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Reprimanded Aide in Computer Case, Chief Gates Testifies : Police: A suit claims that an assistant chief used a department computer to discredit a political candidate.

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TIMES STAFF WRITER

Police Chief Daryl F. Gates testified in a lawsuit Wednesday that he gave an oral reprimand to his second in command for using a department computer to circulate information against a political activist during a 1989 Pasadena city election.

The Superior Court suit filed by Michael Zinzun, a longtime activist against police abuse, claimed that Assistant Chief Robert L. Vernon violated his civil rights and discredited his 1989 campaign for the Pasadena Board of City Directors by making information from the Police Department’s Anti-Terrorist Division available to his critics.

Gates said Vernon’s actions were inappropriate and he counseled the assistant chief, but gave no further discipline.

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“We are talking about a top executive who serves at my pleasure,” Gates said, in explaining his decision to counsel Vernon. “It caused an appearance (of impropriety) that was difficult to correct.”

Gates said Vernon did not supply confidential information from anti-terrorist files. Instead, he retrieved public documents from a private computer service to which the department subscribes. For that reason, the chief said, he did not issue a written reprimand.

“He acted in good faith,” Gates said of Vernon. “His purpose was to make sure that all the material he dealt with was from public access.”

Vernon was required to reimburse the department for the use of computer time.

Dan Stormer, Zinzun’s attorney, said that, because the material was obtained and released in news reports during the middle of the election campaign, his client was labeled as a terrorist.

“It devastated his campaign,” Stormer said.

Deputy Los Angeles City Atty. Mary House said Vernon’s actions never labeled Zinzun a terrorist and that the information he gathered on the candidate was available to the public. She said that The Times and other newspapers misrepresented the public documents, which are readily available in the library as anti-terrorist files.

Gates said he told reporters that the information distributed by Vernon was public material.

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“I reminded them this this was not a department computer, these were not department files,” he testified.

Zinzun narrowly missed a runoff for the position on the Board of City Directors--which is similar to a City Council seat--to Chris Holden, son of Los Angeles City Councilman Nate Holden.

The city attorney had tentatively agreed to pay $450,000 to settle the lawsuit, but the City Council refused to settle, preferring the matter go to trial.

Gates, who earlier had attended a Police Department awards ceremony, appeared in court dressed in his police uniform and a holstered 9-millimeter pistol on his side.

“Quite frankly I haven’t had time to change,” he said in response to a question.

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