Prosecutor’s Suspension Ruled Unfair

A veteran prosecutor’s right to free speech was violated when she was suspended after talking to reporters about the inner workings of the Torrance branch of the district attorney’s office, a federal judge has ruled.

In a case that spotlights the fierce political currents in the district attorney’s office, Senior U.S. District Judge Laughlin E. Waters found that Monika Blodgett’s one-day suspension with pay amounted to “improper retaliation” for meeting with reporters upon learning that she was being transferred from the Torrance office.

Her case has long been a point of contention among deputy district attorneys dissatisfied with Dist. Atty. Gil Garcetti’s management. And her transfer helped spark deep rifts within senior management at the district attorney’s office--rifts that still linger.

Blodgett said the federal court ruling gave her a “sense of vindication. There is an atmosphere in the office that doesn’t permit people to breathe freely and speak freely.”

Garcetti could not be reached for comment.

Blodgett, a deputy district attorney since 1976, was made acting head deputy in Torrance in January 1993.

Garcetti had been head deputy in Torrance before being elected district attorney in 1992.

When Blodgett arrived in Torrance, according to Waters, the office had a “reputation as a place where defense attorneys exercised undue influence on the operation of the courts.”

Blodgett made a “number of changes,” Waters said. In particular, she undertook a strict review of plea bargains.

Many in the office, Waters said, found her “honest, professional and generally excellent in her management.” Others, however, became “dissatisfied with her style,” finding her “rude and confrontational.”

Garcetti, according to Waters, decided to transfer Blodgett to Santa Monica.

On Feb. 17, 1994, after learning of the transfer, Blodgett met behind closed doors with a reporter from The Times and another from the Torrance-based Daily Breeze to complain about how business had been conducted at the Torrance courthouse.

Chief Deputy Dist. Atty. Sandra Buttitta reacted to that meeting by suspending Blodgett for one day with pay, Waters said. Buttitta, Garcetti’s top deputy, also issued instructions that Blodgett not be allowed to supervise any employees in Santa Monica, the judge said.

After a Civil Service hearing, Blodgett filed suit in federal court alleging that her 1st Amendment rights had been violated, naming Garcetti, Buttitta and Assistant Dist. Atty. Frank Sundstedt, who ranks No. 3 in the office, as defendants.

Blodgett also alleged in the suit that she had been passed over for promotion because she is female.

In his decision, issued March 7, Waters dealt only with the issue of free speech and primarily with Buttitta. The ruling has not yet been placed in public files; The Times obtained a copy.

Buttitta, the judge said, violated the “legitimate exercise” of Blodgett’s right to free speech.

Waters said it was not yet clear whether Garcetti “approved or ratified” either of Buttitta’s “unlawful decisions,” saying that issue needs to be decided at a trial. No trial date is set.

Buttitta referred a call Tuesday to attorney John Collins. He noted that much of the case remains contested--including the issue of damages, if any, against Buttitta.