The union representing hundreds of Los Angeles prosecutors is again suing their boss, District Attorney George Gascón, for violating the California Public Records Act (CPRA) by concealing information about a close associate.
According to 200 pages of court documents made public Thursday, the Association of Deputy District Attorneys (ADDA) received incomplete responses in May to a request for information about Gascón County Senior Assistant District Attorney Diana Teran, who faces felony charges. Prosecutors asked for information about her emails and whether she remained on the county payroll after her indictment. They also wanted to know whether county taxpayers were footing the bill for her criminal defense.
The lawsuit seeks to force Gascón’s office to disclose the requested records, to have the district attorney’s office declare that it violated the CPRA, and to pay ADDA’s attorneys’ fees for the lawsuit and the denied request.
“These are public documents and unions and other members of the public have a right to know this information,” said Neama Rahamani, a former federal prosecutor now in private practice based in Los Angeles.
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Los Angeles County District Attorney George Gascón is running for re-election amid harsh criticism and concerns about crime. (Hans Gutknecht/MediaNews Group/Los Angeles Daily News via Getty Images)
He said embattled district attorneys and county lawyers may be trying to delay damaging information from reaching the public until after Election Day.
“Of course, Mr. Teran is a high-ranking deputy district attorney and a close ally of Mr. Gascón, who faces a formidable challenger in November. The union has also filed lawsuits against Mr. Gascón during his tumultuous first term,” Rahmani said.
Read the lawsuit. Mobile Users click here.
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California Attorney General Robert Bonta announced in April that he would indict Teran on felony charges for stealing computer files containing information about Los Angeles sheriff's deputies and misusing them years after he left the department. His lawyers had previously said they expected he would avoid prosecution, but some charges have already been dismissed.
“California's Public Records Law is clear that public agencies must provide access to public records promptly and without unnecessary delay,” said ADDA Vice President Ryan Elrich. “Yet George Gascón has consistently violated the law by unlawfully delaying and obstructing the process.”
Diana Teran (Los Angeles County/File)
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Gascón's office previously denied a similar public records request from Fox News Digital seeking financial information about how much it is costing Los Angeles taxpayers to defend the district attorney against lawsuits brought by the ADDA.
“The department has repeatedly put off, delayed or outright ignored numerous requests,” said Assistant District Attorney John Lewin, who is suing Gascón in a whistleblower retaliation lawsuit.
Unlike other states, California’s public records law doesn’t incorporate a process for appealing denials to a higher agency, leaving records requesters with no choice but to sue the agency if wrongfully denied.
The image, taken from a jail surveillance camera, shows Los Angeles Chief District Attorney Joseph Iniguez, one of Mr. Gascón's top ally, making a phone call from jail after his 2021 arrest on indecent exposure charges. (Azusa Police Station)
“George Gascón believes that because he's the district attorney not only does he not have to follow the law, but that he is, in fact, above the law,” Lewin added. “In less than two months, he will find out that he is not above the law. He lost this election and will spend the next few years defending himself in court as a defendant in over 20 lawsuits that will cost the county over $100 million.”
Gascón's office does not comment on pending litigation, a spokesperson told Fox News Digital.
Los Angeles District Attorney George Gascón faces new lawsuit: 'Illegally asked prosecutors to conceal the truth'
(Bob Riha Jr./Getty Images/File)
The district attorney's office faces more than 20 lawsuits from individual prosecutors and four lawsuits from the prosecutors' union.
“It is deeply disturbing that we are once again being forced to take legal action simply to obtain public documents that should be readily available,” said ADDA president Michelle Hanisy.
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Nathan Hochman, an attorney trying to oust Gascón in the upcoming election, criticized the sheer number of legal battles his rival is facing from his own office.
“It seems like Mr. Gascón needs another civics lesson on how democracy works,” he told Fox News Digital. “If Mr. Gascón had done more to serve the victims of crime rather than his own self-interest or political extremism, he wouldn't have had to hide so much. It's unfortunate that Mr. Gascón's own prosecutors are once again forced to sue him to bring him to justice.”
