Court Tentatively Rules Against Deputy

A state appeals court said it will throw out a Los Angeles County deputy sheriff’s libel lawsuit against Ventura County Dist. Atty. Michael D. Bradbury unless the deputy can persuade the three-judge panel otherwise.

“That’s not good news,” said David D. Lawrence, the attorney for Deputy Gary Spencer. “But it’s not a done deal yet.”

Spencer sued Bradbury and four staff members last year, accusing the prosecutors of defamation, libel and slander.

Spencer shot and killed Donald P. Scott during an early-morning raid of Trail’s End Ranch on Oct. 2, 1992. Investigators were looking for drugs but found none.

Bradbury issued a 64-page report the following March, clearing Spencer of criminal conduct since Scott was brandishing a gun when shot. But the prosecutor said the raid never should have taken place and that Spencer may have lied to get a search warrant.

The 2nd District Court of Appeal, based in Ventura, issued its ruling Friday. The justices agreed with Bradbury that he is protected by the First Amendment right to free speech and a state law allowing prosecutors to make critical statements.

Bradbury appealed to the state court after a Kern County judge refused his request to throw out the suit. The case originally was moved to Kern County because all of the judges in Ventura County declared a conflict of interest. It was then moved to Los Angeles County, then returned to Superior Court in Ventura two months ago.

“This case has been a procedural nightmare,” Lawrence said.

Lawrence’s argument against Friday’s ruling is set for hearing Oct. 12.