The LA Times scored a victory in court for the First Amendment on Tuesday after ALADS—The Association for Los Angeles Deputy Sheriffs—filed an emergency motion to prevent an LA Times reporter from publishing information from department members’ background screenings.
One presumes that most of the screenings are a part of the hiring process. And while there are some privacy issues to consider, since the Times and others have reported on possible irregularities in the LASD’s screening and hiring process that may have, in certain instances, allowed people into the department who are not suited for law enforcement, it is understandable that a Times reporter would consider the screening material important.
The LAT’s Victoria Kim has the story. Here’s a clip:
The Assn. for Los Angeles Deputy Sheriffs filed an emergency motion against The Times and a Times reporter Tuesday morning, alleging that the reporter unlawfully possessed background investigation files containing personal information of about 500 deputies.
Los Angeles County Superior Court Judge Joanne O’Donnell denied the union’s motion, writing that the union failed to present “the evidence most critical to the showing of irreparable harm or immediate danger.”
“The court declines to issue [an order] imposing a prior restraint on defendants’ free speech based on the speculative hearsay testimony of anonymous witnesses,” she wrote.
Attorneys for The Times had argued that prior restraint, or restricting speech before publication, was a grave infringement of the 1st Amendment. The attorneys said prior restraint has been considered unconstitutional by courts except in extraordinary circumstances such as troop movements in wartime or to “suppress … information that would set in motion a nuclear holocaust.”
[SNIP]The newspaper’s attorneys also wrote that the union had no basis for seeking an emergency order, noting that The Times has published other stories based on information from employment records in the past.
The Times has reported since last October on the department’s hiring of employees who had personal ties to top officials or Sheriff Lee Baca despite histories of violence and brushes with the law.
In August, the Sheriff’s Department announced in a news release that it had launched a criminal investigation into an apparent leak of personnel information to a Times reporter….
People giving information or reference letters during a background investigation did so as confidentiality was promised. If people realize that comments good or bad that they make about a candidate can end up in the LA Slimes or other papers they may not be candid. Nobody doubts hiring practices went downhill but opening these files to the media can cause a greater problem.
I totally agree with “tomv.” Also, how was this info obtained? What will it be used for and will it be used responsibly, or will the personal info be thrown out there for the world to see and the individuals be forced to deal with their privacy invaded by those who hate Cops. That, I think is the biggest concern.
This is where I have a problem with the media. How would this reporter like the possibility that all his personal information was being held by someone who may or may not post it for the world to see, especially those who hate the media/reporters!
Go ahead and air the department’s wrong doings, but not at the risk of the privacy of individuals and their families.
Not surprisingly there are some missing words to describe the material in question in the Times article and in this article: STOLEN, UNLAWFULLY disclosed, PRIVELEGED. No discussion whatsoever about how they got the files was offered.
Shocking, I say!
Mr. j for Sheriff
It’s time folks. It is time that everyone within LASD make a decision. Are you going to be a closet supporter or are you going to do the right thing and come out for someone who you can be loyal to? If you support Lee Baca, than it will be 4 more years of the last 16. If you support Tanaka, it will be 4 more years of the last 8. If you support Olmsted, it will be 4 years of fresh air, honesty and integrity. This is the time to do the right thing. ALADS members, your “leadership” has “been told” who they are going to endorse and I do not think it is in YOUR best interest. ALADS is a union and their charter is to represent YOUR best interest, not theirs. “You owe me,” is bullshit. ALADS members, YOU TELL YOUR LEADERSHIP what you expect of them, not the other way around. Do the right thing, make it happen OR live with the consequences.
ALADS supporting Tanaka is a NO BRAINER. Paul Tanaka always supported the deputies in doing their jobs, and the rank and file LOVE him. It is what it is…..
ALADS supporting Tanaka….that leaves all the hard working deputies from the now former FOR I and III out in the cold and not “taken care” of. What about those hardworking deps not “fortunate” enough to have worked in said FOR II?
I’m sorry, it will be more of the same practices that brought us to this point if Mr. Tanka wins.
Just my opinion…and you know what they say about those…..
“The rank and file LOVE him” Too bad half of the rank and file don’t live within LA County thus can’t vote for their choice for sheriff. Unfortunately the rank and file argument is a lame duck reason and moot point. The public, board and powers that be sure as heck don’t care what the rank and file want. The “rank and file” has been painted as a bunch of thugs and mindless idiots thanks to the media. The winner will be the candidate who spends the most money and puts on the best show. Period. You think deps in significant numbers are going to go stumping for a certain candidate? Remember how fun it is to try to get deputies to fill a draft?…. and that’s for pay. Couple that with the current “off with your head!” climate and liberal slant of L.A.
This does pose an interesting question: does the end justify the means?
A department mole in Personnel stole background files and provided copies to the LA Times. Yes, there are those pesky laws that prevent such disclosure without a court order (P.C. 832.7 and G.C. 1043 et. seq.) but that’s not important – there’s an upcoming election to influence.
So, how much lower will the Times and Witness LA go to push their agenda?
Time will tell…
We need to get back on point about these files. I will add that ALADS or PPOA would be foolish to endorse anyone at this time.
These files, we can predict, are files of those questionably hired by Baca and Tanaka. Who knows maybe these files go back to the time when Stonich and Waldie rammed through their favorite politicians and family! Those who were turned down would have a good civil case if these files show that certain candidates were turned down while other less qualified candidates were hired! The cost be in the MILLIONS! I should have gone to law school!
There would not any reason to publish names of families and or friends unless these families and friends are lackeys of Baca and or other nefarious people!
Lastly, there would be no point of leaking out 500 files of our best hires, now would there? It’s going to be all bad!!
Go Gomez! Go Olmsted!
This is huge! The Times will walk on a fine line regarding the Info they have. Names won’t come out but I guarantee you info regarding applicants arrests,drug use, relatives on dept will. The majority of captains and up have multiple family members on the department and in conveted positions. Many of them were “cradeled” and looked out for because of who they were related to. The next question we must ask is what is going on at Personnel? The Sgt test cheating scandal that is quickly getting swept under the rug after their is evidence that Department Supervisors gave the answers to chosen deputies. And now with today’s JDIC that reads they want to mail everyone’s scores this weekend. What a slap in the face. What a complete embarrassment.
@ “Doing My Time”: I have not heard who ALADS is supporting, but I agree with you and have to believe there are plenty of “rank and file” who “do not” support Tanaka. They need to be encouraged to speak up! I’ll do my part and you do yours, and hopefully the ALADS Directors will remember who elected them and that they can be replaced. But it’s going to take the “silent many” to get involved!
ALADS and PPOA should pool some money and get a very detailed background on the Slimes reporters. Publish all their horsepower for all to see. No criminal or dmv checks just all public records stuff…….address,age,phone number etc. Turnabout is fair play
#10 and #11. Did you all forget confidential personnel files in the past and currently in specific units have disappeared and/or hidden some where else?
If the department really wants to bury something (majority of the time it happens) with a few exceptions….it will be BURIED!!!
I have heard quite a bit from deps last week regarding how sgt. scores will be mailed and how nothing will be done about the cheating scandal. No wonder so many sworn bought their ARC time. I don’t blame them one bit.
IM: True that files have either been missing or just plain destroyed. We will never know the depth of how low Baca and others have taken our Department.
Take a glance at Tanakas recent Facebook/Press Release indicating how many current LASD Captains are endorsing him. Go down that list and look at where these Captains came from, Lynwood, Century and Lennox. Is that not indicative of Tanakas cronyism? That slaps you in the face. Everyone one of them has a coin in their pocket and a front row seat in the cigar lounge. You hard working blokes from other areas in the County better take notice of this and you better think hard about backing this phony SOB!
The boards of ALADS and PPOA do not endorse candidates. They put these decisions out to a vote of the membership. What these boards do decide is when that vote occurs. Don’t expect these votes until they matter. That won’t be until next year.
If either membership goes against the Sheriff, which is highly likely, that hurt the unions working relationship with the Sheriff. Why do this damage any earlier than is necessary by making an endorsement that will go largely unnoticed by the public because the actual election is still so far off?
What is more likely is that either ALADS, PPOA, or both, will attempt to host candidate forums. If and when these occur, don’t expect the Sheriff to attend. There is no upside for him. He will be the empty chair in the room.
Let’s hope that the candidates will do a better job against that empty chair than Clint Eastwood did last year.
This is just great. For my entire career, I tried to keep my family information confidential, fearing that some creep I arrested would come around and harm them. That, of course, was blown out by the internet, as you can find anyone for a fee. Now, anybody who recommends a person for the Department is at risk as well. Brilliant.
Stuff, you got it right! Here is a list of the rogue’s gallery:
Captain Kevin Hebert
Captain Chuck Antuna
Captain Crystal Miranda
Captain Robert Tubbs
Captain Louis Duran
Captain Chris Nee
Captain Duane Harris
Captain Merrill Ladenheim
Captain Jim Ritenour
Every single one of them holds that rank exclusively because of the patronage of Tall Paul, and they are evidence that merit has taken a backseat to cronyism. How many of them would have attained their current rank if their lack of qualifications, poor leadership, scandals, and inability to excel in tests without “help” was actually considered?
The sad thing is their current position, particularly Hebert’s, has permitted Tanaka to exert undue influence over the entire department, even from retirement. On the bright side, the Tanaka campaign has had to resort to writing fictitious pieces that look like news clippings but are not. “Newsroom?” That is hilarious! I wonder when the Tall Paul campaign will realize that not a single news organization will consider him anything but an entertaining freak show?
Running for public office is incredibly different than it was when Baca was elected 15 years ago or even 4 years ago. Today voters have so much access to information. Most of us carry the Internet around with us via our smart phones or tablets. I don’t need a Captain or union to influence my vote. Myself and members of the voting public will simply google information on candidates and make a decision. With another Deputy arrested this past week and taxpayers footing the bills for large settlements, Baca and Tanaka chances in 2014 are diminishing quickly.
I heard that Tanaka was doing an interview with a reporter when all of a sudden the journalist says, “There seems to be quite a bit of controversy about your Viking tattoo, which you have admitted to having. Why don’t you allow me to see it and put this all to rest.” So it was alleged Tanaka stood up and stated, “This interview is now over,” and he walked out. I am told there are a couple of television channels and the Times along with the Times Editorial Board plan on doing the same thing.
#20, your right regarding information via internet from 14 years ago. With the information provided above from #18, one has to wonder how this entire election will play out. The general public is sick and tired of deputies getting arrested for criminal activity and paying money out for civil lawsuits.
@#21 “I heard”.
Seriously? You want cops to buy that based on the info. “you heard” and the info. you provided?Incredible.
Who did you hear it from? Where was the reporter from? Reporters name? Is it that you didn’t ask these questions of your informant or Is it that your informant couldn’t/wouldn’t tell you? Or did your informant tell you but you can’t remember?
Uh huh. Sure pal.
If you’re a cop, you should be embarrassed, even if it turns out to be true, that you ran this by the rest of us in the manner that you did. It SCREAMS you’re full of shit.
It tells everybody that reads it one of two things.
Either you have no business being a cop, or, your hatred for Tanaka caused you to throw something out there that leads us to believe you have zero credibility.
Either way you should be embarrassed.
Anybody who would buy your story or back you up on your statement, until more info. Is provided, is showing an incredible lack of objectivity.
Again, completely embarrassing.
@ # 21 ” I heard”
Gee whiz by golly. I thought I’d do about 30 seconds of investigation for you, since you couldn’t/wouldn’t/are too lazy/are lying your ass off.
Nothing on the Internet. Not a word. Wow. You want us to buy that this occured between a reporter/journalist and Tanaka, and the reporter hasn’t reported it? Seriously? You want us to buy that? A guy that is running for Sheriff. A controversial figure. And the reporter didn’t go to the LA Times, WitLA, KFI, or any other media source to get the story out there?
You’re a joke.
If you’re a deputy, one can only hope you aren’t working a radio car or God forbid any job that requires advanced investigative experience.
You are the kind of Tanaka detractor that his opponents don’t need. You want to “help” one or more of Tanaka’s opponents? My suggestion is the best way for you to do that is to remain silent.
#21: Yeah, and like #20 says it can all be Googled. For the Viking Tattoo search words “Viking tattoo, LASD.”
Tell us about it;
One way to squash this drama, the first time a reporter asks Tanaka to show his tattoo, he can roll up the ol’ pant leg and show it, like the other Vikings had to do in Compton Court and countless depositions while Tanaka stayed silent and hid under his desk. Or end the interview and walk out.
Tell us about it;
You actually helped out “I heard” by posting such rants because now a reporter (they all read this blog) will ask Tanaka to show it.
@ 23. “Tell us about it”:
You sound dangerous.
@”Tell us about it”: Sounds like you’re taking this a little personal! One thing I have seen over and over again, on this site, is anytime someone hits a “nerve” on the Tanaka reputation, you can always count on one of his supporters to jump in and try and belittle the person posting. Sounds like he has some real mature supporters!
#27, Dangerous is exactly what I was thinking too.
Loving this Sgt cheating scandal. The word is Deps got their test results and LASD told them that 22 questions were thrown out because those questions were “compromised” on the test and thrown out. Now the word “compromised” is a fancy word for given to other Deputies prior to the test I would presume. Yet many Deps who received their scores over the past few days were not happy with the fact that they are being told to accept their scores “as is” and not to create any waves. I personally saw the results of a deputy who showed me his scores, and his letter stated that “22 questions were compromised” and thrown out of the test. So I guess the Dept. is basically saying pound sand to those Deps that took the test in a fair manner. This is the environment that Deputies work under. Supervisors leak the answers to a select few and the rest of the “line guys” get crapped on. I wish this system would change for the better!
@ Tell us. Why do you have to flame out and get so personal? Perhaps the trash talkers know their days are numbered and “getting personal” is all they can do. Rolling cigars and shining shoes will no longer work for the ashtray cleaners. Your day of reckoning is coming. And The Little Man will be in the Feder booking cage singing like a canary.
Jimmy Hellmold and friends, are u listening? What part of throw the exam out don’t u understand? Okay, getting Baca re-elected is important. Meanwhile, u guys still have to run the Department. It’s time to say bye bye. Is anybody thinking? God save us.
For the record, I’ve never even met Paul Tanaka. Never donated to his campaign. Here is how I rate the candidates for Sheriff.
Olmsted
Gomez
Vince
Tanaka
Baca
You guys say I’m dangerous? Lol. Whatever. You automatically categorize me as a Tanaka boy because I call out a guy that posts up some bullshit that s h o u l d insult your intelligence it’s obvious bullshit? You know what guys, that’s the same kind of bullshit Baca and Tanaka devotees pull. Put the bad mouth on somebody who calls obvious bullshit for what it is. It makes you look less than objective.
Hey, when one of you can tell me where my analysis of post #21 is wrong, or why the questions I asked/statements I made are not legitimate considering the lack of factual evidence presented in #21 I’m more than ready to listen.
If you want to kiss my analysis of #21 off simply because ANYTHING presented to you that is negative toward Tanaka you’re willing to accept without question and buy it, we’ll men, you’ve now delved into the same gutter as those you condemn for doing the same thing.
You KNOW what I said about it being bullshit is true. You’re all intelligent. Yet you want to point out how the man who calls a bullshitter a bullshitter is the person at fault.
Sad. Very sad. Think about it and look yourself in the mirror real good and ask yourself if you’re taking the high road.
Taking it personal? Flaming out? Well now let’s see. I take it personal when a Baca or Tanaka devotee says some shit that’s insulting to my intelligence. Like when some idiots have posted up about how Baca’s Globetrotting is about keeping terrorism out of LA. Or how being a Tanaka donor doesn’t help somebody get promoted. I call bullshit on that. It’s insulting to my intelligence.
And guess what men, so was #21.
You know it, I know it and the guy who posted it knows it.
Because I’m not a Tanaka fan doesn’t mean I’m willing to be bullshitted like I’m an idiot ready to buy anything I’m told and then run with it. If you want to act like it’s not insulting to your intelligence that #21 assumes you’re too stupid to see thru his bullshit, be my guest.
Just don’t claim you want a “straight shooter” as the Sheriff. Because we all know my analysis of #21 as pure bullshit is spot on. Then when I call a bullshitter a bullshitter, it upsets you.
You want to be told want you want to be told.
Bye bye objectivity. Bye bye going where the evidence takes you. Hello personal agendas.
@26 Stuff,
Per your last sentence, EXACTLY.
Yesterday I was listening to KNX 1070 at approximately 5PM. I am fairly certain the reporter was Claudia Peschiutta. She was reporting on the deputy, John Rose, who was arrested for child molestation.
Towards the end of the report, the LASD department spokesman, Steve Whitmore, made a statement that seemed inappropriate & out of line. I say this because even though on the surface this is a horrendous charge, the basic principles of America is our mantra of “innocent until proven guilty.”
Whitmore made the comment about Mr. Rose saying that he had “obviously done something wrong” and inferred he would be paying the price. Although the evidence is strong & I have no issue with Rosé being arrested & a high bail set, I think this was posturing on the part of Whitmore for whatever reason. He would have sounded more credible had he just stated the facts. Ross was arrested & is being charged with however many counts, his court date, his bail amount. & that’s he is relieved of duty without pay.
Tell Us About It: I never typed I was for Baca or Tanaka…..DON’T ASSUME THINGS…..geez
@#37 Investigative Mind,
Not only do I not assume you are for Baca orTanaka, from your posts I tend to believe you aren’t a fan of either one of them. Not sure what I said that led you to believe that I assumed that, but just to clear things up, I don’t.
I was addressing the posts that ASSUMED I WAS A TANAKA BOOTLICKER, simply because I called bullshit on an obvious bullshitter.
Then I addressed the “taking it personal” and “flaming out” comments made that were directed at me. Still can’t figure out how you drew the conclusion from my posts that I am assuming you’re a Baca or Tanaka supporter. I DON’T.
I double checked my source. It happened as I reported and I stand by my statement. Rant and rave all you wish, quite juvenile. I’ve got more time pissing at a station urinal than you have on the department. So chill out on the personal insults and childish attacks. If the reporter chose not to print the walkout, that was the paper’s call, but it happened as I said. Other media outlets will not be so kind. Yes, I know what reporter asked the question, but I can’t say because it would burn a source and I will not do that. I have no intention of planting bullshit stories, I’m a grown ass adult and I act like one. Tanaka doesn’t need any help with “planted bullshit stories,” there are plenty of factual and quite scandalous incidents to go around.
“I’ve got more time pissing at a station urinal than you have on the department”.
“I’m a grown ass adult and I act like one”.
Now that shit is funny as hell, considering you accused me of ranting and raving and being quite juvenile.
You can’t tell us because it would “burn a source”?
Well then, I definitely stand corrected. It’s not like a guy could try and bullshit us, get called on it, and then claim he can’t provide any sources because it’s “confidential”. That never happens. LMAO
And one other thing Sherlock. if what you claimed took place in #21 was as simple as you claimed, that Tanaka got asked to show his ankle so the reporter could see if he had a Viking tattoo and he refused and ended the interview, why the hell would you have to “double check” with “your source”? That’s awfully simple and cut and dried. It requires no “double checking” by any competent cop that heard that.
However, a bullshitter often tries to validate their bullshit by saying things like “I double checked’ just to be sure”. And then there’s the most common tactic to attempt to avoid admitting they were trying to bullshit you: “I can’t tell you, it’s confidential”.
Like I said in 23, IF what you claim is true, you should be embarrassed you ran it by us like you did.
But hey, thanks for trying to clean it up the way you did, because you just proved my point to any objective seasoned cop paying attention to our exchange.
Dude, take your temperature, you’re a little hot under the collar. Play your psychobabble with someone else. I stand by my story and I stand by my statements. Next time your shining the little man’s shoes and lighting his cigar, ask him. I have absolutely no reason nor desire to blow smoke up your ass., not my style. Don’t slay the messenger. It is what it is and when he gets called out by the Times in an interview and flees like a 211JO, tell me how you like your crow baked.
You’re the perfect example of why, if somebody is guilty of something, they should definitely utilize their right to remain silent.
Psychobabble? LMAO. There isn’t one thing I said that even comes to close to entering the realm of psychobabble. It’s all Detective 101 stuff. Of course you knew that though, right!? Since you’ve got 30 years pissing at a station urinal.
How I like my crow baked? Listen, I hope some reporter does ask him about his Viking ink and ask. To see his ankle. That IS a great idea.
You should of just said in #21. “”I wish a reporter would”. or “You know what a reporter should do “…
But no, you had to try and play the big shot and bullshit us, and say: “I heard”……when you didn’t hear anything of the kind.
So when/if a reporter asks Tanaka about his ink, I won’t be eating crow Sherlock. That’s like saying “how you like your crow” regarding a sports team. Sooner or later they’ll get beat, and sooner or later a reporter WILL ask Tanaka about it.
You’re funny dude,you really are.
30 yrs, at a station eh? Was it ALL as the Utility Deputy? LMAO
I was naïve to think that getting a job with “Civil Service” protections would be any different than the corporate world. People still get ahead by having “connections” and “hook-up” by a large majority versus being measured fairly by their inherent skills and capabilities to do the job. The only real difference is that you are pretty much guaranteed a regular raise/step-increase by maintaining “competent” performance. If your lucky enough to have a “patron” and are one of those privileged, “connected” and “fast-tracked” few you can even get an “excellent” or “superior” rating. It won’t help your pay but can work in your favor when it comes time to promote or get a specialized spot down the line.
All this talk of morals and ethics and core values….such hypocrisy. There has been one example after another of these words and phrases ringing hollow. From the alleged instances of: lowering of hiring standards for recruits….academy staff giving recruits the answers to tests…”friends of Baca”…..recruits being “vouched for” by friends and family members….academy staff having relationships with recruits…..recruits having copies of power-point presentations of academy tests with the answers…..cheating on lieutenants and sergeant tests. There seems to be a learned pattern here.
Cheating, “networking” getting an edge by any means necessary is the learned and accepted way to get ahead. S.O.P……so, so sad.
Let us hope the departmental environment isn’t so far gone and the virus so much a part of the culture and that it can’t be “rehabilitated” through “education”.
@#44. My friend, sadly you are correct on every level. NOTHING will change unless Baca is replaced, nothing. Tanaka has injected so much poison into LASD that his “culture of corruption” is thriving, wildly out of control and on steroids. It will take Sheriff Olmsted to purge all of the corrupt executives from the 4th Floor. Those that are complicit with Tanka’s corruption and those equally as guilty because they wore Ray Charles sunglasses and professed all was well in The Land of Banaka.
#45….I agree with you. Tanaka, Rhambo and the other cronies needs a boot by Sheriff Olmsted. Time to clean house.