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Sheriff Must Release Data to Youngblood

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Times Staff Writer

Orange County Sheriff-Coroner Brad Gates must release two large boxes filled with confidential surveillance reports and audiotapes to his longtime foe, former Orange County Municipal Judge Bobby D. Youngblood, a federal judge ruled Monday.

The ruling by U.S. District Judge John G. Davies ended a two-year battle over the use of the sensitive material for Youngblood’s 3-year-old, $10-million civil rights suit against Gates.

Davies said Youngblood’s attorney may use the information to prepare for the trial, scheduled to begin April 15. But he warned that release of the material to the press could result in dismissal of the lawsuit. The exact nature of the files remained a mystery Monday, but the judge said he reviewed some of the material in his chambers and felt that it could be a “source of embarrassment to people.”

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Youngblood, who ran unsuccessfully last June to unseat the three-term sheriff, alleges that Gates violated his civil rights by spying on and harassing Youngblood and two of his friends. Gates’ attorneys have repeatedly denied the allegations.

“It’s a great victory,” said Youngblood’s attorney, Michael J. Cisarik, after Monday’s ruling. “We’ve been fighting for these files for two years now.”

Although he was visibly disappointed by Davies’ ruling, Gates’ attorney, Eric L. Dobberteen, downplayed its significance.

“It means (Cisarik) can use (the files) to get ready for the trial,” said Dobberteen, who declined further comment Monday.

Sheriff Gates said through a spokesman that he was aware of the ruling but preferred not to comment on it.

Although Davies granted permission for Cisarik to use the material, he warned that an “inflammatory press conference” or any release of the confidential files to the press “will result in sanctions, including dismissal of the case.”

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Pair Joined in Suit

Cisarik previously alleged in court that Gates ordered his deputies to follow, spy on and harass Youngblood and two friends, George Patrick Bland, a private investigator, and George Wright, a community college instructor. Both Wright and Bland, who joined Youngblood in suing Gates, have been unsuccessful candidates for sheriff in past years.

Youngblood, who drew 17.3% of the vote compared to Gates’ 64.2%, took an unpaid leave of absence from the Municipal Court to devote all his time to the June, 1986, campaign. In August, Youngblood resigned from the court and apparently has left Orange County. At the time of his resignation, he told friends he was thinking about leaving the country.

For nearly two years, Gates’ attorneys have successfully blocked the release of the sheriff’s files to Youngblood.

In December, 1985, a federal magistrate ruled that Youngblood had the right to review the material because “Gates’ investigation might have bordered on overzealousness and the plaintiff’s civil rights may have been violated.”

The sheriff’s attorneys later convinced a federal judge to overturn that ruling and keep the material under wraps. The case was later transferred to Judge Davies.

Cisarik continued filing motions, insisting that he needed to use information in the files to prepare his case for trial.

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‘Police Should Be Accountable’

Davies agreed, saying Monday that Cisarik should have the files because the sheriff’s attorneys did not specify exactly what or who they were trying to protect.

“We have First Amendment problems,” said Davies. “And an attorney, in the preparation of his case, must use the evidence available.”

Davies added, “I think the police should be accountable.”

The judge also urged Cisarik to cooperate with the sheriff’s attorneys in arranging depositions of potential Youngblood witnesses. On the list are former Orange County Register reporter Chuck Cook, who now works for the Los Angeles Herald Examiner, and Jeffrey A. Perlman, a Los Angeles Times reporter working for the Orange County edition. The newsmen covered the political battles between Youngblood and the sheriff.

“As hard as it is, try to cooperate with the defendants,” a smiling Davies told Cisarik. “It’s difficult, it’s difficult,” said Cisarik, who moments later was engaged in a shouting match with Dobberteen outside the courtroom.

Times staff writer Mark Landsbaum contributed to this story.

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