Order Finding FBI Agent in Contempt of Court Reversed

A federal judge’s order holding an FBI agent in contempt for not testifying in a civil rights trial was reversed Tuesday by an appeals court, allowing a trial to continue on the propriety of a Sunland police shooting that left three robbers dead.

Without comment, the 9th Circuit Court of Appeals reversed U.S. District Judge J. Spencer Letts, who last month held FBI Agent Richard Boeh in contempt when he refused to testify about his investigation into the shooting. The incident occurred Feb. 12, 1990, when several Los Angeles police officers converged on four men who had just held up a McDonald’s restaurant.

Letts ordered Boeh jailed Jan. 30 but then allowed the agent to remain free without bail while three 9th Circuit judges considered the U.S. attorney’s appeal of the contempt order.

Boeh was called to testify in a case in which the families of the three men killed by the police and the fourth robber, who was shot but survived, are alleging that members of the Police Department’s Special Investigation Section opened fire on the robbers without provocation or warning. They are seeking $10 million in damages from the officers and their supervisors, including Mayor Tom Bradley and Police Chief Daryl F. Gates.

During the trial, which has been delayed three weeks because of the contempt issue, the key dispute has been whether the robbers were armed.

The plaintiff’s attorney, Stephen Yagman, subpoenaed Boeh because he believes that the agent has information that will bolster his charge that the robbers were unarmed when they were shot while sitting in their getaway car.

But the U.S. attorney’s office sought to block Boeh’s testimony, saying it might hinder the FBI’s ongoing investigation of the shooting, reveal the identities of informants and break rules of secrecy involving grand jury investigations.

Letts disagreed with the government’s contention that it had the authority to prevent Boeh from testifying. He first ordered Boeh to discuss his investigation privately in his chambers. The agent refused. Letts then ordered him to testify in court and the agent refused again. The judge then held the agent in contempt twice.

The three-judge appeals panel overturned the contempt order and also reversed Letts’ denial of the U.S. attorney’s office request to halt the subpoena of Boeh.

Yagman said Tuesday that he was disappointed by the ruling and has asked for a rehearing. Meanwhile, he said, Letts ordered the trial to resume Thursday morning.

Yagman said he will rest his case because Boeh was to be the last witness for the plaintiffs.

The U.S. attorney’s office declined to comment on Tuesday’s ruling.