Los Angeles County Grand Jury
• 2018-2019
• Agency Response
Of Los County of Los Angeles Civil Grand Jury Clara Shortridge Foltz Criminal Justice Center 210 West Temple Street •*
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 7 findings
F1
information given to defense attorneys. While the District Attorney's Office of Discovery Compliance provides training to new hires, or by courthouse location, or to specialized units and on-going to all DA's, the provision of "information" is not standardized. RESPONSE: The Los Angeles County District Attorney's Office disagrees wholly with this finding. The Los Angeles County District Attorney's Office standardized procedure is to routinely and consistently provide exculpatory and impeaching information to the defense. The Discovery Compliance System (DCS) is composed of two separate databases: Brady and Officer and Recurrent Witness Information Tracking System (ORWITS). The standardized approach with Brady information is to automatically disclose the information in each and every case at every stage of the proceeding. In contrast, because ORWITS is merely an informational database which consists of unsubstantiated, unfounded, and uncorroborated allegations, disclosure of such information is not mandated under Brady. (See Wood v. Bartholomew (1995) 516 U.S. 1; Weatherford v. Bursey (1977) 429 U.S. 545; People v. Jordan (2003) 108 Cal.App.4th 349.) Thus, DDAs have been given the discretion to determine whether ORWITS information should be disclosed depending on the relevancy of the information in a given case. LADA's standardized approach with regard to ORWITS information is for the handling DDA to discuss the matter with a supervisor, review its relevancy, and determine whether this speculative information should be disclosed to the defense. The Los Angeles Police Department and the Los Angeles County Sheriff's Department
No recommendations for this finding
F2
Brady officers to the District Attorney in Los Angeles County. OIG Response: The OIG agree with this finding. AB 1421 was signed by Governor Brown making police officer records of shootings, use of
Related Recommendations (1)
R2
1 – The LAPD should reopen each of the community station jails in the interests of improving community response time, officer safety, officer morale, and operational efficiency. Response: Agree. This recommendation has not yet been implemented, but will be implemented in the future. Implementation will be subject to budgetary priorities and the availability of funding in future fiscal year budgets. This recommendation has been partially implemented inasmuch as the Fiscal Year 2019-20 Adopted Budget provides funding and resources to the Los Angeles Police Department to reopen the Harbor Area Jail. This recommendation has not been implemented at this time inasmuch as the Foothill, Southwest, Devonshire, and Wilshire jails remain closed and no funding has been approved to reopen them. Efforts to reopen additional closed jails will continue as funding and hiring limitations allow.
F3
force and some misconduct disclosable to the general public. While policing agencies and their unions have attempted through the courts to say: they may not be disclosed, they may not retroactively be disclosed (prior to the implementation date of January 1, 2019) and that they should be limited to a number of years. OIG Response: The OIG agrees with this finding Some policing agencies including Inglewood and Long Beach began shredding documents
Related Recommendations (1)
R3
1: To be consistent with the intent of AB 1421 legislation and the spirit of transparency, policing agencies should immediately provide information about the use of force that results in death or great bodily injury, discharge of a firearm at a person, a sustained
F4
in December 2018. The Los Angeles Police Chief announced that he would not release records prior to January 1, 2019 but only records going forward. OIG Response: The OIG agrees with this finding The Los Angeles Police Department and the Los Angeles County Sheriff's Department
No recommendations for this finding
F5
have not routinely turned over Brady officers to the District Attorney. The District Attorney stated that they learn about questionable officers from reports in the news or through other means, but not directly from the policing agencies. In turn, information that the DA's Office receives has inconsistently been shared with defense attorneys. RESPONSE: The Los Angeles County District Attorney's Office agrees in part and disagrees in part with this finding. Law enforcement agencies are prohibited by current case law from directly disclosing personnel information to the District Attorney's Office. (People v. Superior Court (Johnson) (2015) 61 Ca1.4th 696, 714.) Any and all Brady information received or discovered about an officer is automatically disclosed to defense attorneys in all cases in which that officer is involved.
No recommendations for this finding
F6
Protective Orders requested by the DA, that may limit a defense attorney's use of information for one case when the same officer may be a witness in another case, often results in a limited ability to provide an adequate defense. RESPONSE: The Los Angeles County District Attorney's Office wholly disagrees with the finding that the use of protective orders results in a limited ability to provide an adequate defense. The Los Angeles County District Attorney's Office's paramount obligation is to protect the rights of the accused and the individual rights of the victims and witnesses involved in each case. The Los Angeles County District Attorney's Office's standardized practice is for Brady evidence to be automatically disclosed to the defense without restriction and in the absence of a protective order. A protective order does not preclude the accused in any case from receiving and using that information in one's defense. Information that is not categorized as Brady and is not public must be protected by law, under Penal Code Section 832.7. A protective order on non-Brady, nonpublic information only limits the ability to share that information beyond the criminal case itself. Further, every criminal defendant has a right to file a Pitchess motion, which further provides access to police personnel information under Penal Code Section 832.7 or a California Public Records Act Request pursuant to Senate Bill 1421. Ultimately, the accused's rights are paramount, but a protective order covering non-public, unsubstantiated information effectuates the release of information to the accused while, at the same time, protecting the rights of others.
No recommendations for this finding
F7
The final disposition of the Association for Los Angeles Deputy Sheriff's (ALADS) vs. County of Los Angeles; Los Angeles County Sheriff's Department: Jim McDonnell, currently before the California Supreme Court, as well as the litigation around the implementation of AB1421 will impact the availability of information and personnel files regarding police misconduct. OIG Response: The OIG agrees with this finding.
No recommendations for this finding
Conclusions 2
-
CL1The Los Angeles Police Department is committed to Procedural Justice within the criminal justice system. Essential components of that commitment to Procedural Justice is holding our officers accountable for their actions and being as transparent as legally possible concerning those actions. The LAPD looks forward to continuing to work with the LADA and our other criminal justice partners to accomplish that goal. The Honorable Kevin C. Brazile Page 5 1.14 Should you have any questions or require further information, please contact Commander Jeffrey Bert, Office of Constitutional Policing and Policy, at (213) 486-8720. Respectfully, MICHEL R. MOORE Chief of Police Enclosures 100 OFFICE OF THE CHIEF OF POLICE ADMINISTRATIVE ORDER NO. 4 March 18, 2019 SUBJECT: REQUESTS BY THE PUBLIC FOR INFORMATION CONTAINED IN POLICE RECORDS - REVISED; AND, CALIFORNIA PUBLIC RECORDS ACT - ESTABLISHED PURPOSE: The California Public Records Act (CPRA), Government Code Sections 6250 – 6257, establishes the right of the public to access public records. Department records are subject to public disclosure unless a specific legal exemption exists. The purpose of this Order is to revise and establish various Department Manual Sections pertaining to the CPRA and other information release procedures. This Order supersedes Office of the Chief of Police Notice, Guidelines for Handling Requests for Department Statistics or Crime Data, dated June 12, 2012. PROCEDURE: I. REQUESTS BY THE PUBLIC FOR INFORMATION CONTAINED IN POLICE RECORDS - REVISED. Department Manual Section 3/406.20, Requests by the Public for Information Contained in Police Records, has been revised. Attached is the revised Department Manual section with the revisions indicated in italics. II. CALIFORNIA PUBLIC RECORDS ACT - ESTABLISHED. Department Manual Section 3/406.30, California Public Records Act, has been established and is attached. AMENDMENTS: This Order amends Section 3/406.20, and adds Section 3/406.30 to the Department Manual. AUDIT RESPONSIBILITY: The Commanding Officer, Audit Division, shall review this directive and determine whether an audit or inspection shall be conducted in accordance with Department Manual Section 0/080.30. MICHEL R. MOORE Chief of Police
-
CL2In summary, each of us is the guardian of the Department's reputation. Our reputation is built upon a foundation of integrity and professional conduct. Every breach of professionalism weakens the foundation of our reputation and diminishes the public's trust in our law enforcement effort. To maintain the public's trust and minimize adverse civil litigation, the Department may find it necessary to place an employee on LTDR until such time as the involved liability issues are resolved. Therefore, one's daily conduct, both on and off-duty, must be stellar. Your career and the Department's reputation are based upon the quality of your integrity and performance. Should your integrity be called into question or the quality of your performance fall to an unacceptable level involving significant liability, your career as well as the Department's reputation could be temporarily or irreparably damaged. It is important that you always "do the right thing," not only for the protection of your career but more importantly for the protection of the community you serve. As was previously stated, all employees are reminded of their obligation to conduct themselves in such a manner that neither their credibility nor their ability to perform their duty is ever brought into question. Commanding officers shall ensure that all employees in their command are served with a personal copy of this Memorandum and sign the attached Acknowledgement Receipt. Completed Acknowledgement Receipts shall be filed in the divisional package of the concerned employee. BRATTON Chief of Police
Comments 3
-
CO1Results Phone # of Facility Gardena Police Fire Department next door for major medical; only 1718 162nd Street aspirin available on-site. Mental health teams are Gardena, CA 90247 City Police Satisfactory assigned to this facility. All staff have food handling 310-217-9632 certificates. Interpreters available through City of Gardena. Poor ventilation, replace air vents. Glendale Police Clean, well-monitored full service facility with a fully 131 N. Isabel functioning short-term jail for pre-trial detainees. Street Capacity is 100. Pod design with cameras and intercoms City Police Outstanding Glendale, CA 91206 in each cell. Pay-to-stay available at $87/night. 818-548-4840 Arraignment and visits via video conferencing available. Glendora Police Booking and release facility with transfer made within a 150 S. Glendora Avenue 96 hour maximum window. Mental evaluation done at City Police Outstanding Glendora, CA 91741 booking. Texting ability for detainees from cells. Fire 626-914-8250 Dept. called for medical needs. Hawthorne Police Pre-arraignment only. Pay-to-stay facility at $75 per stay 12501 Hawthorne Boulevard for each day. Detainees are required to work during City Police Satisfactory Hawthorne, CA 90250 period of detention. 310-675-4443 Hermosa Beach Police Inspection reports up-to-date. Unclean pay-to-stay 540 Pier Avenue facility. The smell of urine present in all cells. City Police Unsatisfactory Hermosa Beach, CA 90254 310-318-0300 Huntington Park Police Well-maintained facility serves as a holding facility for 6542 Miles Avenue the City of Vernon. Can house up to 32 arrestees. Three Huntington Park, CA 90255 full-time jailors with two additional jailors being added. 323-584-6254 City Police Satisfactory All required manuals available. Separate facilities maintained for females and juvenile arrestees. Facility scheduled for temporary closure due to tenting for termite removal. Inglewood Police Detainees must ask for complaint forms, Medical care One W. Manchester Boulevard is contracted out. Mental evaluation team on site. inglewood, CA 90301 City Police Satisfactory Juveniles are sent to Eastlake, not held at IPD. 310-412-5211 Interpreters for Japanese, Portuguese, and Spanish available. ir winiciale Police Arrest and transfer only. The jail cells are utilized for 5050 N. Irwindale Avenue storage. Irwindale, CA 91706 City Police Satisfactory 626-430-2244 La Verne Police Booking and transfer facility. Detainees held for a 2061 Third Street maximum of 72 hours. Facility is too small for the La Verne, CA 91750 activity experienced. Cell capacity of 16 with 6 cells 909-596-1913 City Police Satisfactory occupied. Five sworn officers per shift with one Jailer. All medical needs are handled by EMT with the major cases taken to the hospital. A metal detector is utilized during booking. 2018-2019 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT DETENTION - 6 City of South Gate 8620 CALIFORNIA AVENUE • SOUTH GATE CALIFORNIA 90280-3073 • (323) 563-5400 FAX: (323) 563-5488 RANDALL DAVIS CHIEF OF POLICE Presiding Judge: November 15, 2019 Los Angeles County Superior Court Clara Shortridge Foltz Criminal Justice Center 210 West Temple Street, 11th Floor, Room 11-505 Los Angeles, CA 90012 Dear Sir or Madam: During the 2018-2019 Los Angeles County Civil Grand Jury Inspection, the Civil Grand Jury noted a finding regarding the concrete floor walkways within the South Gate Police Department jail facility. The floors were noted as being slanted towards the center for drainage purposes, as well as uneven, creating a potential trip and fall hazard. A recommendation was made by the Civil Grand Jury to utilize some type of "precaution notification" at the entrance to the jail to potentially avoid injuries. The South Gate Police Department agrees with the findings. The recommendation has been implemented and signs indicating "Caution Uneven Floor" have been added at the entry into each portion of the jail. Photos of the signs have been included with this correspondence. Respectfully, 15 2 Lieutenant Roman Amador Jail Manager .
-
CO2UNITAL AUTION CAUTIONUNEVENFLOOR CAUTIONUNEVENFLOOR
-
CO3F 2 County of Los Angeles CIVIL GRAND JURY CLARA SHORTRIDGE FOLTZ CRIMINAL JUSTICE CENTER 210 WEST TEMPLE STREET • ELEVENTH FLOOR • ROOM 11-506 • LOS ANGELES, CALIFORNIA 90012 TELEPHONE (213) 628-7914 • FAX (442) 247-3890 WWW.GRANDJURY.CO.LA.CA.US November 21, 2019 Chief Randy Davis South Gate Police Department 8620 California Avenue South Gate, CA 90280 Re: 2018/2019 Final Report Recommendations -- Detentions Dear Chief Davis: Pursuant to the telephone message left on your voicemail on November 5, 2019, we are writing to you regarding the recommendation and required response that relate to your department. (See attached Recommendation 9) The 2019-2020 Los Angeles County Civil Grand Jury has not received your written response. California Penal Code 933(c) mandates that you respond no later than 90 days after the release of the Civil Grand Jury final report. The report was released on July 1, 2019. The 2019-2020 Los Angeles County Civil Grand Jury, as part of its obligation to monitor past recommendations, requests that you report back with your response no later than ten working days from the date of this letter. Your assistance in helping us fulfill our responsibility is much appreciated. If you have any questions, please contact Joel Floyd at (213) 628-7914. Thank you for your attention to this matter. Sincerely, Joel Woyd, Member RESPONSE TO THE 2018-2019 CIVIL GRAND JURY FINAL REPORT COUNTY OF LOS ANGELES SHERIFF 2018-2019 CIVIL GRAND JURY RECOMMENDATIONS FOR DETENTION COMMITTEE RECOMMENDATION NO. 10- East Los Angeles Community Police Station Assign additional custody staff to this station. RESPONSE The Department partially agrees with this recommendation. The Department requires further analysis. At this time, any recommendation of providing additional financial support will be made within the context of the Department's overall budget, numerous funding priorities, and requests. A Chief's Memorandum, concerning an assessment of jail staffing at East Los Angeles Station was submitted on February 20, 2019. A request for six additional station jailers was requested at that time. The Department is in the process of hiring qualified candidates to fill the void at East Los Angeles Station. The increased staffing of the station jail is a Department priority and will be addressed as personnel and funding become available. The Department agrees with the recommendation, regarding graffiti in the station jail, and will continue to exert all available resources to achieve and/or exceed these expectations. The recommendation regarding removal of the graffiti in the jail is expected to be implemented by October 1, 2019. East Los Angeles Station is currently in the process of painting numerous areas throughout the facility, including the station jail. RECOMMENDATION NO. 11- Santa Clarita Valley Sheriff's Station Cameras should be installed in the holding area for the safety of the Sheriff's deputies, custody officers and arrestees. RESPONSE The Department partially agrees with the Civil Grand Jury's findings. This recommendation will require further analysis. At this time, any recommendation of providing additional financial support will be made within the context of the Department's overall budget, numerous funding priorities, and requests. RECOMMENDATION NO. 12- South Los Angeles Station Report and repair maintenance problems to appropriate agency. RESPONSE The Department agrees with the Civil Grand Jury's finding and concurs with their recommendation. The recommendation has been implemented. A repair order was requested and the detox toilet has been unclogged. Additionally, staff has enhanced the jail cleaning schedule in order to maintain the cleanliness of cells and identify any maintenance problems. RECOMMENDATION NO. 13- West Hollywood Station Report and repair maintenance problems to appropriate agency. RESPONSE The Department agrees with the Civil Grand Jury's findings and concurs with their recommendation. This recommendation has been implemented. All station staff have been notified to ensure station trustees are continually cleaning the facility on all three shifts (AM, PM, and EM). In addition, all station jail staff have been notified to make immediate notification to Station Operations when any need for repair or maintenance has been identified. Station Operations will immediately contact the Department's Facility Services Bureau (FSB) or the appropriate outside vendor to address the repair/maintenance issue. RECOMMENDATION NO. 14- Alhambra Courthouse Elevator should be repaired. RESPONSE The Department agrees with the Civil Grand Jury's finding and concurs with their recommendation. This recommendation will not be implemented. The jurisdiction for this recommendation falls under the Los Angeles Superior Court. The court was notified of the Civil Grand Jury's finding. RECOMMENDATION NO. 15- Burbank Courthouse The concern over exhaust fumes entering the building from the bus loading dock should be addressed for health reasons. RESPONSE The Department agrees with the Civil Grand Jury's finding and concurs with their recommendation. This recommendation will not be implemented. The jurisdiction for this recommendation falls under the Los Angeles Superior Court. The court was notified of the Civil Grand Jury's finding. RECOMMENDATION NO. 16- Clara Shortridge Foltz Report maintenance requirements to appropriate agencies. RESPONSE The Department agrees with the Civil Grand Jury's finding and concurs with their recommendation. This recommendation will not be implemented. The jurisdiction for this recommendation falls under the Los Angeles Superior Court. The court was notified of the Civil Grand Jury's finding. RECOMMENDATION NO. 17-East Los Angeles Courthouse The cells in this facility should be painted to remove graffiti. RESPONSE The Department agrees with the Civil Grand Jury's finding and concurs with their recommendation. This recommendation will not be implemented. The jurisdiction for this recommendation falls under the Los Angeles Superior Court. The court was notified of the Civil Grand Jury's finding. RECOMMENDATION NO. 18- Glendale Courthouse Address bus drop-off safety noted. RESPONSE The Department agrees with the Civil Grand Jury's finding and concurs with their recommendation. This recommendation will not be implemented. The jurisdiction for this recommendation falls under the Los Angeles Superior Court. The court was notified of the Civil Grand Jury's finding. RECOMMENDATION NO. 19.1- Metropolitan Courthouse Holding cell plumbing on 4th floor needs repair. RESPONSE The Department agrees with the Civil Grand Jury's finding and concurs with their recommendation. This recommendation will not be implemented. The jurisdiction for this recommendation falls under the Los Angeles Superior Court. The court was notified of the Civil Grand Jury's finding. RECOMMENDATION NO. 19,2- Metropolitan Courthouse More secure storage needed for inmates' personal property. RESPONSE The Department agrees with the Civil Grand Jury's finding and concurs with their recommendation. This recommendation has been implemented. A second storage locker cabinet was installed in lock-up to alleviate this issue. RECOMMENDATION NO. 20.1- San Fernando Court Graffiti still visible under the thin coat of paint needs to be completely covered with additional coats of paint. RESPONSE The Department agrees with the Civil Grand Jury's finding and concurs with their recommendation. This recommendation will not be implemented. The jurisdiction for this recommendation falls under the Los Angeles Superior Court. The court was notified of the Civil Grand Jury's finding. RECOMMENDATION NO. 20.2- San Fernando Court When facility breakdowns require continuous requests for repair, such as recurring plumbing problems, the Sheriff's Department should consider replacing and updating the facility. RESPONSE The Department agrees with the Civil Grand Jury's finding and concurs with their recommendation. This recommendation will not be implemented. The jurisdiction for this recommendation falls under the Los Angeles Superior Court. The court was notified of the Civil Grand Jury's finding. RECOMMENDATION NO. 20.3- San Fernando Court Radio receivers and transmitters should be fixed or updated so that communications on the upper floors of the courthouse work at all times. RESPONSE The Department agrees with the Civil Grand Jury's finding and concurs with their recommendation. This recommendation requires further analysis. The Department has issued court personnel new portable hand held radios to help alleviate this issue. The Department is also conducting a survey of the quality of radio transmissions in all Los Angeles County Superior Courts. The findings from this survey will be used to improve and enhance the quality of radio communications in all of Los Angeles County's Courthouses. RECOMMENDATION NO. 21- Santa Clarita Courthouse For the safety of everyone using the corridor, the Sheriff's Department should review the adequacy of the current procedures to move detainees in, out, and around the courtrooms. At the very least cameras should be installed near the building entrance to confirm that it si safe for the deputies, judges, and jurors to enter and exit from the courthouse. RESPONSE The Department agrees with the Civil Grand Jury's finding. This recommendation will require further analysis. The Department will review its current procedures in place for escorting inmates to court from lock-up. Installation of cameras near the building entrance and all camera installations falls under the jurisdiction of the Los Angeles Superior Court through the Office of Public Safety. The court was notified of the Civil Grand Jury's finding. RECOMMENDATION NO. 22.1- Torrance Courthouse Instruct deputies on how to properly organize required jail manuals, medical kits, etc. 0 RESPONSE The Department agrees with this recommendation. This recommendation will be implemented by September 1, 2019. The Department regularly trains personnel on the importance of familiarizing themselves and maintaining all required manuals and emergency equipment. RECOMMENDATION NO. 22.2- Torrance Courthouse Correct the air circulation problem in the men's jail. RESPONSE The Department agrees with the Civil Grand Jury's finding and concurs with their recommendation. This recommendation will not be implemented. The jurisdiction for this recommendation falls under the Los Angeles Superior Court. The court was notified of the Civil Grand Jury's finding. RECOMMENDATION NO. 22.3-Torrance Courthouse Upgrade the inadequate lighting and paint the cells to eliminate the graffiti. RESPONSE The Department agrees with the Civil Grand Jury's finding and concurs with their recommendation. This recommendation will not be implemented. The jurisdiction for this recommendation falls under the Los Angeles Superior Court. The court was notified of the Civil Grand Jury's finding. RECOMMENDATION NO. 23-Van Nuys Courthouse West Increase visibility in the elevators as the doors open by installing convex mirrors at ceiling height in the waiting area in front of the elevators on each floor. For added safety measures, construction should be shatterproof plastic or other material. RESPONSE The Department agrees with the Civil Grand Jury's finding. This recommendation will require further analysis. The Department will inspect the area of concern and consult with the Superior Court to find a viable solution to improve visibility. : RESPONSE TO THE 2018-2019 CIVIL GRAND JURY FINAL REPORT COUNTY OF LOS ANGELES PROBATION DEPARTMENT 2018-2019 CIVIL GRAND JURY RECOMMENDATIONS FOR DETENTION COMMITTE RECOMMENDATION NO. 24 Restart the Fire Camp program that taught firefighting skills at this facility. RESPONSE Disagree. This recommendation will not be implemented. Probation previously operated a program with the Fire Department for youth at Camp Paige. The program was discontinued in May 2018, due to insufficient youth eligible to meet the requirements of the Fire program. : *
* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.