Prosecution of Fleiss’ Alleged Clients Studied : Courts: Possibility of charges based on alleged madam’s ‘black book’ is raised at hearing on whether she is a victim of discriminatory practices.

A prosecutor in the case against reputed Hollywood madam Heidi Fleiss said Friday that he is considering filing charges against some of Fleiss’ alleged male clients, raising the prospect that some of the names in her “black book” might one day be made public.

Deputy Dist. Atty. Alan Carter made the comment in court during a hearing on Fleiss’ contention that she is a victim of discriminatory prosecution because no charges have been filed against her alleged clients.

Later, outside court, Carter said he is not sure that such prosecution is feasible and he has not broached the issue with his boss, Dist. Atty. Gil Garcetti.

“This is me and me alone thinking to myself,” Carter said.

He said the idea of prosecuting the male clients occurred to him as he was researching the discriminatory prosecution issue.

Fleiss is alleged to have been the head of a pricey call girl ring that catered to the wealthy, including people in the film industry. She is accused of five counts of pandering and a drug charge, all felonies, and faces an 11-year prison term if convicted. She did not attend the hearing.

Carter made it clear during the hearing that he knows the names of some alleged clients through grand jury testimony and the “black book”--which is really several daybooks seized by police.

Fleiss’ lawyer, Anthony Brooklier, argued that felony prosecution of the male “tricks” is possible under an 88-year-old law that prohibits anyone from paying “money or any other valuable thing for any person for the purpose of prostitution.”

The hearing before Superior Court Judge Judith L. Champagne was continued until Dec. 17 so the Los Angeles Police Department can determine how many prostitution customers have been charged under the law.

Capt. Glenn Ackerman, head of a Police Department vice unit, testified that he could not recall a single instance of a prostitute’s customer being charged with a felony.

Customers of street prostitutes are sometimes arrested on misdemeanor charges, Ackerman said, when residents complain about prostitution in their neighborhoods. Ackerman said he could not recall an arrest of “high line” call girl or escort service customers.

Ackerman disputed Brooklier’s contention that the 1905 statute can be used against a prostitute’s clients. He said the statute is known as the “white slave law” and is intended to be used against people who buy or sell others for the purpose of prostitution. A conviction under the law carries a maximum three-year sentence.

In trying to establish that the LAPD has a discriminatory policy of not prosecuting the customers of call girls, Brooklier cited statements that Ackerman made in media interviews, saying he had no intention of going after Fleiss’ alleged customers.

In addition to the discriminatory prosecution motion, Brooklier tried to get the pandering charges against his client reduced to attempted pandering, saying that the crime could not have been committed because Fleiss was a victim of a police sting operation.

The judge denied that motion.