Investigation of Police Role in Fraternity Case Sought

The acting president of the Police Commission said Thursday that the panel should determine whether Los Angeles police officials, including Chief Daryl F. Gates, showed favoritism to a USC fraternity whose members were investigated in an alleged rape and two beatings.

The Times reported Thursday that police and prosecutors investigated, but did not charge, members of Alpha Tau Omega after a female student said she was raped and subjected to lewd conduct in the fraternity house in December, 1989. Detectives and their supervising captain told The Times that former Deputy Chief William Rathburn, a USC graduate who was active in alumni affairs, scuttled the investigation despite their strong objections.

After the detectives took their concerns to Gates, also a USC graduate, the chief backed Rathburn. Additionally, Gates asked the father of one of the ATO members to help raise campaign funds for a police-backed city ballot measure while the investigation still was under way.

Police also investigated ATO members implicated in the separate beatings of two male students. One ATO member was charged in one of the beatings. No one was charged in the second incident.

Police Commissioner Melanie Lomax said she will ask the panel to investigate. “It would be totally unacceptable if it was happening,” she said, “particularly when you’re talking about college students acting like thugs.”

More disturbing, she said, was the suggestion by the detectives that the fraternity members were afforded special treatment.

“Just as it’s unacceptable for police officers to be extremely harsh to minorities, it is equally unacceptable to have a separate set of law enforcement standards for rich . . . Caucasians,” she said.

Gates has denied that the fraternity was given special treatment. “If we find something, we’ll prosecute,” he said. He could not be reached for comment Thursday.

But his spokesman, Lt. Fred Nixon, said the chief and the Police Department would not comment further. “We consider these issues to be asked and answered,” he said. “We see no point in making any more responses.”

Rathburn, now chief of police in Dallas, previously issued strong denials that favoritism was given to the fraternity members. He said there was not enough evidence to support arrests on the rape charges. And the district attorney and the city attorney both said there was insufficient grounds for prosecution.

Ramona Ripston, executive director of the American Civil Liberties Union of Southern California, sent a telegram to the Christopher Commission--which is investigation widespread allegations of police abuse after the Rodney G. King beating--asking it to investigate the relationship between police officials and USC.

But commission chief Warren Christopher said in a statement released later that “while the described incidents are of great concern, they do not appear to be directly related to the use of excessive force under color of law, which is the central focus of our commission. Accordingly, we believe that it would be preferable for the incidents to be acted on by the existing agencies of government.”

Alpha Tau Omega is considered among the most socially prestigious on campus and has a reputation for partying. One of the youths investigated for possible lewd conduct, but not charged, is the son of USC Trustee John C. Argue, who helped raise funds for the city ballot measure at Gates’ request. All of those investigated, including Argue’s son, have denied any wrongdoing.

Those who have complained about Los Angeles police conduct in the case, in addition to the detectives, included the alleged victims of the violence and their parents. The woman who said she was raped has filed a civil suit against the fraternity and nine members.