Judge Refuses Prosecutor Paperwork in Dalton Case

A Los Angeles Municipal Court judge Tuesday refused a request by the prosecution in the 39th and Dalton police misconduct case for all the paperwork gathered by a police sergeant who, acting as a police union representative, was defending officers against departmental charges stemming from the incident.

The action by Judge Larry Paul Fidler was a setback for the prosecution, which had intended to use the materials to bolster its case against four officers accused of destroying property during a massive police raid on four apartments near 39th Street and Dalton Avenue two years ago.

Sgt. Robert Kavanaugh, Fidler ruled, enjoys a quasi attorney-client privilege with several officers who were involved in the raid--but not charged--and is protected from being subpoenaed. The Police Commission last year cleared Kavanaugh of accusations that he had improperly aided the defense team in the criminal case.