THE JURY IS SELECTED & THERE IS TALK OF WHAT TESTIMONY THE JURORS WON’T HEAR
Tuesday, September 9, was Day One of the retrial of Los Angeles Sheriff’s Deputy James Sexton, and the main thing that got accomplished was the selection of the jury, which is made up of seven women and five men.
Both the prosecution and the defense thought the court would manage to choose the jury panel, plus two alternates, and still have plenty of time for each side to deliver 30 minutes worth of opening statements. But it was not to be.
The attorneys also figured that Judge Percy Anderson would likely rule on the series of motions made by the prosecution having to do with areas of evidence and testimony that the government wanted excluded, even though most of the topics, material and possible witnesses had been part of the defense’s case in Sexton’s first trial, which ended up in a hung jury in late May of this year and thus a mistrial.
But Percy didn’t rule on those motions either.
In a hearing last month, however, Anderson had given a pretty good indication of how he was leaning.
A STORY WITHIN THE STORY
In fact, one of the stories of this trial is likely to be an analysis of exactly what Sexton’s newly selected jury will not be allowed to hear, that the jury from his first trial was able to take into account in their deliberation.
For instance, if Judge Anderson rules the way he previously indicated he was leaning, only 7—or at the most 8—of the 37 times that Sexton was interviewed by the FBI as a cooperating witness may be disclosed or mentioned to the jury. The rest of the deputy’s instances of cooperation with the feds are excluded.
Sexton’s extensive cooperation with the feds is one of the things that the prosecution reportedly believes was much of why six members of the jury in Sexton’s last trial voted to acquit him.
The defense has argued that, since Sexton’s cooperation with the FBI has much to do with the mindset and context in which the deputy made statements to the grand jury, which are the heart of the prosecution’s case, the facts of Sexton’s extensive cooperation cannot be excluded. Nevertheless it appears that much of that cooperation is on the road to being nixed for this trial.
Another likely forbidden topic will be former sheriff Lee Baca’s emotional reaction to learning that the FBI was poking around with an undercover investigation into wrongdoing by LASD deputies in what he regarded as his jails. (Baca was extremely pissed off.)
For instance, the jury may hear about orders Baca gave to Paul Tanaka and others pursuant to the discovery of what the feds were doing, but not the fact that he was demonstrably angry when he gave the orders.
Also likely excluded will be the fact that, prior to the incidents on which the indictments are based—i.e. the hiding and moving of federal informant Anthony Brown—Sexton applied for jobs to a list of law enforcement agencies, including the FBI.
One more topic slated for exclusion is the matter of the reported threats had been receiving from members of the sheriff’s department began he began cooperating with the feds. According to the defense, Sexton had been threatened to the degree that the feds expressed concern about Sexton’s safety. (Interestingly, the threats were convincing enough that Sexton is the only one of the LASD’s federal defendants who was allowed to keep a firearm. He kept two of his guns. All the other defendants, had to surrender their firearms.)
We’ll talk more about these exclusions if and when they occur as the trial goes on.
WITNESSES & ARREST WARRANTS
On Tuesday, at the very end of the day a weird moment occurred when prosecutor Brandon Fox announced that one of the government’s witnesses, Deputy Jason Pearson, who is a work teammate and friend of Sexton’s, had—in a fit of fury at the feds—talked about not showing up on Wednesday, despite being subpoenaed. Fox said that the judge might need to issue an “order” on the matter. Some speculated that this meant an arrest warrant.
Others figured that—once the anger was passed—Pearson would just show up.
On the topic of witnesses, both Lee Baca and Paul Tanaka are still on the witness list for the defense. Of course, whether one or both will be called, remains to be seen.
Opening arguments will be presented Wednesday. Then the government will begin calling witnesses.
Roll Tide!………Roll Sexton!
This situation is disgusting. That Deputy Sexton cooperated with the FBI for a year is important to his defense. I would think that the FBI would be interested in justice.
Sad that the prosecution, who should, in the interest of justice, let all relevant evidence in, wants to hide the full extent of cooperation that Deputy Sexton provided. All because they think it will hurt there case.
meant their
The judge is a known idiot so let’s hope if he suppresses information beneficial to the defense it will make for a great appeal. Further I have a feeling Baca will slither out of having to testify…
ND
@Eyeswideopen and lanorseprincess, this isn’t about justice it is about ego’s over inflated ones. This is “who has the bigger” you know what battle.
The FBI only wants a conviction, no matter the cost.
This should not surprise anyone.
Baca and Tanaka created this mess, spent money on it, directed the employees, and ordered it to exist.
They walk away with nothing. Those who carried out the orders, jail.
And people are happy the FBI saved the day. Nope they did what they normally do, take two years to investigate, arrest a few people, promote some agents, and move onto the next glory caper. That is how they “roll”tide.
Jason Pearson is acting arrogant, self righteous and aloof? Shhoocking.
Baca had am emotional reaction and was extremely pissed off.
The feds interview with Brown was interrupted and they were thrown out of the jail.
The feds had a meeting with Baca and told him to butt out of the investigation. Baca refused.
Not a pissing match? It’s not about the feds flexing their muscles and showing Baca and Tanaka who the big dog is, along with letting every member of the LASD know? It’s not about them sending the message that we better not fuck with them?
This has pissing match written all over it.
A win for Sexton would be a win for the whole department. I say the majority rules….. with that being said, the majority of members of this department are honest and hard working. If Pandora’s box is the catalyst to fix this department, let it be.
Up until now, how many of you would actually want your son/daughter to work on this department, knowing “what you know” and not “who you know”? When the “New Regime” officially kicks in after McDonnell is sworn in, LASD won’t change overnight but it will be a start. We can only blame ourselves (department wide) for allowing things to get out of hand. Pretty much “TOUGH SHIT”.
I posted this on an earlier thread, but I’d like the perspective of the different people on this message board, so I’m re-posting here:
Here’s a question. How can the deputies be guilty of interfering with an FBI investigation if they had no provided evidence that an investigation was occurring?
I know, because I was in the audience during the trial of the six convicted, that no writ was ever seen by or delivered to line guys like Manzo, Smith and Sexton. The feds actually admitted that before any writ or order was delivered to the LASD, it was recalled and canceled.
I also remember specifically hearing transcripts of grand jury testimony read that said Rathbun and Sexton had both agreed with each other that if the feds arrived and presented a writ or removal order, they would comply with said order. But none of that ever happened from what I know. No FBI agent or US Marshal or A/US Attorney ever confronted or contacted Sexton, Manzo or Smith and said “hey, there is an investigation going on here, and you’re screwing with it.”
So I’m not seeing the elements of the crime present. At least not for the guys on the Deputy level.
I’m sorry, but I don’t see that the feds can prove, beyond a reasonable doubt, that Sexton knew enough of what was going on at the time.
See I’ve never suggested that the feds NOT go after the little guys just because there are bigger guys to go after. I suggest the feds not go after the little guys because the little guys had no evidence in hand that there was an ongoing FBI investigation. Now, Lt-above? I bet they had documents in hand.
I know I’ll get a lot of negative feedback for this post. But I feel there is reasonable doubt that Sexton knew at the time he was obstructing an investigation. Same for Manzo and Smith.
The jury must decide if the defendant has committed the criminal acts as defined and charged. They are not also given the task of measuring the amount of cooperation the defendant has provided to authorities or assessing the value gained towards exposing and prosecuting criminal acts by others.
A determination of guilty or not guilty is the task entrusted to the jurists. The element of cooperation may come into play before the trial or after a guilty verdict has been reached.
Prior to any prosecution, a potential defendant may offer his cooperation for exchange when negotiating immunities or plea bargains. Apparently, Deputy Sexton presented himself to the FBI as a participant in the obstruction conspiracy and offered valuable information/cooperation free of any quid pro quo. That was his decision – some may deem it as commendable, others may call it naive.
If Sexton is found guilty, the court has an established protocol for measuring the defendant’s previous voluntary cooperation and applying it for mitigation in the severity of his sentence.
The court could possibly give Deputy Sexton the shaft. They could say “finder’s keepers – loser’s weepers”, you didn’t try to make a deal at the front door and we get the benefit of your assistance without having to pay anything.
Except that would amount to atrocious public policy, considering the high profile on this trial. As I stated before – If Sexton is found guilty the prosecution and the judge should make every effort to sentence Deputy Sexton according to terms of the best possible hypothetical deal he could have negotiated on the front end.
If we encourage the jury to acquit Deputy Sexton of criminal acts based on a defense that combines “just following orders” and then subsequent “valuable assistance rendered”,
then we must allow that a potential future jury may acquit Paul Tanaka under the same theory. Or even ex-Sheriff Baca. The buck cannot keep getting passed around and around, it must stop somewhere.
Let’s consider not passing the buck at all. Let it stop and stay with each able-minded adult with a duty to keep willful acts within a parameter detailed by their oath.
The Feds will never indict Baca., so that theory went out the door. They Feds have a weak case against Sexton and for that matter probably Manzo and Smith too. Manzo and Smith just got caught up in a circus of a trial with poor defense attorneys. Mo, as I see it the captain of the ship is where the orders come from and that is where the buck stops. Baca gave the orders or approved them so he should be standing trial. He isn’t man enough to speak up for his deputies that put their life at risk everyday. He is a coward and the scum of the earth. I have a question, What would have happened to these low level deputies if they didn’t do as they were told? Retaliation? Fired? Your career you just trained for down the tubes? They had families and were scared. Most of you “veterans” talk the high and mighty and are very judge mental. How many of you in your career said no to Baca? I bet not one or your wouldn’t be to high up the chain!!!!!!
Wild Turkey,
Here’s some very difficult info. to overcome for your “Babe in the woods” defense of Manzo, Smith and Sexton.
Re: Manzo and Smith, if:
I’m called to clandestine CIA style top secret meetings with blacked out windows. At these meetings I’m told that I’m going to be part of the team that moves Brown around and sits outside his cell (wherever he’s at). I’m told that if the feds do show up, they are not to be given access to Brown or allow them to remove him from our custody. I’m told that I’m to contact the Undersheriff or the Sheriff immediately. I’m made aware that I’m at this meeting because a “breech in security” has already occurred and the feds gained access to Brown and had to be escorted from the jail.
I’m told that if they are able to track down Brown during this operation, they are not under any circumstance to be given access to Brown and the Undersheriff is to be contacted immediately.
Call me crazy, but I’m pretty sure, as stupid as I am, that at this point I’m aware the feds are at least trying to conduct an investigation and my team is fucking with them and trying to impede them.
Re: Sexton, even if I wasn’t personally at those meetings, but I’m made aware of the orders that were given to the team members who were present, I’m pretty sure the feds. are trying to conduct an investigation and my team is fucking with it. From that point forward, I’m pretty sure I know if I do anything to aid the team in trying to hide Brown from the feds. or refuse them access to him , I’m helping the team fuck with the feds.
Call me crazy.
It would take an ignorant individual not to realize what was going on. I don’t think Manzo, Smith and Sexton are ignorant. I believe they knew what they were doing, but thought the chances were minimal that it would get this far out of hand and they would end up in a courtroom.
That being said. I DO NOT BELIEVE “JUSTICE” IS SERVED BY THEM GOING TO PRISON OVER THIS.
Wild Turkey, you’re right on Target. God Bless America and have your roll out gear available.
Hey Hardy Boys, you asked what would become of the careers of Smith and Manzo if they had only refused to wade into the ceptic tank of Pandora’s Box? I can tell you one thing, they sure as hell would not be heading to Federal prison! They sure as hell would not have bankrupt their families to pay for legal fees for a stupid defense of “I was only following illegal orders” and they sure as hell would not be out of a job and forever be convicted felons and ex-cons.
After all of that has transpired, you suggest they had no option? Surely you jest? Or you have learned nothing.
Alads (all dues paying deputies) paid for All of the legal fees, Re: Smith & Manzo. ALADS (you & I) will also pay for any Appeals.
ALADS pays for all legal.
Sachamoe, hind sight is 20/20. At the time they all felt pressure and to suggest otherwise means you have learned nothing!!!
Sachamoe, there are 6 current and former members of LASD who were convicted at trial in Federal court related to Pandora’s Box. There is a another LASD deputy, James Sexton, currently on trial related to Pandora’s Box. But nobody is headed to Federal prison yet. The prosecution has submitted their sentencing recommendation for the 6 who have been convicted. A term in prison for each of them is part of the recommendation for sentencing. However, these convictions don’t carry any mandatory minimum prison sentence. And nobody has been sentenced yet.