Story Masks Real Issue

In today’s environment, in which the Los Angeles County Sheriff’s Department is now affixing bumper stickers to patrol cars and posting signs in booking cells complete with an 800 number and asking “How are we doing?”, it was surprising and discouraging that The Times chose to focus on the potential chilling effects of the action brought by Deputy Schoenborn.

The formal complaint, as reported, accused the deputy either directly or by inference of several serious criminal acts. Such a complaint if sustained would, at a minimum, result in the firing of the deputy and could result in both an expensive civil suit and criminal prosecution against the deputy.

Instead of focusing on these and other relevant issues, the article seemed to have a two-fold premise: First, that Deputy Schoenborn’s lawsuit may have a chilling effect on future complaints against peace officers, and second, that the suit may not have been brought had the charge not been homosexuality.

Given the current controversy surrounding homosexuals and the military as well as the LAPD’s recent stance on homosexual officers, this is a seductive piece of speculation. Unfortunately, it masks the real issue, namely the seriousness and criminal nature of the charges leveled against the deputy and the fact that these false charges may have been intentionally and maliciously made.

As to any chilling effect resulting from the deputy’s lawsuit, I doubt that any legitimate complainant would be deterred by even a multimillion-dollar verdict here, assuming the verdict was accurately reported by the news media. Such a verdict would require not only finding that the facts reported were indeed false, but also proof that the complaint was made maliciously with the intent to damage the deputy.

Citizen participation in law enforcement is both a reality and a necessity for a successful society. False and malicious charges should be chilled and prosecuted, whether civilly or criminally.

CHARLES H. FEDALEN JR.

Sherman Oaks

Fedalen wrote as an attorney and reserve sheriff’s deputy.