LOS ANGELES – A federal judge refused today to grant immunity for former Los Angeles County Sheriff Lee Baca so he could testify without invoking the Fifth Amendment in an obstruction of justice case against the department’s retired second-in- command.
U.S. District Judge Percy Anderson also denied a defense motion to dismiss the case against Paul Tanaka, who is charged with one count each of conspiracy to obstruct justice and obstruction of justice, and granted a delay in the start of trial from Nov. 3 until March 22.
H. Dean Steward, attorney for the former undersheriff, argued in court papers that Baca should be free to testify for the defense without fear of self- incrimination since it was allegedly the sheriff who “set into motion” the events that resulted in the charges against his client.
Steward said outside court that it remains to be seen if he will call Baca to the stand without the grant of immunity.
The attorney said he had still not interviewed Baca — who recently hired new attorneys — about the case.
Prosecutors contend that Tanaka oversaw a secret plan in 2011 to “hide” inmate-turned-informant Anthony Brown from FBI handlers during a time when federal officials were conducting a probe of alleged deputy violence against prisoners.
Brown was booked and re-booked under a series of false names, and was eventually told he had been abandoned by the FBI.
Eight former sheriff’s department officials — including a captain, two lieutenants and two sergeants — have been convicted for their roles in the cover-up.
All claimed they had been following orders from superiors in assisting a legitimate investigation into how and why a cellphone had been smuggled into the Men’s Central Jail.
Tanaka and retired captain Tom Carey, who headed an internal investigations unit, were charged in May with the alleged attempt to derail the federal jails probe.
Carey pleaded guilty last month to a charge of lying on the witness stand during last year’s trial of former Deputy James Sexton, who was sentenced to 18 months imprisonment for trying to obstruct the jails investigation.
In exchange for his plea and cooperation, Carey — the highest-ranking official to be convicted in the ongoing jail probe — can expect to receive a reduced prison sentence of not more than 16 months, according to his plea agreement.
However, the maximum possible penalty when he goes before Anderson for sentencing on Jan. 25 is five years in prison, three years of supervised release and a $250,000 fine.
Tanaka — who is on leave as mayor of Gardena — retired from the sheriff’s department in August 2013.
The charges against Tanaka and Carey brought to 22 the number of current or former sheriff’s officials charged in an ongoing federal probe into corruption and civil rights violations by guards at two downtown jail facilities.
Previous related story: Sheriff’s deputy pleads guilty to lying to FBI
–
DOMICI says
the corruption of LASD is Nothing new, HE LOOKS LIKE A LIE! POMPOUS, ARROGANT, beyond reproach is how the Dept has acted for years!! as a K-11 in county jail we were called gay slangs, yelled at I PERSONALLY heard an officer tell my cab driver in 2003 that he could do anything he wanted, when asked if the sheriff had jurisdiction on the freeways!! also police are supposed to RESPOND to crimes, not manufacture them!!! huh!!loi i think the Sheriffs will come a little more correct with citizens since we can video record them now!! I mean the utter temerity they had to go against the FBI!! thats the nerve of a Brass A** Monkey!! THEY HAD TO BE STOPPED!! Don’t get me wrong i know at least 3 Sheriffs in my neighborhood here in Lancaster that are EXCELLENT officers, they aren’t all bad!!
Arpallo says
And this freeking corrupted kakanaka wanted to become the next sheriff and stay in Baca’s place?
After all he did?
Sorry for the voters that supported him.
Claire says
You are NOT affecting change! LASD, not LACSD (Los Angeles County Sanitation Department.) Words without application do nothing! Oh sure you’ll have some people come on here supporting what you say, even George Zimmerman has supporters. If you don’t like corruption, and no one does; that is of course the ones that are corrupting, than do something about it! If there is nothing you can do about it than find something else to do. Your constant rants do nothing to AFFECT change. Quit your constant whining! Signing off now from your #1 anti-fan.
Tim Scott says
I hadn’t seen any comments from you today on any of the articles, so I figured I’d throw you some red meat to get you barking. It is so good to know that even though you have nothing to say about anything else I can always count on you to comment about me!
Ryan Hunt says
Freaking funny! I feel bad for Tanaka and Baca, they really didn’t know the gravity of what was going on in those jails. They would not tolerate deputy gang mentality. It wasn’t that way when they were working in them. I’ve done some County time, almost a year at one time. They would be very composed in there against some of the snotiest inmates you will ever see. The environment in there was like a dungeon, for the deputies and inmates. It was haunted in there, literally. I could tell you things I have seen in there that would make great sci-fi, we are talking next level stuff. I’m amazed it wasn’t worse than it was. The deputies were very professional in there during my stay.
Tim Scott says
As the saying goes, it’s not the crime it’s the cover up. I find it hard to believe that an inmate getting shuttled around in the system under fake names to keep him out of the hands of an ongoing federal investigation was some low level in house deputy’s brainchild, especially since those low level in house deputies shouldn’t have known the investigation was on and certainly shouldn’t have had the identity of who was involved. This just reeks of “you clowns have gotten our parts in a wringer here, but this will get us out of it and I’ll deal with you later.”
Ryan Hunt says
Indeed, Tim. Wouldn’t you still be compelled to protect your own?
Claire says
Nothing funny about any of this! There is so much abuse, it is beyond comprehension. This country sanctions other countries for committing inhumane acts in jails and prisons, and the same goes on here. Been there and lived it for years. Stop complaining and do something. A lot of people don’t believe people in jails and prisons should receive humane treatment. A sad commentary on our society.
Tim Scott says
LACSD, rotten from the head down.