Attorney Says Lomax Gave Him Letters

An attorney representing a civil rights group that has filed suit in the controversy over who controls the Los Angeles Police Department told a Superior Court judge Wednesday that Police Commissioner Melanie Lomax leaked confidential documents to him, an action Lomax has repeatedly denied.

The admission, made by Southern Christian Leadership Conference lawyer Peter Haviland during a court hearing, triggered a political tempest in which lawyers for Police Chief Daryl F. Gates called for Lomax’s immediate resignation and possible criminal prosecution for an “illegal and unethical act.”

“We believe that the disclosure today in court that Melanie Lomax is leaking privileged and confidential materials to the Southern Christian Leadership Conference confirms our worst fears,” said Jay Grodin, one of Gates’ attorneys. “This illegal and unethical act calls for her immediate removal or resignation.”

The alleged leak involved two advisory letters--dated March 20 and March 27--from the city attorney’s office to police commissioners advising them of the procedures under which they could discipline a police chief or place him on administrative leave.

The letters were used by the SCLC to document its claim that the city attorney has a conflict of interest in purporting to represent the commission and the City Council.

Grodin and co-counsel Harry Melkonian said that Lomax’s action and the commission’s rejection of the latest settlement proposed by the City Council on Tuesday raises questions about whether the civilian panel appointed by Mayor Tom Bradley can deal fairly with Gates.

Gates’ attorneys characterized the commission’s hearings as “kangaroo courts” and suggested that elements within and outside of city government are involved in a “conspiracy” to oust the chief in the wake of the Rodney G. King beating.

The lawyers said they will ask Los Angeles Superior Court Judge Ronald Sohigian to throw out the SCLC’s application to intervene in the controversy.

Commission President Dan Garcia said the four-member group did not vote to give the letters to anyone, suggesting that Lomax acted unilaterally.

Lomax was “not available” Wednesday afternoon, referring all calls to the outside attorney the commission has hired, Hillel Chodos.

Chodos said Lomax had a right to give the letters to the SCLC, even without approval by her fellow commissioners.

“The commission was being accused of illegal conduct by the very people (the city attorney’s office) who told them it was legal (to put Gates on a 60-day leave), and they are perfectly entitled to provide those documents to justify their actions,” he said. “The documents are ‘confidential’ only to the city attorney.”

He could not explain Lomax’s earlier denial that she had released anything to the SCLC, saying only there was some “ambiguity” about what had happened.

Chodos denounced the counterattack on Lomax as “nothing but a grandstand play to the press” by Gates’ lawyers. “It has absolutely no substance. Mr. Grodin is out of line and is going to eat it. The controversy should not be allowed to degenerate into a name-calling contest by lawyers out in the (courthouse) hall.”

He said that when the hearing resumes next week, he will present all four letters that the city attorney sent the commission and ask the judge to review them in chambers before deciding whether the entire package should be released.

Meanwhile, after hearing 3 1/2 hours of arguments from lawyers for the SCLC, the Police Commission, the city attorney and the chief, the judge continued the hearing to Tuesday.

The immediate issue is whether Sohigian should approve a settlement forged by the City Council and Gates that would permanently overturn the commission’s vote to suspend him pending an investigation of police brutality and the King beating. But the judge is also being asked to decide whether the commission or the City Council has the final say in how the Police Department is run.