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DA reduces charges in LAPD cop recording case, citing concerns over potential whistleblowers
Los Angeles County District Attorney Nathan Hochman speaks at his swearing-in ceremony on the steps of the Hall of Justice in downtown L.A.
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Frank Stoltze
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LAist
)
Topline:
Los Angeles County District Attorney Nathan Hochman said Wednesday he will reduce charges against LAPD Officer Daniel Flores from felonies to misdemeanors. Flores is accused of illegally recording his fellow officers as they made racist, sexist and anti-gay remarks.
What’s next? Hochman said he was reducing the 16 felony charges against Flores to 16 misdemeanor charges — one for each LAPD officer who’d been secretly recorded, which is illegal in California. Hochman also said state prison was off the table for Flores, who now has a pathway to request what’s known as judicial diversion for one year.
What’s judicial diversion? If the court grants Flores’ request for a diversion, the charges could eventually be dismissed after a one-year period in which he is required to obey all laws. “ That is what we anticipate will end up happening with the Daniel Flores case,” Hochman said.
Why the change? Hochman said he had heard feedback on the charges from community members and elected officials “ in many different quarters” regarding the potential chilling effect the case could have on future whistleblowers. Some of those included L.A. Mayor Karen Bass, Melina Abdullah of Black Lives Matter L.A. and City Councilmember Hugo Soto-Martinez. “The way we charged the case was not making the message clear,” Hochman said. “We believe that by reducing the felonies to misdemeanors, not dismissing the case … that was striking the appropriate balance between accountability, fairness, deterring illegal conduct and incentivizing whistleblowers.”
Privacy concerns: Hochman said sending a broader message on illegal eavesdropping and privacy concerns via secret phone recordings and smart glasses was part of his original intent in bringing the charges. California is an all-party consent state, meaning it's illegal to record private conversations without permission of everyone being taped.
The timeline: Hochman said the charges would be officially reduced the next time Flores appears in court, which “ might happen as early as tomorrow, or no later than by next week.”
Sponsored message
For more on the concerns over whistleblower chilling: Read Frank Stoltze’s coverage of the backlash to the charges.
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