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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

FIRST STEPS TOWARD TRIAL FOR TANAKA AND CAREY

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:

SUPPORT FAMILIES OF THOSE CONVICTED FOR FOLLOWING ORDERS

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.


A CALL FOR “SMART JUSTICE”

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.


“BE GUARDIANS NOT WARRIORS” SAYS HEAD OF JOHN JAY’S POLICE STUDIES PROGRAM TO HIS WOULD-BE LAW ENFORCEMENT OFFICERS

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….


THE HEARTBREAKING DEATH OF OMAHA POLICE OFFICER KERRIE OROZCO

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 FoxNews.com 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 FoxNews.com 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.

55 Comments

  • The union is out of line by asking its members to donate money to those guys. I understand the new sheriff wants to start fresh with no divisions among the employees like Tanaka had done, but to promote poorly qualified lieutenants to captains is not a step in the right direction. Forget for a moment lieutenant, now captain, Burson was/is a Tanaka loyalist who lived and benefited every minute of it, cigar coin in hand. He has no experience! Similarly, lieutenants Cater and McWaid, who both are in key spots as executive aides. Carter, the new Sheriff’s aide, has zero lieutenant experience and has been on Team Tanaka since he was a deputy at Lennox. McWaid, who remodeled Tanaka’s kitchen, begged his way into Tanaka’s favor and hasn’t done anything as a lieutenant except for handling the one special project, parolees. Look at the resumes Sheriff.

  • I could have told you Tanaka, Percy was going to get your case!!! You do deserve his biased rulings and his no law based ruling in favor of the prosecution. Tanaka your only hope is his almighty Percy’s rulings may get you an appeal. He is notorious for ruling based on anger and his self perceived God image. The state of California should be ashamed to have that man on the high court, but I am glad he is there waiting for you. I want to know because I have asked several times. Please answer this on a factual bases. Why is Baca not going to get indicted? Did he pay the FEDS off, or better yet the Prosecution? Why are all these being rolled over the coals and not him? You can’t say there isn’t evidence he was involved or lords know, CAN’T you get him on one of his other 10,000 felonies he has committed over the years?

  • The union asked you to donate, they aren’t making you. i know the salary the LASD pays these people they can’t afford attorneys and house expenses. You may say they deserve it, but do their children? These funds are there to help with their families and keeping a roof over their heads. I am not saying to donate to the person but to their children. I know one of these guys has a child that has special needs.

  • McDonnell is being led by his Command Staff who virtually all, are Tanaka loyalists. The selection of aides and promotion candidates are coming from the very commanders and chiefs who Tanaka appointed. McDonnell is clueless, it’s just as if Tanaka is still running the Department, perhaps he is. Sheriff, who in the hell are you trying to appease? You are being made a fool of with these promotions and aide assignments by the very people who surround you. We were all afraid of that.

  • Poorly Qualified, you are not kidding. Peel back another layer of the onion and you will find boatloads of captains, commanders, and chiefs who skipped ranks, did a New York minute on the line, and spent the bulk of their careers ass-kissing and boot-licking on the fourth and eighth floors. It’s a well travelled path, and those who are on the receiving end of all the attention did it themselves to get to where they are – they know how to recognize pure talent!

    If McDonnell wants to break this dysfunctional paradigm, he needs to start by creating standards for each rank, along with minimum requirements of experience on the line. We really don’t need any more Roosevelt Johnsons out there pretending they earned their positions.

  • On PPOA Website (at -http://www.ppoa.com/families2.php) Brian Moriguchi authorized the following (relayed in part) – “SUPPORT FAMILIES OF THOSE CONVICTED FOR FOLLOWING ORDERS

    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.”

    This is an interesting statement Brian Moriguchi.

    Let me be clear to your readers Celeste – this department in NO WAY supports “each other” (their fellow deputies), and we are most definitely NOT a family. NO ONE has ever looked out for the interests of any whistleblower (Tanaka) victim, so please stop with the empty rhetoric Brian.

    How about supporting the victims of Tanaka? Employee victims of the corrupt “Tanaka Machine” are, and have been for years, having difficulty earning a living and paying mortgages – as fallout from purposefully destroyed careers. In fact, how many of the last employee Federal Witnesses have been “run out” of the department – forced to quit their chosen career simply because they told the truth. These victims continue to suffer and are completely ignored by PPOA or anyone else in the LASD Executive ranks. Why is the LASD “leadership” and PPOA choosing to ignore this large group of constituents?

  • Hey Paul, Judge Percy wants your case and he has it! “Percy is notorious for rulings based on anger and his self perceived God image”. WOW that sounds like you Paul, you were always a poser from day one. Your testimony, your recordings of your FBI interview from Boot Agents, it had me in tears, thinking your followers believe you are hard core. I’ve had 14 year old gangsters pack their mud in interviews better than yours. Karma, she is a powerful B%##H..

  • In case some of you sports fan did not hear, the County of Los Angeles has provided attorneys for those currently named in the Anthony Brown civil lawsuit.

    This should give you a clear indication what COLA and LASD really think about the situation: we gave the orders and we are responsible.

    Again, I hate to bring facts into equation. There are over 100 “unindicted co-conspirators” in this case.

    You are going to have a hard time selling me this is justice for the Los Angeles County Jail.

    It is contempt of AUSA and the FBI though….

    Cherry picked defendants with a big government machine laying the railroad tracks. I wonder what it would like today if that goofy kid had listened to Dick Shinee? They probably would all be in PRISON.

    Way to go ALADS. Thanks for my Raging Waters BBQ and B2V invite. I am definitely getting my money’s worth.

  • @ Doe Inc.
    You hit the ball out of the park. Ditto for the back stabbers at ALADS.

    There are more divisions in LASD than a cracked sidewalk after a major earthquake.

    Why & how do you think LASPA started?

    I too, stand for Sexton who was shunned and burned by ALADS. So much for unity within our ranks. Brotherhood?…..That would be at the nearest monastery.

  • Thanks, Celeste, for honoring the sacrifice and memory of Kerrie Orozco. May we put aside the politics and shenanigans long enough to “Kerrie On.”

  • @ no’s 1,4 and 5, you are all so correct, and just wait to you see the next promotions comming out of Custody. Are you kidding me? Absolute boot licking knuckleheads that couldn’t lead a team of Deputies to the chow hall, let alone run a unit. To all the Custody Deps that continue to stay in Custody. Change your mind and don’t walk, RUN and RUN fast. You are being led to the slaughter.

  • “Support each other” Really? How is this for support. Nov14, 2013- Steck turns on Hayhurst by securing vote to nominate Armando Macias as Prez of ALADS. Approximately 120 days later, Steck then turns Judas on Macias by illegally voting him out. Four months later, he teams up with ICIB (led by Hayhurst) to file criminal embezzlement charges on Macias and ALADS V.P. Bruce Nance. The D.A. sees through the Felony of Haterism and refuses to file. Pissed off by getting “goose eggs” Steck then files a civil case. (Mind you that the deputies dues have paid over $250.000.00 for lawyers). This department along with ALADS is NOT FAMILY. They lie, cheat, steal and act like they’re superior to each other. What a mess. That’s why I’m at LASPA and loving it.

  • I support the seven. Yes, I have donated, they all have families that need our help. So, who’s studying for the new Sgts exam, should be in December. I can’t wait to take it. And while I’m studying, you know how I’ll be doing it, that’s right, on duty, sleeves rolled up, ink showing, and chewing my favorite tobacco product. You don’t like it, come and git me.

  • 2 out of 3 deputies had a supported defense by ALADS. Dick Shinee doesn’t believe in whistleblowers or firms that don’t pay taxes to him.

    So we spend money to fight our own…. Yes folks, our union is spending money to litigate against a dep who was not covered based on Dick Shinee technicality.

  • #17 – Not only does Dick Shinee not believe in protection for whistleblowers – (FACT) he would meet with (then) Undersheriff Larry Waldie to determine an employees fate – long before the victim employee ever was heard at the first level of a grievance. But this “negotiation” by Dick Shinee was done without the victim employees’ knowledge, and was done outside of the victim employee’s presence. How could this have been legal?

  • Finally the brutal truth is coming out about the ineffectiveness of ALADS. Macias had blueprint for change, until they booted him out.

    Yeah they didn’t like him especially Floyd Hayhurst, because Macias called them out on their bullsh*t. Can’t wait until his trial date comes up.

    The financial picture involving ALADS should be interesting to hear. I’ll bet anyone that when members view transcript of ALADS court case, they will ask for an explanation and a drop slip.

  • Hey Mr. Gooey, I read your non-sense propaganda. If as a CA you feel you are treated as second class and less than a Deputy, thats becasue of your work ethic. I have worked with many CA’s that could have and should have become sworn, but for whatever reason they chose not too. And guess what, I will take them as a partner anytime because they dont run around crying about the job. They roll up their sleeves and get the job done. And yes they probably are working out of classification but they are not afraid to do so. You want to leave PPOA, then go, but don’t pass B.S. information out to the hard working first class CA’s that do the job.

  • After you check out nomoreppoa.com, check out 621strong.com for the truth. Than Google Sharpton and ASFCME and learn how ASFCME donates 100s of thousands of dollars each year to support the Rev Al Sharpton’ anti-police rants! The dollar you give AFSCME today is the dollar that may be used against later should you have the misfortune of taking an inmate or suspects life tomorrow! Think twice about changing!

  • I agree that you guys make some good points and the “cancer” who goes by the name Dick Shinee. Now, lets go down there and take back our union. Keep in mind that the whole Board appears to be in a Dick Shinee induced comma!

  • @ All deputies at LASD
    Latest update is that ALADS wants to reach out to LASPA…….Why now?
    ALADS now wants to hear what deputies have to Negotiations……again……why now?
    ALADS…….How about listening to deputies 24-7 and not when you are being ignored by the Board of Supervisors, the same way you ignore deputies.

    Rumors abound that ALADS President Jeffrey Steck scoffs at deputies on the Custody track who wants to become a representive and eventually run for a seat on ALADS Board of Directors. Really…….is that so?

  • @ 21 Handicap > You need to get off the Al Sharpton kick.

    AFSCME will do what they do WITHOUT Al Sharpton.

    Your repetitive rhetoric does not pass the litmus test.

  • I think 621 members should know that AFSCME is an ardent supporter of the anti-police Rev Al Sharpton. That they pay his salary at the National Action Network with AFSCME members dues. It is the truth and certainly is valid info for the discussion as AFSCME 36 conducts a raid on PPOA to replenish their bank accounts.

    What I have noticed are attacks on PPOA, some valid most are not. I also noticed personal attacks specifically on Brian Moriguchi, without substance. I noticed and attempt to link PPOA to the disarray at ALADS.

    I took the time to see what is going on at AFSCME by reading their own website. They have paid staffers looking for targets of opportunity for organizing. Than I checked out their latest efforts at organizing by checking out news stories. Organizing for AFSCME means raiding other Unions. So my comments about AFSCME do pass the litmus test for most who engage in a thoughtful review of the evidence.

    AFSCME is one of Rev Al Sharpton’s piggy banks. It is straight forward. Do you want a portion of you membership due to go to Al Sharpton? If yes, join AFSCME!

  • Newsflash ☆Los Angeles County Pharmacists Union ☆ has switched to AFSCME.

    Los Angeles County Custody Assistance are next. Now go cry me a river.

  • Handicapper your days as a 621 board member are coming to an end buddy! Your same rhetoric is mirrored on both nomoreppoa.com and 621weak.com! Check it out the last website does exist lmao!!!!! The hammer is going drop on your bone heads watch and see! Now let me get some popcorn and watch the show!!!! Cheers

  • And I am sure, just the the ADDA’ Union, the pharmacist will come to regret the move. The Assistant District Attorneys Union just left AFSCME. Now go cry me a river.

  • The union is asking for donations for the convicted felons?…. lol no thank you!!!

    If these ICIB investigators were brazen enough to be “yes men/women” then I can certainly assure you that screwing innocent deputies was also a part of their sketchy resume. How many innocent deputies have had their lives ruined by investigators such as these who were asked by brass to manipulate evidence to “make it fly” just to discharge a good cop for a PR move on the departments behalf. I guarantee you investigators such as these NEVER had the guts to stand up to the brass and protect an innocent cop when they were asked to “dig up dirt” on a potentially innocent dep. These pompous “untouchable” ICIB investigators just got a good dose of karma!! Don’t give them a dime. They certainly wouldn’t do it for you.

  • Handicapper stop smoking that pipe stuffed with ignorance!!! Your such a dimwit!! And stop scaring your Ppoa members from leaving !! Last time I checked there wasn’t a red communist flag flying outside!!! I know you will be miserable without the free
    Meals and cheap gifts you get. Time to put your stretched out Ppoa polio shirt away buddy!!! Your not relevant nor where you ever! Cheers!!!!

  • Mr. Karma, there is much truth to what you say, it is not limited however to ICIB. IAB has routinely railroaded deputies, sergeants, and lieutenants who were not “in the car” and made up cases, or cooked cases to a predetermined outcome, regardless of facts. They don’t investigate cases, the executives decide the member’s fate beforehand, and investigators (if you can call them that) then selectively eliminate any witness who does not favor the predetermined outcome.

    They rationalize it, and executives hide behind it, by claiming the “preponderance of evidence” showed the member’s conduct was against a specific policy or the generic catch-all sections of policy. When these cases get to civil service, a neutral third party asks the department about the preponderance of evidence, and all of a sudden the truth comes out: the department used three facts to justify conclusions, but ignored the mountain of evidence that points to exoneration. That is why the department routinely loses in civil service when they have the burden of proof. They know they are going to lose, but they stretch out the case for a few years, make the member suffer, and get their resumes padded for promotional consideration.

    It’s all about being a good company man. Just ask the many former IAB and ICIB sergeants and lieutenants, who are now captains and commanders, how that worked out for them. Karma’s a bitch, however, and sooner or later it will catch up to them. Anybody who played this game, advancing their careers off the backs of honest deputies, are lower than the scum we ship off to prison, and should be on the bus with them heading north.

  • Thanks Gooey,
    I can always count on a reasoned discussion with you. Here’s another fact for 621 members. AFSCME International President is a board member for the National Action Network, Al Sharpton’s non profit. Talk about a pay for play scam.
    – AFSCME has given millions in member dues money to Sharpton and NAN.
    – Sharpton makes a six figure salary as head of NAN, (members dues).
    – unions pay for access to Al’ radio and TV show, this has been reported in the news.
    – The NAN Board as the governing body drives the anti-police agenda.
    – Lee Saunders, AFSCME President, is on the board of NAN.

    621 Members should know where their money will go if they join AFSCME. A portion will go to NAN and Sharpton. A dollar in dues money you pay today to AFSCME, maybe a dollar used against you or some other law enforcement Union member later. This really is not about Sharpton, it is about the judgement and leadership of AFSCME.

  • LATBG: Hmmm, mmm, ouch! I agree with 99.9% of your past WLA posts and have found your well-articulated department observations very similar to mine. But with all sincere respect, I take issue with some of what you wrote about IAB investigators. I worked there many years and handled and/or worked on a few hundred cases. I am not aware of any railroading having occurred, let alone routinely, of any employee, by an IAB investigator. Were we cogs in the administrative investigative process? Yes. Did we decide to dirty someone up or clean them up based on their affiliation with some executive? No. Yes, executive interference did occur on at least a couple of occasions I’m painfully aware of as far as limiting who would be interviewed as witnesses. In those few cases, it came from the Sheriff’s or U/S’s office via our captain or OIR, but it was, at least in my experience or to my knowledge, never something an investigator decided. To the contrary, my job was to gather the facts, be it interviews, reports, photographs, video and audio recordings, physical evidence and involved party interview statements. Many times the reviewing lieutenant, captain or the subject employee’s chief, would direct additional witnesses be interviewed or additional questions be asked. Perhaps the manipulations you were referring to were actually done at the Division Chief, A/S and/or U/S level, but in all sincerity, IAB sergeants were worker bees, not sculptors of a case’s outcome. I agree the system was/is flawed, but to say the investigator had the power to sway the outcome of a case, to push the pencil, particularly routinely, is way off base.

  • #33… truer than you know. I can’t comment on recent promotions, ALADS, PPOA, because I have no personal or first hand knowledge, but much of what you say, courageously, by the way, hopefully will add the ground work for a reformed organization. And yes karma is a bitch and she is on a roll. good luck to you honest survivors.

    O’B

  • LATBG: You are so right my friend….and to just prove your point, the following is from a former IAB Investigator.
    So Much for Core Values!

    InterestedParty Says:
    April 27th, 2013 at 4:17 pm
    I too was assigned to IAB, and 11-Boy, with all due respect to your #63 post, I must state my different experience with Executive interference in two very noteworthy cases of mine. One case involved a sworn supervisor assigned to 4th floor SHQ. A day or two after I was assigned the case, my captain informed me a directive came down commanding that several people I identified as witnesses for pending interviews would NOT be interviewed — that the subject would be my only interview and he was going to sit without representation and admit the allegations. I was also told my captain would replace my regular partner who would typically be sitting with me on the interview, and all questions to be asked, had to be pre-approved by my captain. In that same case, I advised this same IAB captain another higher ranked sworn employee needed to be named a subject – I was again told, “Cmdr. —- said you only have one interview.” The subject received minimal discipline and transferred directly to another coveted assignment. In the second case a few years later, during the first of multiple meetings with my captain and OIR regarding this case which involved multiple subjects, when I stated a particular sworn manager needed to be added and interviewed as a subject, I was told, “The Sheriff loves the guy, so no, that’s not going to happen.” Both cases were high-profile, high media interest cases and yes, there was interference and intimidation from above. Both of these cases occurred during the Baca Years. One might suggest, “Grow a pair, and tell your captain you’re not handling the case,” or do something heroic so the Sheriff and his princes know who’s in charge. The reality? Lee Baca and Paul Tanaka were then, and are now, in charge and they call the shots. Loyalty over merit promotions and loyalty over integrity actions equal the mess the Department is in.

  • Sorry Interested Party, but your post offers unique insight into the actual events that occur with regularity at the Internal Affairs Bureau. Something we all have suspected, but could never prove!

  • Bandwagon: No apologies required. The April 2013 post of mine that you are apparently so fond of cutting and pasting, out of context, was in response to 11-Boy’s post of his very different experience from an era at IIB years prior to my arrival at IAB. My post yesterday was in response to an individual whose contributions to this blog I respect. In his most recent post, I found some of his conclusions and comments about IAB investigators misguided. I wanted to add my experiences that I had hoped would dispel some of the ill conceived comments. I don’t speak for all of the investigators who have ever worked at IAB, and my posts are based on my experiences.

  • Interested Party: Sorry, but you were much more than a “cog in the administrative investigative process”. Your participation clearly contributed to the corruption and abuse of power within the Department. You were obviously put between a rock and a hard place…but ethically made the wrong choice. I thank you for your honesty.

  • Interested party, I will give you this. Routine investigations that are generated from normal business activity and handled at face value by investigators should hold up to the smell test, I agree with you. That most investigators are honorable and ethical in the conduct of their business, I will also agree. You speak from personal experience, but so do I, so I guess we’ll call that a push in Vegas.

    The funny thing though, is if what you say is true, then the tract record of IAB and ICIB at the Civil Service Commission and the Employee Relations Commission would be a lot better than it is. Perhaps some of your peers and predecessors are or were more willing to bend the truth to accommodate wishes from above, or the job attracts a certain type of individual with career ambitions? I don’t know the answer to that, but the problem does exist, and the ramifications are enormous.

  • Interested Party. Those are your written words, not mine. I cut and pasted them exactly as you wrote them. And yes…I do occasionally feel the need to share them when it is pertinent to the conversation. I wonder how many other IAB investigators made similar unethical decisions……just saying….

  • The men and woman of this Department deserve to know the Internal Affairs Bureau will conduct fair and impartial investigations, free of political or executive interference. Obviously, that has not been the case in the recent past. Hopefully, with the addition of IG Huntsman, a check and balance will now exist and prevent future such abuses.

  • #18 DOE INC, regarding Dick Shinee, you state it’s fact. Now I’m not a Shinee supporter and truly feel he only takes on cases that are beneficial to him. I don’t believe he has deputies best interests in mind. I feel he needs to go. I have no facts to give to support my view on Shinee.

    If what you say is true, can you give us facts to support your statement? It would benefit all of us. Or can you at least provide these facts to the ALADS board and name which board member was notified?

  • Frank Murphy……The main culprit and the most sneakiest was Floyd Hayhurst who was always in direct cahoots with Dick Shinee.

    Fact……..Hoffstetter was the #2 man (next to floyd) in to muddy the waters when it came to represent Sexton in Pandora’s Box Caper. He is a Hayhurst minion.

  • @45 – Frank – The PPOA Board member involved was John Stites. At that time, and for some unknown reason, Dick Shinee was supposed to represent a PPOA member. (Ref. June 2005 conversation with PPOA President John Stites)

  • @Bandwagon

    You hit the nail right on the head my friend; minus the fact that the department loses in civil service the majority of the time. Yes its true, the department has the burden of proof. But if you think that its going to get in the way of their agenda to discharge an employee, guess again. If you visit the Civil Service website you will see that more than 90% of cases end up in favor of the departments discharge and maybe 6-7% are “partially sustained”. The small percentage of deputies who win literally have to PROVE that the department lied and have to make it impossible for the hearing officer to recommend otherwise. I have even heard of cases where the hearing officer recommended that a deputy be reinstated and the commission still votes to discharge. Civil Service hearings are a joke. The game is rigged and the table is tilted in favor of the department. In Civil Service hearings the appellant has the burden of proof and that burden is MUCH higher than the preponderance (even though the rules say otherwise).

    The department will manipulate evidence and try to make chicken salad out of chicken shlt anyway they can. They use tactics like not interviewing witnesses who don’t favor them and “misplacing evidence”. Then they will gather just enough to discharge you and(just like you said) they will drag you through the mud for a few years just to make you suffer.

    With that being said, its hard to believe that IAB and ICIB investigators have no say in which direction a deputy’s case will head. If they truly had respect for the badge they would also have the mental fortitude to tell their bosses that they will NOT omit anything that favors either side. But sadly IAB and ICIB cases in LASD are determined by who you know and who you blow.

  • @49 Mr. Karma, great information on the Civil Service Commission. I have heard stories about their tactics and recently witnessed one for a former department member.

  • Mr Gooey
    You never deny anything I write, just call me names and in this latest post suggest PPOA does not spent members dues on members. So no denial that AFSCME has give millions of dollars in dues money to Rev Al Sharpton. No denial the Lee Saunders,the international president of AFSCME sits on the board of Sharpton’s anti-law enforcement non profit. The last AFSCME President’s final years pay was over one million dollars. Yes in 2012, AFSCME paid its international President over one million dollars. That money came from members dues!

    In the states of Michigan and Wisconsin, the birthplace of AFSCME, the legislature passed laws removing the requirement that Govt employees pay unions for representation. In Wisconsin alone, AFSCME lost 40,000 members or two thirds of its membership. If they were doing such a good job why would so many members drop. But for the international, to which all locals, including the local in LA, contribute, the losses were devastating. Their solution is to raid other unions to replaced the last revenues.

    621 members should know where their money would go it they join AFSCME. It would go to bloated AFCSME salaries and Al Sharpton.

  • Civil Service Commission… Employee Relations Commission…. Commission is interchangable with Politics… Civil Service Politics…. Employee Relations Politics…. Each Board of Supervisors Politician appoints one of the Commissions Board Members….the hearing officers have contracts for their pay with the BOS…. Hearings can take YEARS to go though….they assign a day here and a day there,,, not uncommon to get only several days schedule in a years time…. not just discharge cases…even much lesser discipline…. And like previously stated…the Board Members aren’t bound by the hearing officers recommendation… And if you think the BOS Politicians…and the elected Sheriff Politician aren’t making their thoughts and input known to the Board Members… I have some prime swamp land for you…. These hearings are a pathetic, EXTREMELY ineffective, KANGAROO, POLITICALLY based and influenced, designed to the County’s benefit. JOKE isn’t a descriptive enough of a word.

  • Hey Handicapped.
    ALADS gave B.O.S. Mark Ridley Thomas $1Million dollars to his campaign fund in 2012. Asked by a ALADS member, what will that get us? Floyd Hayhurst turned red and responded….. “It will get us (ALADS) a phone call.”

    We split our sides laughing at that clown. AFSCME can’t be any worst than that.

  • Mr. Karma, I’ve been to the Civil Service website myself, and what you say at face value is not too far from the truth, but it is more complicated than that. For one, the department has the burden of proof on disciplinary cases, period. It’s on the discretionary cases that the burden switches to the petitioner.

    The point I made has to do with the bullshit cases cooked up at IAB and ICIB that are politically motivated, retaliatory acts, and general departmental skullduggery against members management doesn’t like. Those are the cases the department routinely loses when they are inspected up close by a third party, even the hopelessly biased Civil Service Commission. For the run of the mill discharge and major discipline cases that involve undisputed facts, such as felony arrests, convictions, and so forth, those are slam dunks that are easy to sustain.

    What the Civil Service Commission left out of their report is the fact that discretionary cases get rejected about 99% of the time by the commission, which literally means management is never wrong in the eyes of the commission when they make promotional decisions. You tell me how realistic that idea is. Particularly when the petitioner has the burden of proof, but the department can conceal all the evidence they have in their possession.

    You are right, it is a kangaroo court, designed primarily to give an appearance of due process.

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