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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



WITNESSLA ON DEADLINE LA WITH BARBARA OSBORN AND HOWARD BLUME TALKING ABOUT LASD INDICTMENTS AND MORE

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.)


AND…EARLIER WITNESSLA WAS ON KCRW’S PRESS PLAY WITH MADELEINE BRAND TALKING ABOUT WHY PAUL TANAKA WAS INDICTED AND WHETHER WE’LL SEE A FUTURE INDICTMENT FOR LEE BACA

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 | No 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



THE ARRAIGNMENT

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 PRESS CONFERENCE

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 INDICTMENT

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.


AND WHAT ABOUT BACA?

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 | 81 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 | 119 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

RECORDINGS AND DOCUMENTS SUGGEST RESPONSIBILITY FOR OBSTRUCTING PANDORA’S BOX MAY LIE WITH LASD HIGHER-UPS, INDICTMENTS LOOMING

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.”


KEEPING IMPORTANT DOCUMENTS ON A “CLOUD” SYSTEM FOR KIDS INVOLVED IN BOTH JUVENILE JUSTICE AND FOSTER CARE SYSTEMS

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.


STEVE LOPEZ: MAYOR AND LAPD CHIEF SHOULD HAVE ATTENDED TOWN HALL MEETING ABOUT BRENDON GLENN’S DEATH AT THE HANDS OF POLICE

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.


FATHERS OF TWO MISSISSIPPI POLICE OFFICERS KILLED IN THE LINE OF DUTY TALK ABOUT THEIR SONS

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 »

LA Deputy Saves Stray Dogs and Cats, FBI Informant Anthony Brown Sues LA County, Task Force to Investigate SF Law Enforcement Misdeeds, One-in-Three Homicides Unsolved in US

March 31st, 2015 by Taylor Walker

LASD PARKS DEPUTY GOES ABOVE AND BEYOND, MOONLIGHTS AS ANIMAL RESCUER

Los Angeles Sheriff’s Deputy Brittany Fraser rescues animals—lots of them. Off and on duty patrolling LA County parks, Fraser picks up stray dogs, cats, and other animals in need. Other deputies now also bring found animals to Fraser instead of leaving their fate in the hands of animal control. If Fraser can’t find the animal’s human family, she bathes and vaccinates them and cares for them until they are adopted through her Brick Animal Rescue. Thus far, Fraser has saved more than 100 homeless animals.

The Daily Breeze’s Carley Dryden has the story. Here’s a clip:

“As much as I want to help people, it’s the same for animals,” Fraser said. “When people need help, they can ask for it. But dogs can’t. They don’t have a voice. You have to be paying attention.”

Sgt. Craig Berger recalled the night he came across two pit bulls eating trash on the on-ramp to the 110-105 freeway interchange. One was clearly young and starving, its ribs sticking out.

“Pre-Brittany Fraser, I probably would have had no choice but to take them to animal control, and that would have been a death sentence,” he said. “But I was able to call her from the freeway, tell her what happened and drive them to her house. She took care of them and took them to the vet.”

Berger, Fraser’s former supervisor, said Fraser has changed the mind-set of deputies when they see or approach stray animals.

“Before, they would just ignore the problem, or maybe occasionally, if they had time, they might call animal control,” he said. “Eventually, the culture was created to call Deputy Fraser.”

[SNIP]

“She is the animal whisperer,” said her husband, Nick Resendez, who met his wife when they were partners at the Lomita sheriff’s station…

Resendez acknowledged that he didn’t have pets growing up, so having a dog in his bed at night now has been quite the adjustment.

“She’ll come home, and I’ll say, ‘What do you have under your coat jacket?’ She’ll smile and reveal a Chihuahua or a cat,” he said. “One time she came home with a raccoon and I said, ‘Are you kidding me?’ But this is the woman I married. She is compassionate and loving. To know that she has the ability to put those feelings into animals is amazing.”


SF DISTRICT ATTORNEY LAUNCHES TASK FORCE TO LOOK INTO WAVE OF SHERIFF’S DEPT. AND POLICE MISCONDUCT ALLEGATIONS

Moving quickly, San Francisco District Attorney George Gascon announced Tuesday the launch of a new three-team task force to investigate three separate allegations of law enforcement misconduct.

On Monday, San Francisco Public Defender Jeff Adachi announced that at least four deputies allegedly forced inmates to brawl in gladiator-style fights and placed bets on them. (We linked to that story here.) There have also been allegations of racist text messages between veteran police officers. DA Gascon says there has also been a breach of protocol in the DNA labs, affecting 1,400 cases.

CBS has more on the new task force. Here are some clips:

[SF District Attorney George Gascon] said that during his more than 30 years in law enforcement, he has seen a great deal of misconduct and scandals involving law enforcement officials, but that the frequency and magnitude of these recent allegations are “unusual” and “repulsive,” as well as some of the worst allegations he’s heard.

Gascon said he is concerned that if these allegations are determined to be true, there could be serious potential repercussions for criminal cases, including some which were possibly prosecuted years ago.

Gascon said that these alleged incidents are concerning not only because of “the level of hate that is reflected” but because of “the impact they may have on the criminal justice system.”

He said his office, as well as the San Francisco Public Defender’s Office, will be taking a second look at cases from the past 10 years involving officers and deputies named in recent allegations.

[SNIP]

Regarding the gladiator-style fights reported this month at the San Francisco County Jail on the seventh floor of the Hall of Justice, Gascon said that it is unlikely only four deputies knew about the alleged abuse and misconduct…

Gascon said he wants to know who else knew about the alleged fights, when they knew and if there have been similar cases of misconduct at the sheriff’s department.

Regarding racist and homophobic text messages from police officers that were recently released in federal court documents, Gascon said he wants to know if other people were involved and to see if any prosecutions could be impacted.


FBI INFORMANT ANTHONY BROWN SUES LA COUNTY, SHERIFF’S OFFICIALS, AND 7 DEPUTIES CONVICTED FOR HIDING BROWN WITHIN JAIL SYSTEM

FBI informant Anthony Brown is suing LA County, former sheriff Lee Baca, former undersheriff Paul Tanaka, former captain Tom Carey and the seven deputies convicted last year of obstruction of justice for hiding Brown from his federal handlers. (More about that here.)

Brown is alleging cruel and unusual punishment, as well as retaliation, conspiracy, failure to provide medical care, and municipal and supervisory liability.

ABC7′s Lisa Bartley has the story. Here’s a clip:

Brown was moved around the jail system, his name was changed multiple times and computer records were falsified to make it appear that Brown had been released from LASD custody.

“I was kidnapped, my name was changed,” said Brown. “They put me in cars late at night and took me places. I think I had more than a dozen guards on me 24/7.”

The lawsuit seeks punitive damages for cruel and unusual punishment, municipal and supervisory liability, failure to provide adequate medical care, retaliation and civil conspiracy.

“As soon as defendants became aware of plaintiff’s cooperation with the FBI’s investigation, they conspired to retaliate against plaintiff for his participation as an informant and obstruct that investigation intentionally… hiding and/or kidnapping plaintiff in the jail system under fictitious identities, covertly moving him about and throughout LASD’s jail system, and unreasonably kept him in isolation without cause,” the lawsuit states.

Brown says he was in “dire fear for his life that defendants would carry out a threat on his life or order/allow other jail inmates/gangs to kill plaintiff because defendants told him, ‘No witness, no conviction.’”


WHY HAVE HOMICIDE SOLVE RATES DECLINED BY 26% SINCE THE 1960′S?

In the 1960′s law enforcement officers solved homicides at a rate of about 90%, fifty years later (and despite the advent and development of DNA testing), the national clearance rate is just 64%.

NPR’s Martin Kaste has more on the numbers and what factors may be adversely affecting murder case clearance. Here are some clips:

…that’s worse than it sounds, because “clearance” doesn’t equal conviction: It’s just the term that police use to describe cases that end with an arrest, or in which a culprit is otherwise identified without the possibility of arrest — if the suspect has died, for example.

[SNIP]

Vernon Geberth, a retired, self-described NYPD “murder cop” who wrote the definitive manual on solving homicides, says standards for charging someone are higher now — too high, in his opinion. He thinks prosecutors nowadays demand that police deliver “open-and-shut cases” that will lead to quick plea bargains.

He says new tools such as DNA analysis have helped, but that’s been offset by worsening relationships between police and the public…

Since at least the 1980s, police have complained about a growing “no snitch” culture, especially in minority communities. They say the reluctance of potential witnesses makes it hard to identify suspects.

But some experts say that explanation may be too pat. University of Maryland criminologist Charles Wellford points out that police are still very effective at clearing certain kinds of murders.

“Take, for example, homicides of police officers in the course of their duty,” he says. On paper, they’re the kind of homicide that’s hardest to solve — “they’re frequently done in communities that generally have low clearance rates. … They’re stranger-to-stranger homicides; they [have] high potential of retaliation [for] witnesses.” And yet, Wellford says, they’re almost always cleared.

Posted in District Attorney, DNA, FBI, jail, LASD, Paul Tanaka, Sheriff Lee Baca | 65 Comments »

A Tale of Planted Guns & Rogue Sheriff’s Deputies

March 19th, 2015 by Celeste Fremon



In this week’s LA Weekly, reporter Gene Maddaus writes about how a marijuana dispensary’s surveillance video
and an allegedly-planted handgun may have finally led the Los Angeles Sheriff’s Department and the LA District Attorney’s office to pay attention to the actions of a cluster of rogue LASD deputies.

The story pertains specifically to a deputy clique known as the Jump Out Boys, the existence of which was first reported by the LA Times. The clique drew its members from within the ranks of Operation Safe Streets (OSS), the gang investigation unit within the department.

Two years ago, in February 2013, after news of the clique’s existence became a larger and larger story, the LASD under Sheriff Baca fired seven of the Jump Out Boys, ostensibly for “belonging to a secret law enforcement clique that allegedly celebrated shootings and branded its members with matching tattoos,” and related conduct unbecoming. The information that Maddaus has uncovered, however, suggests that the firings may have had more to do with straight-up criminal behavior—and that there may be more such behavior that has yet to come to light.

Here’s a clip from the story. As we are coming into the tale in its middle, you need to know that both “Martinez” and “Paez” are Jump Out Boys. “Yang,” is a young man who works at the Superior Herbal Health marijuana clinic.

Martinez was one of the clique’s “shot callers,” according to a sheriff’s source. He would later write a three-page narrative of the events of that day. His report would help generate two sets of criminal charges — first against Yang and then, when discrepancies emerged, against himself.

According to Martinez’s report, he and Paez were driving along 84th Place when they saw a black man exit a building. The report states that the man appeared to engage in a hand-to-hand drug transaction with another man. When the first man saw the officers, the report states, he reached into his pocket and pulled out what looked like the butt of a handgun.

The man — later identified as Antonio Rhodes, who’s a barber working in Long Beach — ran back into the building. Martinez got out of his car and tried to chase him, but the door was locked. Martinez wrote in his report that he could smell marijuana. He demanded that the door be opened, then ran to the side of the building.

The report says that, through an open window, Martinez could see Rhodes inside and witnessed him stash something next to a white trash can. Martinez returned to the front of the building and pounded on the door some more. Finally it opened.

He and Paez went inside, where they found a small waiting room full of people. There was no signage outside, and it was only then, the report states, that they realized they were in a dispensary. They ordered everyone out.

Another locked door led to a display room. Again, Martinez demanded that the door be unlocked. Once inside, he ordered the employees to exit with their hands up.

Martinez wrote that he could see “large amounts of marijuana in every room” and that they did a “protective sweep” of the building — finding three black handguns. Martinez’s report states that one was on Yang’s desk, where they also found his ecstasy pills. Then they discovered what the report described as Rhodes’ gun behind the white trash can. It was loaded. When they ran it through their system, it came back unregistered.

Read on for a story of false charges, and what appears to be the planting of two guns.…and more.

Posted in LASD, Medical Marijuana, Paul Tanaka, Sheriff Lee Baca | 10 Comments »

Longtime LA Sheriff’s Investigator Sues for Alleged Retaliation Over Refusal to Falsify Job Applications & to Campaign for Paul Tanaka

February 18th, 2015 by Celeste Fremon


DEMANDS TO FALSIFY EMPLOYMENT DOCUMENTS & TO SUPPORT A CERTAIN CANDIDATE FOR SHERIFF

A longtime background investigator for the Los Angeles Sheriff’s Department has filed a lawsuit alleging that he was severely retaliated against when he refused to falsify employment applications for unqualified applicants who were reportedly favored by then-undersheriff Paul Tanaka.

In the lawsuit filed last Friday in Los Angeles Superior Court, plaintiff Ban Nyegen, who has been with the sheriff’s department since 1996, alleges that, at the end of 2012, he began getting requests to alter LASD employment applications so that certain job applicants who “failed basic requirements” would be able to “pass through the background process.” Nyegen was reportedly told by a sergeant in the personnel bureau that the orders to falsify documents came from then-undersheriff Paul Tanaka.

When Nguyen refused whitewash documents for the specially designated applicants, he alleges that the applications in question were given to other background investigators, who were presumably more willing.

The lawsuit further alleges that, sometime after he refused the orders to doctor the background checks, Nguyen was approached by LASD Captain Kevin Hebert who asked him to support Tanaka’s campaign for sheriff and actively campaign for him. Again, Nguyen declined.

(Previously, WitnessLA reported in depth on a pay-to-play scheme within the department involving Paul Tanaka’s previous campaigns for mayor of Gardena.)

Subsequent to his refusal to agree to campaign for the former undersheriff, Nguyen’s complaint states that Hebert moved him out of his position as a senior background investigator to another far less desirable entry level position in personnel.

The complaint describes other retaliatory actions including the filing by Hebert of “an unwarranted internal affairs investigation against the plaintiff.”


NGUYEN GOES TO BACA WHO DECLINES TO INTERVENE

Near the end of 2013, according to the lawsuit, Nguyen told then Sheriff Lee Baca about the demand to “lie about or conceal damaging background information concerning Tanaka connected applicants,” and the retaliation that occurred when he would’t comply, or support Tanaka’s political campaign. Rather than helping matters, the lawsuit reports that after Nguyen went to Baca the retaliation got worse, and he was warned by another captain, Judy Gerhardt, that “he was not allowed to go beyond the chain of command again with his complaint, and she refused to transfer plaintiff out of the hostile workplace.”

(Note: by August of 2013, Paul Tanaka had been forced to retire, but reportedly he still had much behind-the-scenes influence in certain quarters, long after that.)

Nguyen alleges that, as part of the retaliation for his having reported to Baca, he was required to fill in as a bailiff at various court locations six times a month, and was given make-work projects by Captain Gerhardt “that prevented him from being able to do any meaningful work,” according to the lawsuit.

Eventually, the work-place stress got to Nygen and he took a medical leave

And in November 2014, of course, Jim McDonnell defeated Paul Tanaka for the office of Los Angeles County Sheriff.

Sheriff McDonnell was sworn in on December 1, 2014, with a strong message of reform.


RETALIATORY PATTERNS

Nyegen’s lawsuit has many things in common with other reports by department members who have alleged to us, and in still active lawsuits, that refusal to go along with wrongdoing, or any attempt to report alleged departmental wrongdoing, resulted retaliation. With some people the retaliation included unwarranted internal affairs investigations and, in certain cases, physical threats.

According to the reports we have received most recently, in some cases the retaliation is still occurring.

Posted in Jim McDonnell, LASD, Paul Tanaka, Sheriff Lee Baca | 17 Comments »

4 LA County Sheriff’s Deputies Suspect of Theft and Bribe Taking…CA Poor Often Given Cut Rate Legal Defense, Report Finds….Will There Be Fed Indictments for former LASD Top Brass?…& LA Press Club Award to Charlie Hebdo

January 13th, 2015 by Celeste Fremon



FOUR LA SHERIFF’S DEPARTMENT MEMBERS INVESTIGATED FOR THEFT AND BRIBERY ALLEGATIONS

Four members of the Los Angeles County Sheriff’s Department have been relieved of duty without pay pending the outcome of a criminal investigation into reports that the four engaged in a scheme of thefts and bribes regarding towed vehicles or vehicles about to be towed.

According to a statement released by the LASD on Monday morning, the department became aware in December 2014 of evidence that three deputy sheriffs and a parking control officer were implicated in individual incidents of theft from towed vehicles or accepting cash from vehicle owners to avoid towing and impounding of their vehicles. All four of the department members relieved of duty worked out of Century Station located in Lynwood.

As of now, department investigators do not believe that any additional personnel were involved in the alleged theft and bribery.

“As a law enforcement organization, it is imperative that we earn the public’s trust each day,” Sheriff Jim McDonnell said in an email that went to all department members. “Acts such as those described above tarnish the badge all of us wear and erode the confidence the public has in law enforcement.

“We will respond swiftly and resolutely whenever acts of this nature come to our attention,” McDonnell continued. “We must demonstrate to the public and to our own Department family that conduct which violates the public trust will not be tolerated. In doing so we also reaffirm that the vast majority of our personnel perform their duties in an exemplary manner.”

The department is pointing to the announcement of the investigation as evidence of a new policy of transparency.

Those department members—working and retired—we spoke with about the matter on Monday said they appreciated the strategy.

“It sets a good tone,” said one retired LASD lieutenant. “It says the department is no longer going to tolerate this kind of nonsense.”

(Los Angeles County Sheriff’s Department badge and patch photo above by Jaime Lopez, LASD)


ARE SOME OF CALIFORNIA’S POOREST CRIMINAL DEFENDANTS GETTING A CUT RATE DEFENSE?

In the 1963 landmark SCOTUS decision of Gideon v. Wainwright, the U.S. Supreme Court ruled that the assistance of counsel for a defendant who could not afford to hire a lawyer was a fundamental right under the United States Constitution. The court’s ruling specified that such legal assistance applied to the preparation for trial as well as the trial itself.

According to a new report by the California Commission on the Fair Administration of Justice, more and more of the state’s counties are cutting funds formerly allocated to provide lawyers for those in need of counsel—and many defendants are getting inadequate “cut-rate” representation as a consequence.

Karen de Sá of the San Jose Mercury News has more on the story. Here are some clips:

Counties are increasingly hiring legal firms that offer cut-rate representation by failing to spend money on investigators or experts that are needed for adequate defense, said the report issued by the California Commission on the Fair Administration of Justice, created to examine ways to guard against wrongful convictions.

“This is like a cancer within the system of providing indigent defense, and it’s spreading,” said Gerald Uelmen, executive director of the so-called Fair Commission, calling the spread of low-bid, flat-fee private firms “a race to the bottom.”

Traditional public defenders in the pay of the various California counties are generally okay, said the report.

But lawyers who are paid a flat fee for representation, the report said, may be tempted to cut corners on pretrial preparation and avoid going to trial to save time and money.

As a solution, commissioners recommend that the state Legislature establish a body to oversee the way counties provide representation to criminal defendants, and also recommend a law to ensure that funding for experts and investigators is separate from the fee paid to the lawyers in publicly funded cases.

The Fair Administration of Justice Commission report cited research by California Western School of Law Professor Larry Benner, who found that inadequate investigation is a recurring problem in cases in which convictions were overturned because of poor representation….

The new California-based report reflects other dismal reports outlining a national crisis in indigent defense that prevents a growing number of Americans from getting adequate legal representation when they most urgently need it.


ARE FEDERAL PROSECUTORS GUNNING FOR BACA AND TANAKA WITH NEW GRAND JURY SUBPOENAS?

For the last month or so we’d been hearing that various current or former members of the Los Angeles Sheriff’s Department had received subpoenas to appear in front of a federal grand jury, as part of an ongoing investigation into the events that resulted in the conviction of seven LASD members for obstruction of justice last year.

Moreover, several of those who were asked to appear were among the seven former department members who have already been convicted. Since all seven contended that the actions that led to their convictions were the result of orders that originated at the LASD’s highest echelon—namely from Baca and Tanaka—there has been much speculation that federal prosecutors are now hoping to indict some of those very former department higher ups.

Over the weekend, the LA Times’ Cindy Chang reported on the matter of the new grandjury subpoenas.

She wrote:

The questioning has focused partly on meetings where then-Sheriff Lee Baca and his No. 2, Paul Tanaka, discussed how to deal with the discovery of a cellphone provided to a county jail inmate by the FBI. In addition to the convicted officials, some current Sheriff’s Department officials have also received grand jury subpoenas.

Many in the Sheriff’s Department believe that low-ranking officials took the fall for following orders from Tanaka and Baca. Now, with the convening of the grand jury, it appears that prosecutors are attempting to target more sheriff’s officials after convicting seven last year for obstructing justice.

Of the seven, Gregory Thompson, a former lieutenant, and two ex-deputies, Gerard Smith and Mickey Manzo, are known to have testified before the grand jury in December, according to a source.

Brian Moriguchi, president of the L.A. County Professional Peace Officers Assn. (PPOA), the union that represents sheriff’s department supervisors, said that he knows of at least one more grand jury subpoena related to the obstruction of justice issue. But, he said, he has heard credible reports of still more such subpoenas.

So will there be new indictments?

When LASD Captain Tom Carey testified at the trials of the seven last year, he admitted that he was the subject of an ongoing federal criminal investigation. And, as WLA has previously reported, Carey was relieved of duty in December pending the result of an internal departmental investigation.

Tanaka also admitted last year to knowing he was the subject of a federal criminal probe.

Yet, despite much pestering on the part of reporters, WLA included, federal prosecutors and a spokesman for the U.S. Attorney’s office have repeatedly declined to comment on the possibility—or lack thereof—of more indictments, and will say only that the investigation is ongoing.

Still, the new grand jury hearings have fueled new rounds of speculation.

“Of course, many of us hope the government is going to reach higher than those who have already been convicted,” Moriguchi said. “But in the end all we can do is speculate. It’s hopeful speculation, but it’s speculation, nonetheless.”

NOTE: Chang’s story has more that you’ll likely find interesting, so be sure to read the whole thing.


LA PRESS CLUB 2015 AWARD FOR COURAGE & INTEGRITY IN JOURNALISM TO GO TO CHARLIE HEBDO

The Los Angeles Press Club announced on Monday that its 2015 Daniel Pearl Award for Courage and Integrity in Journalism will go to Charlie Hebdo.

“We are deeply honored. Of course, we’ll accept, said Gerard Biard, Editor-in-Chief of Charlie Hebdo.

“No act of terrorism can stop freedom of speech. Giving the Daniel Pearl Award to Charlie Hebdo is a strong message to that effect,” said LA Press Club President Robert Kovacik of NBC LA.

Since 2002, the Los Angeles Press Club in conjunction with Judea and Ruth Pearl, the parents of Wall Street Journal journalist Daniel Pearl—who was kidnapped in 2002 by Pakistani militants and later murdered by Al-Qaeda’s Khalid Sheikh Mohammed—have handed out the award to those who have displayed unusual courage in reporting.

Past recipients have included Richard Engel, the NBC correspondent who covered multiple mid east wars on the front lines, before being abducted in Syria in 2012, and Anna Politkovskaya, the Russian journalist/author who became famous for her reporting on the conflict in Chechnya, who was murdered in 2006 in the elevator outside her apartment in what was widely viewed as an ordered assassination to prevent her latest deeply reported story from being published.

The 2015 award will be presented by Judea and Ruth Pearl at a gala awards dinner held at the Biltmore hotel in Los Angeles on Sunday, June 28th.

In the meantime, Charlie Hebdo’s first cover since the murderous attack on its Paris offices that killed 12 people, will feature a tearful prophet Mohammed holding a sign that reads “Je suis Charlie.” The magazine’s headline says “All is forgiven.”

The magazine, which will go on sale on Wednesday, will reportedly print as many as record 3 million copies in 16 languages, instead of its usual 60,000.

The cover cartoon, which you can see below, was drawn by the weekly’s cartoonist Luz, who survived the massacre because he was late arriving at the office.

(Click on the Charlie Hebdo cover image to enlarge it.)

Posted in art and culture, FBI, Free Speech, Freedom of Information, Future of Journalism, Jim McDonnell, LA County Jail, LASD, media, Paul Tanaka, Sheriff Lee Baca, The Feds | 19 Comments »

LASD Deputy James Sexton Sentenced to 18 Months in Prison

December 16th, 2014 by Celeste Fremon


On Monday morning, former Los Angeles sheriff’s deputy James Sexton became the 7th member of the LASD
to be sentenced to prison for a conviction of obstruction of justice due to his part in a plan to hide federal informant Anthony Brown from his FBI handlers.

Judge Percy Anderson sentenced Sexton to 18 months in a federal lock-up, plus an additional year of supervision after he is released.

Sexton, 30, is a former Eagle Scout who was offered an appointment to West Point and recently got his master’s in public administration at USC. He was 26, and in the department for three years, when in August 2011, he was assigned by then lieutenant Greg Thompson, his boss on the Operation Safe Jails unit (OSJ), to participate in a complex scheme to keep federal informant Brown away from the FBI and other federal representatives with whom he’d previously been in contact. Brown was, at the time, part of a civil rights investigation into brutality by deputies against inmates in Men’s Central Jail, plus other forms of LASD corruption.

According to department higher ups, the hiding of Brown was for the inmate’s own safety. Sexton and his team members were told that the order to move Brown to various secret locations within the county jail system, through the use of name changes and computer manipulation, came from the very top of the department, namely from Sheriff Lee Baca and then undersheriff Paul Tanaka, who were briefed regularly on the operation that Sexton began unofficially calling Operation Pandora’s Box.

Judge Anderson gave Sexton the shortest sentence of any of the seven, stating that the deputy was “the least culpable” of the group. (Co-conspirators Greg Thompson, Steve Leavins, Gerard Smith, Mickey Manzo, Scott Craig and Maricela Long drew terms ranging from 41 months for former lieutenant Steve Levins, to 21 months for former deputy Mickey Manzo, after being convicted in July of this year in a trial separate from Sextons)

Sexton’s attorneys had pushed for a far lower six month sentence, or even probation with no jail time, pointing out that Sexton had repeatedly cooperated with the feds as a whistleblower in 37 different meetings, and had been convincingly threatened by department members once his whistleblower role became known. (Sexton was the only one of his co-defendents who was allowed by the judge to keep his personal firearms until his conviction this fall.) Anderson, however, was adamant that “the public” expected a sentence that did not trivialize the offense.

“The public expects that the police will not obstruct justice,” said the judge

At the same time, Anderson praised Sexton’s “loving family,” that the deputy “has respect of many in his hometown,” and was “smart and educated” and was “devoted to public service.”

Anderson paused, then added, “Obviously at some point he allowed the core values that had served him well to give way...to the corrupt values of the sheriff’s department.

Finally Anderson spoke directly to Sexton.

“Sir, you didn’t show courage in your misguided attempt to protect the LASD.”

While Sexton and his family looked both grim and saddened by the sentencing outcome, they seemed unsurprised. Sexton was found guilty in mid-September of this year of charges of obstruction of justice and conspiracy to obstruct justice because of his part in helping to hide federal informant Brown from his FBI handlers.
The September trial was Sexton’s second legal go-round for the same charges. His first trial, which took place in May of this year, resulted in a hung jury, that split six-six.

When questioned outside the federal court, Assistant U.S. Attorney Brandon Fox said that the sentencing of Sexton was not the end of the story when it came to pursuing civil rights violations and corruption inside the Los Angeles County Sheriff’s Department. He ticked off some of the trials of other LASD members that will take place in 2015. “This is the end of one chapter,” Fox said, “but we have many chapters yet to come.”

As to whether the feds are focusing on other department members for possible future indictments, Fox would only say “it’s an ongoing investigation.”

Fox also declined comment on the news that Captain Tom Carey, the former head of the department’s internal criminal investigative unit, ICIB, had recently been relieved of duty, pending an LASD investigation. Carey, who testified in both Sexton’s trials, was asked by Fox when he was then on the stand if he was aware that he was the focus of an ongoing criminal federal investigation.

Sexton will surrender to authorities to begin his sentence on February 2015. His six co-defendents are required to surrender on January 2.

Sexton reportedly has made plans to appeal his conviction.


Be sure to read ABC7 Lisa Bartley’s excellent account of Monday’s proceedings. Bartley has also linked to some documents pertinent to the sentencing including letters of support from such people as an L.A. County Deputy District Attorney, a retired CIA official, a Captain in the U.S. Special Forces, a Green Beret and the President of the Southern Christian Leadership Conference.

Posted in FBI, jail, Jim McDonnell, LA County Jail, LASD, Sheriff Lee Baca, U.S. Attorney | 36 Comments »

“A Civil War Has Torn the Department Apart” – New Los Angeles County Sheriff Jim McDonnell is Sworn In

December 2nd, 2014 by Celeste Fremon



“A LONG PERIOD OF UNCERTAINTY AND TRAUMA”

After a day of much needed rain, the weather had cleared and the city seemed once-again washed clean as, just after 2 pm on Monday, Jim McDonnell was sworn in as the 32nd Los Angeles County Sheriff.

McDonnell made his way up to the stage of LA’s completely packed Hall of Justice to the music of live bagpipes. The bagpipes are becoming a new tradition for the Irish cop who came to LA from Boston to join the Los Angeles Police Department nearly 34 years ago, then worked his way up the ranks until he was second in command to that other Bostonian cop, Bill Bratton. After being shortlisted for the job of chief twice, McDonnell left the LAPD to head up Long Beach’s ailing department. Now he is poised to lead the complex and spectacularly troubled LASD, the fourth largest law enforcement agency in the nation.

It is job for which many feel he is unusually well suited.

After the requisite welcome remarks were delivered by presiding LA County Superior Court Judge David Wesley, followed by an invocation by LA Archbishop Jose Gomez, and still more remarks from Supervisor Mike Antonovich, the main event arrived: LA District Attorney Jackie Lacey administered the oath of office to McDonnell. (Although most of LA County’s major elected officials would come to endorse him, Lacey was one of McDonnell’s earliest and most ardent supporters.)

Next, the newly-minted sheriff’s wife, Kathy McDonnell, along with Megan McDonnell, one of his two daughters, pinned the LASD’s six-pointed star on their man’s chest.

When finally was time for McDonnell to give his own speech. it didn’t take him long to get to the heart of the matter:

“This organization has been through a long period of uncertainty and trauma….” he said.

“I have seen the despair in many of you who sought to rise above the divisions and the turbulence of recent years.

“Many of you felt you were being asked to choose between what was best for the organization and what was best for a few people who were only trying to serve themselves.”

McDonnell paused for a beat, then went on.

“I am telling you that, as of today, those days are gone.”

It was the biggest applause line of the afternoon.

“You have been through a Civil War that has torn the department apart,” McDonnell continued. “Now is the time for us to move beyond past divisions and fractures, to heal, and to emerge as a better and stronger organization. Today, we have the opportunity to start fresh, to hit the reset button and to welcome in a new era at the Sheriff’s Department.”

For much of the speech, the new sheriff spoke directly to the department’s 18,000 employees, several hundred of whom had showed up in their dress uniforms to see the new guy sworn in.

“I want to be crystal clear about my expectations of you, as well as what you can expect of me,” McDonnell told them.

Then he ticked off some of those expectations:

* We will set aside disputes and factions of the past and focus, together, on our core mission and building our future.

* We will identify and build upon our strengths, and also be equally forthright in identifying – and working to address – our weaknesses.

* We know that Patrol is important, but so is Custody. We will treat Custody as an equally vital mission of the Department and respect this key aspect of our work, just as we respect those entrusted to us and in our care within our jails.

* We will welcome the watchful eye of our community and work with our federal partners to address past problems. We will embrace oversight as a mechanism to help us move beyond our challenges and to help achieve our shared goals.

* We will develop a culture in which career paths and promotions in the Department are the result of character, competence and compassion, as performed with a sense of humility and based on a foundation of respect.

* Everyone will be afforded a fair chance to succeed—and merit, not external considerations, will serve as the guideposts for success in this Department.

At this last, many of the rank and file who stood along the back and side walls of the hall looked relieved and actually hopeful.

Yet, some of department’s higher ups who sat together near the front, still wore expressions that were serious and difficult to read.

NOTE: You can find a full text of Sheriff Jim McDonnell’s speech here.

The LA public officials who filled the front three or four rows of the hall, however, were uniformly effusive.

“This is historic,” said former district attorney Steve Cooley. “He’s a very special person…. The right man at the right moment.”

LAPD Chief Charlie Beck agreed. “The right man for the moment.”


THE TONE COMES FROM THE TOP

There was a reception following the swearing in, but before he went off to socialize, McDonnell first took twenty minutes to field questions from the reporters who clustered around him on the steps outside the building.

When asked if he had talked to officials at the U.S. Attorney’s Office about whether there would be further indictments of department members—present or former—McDonnell said he had not. “I needed to wait until today in order to have standing.”

But he would be having conversations, he said—then brought up the still looming spectre of a federal consent decree. His goal would be to work as closely with the feds as possible “to make whatever agreement as productive as it can be.’

He answered questions about body cameras (he’s for them), and about the diversion programs he favors for many of the mentally ill inmates, whom he said comprise 20 percent of LA’s jail population. “Diversion is a critical element,” he said.

WitnessLA asked McDonnell how he plans to undo the pay-to-play, patronage culture that became so deeply entrenched in the department. McDonnell said the change would start right now, today, “by setting the tone from the top.” Department members, he said, are “looking for clear direction.”

As to whether there are parts of the existing command structure that he’ll need to dismantle:

“As I go forward, I want to give everybody a fair shot,” McDonnell said, adding that he and his team would also take “a hard look” to see if people are where they are supposed to be.

“We’ll take care of it on a case-by-case basis.”


LEE BACA WEIGHS IN

Former sheriff Lee Baca was also present at the swearing in. He sat in the front row with former California governor Gray Davis.

After the swearing in was over, Baca praised McDonnell’s speech, and chatted volubly about the challenges the new sheriff would face. Then, when when asked to reduce his advice for his successor to elevator pitch-length, Baca thought for a moment, then offered the following:

“Being the sheriff is very personal. It’s not just a professional experience. Its failures are personal. The key is to stay in the center of what is positive. A strong sheriff knows what pain is and can handle it.”

All photos by WLA

MCDONNELL OATH OF OFFICE SPEECH TEXT VERSION DELIVERED FINAL

Posted in Jim McDonnell, LA County Board of Supervisors, LA County Jail, LASD, Los Angeles Mayor, Paul Tanaka, Sheriff John Scott, Sheriff Lee Baca | 13 Comments »

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