LAT20170111

B4 WEDNESDAY, JANUARY11, 2017 LATIMES.COM

THE STATE

should bereported to au-

thorities. “There is no egre-

gious bre ach of socialnorms

in requiringreports of such

criminal activity.”

The state law is “reason-

ably calculated to further

the purpose of protecting

abused and sexually ex-

ploitedchildren,”the opi n-

ion stated.

Michael Alvarez,a Tor-

rancetherapist whowas one

of the plaintiffs in the law-

suit,was disappointed by

the ruling, which he said en-

dangerschildren by discour-

agingpatientsfrom seeking

treatment.

“There’s this whole cate-

goryofpeoplewhowanthelp

and need help and aren’tgo-

ingto gethelp,”Alvarezsaid,

addingthat he has stopped

treating people who are at-

tractedto children.

Numerous patientsad-

mit to downloading and

viewingchild pornography

butdon’tpresenta dangerto

children, he said. Instead,

they feelrepulsed by the

urges and seek help.

“Professionals with my

background and myexper-

tise no longer have clinical

discretion,” he said. “I can-

not say, ‘I believe this per-

son, even though they’re

looking at child pornogra-

phy, is nota dangerto chil-

dren.’ ”

Thelaw, whichtookeffect

in 20 15, amended thedefini-

tion of “sexualexploitation”

that must be reported to in-

cludethe acts of download-

ing, streaming or accessing

child pornography electron-

ically. That includesteens

whoexchange nude photo-

graphs of each other.

Previously, therapists

were required to alert au-

thorities when there was a

reasonable suspicion that a

person knowingly devel-

oped, duplicated, printed or

exchangedchild porn.

alene.tchekmedyian

@latimes.com

Twitter: @AleneTchek

ACalifornia appeals

court has affirmeda judge’s

decision to throw out a law-

suit challenginga state law

requiring therapiststo re-

port patients who admitto

viewingchild pornography

to the police, cappinga two-

year legal battleover patient

privacy rights.

Two therapists and a

substance abusecounselor

who treat sexual addiction

suedthe state in 2015, argu-

ingthatchangesto theChild

Abuse andNeglect Report-

ing Act violate a patient’s

constitutionally protected

rightto privacyand deter

themfrom getting help.

The state countered that

apatient’s right to privacy is

outweighed bya far more

compelling interest in pro-

tecting sexually exploited

children.

ALos Angeles County

Superior Court judge tossed

the case,ruling that there’s

no “zoneof privacy” for il-

legalconductand thatpa-

tients who seek therapy for

downloadingchild pornog-

raphy do so knowing they’ll

be reported and may be

prosecuted.

In itsrulingMonday, a

three-judge panel for the

2nd District Court of Appeal

agreed, stating that thecon-

ductisnotentitledto consti-

tutional protection.

“Not only is it illegal, the

conduct is reprehensible,

shameful and abhorred by

any decent and normal

standardsof society,” the

ruling stated, adding that

the Legislature longago de-

termined thatchild abuse

Child porn

reporting

law upheld

on appeal

Court affirmstossing

of suit over a revision

requiring therapiststo

report patients who

admitviewing images.

By Alene

Tchekmedyian

He told the panel that as the
sonof hardworking immi-
grants, he iscommitted to
fighting any federalpolicy
that takesaway the rights of
Californianswhoare playing
by therules.
“As California’s chief law
enforcement officer and le-
gal advocate,I am going to
be ready to deploy thoseval-
ues and life lessonsto ad-
vance and defend the rights
—big and small— of all Cali-
fornians,” Becerra told the
panel. “Everyone who plays
by California’s rules de-
se rves to know, ‘We’ve got
your back.’ ”
The 12-term congress-
man said he supports the
state’s policies protecting
the environment and civil
rights. He said he opposes
racial profiling by police and
the stop-and-frisk poli cies of
some cities.
With Trump proposing
mass deportationsand reg-
istrationofimmigrantsfrom
predominantly Muslim
countries, Becerra said,“the
head windsfrom outsideof
California could threaten
the basic rights of so many
families like the oneI grew
up in.”
“At risk is the notion that
anyonewho, like my parents
andyours,workshard and
builds this country can
dream to own theirown
home,send their kidsto col-
lege, earna dignifiedretire-

ment,” he said.

Askedaboutthreats of

cuts in federal fundingto so-

called sanctuary cities, Be-

cerra said cities will not pro-

tect violent criminals.

“‘Sanctuary’ is simply

saying we are not going to go

out there and do the bidding

of an aggressive immigra-

tion enforcement agency.”

Becerra noted that fed-

eral law, on occasion, pr eem-

pts state law, but he said he

will be vigilant in ensuring

that the state’s lawsare pre-

served to theexte nt pos-

sible.

“If we have laws in place,

we have every rightto pro-

tect those laws,” Becerra

said.“And while the federal

governmenthaspreemption

authority in most cases

against the state for matters

that are federal in nature,

the federal government

would have to prove that

what it’s doing is federal in

nature and that it isn’t vio-

lating the state’s rightsto

enact laws that improvethe

welfare of its people.

“You willfind me being as

aggressive as possiblewor k-

ing with allof you to fig ure

out ways thatwe can make

surethereisnofederalintru-

sion in areas that are really

left to the state in theU.S.

Constitution.”

Republican members

called on Becerrato make

fighting crime histop pri-

ority and said they hadcon-

cerns about the attorney

general failingto defend the

rights ofgun owners andre-

ligious institutions facingin-

terference by the state gov-

ernment.

Assemblyman James

Gallagher (R-PlumasLake)

complained aboutreligious

nonprofits being told by the

state they must inform cli-

ents of theavailability of

abortion serviceseven if it is

against their beliefs.

Becerratrie d to lighten

the mood in the face of

deeply philosophical ques-

tions.

“You’r e getting into some

subjectsthat probablyre-

quire a few beers,” Becerra

said, offeringto buy Galla-

gher a round so they could

talk aboutweight y issues.

Some50 peopletestified,

with support coming from

groups such as the Sierra

Club, Los Angeles Police

Protective League, Equality

Californiaand several labor

unions. Onlytwo people ob-

jectedto the nomination, in-

cluding an American Inde-

pendent Party member who

questionedwhetherBecerra

had enoughyears serving as

an attorneyto be qualified.

Craig DeLuz of the Fire-

arms Policy Coalition said

his groupwants a state at-

torneygeneral who can pro-

tect the constitutional

rights ofgun owners.

“Unfortunately, based on

the record, we simply do not

believe that this nominee is

capable of doing that,”

DeLuztold the panel.

TheNational Rifle Assn.

also opposed Becerra in a

letter.

patrick.mcgreevy

@latimes.com

Becerra

receives

panel’s

backing

for post

REP. XAVIER BECERRApledged to aggressivelydefend state policies on immi-

gration, civil rights and the environment against “federal intrusion.”

Gary CoronadoLos Angeles Times

[Becerra,fromB1]

SAN DIEGO— The fatal
shootingof Alfred Olango —
an unarmed black man— by
El Cajon police lastyear was
justified, officials saidTues-
day, and the officer involved
will not face criminal
charges.
In making the announce-
ment, San Diego County
Dist. Atty. Bonnie Dumanis
said: “The law reco gnizes
police officers are often
forcedto make split-second
decisions in circumstances
that are tense, uncertain
and rapidly evolving. As
prosecutors,we have an eth-
ical duty to follow the law
and onlycharge indi viduals
when we have proofbeyond
areasonable doubt.
“The only reasonable
conclusionwas the officer’s
actions were justified.”

The decision came more

than three months after

Olango,38, was shot during

an altercation in the parking

lot behi nd a taco shop in a

strip mall.

According to police,the

officers who confronted

Olango on Sept.27 believed

he wasarmed withaweapon

—which was later deter-

mined to be an e-cigarette

device.

The day of the shooting,

Olango’s sister had called

police saying she wanted

help for him because he

wasn’t “acting like himself.”

Others who called911 said a

manwas acting erratically

and walking into traffic.

Twoofficers approached

Ol ango in the parking lot,

one witha gun drawn, the

other witha Taser.

Cellphone and security

camera videoreleased by

authorities showed Olango

backing up againsta white

pickup, then pullinga shiny

object from his front pants

pocket and aiming it at one

of the officers.

Officer Josh McDaniel

fired the Taser and Officer

Richard Gonsalves fired his

gun, fatallywounding the

Ugandanrefugee.

Olango had had prioren-

counterswith law enforce-

ment. Because of drugand

firearms convictions, U.S.

Immigration and Customs

Enforcementhadtwicetried

to deport him.

The Rev. Al Sharptonof

the National Action Net-

work, a civil rightsgroup,

and the Rev. Shane Harris,

president of the organiza-

tion’s San Diego chapter,

have called on theJustice

Departmentto investigate

the shooting.

Olango’s relatives also

have filed wrongful-death

claims, which can be precur-

sorsto lawsuits, with the

city.

dana.littlefield

@sduniontribune.com

Twitter: @danalittlefield

Littlefield writes for the San

Diego Union-Tribune.

THE SHOOTINGof Alfred Olango, who was unarmed, was deemed justifiedby the San Diego County district
attorney’s office. Above, a vigil is held in front of the ElCajon Police Department after the shooting lastyear.

Mark BosterLos Angeles Times

El Cajon officer won’t face

charges in fatal shooting

RELATIVESof Alfred

Olango have filed wrong-

ful-death claims.

Olango family

By DanaLittlefield

Syed RaheelFarook —

whoseyounger brotherwas

one of thetwo terrorists who

killed14 people at the Inland

Regional Center in San Ber-

nardino in 2015 — plea ded

guilty Tuesday in federal

court to conspiracyto com-

mit a crime inrelationto a

marriage fraud case for

wh ich hewas charged

months after the attack.

TheFBIarrestedFarook;

his wife, Tatiana Farook;

and her sister, Mariya

Chernykh, on marriage

fraudcharges in April. The

case centered onChernykh’s

marriage to Enrique

Marquez Jr., whowas ac-

cusedofbuyingtheweapons

usedbySyedRizwanFarook

andhiswife,TashfeenMalik,

in the Dec. 2, 2015, attack.

Chernykh isa Russian

citizen,andprosecutorssaid

she marriedMarquez to ob-

tain legal U.S. residency,

even though thetwo did not

livetoge therandneverhada

marriage ceremony.

SyedRaheel Farook and

his wife helped thecouple

planand execut e the fraud,

prosecutors said.

The case agai nstthe

elder Farook, his wife and

sister-in-law was not related

to the Dec.2 shootings. But

authorities learned of the

marriage scheme in the

aftermath of the attack.

Farook, who is free on

bail, is scheduledto be sen-

tenced inNovember.

He facesa maximum of

five years in federal prison

under the charge. His attor-

ney, Ron Cordova, declined

to comment on whyFarook

agreed to pleadguilty.

paloma.esquivel

@latimes.com

richard.winton

@latimes.com

Brother of

terror shooter

pleads guilty

SYEDRaheelFarook

faces a maximum offive

years infederal prison.

Irfan KhanLos Angeles Times

Syed RaheelFarook

admitsrole in a

marriage fraud case

unrelated to ’15 attack.

By Paloma Esquivel

and RichardWinton