously, but that is not the point. Making everyone who participates in our justice system a potential criminal defendant for conduct that is nothing more than the ordinary tug and pull of litigation risks chilling zealous advocacy. It also gives prosecutors the immense and unreviewable power to reward friends and punish enemies by prosecuting the latter and giving the former a pass.


This is the question that we understand is being tossed around by some of the various defense attorneys representing each of the seven former members of the Los Angeles Sheriff’s Department convicted of obstruction of justice around the hiding of federal informant Anthony Brown.

On the surface we would imagine that the actions of the six former LASD folks convicted last summer, and those of former LA County Sheriff’s deputy James Sexton convicted in the fall, are quite different from the on-the-stand phumphering of Barry Bonds. On the other hand, if the 9th is feeling less-than-friendly toward prosecutors’ use of obstruction as a charge in general, suggesting—as Kozinski seems to do in some of the verbiage above—that the feds are overreaching with their use of the statute, will their cranky view extend far enough to cause any of the seven convictions to be similarly overturned?

And if that is any kind of possibility, could it also cause the feds to hold their collective fire on any new indictments that we keep hearing rumored could be coming this spring?

(cough) Tom Carey and Paul Tanaka (cough, cough)

We don’t pretend to know the answers to any of these queries, but we thought you’d like to know that the questions are, in certain quarters, in the air.

Posted in FBI, LA County Jail, LASD, Paul Tanaka, The Feds, U.S. Attorney | 20 Comments »

« Previous Entries