Slander Suit Against Gates Is Dismissed

A judge has thrown out a $30-million slander suit filed by a former Los Angeles police lieutenant against former Police Chief Daryl F. Gates and the city over remarks Gates made about the lieutenant’s conduct at one of the flash points of the 1992 riots, the city attorney’s office said Monday.

“This court finds there is no direct evidence that Gates believed the statements alleged to be defamatory were false, or that either party has entertained serious doubts about the truth of those statements,” Los Angeles Superior Court Judge Richard C. Hubbell said in the ruling handed down Friday.

A week after the riots had been contained, Gates told reporters that although a Los Angeles Police Department lieutenant had been right to withdraw from Florence and Normandie avenues as violence there escalated, the lieutenant had been wrong not to quickly regain control of the intersection.

“He had a responsibility to regroup and form up in squads and obtain additional people and go back to that location and clean it up,” Gates said during the news conference on May 8, 1992. “Unfortunately, he did not do that. . . . That was a mistake.”

Lt. Michael Moulin--a 21-year LAPD veteran who had been in charge of officers at the intersection when the violence erupted--was at home watching television when Gates made his remarks. Moulin said that even though Gates did not mention him by name, he knew he was being singled out.

“That was the end of my career,” Moulin said.

Both Moulin and Gates saw their mostly distinguished careers unravel in the wake of the department’s failure to stem the violence at Florence and Normandie.

Moulin returned to work once, for a few hours, then retired on a stress pension.

Gates--accused of failing to provide adequate leadership--was driven from office, becoming a talk show host on radio station KFI, a job he quit last week.

Moulin filed a lawsuit in October, 1992, alleging that Gates had slandered him, invaded his privacy and intentionally caused him emotional distress. Named as co-defendants were a number of television programs on which the former chief made his remarks, Gates, the city of Los Angeles and KFI.

The invasion of privacy and emotional distress claims were dismissed from the suit, and the television programs were dropped as defendants.

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A legal fight erupted over whether the case should go to trial. Gates’ lawyers contended that the chief merely was stating his opinions and never sought to harm Moulin. Moulin’s attorneys countered that Gates had maliciously attacked Moulin in an effort to shield himself from criticism.

It was Gates’ motion for dismissal that Hubbell ruled on Friday.

Deputy City Atty. Mary Tornton House said Hubbell agreed with the city’s position that Gates made his statements without malice and without any reason to believe that they may be false.

Neither Gates nor Moulin nor their attorneys could be reached for comment Monday.