Los Angeles Times - 27.08.2019

A8 TUESDAY, AUGUST 27, 2019 LATIMES.COM

who was not speaking for his
office. “Nobody knows about
it.”
Even when prosecutors
are alerted to problem offi-
cers, trial judges with broad
discretion ultimately will de-
cide what information in an
officer’s personnel files gets
disclosed, said Jason White-
head, a Cal State Long
Beach political science pro-
fessor who has written about
the justice system.
“Just like in the federal ju-
diciary, where you have con-
servative and liberal cir-
cuits, the same is true in Cal-
ifornia,” he said.
The decision overturned
the Court of Appeal ruling
that barred the sheriff from
giving prosecutors the
names of deputies who had
committed misconduct, in-
cluding lying, taking bribes,
tampering with evidence,
using unreasonable force or
engaging in domestic vi-
olence.
By law, prosecutors are
required to disclose to de-
fendants exculpatory evi-
dence, including informa-
tion that could diminish the
credibility of police officers
who worked on a case.
But California law has
long protected the confiden-
tiality of police personnel re-
cords, and law enforcement
unions have sought to keep
those records private.
Monday’s decision said
that merely disclosing to
prosecutors that a deputy
was on a list of problem offi-
cers did not violate Califor-
nia law protecting personnel
records.
Indeed, the court said,
such an alert might be
needed for prosecutors to
fulfill their constitutional
duty to give the defense evi-
dence that might cast doubt
on a defendant’s guilt, re-
duce a potential sentence or
diminish the credibility of
prosecution witnesses.
Once alerted that a depu-
ty has a history of miscon-
duct, prosecutors can file a
motion to obtain the depu-
ty’s records. A judge would

review the officer’s records

in chambers and determine

whether anything must be

disclosed. If the information

is potentially exculpatory,

the prosecution must dis-

close it to the defense.

Interpreting state law to

prevent alerts to prose-

cutors “would pose a sub-

stantial threat to Brady

compliance,” Chief Justice

Tani Cantil-Sakauye wrote

for the court.

“There can be no serious

doubt that confidential per-

sonnel records may contain

Brady material,” she said.

“An officer may provide im-

portant testimony in a crim-

inal prosecution. Confiden-

tial personnel records may

cast doubt on that officer’s

veracity. Such records can

constitute material im-

peachment evidence.”

Prosecutors have a con-

stitutional duty to learn of

any evidence favorable to

the defense and disclose it,

the court noted. But to suc-

ceed in a motion to obtain an

officer’s personnel files, the

prosecution or the defense

must show there is good rea-

son to believe the files con-

tain potentially exculpatory

evidence. Brady alerts help

provide that reason.

Laws to protect police

personnel files were largely

intended to “shield informa-

tion from the public’s eyes —

not from the eyes of govern-

ment officials who may need

that information to satisfy a

constitutional obligation,”

the court said.

The decision noted that

the L.A. deputies union,

which fought disclosure, ar-

gued that Brady applied

only to prosecutors, not po-

lice — a view the court called

“distressing and wrong.”

“Law enforcement per-

sonnel are required to share

Brady material with the

prosecution,” wrote Cantil-

Sakauye, a former prose-

cutor who is married to a re-

tired police officer. “The

harder it is for prosecutors

to access that material, the

greater the need for depu-

ties to volunteer it.”

Police departments in at

least a dozen counties, in-

cluding San Francisco, Sac-

ramento and Ventura, have

had a regular practice of

sending prosecutors the

names of so-called Brady list

officers.

The L.A. County Sheriff ’s

Department said it would

comply with the decision. In

a statement, the depart-

ment said it would provide

all information required to

the district attorney’s office

on a case-by-case basis.

“Because the Sheriff ’s

Department understands

the needs of the community,

we plan on sitting down with

the District Attorney to

work out an effective, effi-

cient, transparent and open

process for turning over the

information,” the statement

said.

An attorney for the depu-

ties union did not respond to

a request for comment.

Geoffrey S. Sheldon, who

represented Los Angeles

County in the case, said he

believed that most law en-

forcement agencies in the

state kept Brady lists and,

until the 2017 Court of Ap-

peal ruling, alerted prose-

cutors when an officer on the

list was going to testify.

Monday’s “decision talks

about insiders and outsid-

ers,” Sheldon said. “We are

talking about limited disclo-

sure between two members

of the prosecution team, and

it is for a very noble purpose,

which is Brady compliance.”

Although the court did

not say whether prosecutors

could share alerts with de-

fense lawyers, Sheldon said

he believed that would be

possible. The defense lawyer

would then file a motion for

an officer’s records. A judge

would review them privately,

disclosing only what was

pertinent to the case.

If an officer’s records

showed dishonesty in the

past, that information

would have to be disclosed to

the defense, Sheldon said.

But if an officer was placed

on a Brady list for racial pro-

filing, and the case at hand

had nothing to do with race,

the information probably

would not be disclosed, he

said.

Whitehead said the scope

of Monday’s ruling will prob-

ably be clarified in future

court cases. He said judges

in more liberal counties will

probably err on the side of

disclosure, whereas judges

in other counties may be

highly protective of police

privacy.

“This is certainly a begin-

ning” for transparency, he

said. “We will see what the

lower courts do with it.”

He noted there has been

a national push for more po-

lice transparency, which in

California led to the passage

of two laws last year that

dramatically altered public

access to police records.

Senate Bill 1421, which

went into effect Jan. 1, allows

the public to view investiga-

tions of officer shootings and

other major uses of force, in

addition to confirmed cases

of sexual assault and lying

while on duty.

But the law does not ap-

ply to a broader range of mis-

conduct that can put an offi-

cer on a Brady list, including

domestic abuse, sexual har-

assment, racial discrimi-

nation and bribery.

Another bill signed into

law last year requires law en-

forcement departments to

make public body-worn

camera video and audio re-

cordings of officer shootings

and serious uses of force

within 45 days, unless doing

so would compromise an on-

going investigation.

A Times investigation

found the Sheriff ’s Depart-

ment kept a secret list of

problem deputies for years

but that it was never turned

over to prosecutors.

State Atty. Gen. Xavier

Becerra called Monday’s de-

cision “a positive step for-

ward in maintaining a fair

and transparent criminal

justice system for Califor-

nia.”

Times staff writer Maya Lau

contributed to this report.

THE SHERIFF’S Department said it would comply with the ruling on disclosing names of errant deputies.

Mel Melcon Los Angeles Times

Court backs greater access

to police misconduct cases

[Officers,from A1]

ney for Johnson & Johnson

and its subsidiaries, said the

companies had sympathy

for those who suffered from

substance abuse but called

the judge’s decision flawed.

“You can’t sue your way

out of the opioid abuse cri-

sis,” Strong said. “Litigation

is not the answer.”

Attorneys for the plain-

tiffs in the cases consoli-

dated before a federal judge

in Ohio called the Oklahoma

judgment “a milestone amid

the mounting evidence

against the opioid pharma-

ceutical industry.”

“While public nuisance

laws differ in every state, this

decision is a critical step for-

ward for the more than 2,

cities, counties, and towns

we represent in the consoli-

pointed to two former John-
son & Johnson subsidiaries,
Noramco and Tasmanian
Alkaloids, which produced
much of the raw opium used
by other manufacturers to
produce the drugs.
On Monday, Hunter said
the Oklahoma case could
provide a “road map” for
other states to follow in hold-
ing drugmakers responsible
for the opioid crisis.
“That’s the message to
other states: We did it in
Oklahoma. You can do it
elsewhere,” Hunter said.
“Johnson & Johnson will fi-
nally be held accountable for
thousands of deaths and ad-
dictions caused by their ac-
tivities.”
Among those seated in
the courtroom on Monday
were Craig and Gail Box,
whose son Austin was a 22-
year-old standout lineback-
er for the University of Okla-
homa football team when he
died of a prescription drug
overdose in 2011.
One of the attorneys for
the state, Reggie Whitten,
said he lost a son to opioid

abuse. “I feel like my boy is

looking down,” Whitten said

after the judge’s ruling, his

voice cracking with emotion.

Oklahoma pursued the

case under the state’s public

nuisance statute and pre-

sented the judge with a plan

to abate the crisis that would

cost between $12.6 billion for

20 years and $17.5 billion over

30 years. Attorneys for John-

son & Johnson have said

that estimate is wildly in-

flated. The judge’s award

would cover the costs of one

year of the state’s abatement

plan, funding things such as

opioid use prevention and

addiction treatment.

Attorneys for the com-

pany have maintained they

were part of a lawful and

heavily regulated industry

subject to strict federal over-

sight, including the U.S.

Drug Enforcement Agency

and the Food and Drug Ad-

ministration, during every

step of the supply chain.

Lawyers for the company

said the judgment was a

misapplication of public nui-

sance law.

Sabrina Strong, an attor-

dation of federal opioid

cases,” they said in a state-

ment.

Also on Monday, the Ken-

tucky Supreme Court de-

clined to review an earlier

ruling that made previously

secret testimony from for-

mer Purdue Pharma Presi-

dent Richard Sackler and

other documents public.

The court record was sealed

in 2015 as part of a $24-mil-

lion settlement between

Purdue and Kentucky.

The 17 million pages of

documents were being

shipped Monday from

Frankfort to Pike County,

where the case originated.

The Pike County Circuit

Court Clerk’s office could

not say how and when they

would be available.

OKLAHOMAAtty. Gen. Mike Hunter called the case

a “road map” for states to prosecute drugmakers.

Sue OgrockiAssociated Press

Drugmaker must

pay $572 million

[Opioids,from A1]

Joe Biden may be losing

his lone front-runner status

and is effectively tied with

Sens. Bernie Sanders and

Elizabeth Warren at the top

of the Democratic 2020 pri-

mary field, according to a

Monmouth University poll

released Monday.

But the survey has a large

margin of error and is an out-

lier compared with other re-

cent national polls, which

have usually shown Biden

with at least a several-point

lead.

National support for the

former vice president

among likely Democratic

voters interviewed by Mon-

mouth dropped to 19% from

32% compared with Mon-

mouth’s previous poll in

June, while Warren, of Mass-

achusetts, jumped to 20%

from 15% and Sanders, of

Vermont, leapt to 20% from

14%.

Survey numbers indi-

cated that previous sup-

porters of Biden, a moder-

ate, might be flipping to

Warren and Sanders, two of

the most progressive candi-

dates in the race, rather

than opting for less left-wing

alternatives.

Sen. Kamala Harris of

California held steady at 8%

support in the Monmouth

survey.

Sen. Cory Booker of New

Jersey claimed 4% support,

and entrepreneur Andrew

Yang registered 3% support.

“Moderate voters, who

have been paying less

attention, seem to be ex-

pressing doubts about

Biden. But they are swing-

ing more toward one of the

left-leaning contenders with

high name recognition

rather than toward a lesser-

known candidate who

might be more in line with

them politically,” Patrick

Murray, director of the inde-

pendent Monmouth Uni-

versity Polling Institute, said

in a statement.

The survey has a 5.7%

margin of error, suggesting

more polling is needed to

confirm whether a shift is

really taking place in the

race and whether Biden,

Sanders and Warren are as

competitive as they appear.

“This poll is an outlier

that is contradicted by every

measure of the national av-

erage,” a Biden campaign

spokesman said in a state-

ment, citing a Real Clear

Politics aggregation of mul-

tiple recent national polls

showing Biden leading War-

ren and Sanders by more

than 10% on average.

Murray acknowledged

the poll’s unusual result,

adding, “It’s important to

keep in mind this is just one

snapshot from one poll.”

Biden has largely main-

tained a commanding lead

in previous presidential pri-

mary polls even as questions

have mounted about his fre-

quent verbal slips on the

campaign trail and the

often-lukewarm views of his

supporters.

The poll was conducted

through live telephone inter-

views from Aug. 16 to 20 with

298 registered voters who

identify as Democrats or

who lean toward the party.

Poll suggests tie

among Warren,

Sanders, Biden

Progressive senators

may have caught up

to the front-runner,

but the survey is

considered an outlier.

SENS. Bernie Sanders (I-Vt.) and Elizabeth Warren

(D-Mass.) have gained on rival Joe Biden, a new poll

shows. But the survey has a large margin of error.

Brendan SmialowskiAFP/Getty Images

By Matt Pearce

NEWARK, N.J. — Prose-

cutors called a New Jersey

man “dangerous to society”

after pieces of a human body

were found in his closet, in-

cluding a head, part of an

arm, and a torso dressed in a

necktie and suit jacket.

Robert Williams of New-

ark pleaded not guilty on

Monday to desecrating hu-

man remains and separate

charges of child sexual

abuse.

Police initially went to

Williams’ home to investi-

gate allegations he abused a

12- to 13-year-old boy over

several months, but when

they searched the apart-

ment they found an altar

and mummified human re-

mains that had apparently

been used in religious cere-

monies, according to prose-

cutors.

The county’s medical ex-

aminer has yet to identify

the remains, but Assistant

Essex County Prosecutor

Michael Morris said Monday

that they weren’t related to

the sex abuse charges.

The remains, found in a

plastic bin, “raise the

specter of a person out of

step with society and dan-

gerous to society,” Morris

told the judge in arguing for

detention.

At the conclusion of the

brief proceeding, state Su-

perior Court Judge Ronald

Wigler ordered Williams

held pending trial.

Williams’ lawyer, public

defender Susan Friedman,

had argued that he could be

released on home confine-

ment and electronic moni-

toring. She said he had lived

in the area for 18 years and

had one disorderly person

offense on his record that

dates back more than 10

years.

New Jersey largely elimi-

nated cash bail in 2017 and

gave defendants the right to

offer evidence showing why

they should be released be-

fore trial.

The judge noted that

Williams’ alleged crimes

carry a presumption of de-

tention and that Williams

would be sentenced to a

minimum of 25 years if he is

convicted of the most seri-

ous charge, aggravated sex-

ual assault of a child under

13.

Statements by Williams

corroborated the alleged vic-

tim’s statements, Wigler

said. “Reams of text mes-

sages” describe the alleged

abuse, Morris added.

Williams is next sched-

uled in court Sept. 16.

Man who kept body

parts called a danger

Police investigating

allegations of child

abuse found a head,

arm and jacket-clad

torso in a closet.

associated press

■■■ ELECTION 2020■■■