D.A. Presses Case Against Outside Sheriff’s Monitor

Los Angeles County Dist. Atty. Steve Cooley reiterated his concerns Tuesday over Sheriff Lee Baca’s plan for outside attorneys to review internal investigations in the Sheriff’s Department.

In a letter to the Board of Supervisors, Cooley said that although he supports the idea of independent review panels assisting law enforcement, he is nonetheless worried about Baca’s plan for private attorneys to help decide whether cases are forwarded to the district attorney’s office.

“Legally, the Office of Independent Review . . . will unconstitutionally interfere with the proper investigation and referral by the Sheriff’s Department of cases to the district attorney’s office,” Cooley wrote to the five supervisors. “I strongly favor the concept of any independent review panel such as OIR to aid agencies such as the Sheriff’s Department to police themselves. Internal reform is not the issue.”

Cooley has proposed that the Sheriff’s Department refer cases directly to his office after investigators have established “probable cause,” the minimum amount of evidence needed to show that an officer probably committed a crime.

The Office of Independent Review, under Cooley’s proposal, would look at criminal cases that the Sheriff’s Department decides not to submit to the district attorney. Cooley said his proposal would protect the district attorney’s constitutional duty to review allegations of police criminal misconduct.

Baca could not be reached for comment Tuesday. Baca and Cooley are expected to discuss the issue today. The county counsel’s office has attempted to negotiate with Cooley and Baca over the functions of the attorneys.

Under Baca’s plan, the chief attorney of the new office would help direct investigations, make disciplinary recommendations and report to the supervisors on significant cases.

Meanwhile, the Board of Supervisors postponed a decision Tuesday on the appointment of a chief attorney for the office. But board sources said Cooley’s concerns were not the reason for the delay. A majority of the board supports Baca’s plans and have said they are eager to create the office.